The Prisoner's attestation being read by which it appears he was duly enlisted to serve his Majesty as a Soldier, The Court proceeded to the Examination of the Witnesses.

Robert Begent private Soldier in the 43^d Reg^t being duly sworn, deposeth, that on Monday night the 1^st ins^t at eleven o'Clock he was posted Centry at the Gate between the 38^th & 43^d Regim^ts. About the hour of 12 he saw a Man coming towards him & challenged him who answer'd a Friend. He desired the person to advance with the Countersign, upon which he approached saying his Master was in Town & he must go to him. The Deponent then told him if he did not give the countersign he must go some where else, with that he pushed by him & went out at the Gate. The Deponent thereupon called to the Serj^t of the Guard, then went after him & catch'd him within about six Yards of the Gate, & the Serj^t coming down Immediately he delivered him to him.

Q. by the Court. How was the Person you secured dressed.

A. To the best of my knowledge he was dressed in a brown Frock.

Serj^t William Horsfield of the 43^d Reg^t being duly sworn deposeth that he was Serj^t of the Quarter Guard of the 43^d Reg^t on Monday the 1^st ins^t, that about 12 o'Clock at Night he heard the Centry at the Barrier call to the Guard upon which he run down to the Centry's Post, when he got there he saw him holding a Man in colour'd Cloaths about six Yards without the Rails. He then ask'd the Centry what was the Matter who replied that a Man had attempted to make his Escape by him without giving him the Countersign he then went up to the Man & desired that he would go with him to the Officer of the Guard, which he did, When the Officer had examined the Man he sent him to the Quarter Guard of the 38^th Reg^t & the Deponent delivered him to the Serj^t of the said Guard.

Q. by the Court. How was the Man dress'd that you delivered to the Quarter Guard of the 38^th Reg^t.

A. He had on a brown Frock & a round cut Hat.

Q. What reason did the Person assign for attempting to go out of Camp at that time of night.

A. He said he was servant to Cap^t Fox & wanted to go to his Master who was in Town.

Q. Do you know the Prisoner Luke Murphy to be the Person secured by Begent & conveyed by you to the Guard of the 38^th Reg^t.

A. I can't be positive that he is the Man.

Serj^t Angus Gunn of the 38^th Reg^t being duly sworn deposeth that he was Serj^t of the Quarter Guard on Monday the 1^st ins^t and between the hours of twelve at Night & one the next Morning a Serj^t and two private Men of the 43^d Reg^t called upon him & informed him they had a Prisoner who they believed belonged to the 38^th Reg^t. It being dark he could not tell whether the Man belonged to the Reg^t or not, 'till he took him to a Candle when he knew the prisoner to be of Cap^t Norman's Company of the 38^th Reg^t. And is certain that the Prisoner before the Court is the Person. He immediately reported him to Lieu^t Sutherland the Officer of the Guard who ordered him to be confined.

Q. by the Court. How was the Prisoner dress'd when delivered to you.

A. In a light brown frock a round cut Hatt and Regimental Breeches.

Q. Did you ask whose Servant he was.

A. Yes. And he answer'd me in a Stupid Manner. Many a ones and seem'd to be much in Liquor.

Q. Do you know if the Prisoner was a Servant to any of the Officers.

A. He never was.

Q. Was it usual with the Prisoner to appear in colour'd Cloaths.

A. It was not since he has received his Regimental Cloathing.

Lieu^t Sutherland of the 38^th Reg^t being duly sworn deposeth that he was officer of the Quarter Guard of the 38^th Reg^t from 7 o'Clock Monday morning the 1^st ins^t 'till the usual time of relieving the next day, That between the hours of 12 on Monday Night & one in the Morning Tuesday he heard one of the Centry's talking as if there was something Extraordinary. Upon which he immediately dispatch'd his Serj^t who return'd with the Prisoner Luke Murphy and told him he got him from a party of the 43^d Reg^t who had seized him attempting to leave the Camp. That the Prisoner was disguised in a Whitish sort of Coat & he L^t Sutherland upbraided him with his Guilt he seemed a good deal confused & replied that it was the effect of Liquor that made him leave his Tent at that hour. He questioned him farther if he would discover any one who had persuaded him to take that Step, but he still persisted that it was the effects of Liquor upon which he confined him in the Guard Tent posting a Centry over him.

The Evidence for the Crown being closed the Court adjourned 'till Monday Morning the 8^th ins^t 10 of the Clock.

August 8^th 1774

The Court met according to adjournment President and Members the same as Saturday.

The Prisoner Luke Murphy being called upon to make his defence delivered in to the Court a Paper which being read by the Dep Judge Advocate is as follows.

Gentlemen

I am accused before you of an intention to desert, & yet, however strong appearances are against me, I hope to prove to you that I never had an intention of that nature. About eight o'Clock on the Evening of the 1^st ins^t after I had been dismissed from the Drill I ask'd Malc^m Campbell private Soldier of the same Company to go up with me to the 5^th Reg^t to see a friend. We there drank pretty freely, then on our Return to our Tent said Campbell ask'd me for Liquor for helping me to clean my Arms. I did not then comply with his Request, but intended to give some if I could get it. I knew I could not get out myself for it but apply'd to Dennis who is an Officers Servant to go & get some for me but he refused. I then applyed to John Wilson & his Wife who likewise refused to go, being very impatient to get the Liquor I went to my Tent & put on a brown Coat that I had got from Lt Dutton's Serv^t to mend for him, & took with me my Canteen Bottle in order to go & get some Rum. When I was taken by the Centry of the 43^d. But I do declare I had not the smallest intentions to desert, & that the Hat I had was my own which I used to wear on board Ship, I am but a Recruit & did not know that I was doing any thing that would subject me to Punishment. I request the Witnesses to be called & hope you Gentlemen will have compassion on my inexperience which by my future Conduct I shall do my endeavour to deserve.

Malcum Campbell private Soldier in the 38^th Reg^t being duly sworn deposeth, that on Monday the 1^st ins^t after evening Roll Calling the Prisoner invited him to accompany him to see a friend of his in the 5^th Reg^t. that he went accordingly when they drank some Grogg which seem'd to effect the Prisoner so much that upon their return a little before Nine o'Clock he did not know his own Tent. That the Deponent having frequently assisted the Prisoner in Cleaning his Arms and Accoutrements for which he had been promised some liquor desired to have it that Night, that the Prisoner requested he would wait 'till the next day but the Deponent being to Mount Guard next Morning said he chose to have it that Night upon which they separated, each going to his Respective Tent.

The Deponent further declares that there has been a very great Intimacy between him & the Prisoner, That upon some Desertions happening in Ireland. He told Murphy that he supposed he would very soon follow the Example of his Countrymen, but he (Murphy) very solemnly declared he would never be guilty of such a Crime, that he knew the Engagement he enter'd into when he inlisted & was determined strictly to fulfil it. Also that in a Conversation they had some day in the latter end of July the Deponent ask'd the Prisoner how he liked this Country and his present situation to which he answered that he liked both extremely well & did not desire to exchange.

Elleanor Grimshaw, Wife to a Soldier in the 5^th Reg^t being duly sworn declares, that on the Evening of the 1^st ins^t the Prisoner went to her Husband's Tent, that he drank some Punch there, that he pressed her very earnestly to go to bring him some more Liquor but she positively refused having observed that he was drunk when he came to the Tent & it being near Nine o'Clock, That he then went away promising to return earlier the next Night.

William Dennis private Soldier in the 38^th Reg^t being duly sworn Deposeth That on the 1^st ins^t some time after Evening Roll Calling. The Prisoner Luke Murphy came to him and desired he being an Officers Serv^t would bring him some Liquor which he absolutely refused to do, upon which he went away seemingly discontented but return'd in a Short while after & in a very earnest manner desired he would get him some Liquor but the Deponent still refusing to do it the Prisoner went away & the Deponent went to his Bed, that some time after the Nine o'Clock Gun had fired the Prisoner came & awoke him desiring him a third time to go & get him Liquor & inviting him to take share of it, but he refused to indulge him upon any Acct and insisted he should return to his Tent. That the Prisoner then applied to a Soldiers Wife of the name of Wilson belonging to the same Tent with the Deponent who likewise refused. He then went to the Woman's Husband desiring that he would oblige her to go, who answered she should not do it upon any Consideration for any Man in the Camp with that the Prisoner went away & he (The Deponent) did not see him 'till next Morning when he was confined in the Q^r Guard.

John Jones private Soldier in the 38^th Reg^t & Serv^t to Lieu^t Dutton being duly sworn deposeth, that some days before the first of August he gave the Prisoner (who is by Trade a Taylor) a Coat to Mend that on the Morning of the 2^d hearing Murphy was confined he went to his tent & found the Coat there which being produced to the Court appears to answer the description given of that which the Prisoner wore when he was apprehended.

John Love private Soldier in the 38^th Reg^t being duly Sworn deposeth, that he was in the Tent the Prisoner Murphy was confined in upon his being first brought to the Q^r Guard of the 38^th Reg^t that he ask'd him several Questions relative to his Intentions, that the Prisoner declared he did not mean to desert but wanting to get some Liquor he beg'd several Officers Serv^ts to bring him some who refusing he determined to go himself & put on Lieu^t Dutton's Serv^ts Coat the better to pass the Centrys by appearing as a Servant. The Deponent farther declares that the Prisoner was very drunk & had a Canteen in his Pocked which he intended to put the Rum in he was going for. Also that he had all his Regimental Cloathing on except the Coat & Hat before mentioned.

Ensⁿ Chaplant Swiney of the 38^th Reg^t being called upon by the Prisoner for a Character & being duly sworn declares that he has known the Prisoner for some Time & that he is a well behaved Man & was never brought to a Court Martial nor confined before to his knowledge.

The Court having duly considered the Evidence against the Prisoner Luke Murphy and his Defence do acquit him of attempting to desert but it being clearly proved that he disguised himself contrary to the Custom of the Army and with Intentions to go out of Camp contrary to orders do therefore and in Virtue of the 3^d Article of the 20^th Section of the Articles of War sentence him to receive One Hundred Lashes with a Cat of nine Tails on the bare Back by the Drummers of the Line.

The Court adjourned 'till tomorrow Morning 10 o'Clock

Boston August 12th 1774

I approve of the Sentence of the Genl Court Martial upon the Prisoner Luke Murphy of his Majesty's 5^th Reg^t of Foot.

Tho^s Gage

Commd^r in Chief

[WO 71/79 pp367-374]

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