Monday November 13th 1775.

The Court being met pursuant to Adjournment.

Lieut. Richard WILSON was further examined.

        Q: Did he not hear Sejeant RYAN say that Mr. McGOURAN had bid him tell Capt. COLLETT that it was his business to come to him?

        A: Yes, he did; and he heard him further declare that Mr. McGOURAN had said further that he did not care for Captain COLLETT, nor his Lieutenant, nor his Company.

The Prosecution being closed, the Prisoner was put upon his Defence and he called Serjeant James McKINNON of Capt. COLLETTs Company in the Royal Fensible American Regiment, who being duly sworn was examined.

        Q:(from the Prisoner)--  Did he not bring a message from Captain COLLETT to Mr. McGOURAN on board the Sloop Sally, the night of the 17th of October?

        A: Yes, he did.

        Q: What was the purport of that message?

        A: Captain COLLETT ordered him to tell Mr. McGOURAN to come on board the Neptune to receive Orders, and to bring Serjeant RYAN with him, but Mr. McGOURAN said that he would not go unless Captain COLLETT sent his orders by an Officer, and also sent him orders how to dispose of his men;

           that he accordingly delivered this message to Capt. COLLETT, who sent him a second time to bid Mr. McGOURAN keep nine men on board the Sloop with him, to send a Corporal and six [men] on board another Sloop, and to let the remainder come on board the Neptune, but Mr. McGOURAN refused doing this for some time without an Order in writing, but he afterwards disposed of the men, according to Captain COLLETTs orders, and he heard him bid Sejeant RYAN to tell Capt. COLLETT that he was indisposed and could not attend him.

        Q: Does he think that the place Capt. COLLETT called a redoubt was defensible?

        A: It was not a strong fortification, but it was as defensible as they could make it in the short time they had to work upon it.

Daniel NUNAN, private Soldier in Capt. COLLETTs Company of the Royal Fensible American Regiment, being duly sworn was examined.

        Q:(from the Prisoner)--  Was he on board the Sloop Sally on the 17th of October?

        A: Yes, he was.

        Q: Did he hear Mr. McGOURAN give Mr. WILSON any abusive language?

        A: He did not.

        Q: Was it possible for any conversation to have passed between Mr. WILSON and Mr. McGOURAN, and he not have heard it?

        A: Yes, there might, as they were in the Cabbin, and he was Sentry near the Windlass on the Deck, but he was called upon by Mr. WILSON to stand Sentry in the Cabbin, and when he came in He heard Mr. WILSON and Mr. McGOURAN in high dispute, and Mr. McGOURAN said that he had no right to take the Command without an order from his superior Officer, and Mr. WILSON answered that he would let him know that he had an order, and after they got on deck, he heard Mr. WILSON say that he would fight him with either sword or Bayonet.

Serjeant Peter ELDER of Capt. SUTHERLAND's Company in the Royal Fensible American Regiment, being duly sworn was examined.

        Q:(from the Prisoner)-- Does he know how he came by the leather, that was taken out of the prize Vessel?

        A: A Negro Man, who was Mr. McGOURAN’s Servant came and informed him that the Sailors were cutting the leather in pieces and putting it into their bosoms, upon which Mr. McGOURAN ordered it to be brought into the Cabbin, and afterwards to be carried on board the Diana.

        Q: Does he not know of Mr. McGOURAN’s having paid for the hog that was shot?

        A: Serjeant THOMAS told him that he was to have paid three dollars for it, and that he had paid two Dollars and was to pay another afterwards, with which the woman appeared satisfied.

        Q: What is become of Serjeant THOMAS?

        A: He has deserted.

        Q:(from the Prisoner)--  Did he ever see Mr. McGOURAN drunk on Duty?

        A: No.

Corporal Henry GEORGE of the Royal Fensible American Regiment being duly sworn was examined.

        Q:(from the Prisoner)-- Was he not on board the Sloop Sally on the 17th of Octr.?

        A: Yes.

        Q: Did he hear Mr. McGOURAN give Mr. WILSON any unbecoming language of any sort?

        A: He did not.

        Q: Did he hear the conversation that passed between Mr. WILSON and Mr. McGOURAN in the Cabbin?

        A: He did not.

        Q: Did not Mr. McGOURAN post two additional Sentry's that night?

        A: Yes, he did.

        Q: Did Mr. McGOURAN appear to be in liquor?

        A: He might have been drinking, but he was not forward in liquor.

        Q: Did he take his party into the Cabbin and drink with them?

        A: The party were in the Cabbin, but they had nothing to drink, whilst he staid there.

Edward MATTHEWS, private Soldier in the Royal Fensible American Regiment being duly sworn, was examined.

        Q: Was the Sentry at the Cabbin door of the Sloop Sally on the Night that Mr. McGOURAN was put in arrest by Mr. WILSON?

        A: Yes.

        Q: Did he hear Mr. McGOURAN give Mr. WILSON any abusive language?

        A: No, he did not.

Mr. McGOURAN then closed his defence with the remarks contained in the annexed paper marked No. 1 which was read by him in public Court.

The Court, upon due consideration of the whole matter before them, is of opinion, that the Prisoner Lieutenant Edward McGOURAN is guilty of the several crimes laid to his Charge, in breach of the following Articles of war, Vizt. the 5th Article of the 2d Section, the 2d of the 7th, the 5th of the 14th, and the 3d of the 20th, and doth therefore Sentence him to be dismissed His Majesty's Service; and further adjudge him unfit to serve His Majesty in any Military Capacity whatever.

The Court doth also direct that this Sentence be read on the General Parade at the head of the new guards, the said Lieut. Edward McGOURAN being present, and that his Commission be there demanded of him by the Town Major or such other Officer as the Commander in Chief shall appoint for the Promulgation of the Sentence and Opinion of the Court.

                                       Thos. DILKES
                                       Major 49th Foot President

Step. P: ADYE
   Deputy Judge Advocate

                       Approved -- W HOWE

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Great Britain, Public Record Office, War Office, Class 71, Volume 82, Pages 102-115.

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