Friday the 29th May 1778.

The Court being met pursuant to Adjournment.

Lieut. Nathl. FITZPATRICK of the Provincial Regiment of Queens Rangers, came Prisoner before the Court and was accused of behaving in a Scandalous infamous Manner such as is unbecoming the Character of an Officer and a Gentleman, and the following Witnesses were examined in Support of the Accusation
Vizt.

Lieut. Col. John Graves SIMCOE Commanding the Corps of Queens Rangers, being duly sworn, deposed that upon the Queens Rangers, being Orderd on an Expedition in March last, Lieutenant FITZPATRICK apply’d for leave to remain behind, being incapable of doing his duty from a Violent Venereal Disorder;

and upon their return to Quarters, it was whisper’d in the Regiment and came to the Witness’s knowledge that during the absence of the Regiment he had lain with a Woman that liv’d with Captain MURRAY of the Same Regiment knowing himself to be poxed, and permitted Captain MURRAY to lay with her without informing him of it, who was disorder’d and thereby render’d incapable of doing his duty;

that the Prisoner himself acknowledged all these Circumstances to him, and afterwards apply’d for leave to go to Town, in order to get himself Cured, which was granted him;

that the Officers of the Regiment having turn’d him out of the Mess, and refused to Roll in duty with him he (the Witness) a few days ago receiv’d a Letter from him Informing him that he was fit for duty, and was surprized that a matter of a private nature should be taken up by the Officers of the Regiment, and made a Regimental Affair of, as he had made every Concession consistent with the Character of a Gentleman and a man of honor;

in answer to this he (Col SIMCOE) wrote him that as he treated it as a private affair, and looking upon him as not sensible of the Injury he had done to his own Character and to the Corps in General, he determined to prevent any such behaviour for the future;

and desirous to preserve him from appearing before a General Court Martial, he inform’d him that if he sent in his Resignation to be accepted of in case his future behaviour should be disagreeable to the Captains and Subalterns Senior to himself, he would intercede with the Corps to forget his past Conduct;

that in answer to this Letter he received another, the purport of which was his refusing to send his resignation upon those terms, and desiring to know his Crime that he might prepare for his Defence.

For the Letters refer’d to Vide No. 1, 2, & 3,

        Q. Was the Behaviour of Lieutenant FITZPATRICK prior to this affair such as to induce the Officers to turn him out of the Mess, and refuse to do duty with him, or did it proceed merely from this affair?

        A. The immediate Cause of it was this affair.

        Q. What has been Lieutenant FITZPATRICK’s general behaviour as an Officer and a Gentleman, prior to this affair?

        A. His behaviour as a Gentleman has been very exceptionable, but as an Officer in action, he has behaved remarkably gallant, but in other respects very negligent and inattentive.

Alexr. KELLOCK, Surgeon to the Queens Rangers being duly sworn was examined.

        Q. Was he a member of the Mess to which Lieutenant FITZPATRICK belon[g]’d?

        A. Yes.

        Q. What were the reasons for his being expell’d that Mess?

        A. His misbehaviour with regard to Captain MURRAY, relative to the Girl he kept.

        Q. Were there any other reasons assign’d for it?

        A. He did not hear any other.

Ensign Willm. BRADSTREET of the Queens Rangers, being duly sworn was examin’d.

        Q. What were the reasons for the Subalterns of the Regiment refusing to do duty with Lieutenant FITZPATRICK?

        A. His laying with Capt. MURRAY’s Girl and thro’ her disordering him.

        Q. Were there any other reasons assign’d for it?

        A. He believes not.

        Q. Had the Subalterns taken up the affair of Captain MURRAY’s Girl before Lieutenant FITZPATRICK was turn’d out of the Mess or afterwards?

        A. He cant say whether it was before or after, it was much about the time.

        Q. Was this Girl look’d upon in the Regiment as kept by Captain MURRAY?

        A. She was.

        Q. (By desire of Lt. FITZPATRICK)  did he (the Witness) refuse doing duty with Lt. Fitzpatrick.

        A. He had no occasion as the Older Subalterns had already done it and had it not have come to his Turn, but had he been call’d upon, he certainly should have refused.

The Court Adjourn’d till next morning 9 oClock.

Great Britain, Public Record Office, War Office, Class 71, Volume 86, Pages 291-310.

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