Prisoner—     Capt. Martin McEVOY of the Roman Catholic Volunteers came Prisoner before the Court and the following Charge was exhibited against him.

That the said Captain McEVOY had behaved in an ungentlemanlike manner.

Which Charge was confined to the following Articles– plundering in the Jerseys in taking a Horse, and Cow– and behaving indecently on the Parade.

Evidence—     Doctor FITZGERALD of the Roman Catholic Volunteers informs the Court, that he saw Captain McEVOY assist his Servant to catch a Colt in the Jerseys upon the high road in the line of March. That some little time after he heard the prisoners Servant complain to Major LYNCH that his Master had taken a Horse and Cow from him and would allow him nothing for them. That he afterwards saw the Horse in the possession of an Officer of the Regiment who returned him to Captain McEVOY being told that he had not been legally obtained.

Evidence—     Mr. NOWLAND Quarter Master of the Roman Catholic Volunteers informs the Court that Captain McEVOY told him, to take the Cow but said he would have him again. That a Commissary told the prisoner in his presence to keep the Cow untill Commissary CHRISTY should send for her. That in the Jerseys Captain McEVOY requested him to inform Major BRUIN that his servant had taken a Horse and he (Capt. McEVOY) would be glad to know what should be done with him. That Major BRUIN said that he did not want Horses at that time, if the Horse were claimed he should be delivered to the Owner. That Capt. McEVOY offered the Horse for sale before he desired him to speak to Major BRUIN about him, that the prisoner had two Horses when he came into the Jerseys and brought four from thence among which there was no Colt.

Evidence—     Capt. MORRIGAN informs the Court that he saw Captain McEVOY kick Captain McKINNON on the Parade.

Evidence—     Lieut. CONNELL confirms the Evidence of Captain MORRIGAN.

Defence—     The Prisoner being on his Defence, acknowledges that his Servant caught the Horse. That he told a Gentleman who wanted to buy him, that he might have him, paying his Servant something for his trouble, but pleads that previous to this, he desired Mr. NOWLAND the Quarter Master of the Regiment, to inform Major BRUIN, that his Servant had taken a Horse in the line of march. Major BRUIN, said he should keep the Horse untill he should be claimed as he did not want Horses at that time. That no owner appearing, he left the Horse with a Farmer, with Orders to give him to the Owner when he could find him out. That he took up the Cow in Camp, imagining that she belonged to the Army, and accordingly informed a Commissary of it, who said as She was not fit for Slaughter he might keep her untill She Should be sent for. That upon Long Island he desired a Commissary to take her, and give him a Receipt, the Commissary refused, as he had paid a Guinea for her passage from Sandy Hook to New York. That by Order of Major LYNCH, he waited on Commissary CHRISTY to deliver the Cow to him, he refused to take her, and said if he were not suffered to keep her, he might dispose of her as he pleased. That he reported this to Major LYNCH who insisted she should be delivered to the Quarter Master of the Regiment, which he accordingly did, and desired him to give a receit for her, he refused it, as he said none of the Commissarys would receive her, that seeing her taken no care of he took her again, and she is now ready to be delivered up if required.

As to the last part of the Charge Vizt. behaving indecently on the Parade– the Prisoner acknowledges, that he was provoked by some abusive Language of Capt. McKINNON, to offer or give him a Kick.

Sentence—     The Court having duly weighed the Evidence for and against the Prisoner are of Opinion that he is Guilty of the Charge and do therefore Sentence him to be discharged from His Majesty’s Service according to the twenty third Article of the fifteenth Section of the Articles of War.

                                       G. G. LUDLOW Col.
                                       President

Capt. Grafton DULANY acting
   Deputy Judge Advocate

                       Confirmed H CLINTON



Great Britain, Public Record Office, War Office, Class 71, Volume 87, Pages 176-178.

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