Friday Febry. 19th 1778.

The Members being met and duly sworn, the Deputy Judge Advocate being also sworn, and prosecuting in His Majesty’s name— Thomas STANLY Volunteer, Michael BRADLEY, Michael SHANNON, & Christopher SMITH private of Captain Emerick’s Chasseurs, Came Prisoners before the Court, Confined by Order of Major General JONES and Charged with Stealing two Oxen and a Cow from Peter BASSEE.

Peter BASSEE being duly sworn deposeth That on Sunday Evening last he lost two Oxen and a Cow and that he enquired of Captain EMERICK and his Men whether they could give him any intelligence of them;

Captain EMERICK then told the Deponent if it was possible he would find out who had taken the Cattle, and send to him the same Evening information where the Cattle were.

Next Morning Captain EMMERICK told the Deponent one of the creatures was Killed, but that an Ox and a Cow Still were alive, and sent a Corporal soon after with the Ox and a Cow to the Deponent, that he then told Captain EMMERICK, he was Satisfied & Carried the Cattle home.

        Q. (by the Court)— Did you receive any Compensation for the Ox that was killed?

        A. I did not, but Captain EMMERICK promised me Forty Dollars if the General Consented to have the affair Compromised.

Ludovick HOSPER private of the Artillery attached to Colonel KOGLER’s Grenadiers, Being duly sworn deposeth.

That he bought two Oxen & a Cow from the Prisoner Michael BRADLEY & Christopher SMITH last Sunday Night & gave them twenty four Pounds York Currency for the Cattle.

That there were four men in Company at the time, but he knows only two of them, and says John ELER was present when the bargain was made.

Lieut. John ALTHOUSE of Captain Emmerick’s Chasseurs being duly sworn deposeth.

That upon a Complaint being made by Peter BASSEE of his having lost two Oxen and a Cow, Captain EMMERICK ordered the Captain who Commanded at the upper Bridge not to permit any Cattle to be drove by, and also desired the Deponent to report the affair to General JONES, which he did and that the four Prisoners, Thomas STANLY, Michael BRADLEY, Michael SHANNON and Christopher SMITH returned Captain EMMERICK Sixty Dollars, money they had received for Cattle sold by them to the Hessians.

The Prosecution being Closed the Prisoners were put on their defence—

Who alledge they have been offered money frequently by the Hessians to bring in Cattle, and submit themselves to the Mercy of the Court.

Thos. STANLY, Michael BRADLEY, & Michael SHANNON, call on Lieut. ALTHOUSE for a Character—

Who says they have never before been guilty of any fault to his knowledge, and recommends them in a Strong manner.

The Court upon due consideration of the Evidence for and against the Prisoners Thomas STANLY, Michael BRADLEY, Michael SHANNON, & Christopher SMITH, together with what they had to offer in their Defence is of Opinion that they are guilty of the Crime laid to their Charge, & do therefore by Virtue of the Power and Authority in them vested by the second Article of War of the 20th Section Adjudge the said Thomas STANLY, Michael BRADLY, Michael SHANNON & Christopher SMITH to receive one thousand Lashes each on the bare back with a Cat & nine tails at such time & place, as the Commander in Chief shall be pleased to direct.

                                       Daniel DISNEY
                                         Major 38th Regt.
                                               President

Wm. LYON Lt. 45th Regt.
   Dep: Judge Advocate

                       Confirmed
                          W. HOWE

Great Britain, Public Record Office, War Office, Class 71, Volume 85, Pages 262–265.

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