[Continuation of a general court martial of Lieutenant Nathaniel FITZPATRICK of the Queen's American Rangers for behaving in a Scandalous infamous Manner such as is unbecoming the Character of an Officer and a Gentleman.]

Saturday the 30th May 1778.

The Court being met pursuant to Adjournment.

Lieutenant FITZPATRICK being put upon his Defence call’d upon Ensign George MASSEY of the 49th Regiment of Foot, who being duly sworn was examin’d,

        Q. Does he recollect, whilst the Queens Rangers were at Salem, to have spent an Evening at Lieutenant FITZPATRICK’s Room, and to have lain there?

        A. He does.

        Q. Does he recollect at any time that Evening and particularly when Lieutenant FITZPATRICK was going to bed, Mary DUCHÉ coming to his apartment and for what purpose?

        A. He recollects her coming there, but he cannot tell for what purpose, but when she came in Lt. FITZPATRICK and she went together in a Room where there were two Negro Wenches.

        Q. (by the Court)  Does he know whether she came of her own accord, or was sent for?

        A. He cannot tell, but he was some time in Lieutenant FITZPATRICK’s Room before she came in, and he did not hear any message sent to her.

        Q. Did she come then a second time that Evening?

        A. About three or four oClock in the Morning there was some body came into the Room, which he supposed to be a Woman, and upon asking Lieutenant FITZPATRICK afterwards who it was, he told him that it was Mary DUCHÉ.

        Q. (by Lt. Col. SIMCOE)  Has he ever been at Captain MURRAY’s Quarters?

        A. He has.

        Q. Is he acquainted with Captain MURRAY?

        A. No.

        Q. Did he ever dine or sup there during Captain MURRAY’s absence?

        A. He did not.

Ensign Edward COLLER of the 5th Regiment of Foot, being duly sworn was Examin’d.

        Q. Was he at any time in Lieutenant FITZPATRICK’s Room, whilst the Queens Rangers were at Salem, and did he ever see Mary DUCHÉ Captain MURRAY’s Girl there?

        A. Frequently.

        Q. In what manner did he see her behave towards Lieutenant FITZPATRICK?

        A. In a manner which he thought very unbecoming a Woman, such as throwing her arms round his neck and throwing him upon the Bed with her--  he has frequently seen him go from her and she follow him.

        Q. After he had seen her behaviour, what caution did Lieutenant FITZPATRICK give him (the Witness) respecting her?

        A. He told him that he would introduce him to her upon Condition that he would not take advantage of her, that she was a very weak Girl and might be easily persuaded, but that she belong’d to Captain MURRAY, in whose Company he was, and that he had the care of her and would protect her, and upon those Conditions he was introduced to her and Dined with her and Lieutenant FITZPATRICK.

        Q. Did he not learn from her the reason why Lieutenant FITZPATRICK was left behind?

        A. She ask’d him the day after he was introduced to her, if he knew the Reason of Lieutenant FITZPATRICK being left behind, and he answer’d that he believ’d that he had a Fever and Ague, but she said that it was not on that account, but that a Woman who had come to him from Town had disorderd him.

        Q. How long after she was parted from Captain MURRAY had he (the Witness) any Connection with her and did she disorder him?

        A. In about four or five days after she came from Captain MURRAY she came to him, and having heard that Lieutenant FITZPATRICK had been with her, he ask’d her if she was disorder’d and she said that she was not, upon which he lay with her and found no bad Effects from it.

        Q. (by the Court) Did she say that Lieutenant FITZPATRICK had lain with her?

        A. No, he ask’d her if he had and she absolutely denied it.

        Q. Did he hear the reason that she left Captain MURRAY?

        A. He heard that it was on Lieutenant FITZPATRICK’s account; that he had lain with her, and Captain MURRAY’s Servant told his master of it, and he turn’d her off.

        Q. (by Lt. Col. SIMCOE) Did he dine frequently at Captain MURRAY’s Quarters during his absence?

        A. He did.

        Q. Is he acquainted with Captain MURRAY?

        A. No.

        Q. Did he ever lay with Mary DUCHÉ in Captain MURRAY’s Room during his absence?

        A. Never, though he had frequent opportunitys and every enticement that could be offer’d by a Woman.

        Q. (by desire of Lt. FITZPATRICK) Did Mary DUCHÉ ask him to dine with her?

        A. She did frequently, and the reason she gave for it was, that Lieutenant FITZPATRICK had left her alone, and she wish’d that he (the Witness) would come and keep her Company.

Lieutenant Robert PATRICK, of the 5th Regiment of Foot, being duly sworn was examin’d,

        Q. Has he ever been acquainted with Mary DUCHÉ, since she was parted from Captain MURRAY and how long afterwards?

        A. He was introduced to a Girl of the name of DUCHÉ who he was informed had liv’d with Captain MURRAY but had left him sometime.

        Q. Did he receive any injury to his health by being Connected with her, and how long did she live with him?

        A. She was in his Room for two days and two nights and he has not found any Injury by his Connection with her.

Captain James MURRAY of the Queens Rangers being duly sworn was examin’d.

        Q. Did not Lieutenant FITZPATRICK make an apology to him for the Injury he Conceived that he had done him?

        A. He did.

        Q. Did he not accept of the apology, so far as to say that he was sorry that the matter had gone so far, and that the reason of not answering his (Lieutenant FITZPATRICK’s) Letter was that he waited for an opportunity to see Colonel SIMCOE, and beg that the matter might be dropt.

        A. He had many private reasons for wishing that the matter might not be made publick, on which account he forgave Lieutenant FITZPATRICK.

        Q. Had he any reason at any time, previous to this affair to think Lieutenant FITZPATRICK’s Conduct as an Officer and a Gentleman of such a nature as to merit the disapprobation of the Officers of the Regiment so much as to induce the Subalterns to refuse doing duty with him?

        A. He never knew any thing particularly against him before.

        Q. (by Lt. Col. SIMCOE) Was he not disorder’d by Mary DUCHÉ?

        A. Yes, he was.

        Q. At what time?

        A. On their return from Salem in March last.

        Q. Did she not tell him that it was by Lieutenant FITZPATRICK that she had been disorder’d?

        A. Yes, and that he had given her Medicines to prevent the Consequences.

        Q. Did he leave Mary DUCHÉ in the care of Lieutenant FITZPATRICK?

        A. He did not.

        Q. (by the Court) At the time that Lieutenant FITZPATRICK made an apology to him, did he acknowledge that he had disorder’d the Girl?

        A. He acknowledged that he had lain with her, but nothing more.

        Q. Is he certain that it was by Mary DUCHÉ that he was disorder’d and what are his reasons for being so?

        A. He had no other Connection with any other Woman for a Considerable time before.

        Q. Did he shew the letter he receiv’d from Lieutenant FITZPATRICK, making an apology to the Officers of Colonel SIMCOE’s Corps?

        A. He believes that he shew’d it to two or three, but not to all of them.

        Q. What was their opinion upon it?

        A. He does not recollect what opinion they gave.

        Q. At the time that he shew’d the Letter, did he tell them that he look’d upon it as a sufficient apology from Lieutenant FITZPATRICK?

        A. He believes that he might.

        Q. Has he any reason to think that Lieutenant FITZPATRICK put him to any Considerable expence during his absence?

        A. He has not.

Fitzpatrick Court Martial, Part 3

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

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