At a General Court Martial held at Niagara the 14th July 1783 of which Lieut. Colonel DUNDAS is President.

Lieut. John TURNEY of Lieut. Col. Butler's Rangers, Accused by Captain CALDWELL of said Corps of Cowardice, and Disobedience of Orders in the Action of the 4th and 5th of June 1782, when before the Enemy.

The Court after having attentively considered the Evidence produced in support of the prosecution, touching the charge of Cowardice before the Enemy in the action of the 4th June 1782, and having likewise maturely weighed the Evidence, called upon by the Prisoner in Support of his defence, Are of Opinion, that the prisoner Lieut. John TURNEY is Guilty of Misbehaviour before the Enemy, on the said 4th June 82, in breach of the 12th Article of the 14th Section of the Articles of War; but they are of Opinion, that his said Misbehaviour did not proceed from Cowardice but Neglect.

They therefore do Acquit him of Cowardice.

The Court next Considered the Crime of Disobedience of Orders of which the prisoner Lieutenant John TURNEY is accused, and after having seriously Weighed the Evidence in Support of that Charge, as likewise what the prisoner advanced in his Defence; Are of Opinion that he is Guilty in breach of the 5th Article of the 2nd Section of the Articles of War, but at the same time it appears to the Court that His Disobedience proceeded from Inattention rather than Design.

The Court not only find the prisoner Lieutenant John TURNEY innocent of the Crimes with which he is Accused on the 5th of June when before the Enemy; But are of Opinion that His Conduct on that day was proper and Spirited.

But in Consequence of the forementd. Neglect, and Disobedience of Orders when before the Enemy on the 4th June 1782, The Court Sentence the Prisoner Lieutenant John TURNEY to be Suspended from Rank and pay in His Majesty's Service for the space of Six Months, and that he shall be further reprimanded at such time and in such manner, as His Excellency the Commander in Chief shall think proper.

His Excellency the Commander in Chief approves of the above sentence, and desires the Brigadier General of the District to reprimand the prisoner Suitably.

Signed/  R.B.L.   A.G.

Lieutenant Gorges GRAHAM of the 84th Regimt. Accused of Ungentleman like behaviour, in Boxing with, and making use of most Scurrilous language to Lieutenant David SMITH of the same Regt. Also for Obstructing the Adjutant in the Execution of his duty, and threatening him with punishment, for having Obeyed the positive Orders of the Commanding Officer, and for Riotous, Unmilitary like behaviour, on the 16th, 17th, 18th & 19th days of November 1782.

The Court Maturely Weighed the Reasons given by Major HARRIS, for declining to call Evidence in Support of that part of the Charge, given in against the prisoner Lieutenant Gorges GRAHAM of Ungentleman like behaviour, in Boxing and making use of the most Scurrilous language to Lieut. David SMITH,

"Vizt. that upon a Report being made to him as Commanding Officer of the Regiment, of Lieutenant GRAHAM having been Guilty of such behaviour, He thought it his duty to put him under an Arrest, but upon the matter being taken up, & Investigated by his Brother Subalterns of the Corps, it appeared that Lieut. David SMITH was the Sole Agressor in that dispute, and the Lieut. GRAHAM had not struck him, untill he had received ill Language and repeated blows from Lieut. David SMITH, and that the prisoner seemed at length to return the blows, as much in his own Defence as from the provocation he had received."

"In Consequence of this Declaration of Major HARRIS the Court Conclude that the prisoner Lieutenant Gorges GRAHAM is not Guilty of this part of the Crime, laid to his Charge, and do Acquit him thereof Accordingly."

The Court after attentively considering the Evidence in Support of that part of the Charge, accusing him of Obstructing the Adjutant in the Execution of his duty and threatening him with punishment for having Obeyed the orders of the Commanding Officer, as also those produced by the prisoner in his Justification.

It does not appear to the Court, that the prisoner is Guilty of this part of the Crime, and they do accordingly acquit him thereof.

As to the Subsequent part of the Crime (namely) for Riotous, Unmilitary, and Ungentlemanlike behaviour, on the 16th, 17th, 18th & 19th days of November 1782.

The Court after Maturely Weighing the Testimony of the several Evidences, produced in support of the prosecution, and those called upon by the prisoner in favour of His defence, are of Opinion, that there does not appear any thing Reprehensible in the Conduct of the prisoner on the 16th November 1782, But they find his general behaviour on the 17th, 18th & 19th days of the same month to have been Riotous, Disorderly, and Abusive, which being a Breach of the 3rd Article of the 20th Section of the Articles of War.

The Court do Sentence the said Prisoner Lieutenant Gorges GRAHAM, to make a public Apology at the Head of the Regiment to the persons he Abused, and be there Reprimanded in such a manner as it shall please His Excellency the Commandr. in Chief to direct.

His Excellency the Commander in Chief approves of the Above sentence, and leaves it to the Commanding Officer of the 84th Regiment, to Reprimand the prisoner Suitably.

Signed/  R: B: LERNOULT   A: Genl.

Lieutenant David SMITH Of the 84th Regimt. Accused of Ungentleman like behaviour, in Boxing with and making use of the most Scurrilous Language to Lieut. Gorges Graham of said Regiment, also for Obstructing the Adjutant in the Execution of his Duty, and threatening him with punishment for having Obeyed the Positive orders of the Commanding Officer, and for Riotous, Unmilitary and Ungentleman like behaviour on the 16th, 17th, 18th & 19th days of November 1782.

The Court after having maturely Considered that part of the Crime which Accuses him of Ungentlemanlike behaviour, "In Boxing with, and making use of the most Scurrilous language to Lieutenant Gorges GRAHAM of the same Regiment" Are of Opinion, that it does not appear from the Evidence produced before them, that the prisoner is Guilty of making use of Scurrilous Language, but they find Him Guilty of Boxing with Lieutenant Graham, being a breach of the 23rd Article of the 15th Section of the Articles of War.

The Court having likewise attentively Considered the Evidence produced in Support of the Crime of having Obstructed the Adjutant in the Execution of his duty, as well as the Defence made to the Charge, it appears to them that this Article is not Sufficiently proved, They therefore Acquit Lieutenant David SMITH of the said Crime.

The Court next Considered the Testimony of the several Evidences on the prosecution of the Prisoner Lieutenant David SMITH, as also, of those he called upon in support of his Defence touching the Charge "Having threatened the Adjutant with punishment for having Obeyed the positive Orders of the Commanding Office," and they find the Prisoner Guilty of this charge, in breach of the 3rd Article of the 20th Section of the Articles of War.

The Court next maturely Considered the Testimony of the several Evidences produced in support of the Charges of "Riotous Unmilitary and ungentlemanlike behaviour on the 16th, 17th, 18th and 19th days of November 1782" as likewise the Prisoner's defence and the Testimony of the Evidences he called upon in his Vindication & it does not appear to the Court from a Review of their Proceedings on those Charges, that the prisoner was Guilty of any of the Crimes of which he is Accused on the 16th & 19th Days of November 1782,

and they do accordingly acquit him of any misbehaviour on either of those days; But the Court find the Prisoner Guilty of Riotous, Unmilitary and Ungentleman like behaviour on the 17th & 18th days of the same Month, Particularly on the 18th in Breach of the 3rd Article of the 20th Section of the Articles of War.

The Court therefore, in Consequence of the said Crimes, in Breach of the 23rd Article of the 15th Section, and of the 3rd Article of the 20th Section of the Articles of War.

Do Sentence the Prisoner Lieutenant David SMITH of the 84th Regiment, to be Discharged His Majesty's Service.

His Excellency the Commander in Chief, Approves of the above Sentence, and Orders it to take place on the same day with the date of this Public Order.

Signed/  R: B: L:   A: Gl.

Great Britain, British Library, Additional Manuscripts, No. 21,744, folios 3-6.

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