The Court Proceeded to the Trial of Emanuel NUTT Private Soldier in the Corps of Pioneers and Guides, Charg'd with Desertion.

1st Evidence Henry GREEN Private Soldier in the Pioneers and Guides, being duly Sworn, deposes, that the Prisoner, was absent from his Detachment at Whitestone near ten Weeks that he went after him by Order of his Commanding Officer and found him at Bethpage on Long Island.

Abraham STORM Private Soldier in the Pioneers and Guides being duly sworn deposes, that he has known the Prisoner Emanuel NUTT a considerable time that he has received Pay and Cloathing as a Soldier in that Corps duly that he was absent from his Detachment, laying at White Stone Nine or ten Weeks that he the Deponent went after him, by Order from the Officer Commanding, in Company with Henry GREEN, and found him at Bethpage on Long Island.

The Prisoner Emanuel NUTT, being call'd to and put on his Defence says, that when He absented himself from his detachment he was in Liquor that he has been Twenty five Years in his Majesty's Service, that he had no intention of deserting, but was afraid to return back 'till some of his Friends, had made intercession with the Commanding Officer in his Behalf.

Abraham STORM in behalf of the Prisoner, deposes, that when he was sent for the Prisoner, he the Prisoner very readily and willingly join'd the Party, and had not dispos'd of his Regimentals.

The Court having heard and Consider'd the Evidence in behalf of the Charge, as also the Prisoner's Defence, is of Opinion, that the Prisoner Emanuel NUTT is Guilty of the Charge brought against him, in breach of the first Article of the Sixth Section of the Articles of War and do therefore Sentence him to receive Five hundred Lashes in the usual Manner.
But in Consideration of his long Services, the Court recommend the Prisoner Emanuel NUTT to his Excellency the Commander in Chief for Mercy.

                                       John BREESE
                                       President

Richard PORTER
   Ass. Dy. J. Advocate

                       Confirmed.



Great Britain, Public Record Office, War Office, Class 71, Volume 93, pages 206 207.

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