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General Court Martial of Mathew Buckley/Buckly

[Extract of the General Court Martial whereof Lieut. Colonel John YORKE was President, held at New York between 16 November and 27 November 1778.]

Mathew BUCKLEY, Private Soldier in the Corps of Guides and Pioneers, was brought Prisoner before the Court, accused of Deserting from the Said Corps, and the following Witnesses were examined in Support of the accusation vizt.

Lieut. Alexander McDONALD of the same Corps being duly Sworn, deposed that he knew the Prisoner to have received pay and Cloathing as a Soldier in the said Corps; that hearing upon his return from New Jersey that the prisoner had Deserted from the General Hospital and was on Board of a Vessel in the harbour; he sent a file of Men on Board that Vessel and had him Lodged in the Provost Guard.

Archibald McDONALD Surgeon to the Corps of Pioneers, being duly sworn deposed that the prisoner was a patient in the General Hospital, and Deserted from thence, but what became of him till he was apprehended and brought Prisoner to the Camp, he knows nothing about.

        Q. How long was he absent.

        A. From the last time that he saw him in the Hospital, 'till he was brought Prisoner to Camp was about a fortnight.

Lieut. John STARKE, Adjutant to the Corps of Pioneers, being duly Sworn deposed that he knew the prisoner to have been duly inlisted in the said Corps, and that having heard that he had deserted from the General Hospital and was on Board a Vessel a file of Men was sent for him, who brought him to Camp; that upon asking him the reason of his Deserting, he said that he had got a discharge from the General Hospital as unfit for the Service, but had lost it.

The Prisoner being put upon his Defence said at the time he left the Hospital, he was out of his Senses and does not [know] whether he went out by day or night; that he left some of his Regimental Cloaths in the Hospital, and being without shoes, and his own Corps in the Jersies, he was helping to row one of the King's boats, for which he was to get a pair of Shoes, when he was apprehended.

The Court having considered the Evidence for and against the Prisoner Mathew BUCKLY together with what he had to offer in his Defence, is of Opinion that he is Guilty of the Crime laid to his Charge, in breach of the 1st Article of War of the 6th Section, and doth therefore Adjudge him to receive five hundred Lashes on his bare back with Cats of Nine Tails.

                                            J. YORKE
                                       Lieut. Col. 22d Regt.

Step. P. ADYE
   D. Judge Advocate

                       H. CLINTON.

Great Britain, Public Record Office, War Office, Class 71, Volume 88, pages 58-59.

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