The recorder. [volume] (Richmond, Va.) 1802-1803, 1803-03-26

II mitigation of damages.
The mott material circumstances
which were. ditcloied on the trial, were
rhc following:
Mr.. Baron had been appointed a
teachcrof the arts and fciences'ro the ar
eilierilfs and engineers, itatioaed al
Wet Poinei iome differences had
iubhfcd Between him and the officers
of the garrifon, and particularly with
lieut.. Robert w. Ofcorn; and from
certain reports in circulation, uu6vor-
able 60 the character of the plaintiff,
ne was induced to call court Of inquiry
mo his conduct which court, after
preceding ieveral days in their exami-
nation Of witnef{es 20 charges preferred
agaInlt the plaintiff, adjourned withoa
permitting him 20 enter into an exani-
nation Of the cxculpatory 9eitimonY
which he offered TO produce that ht
complained of the conduit OF the court
and had Ggnihed his determination TO &C
on TO the war Office for redreis of hi
! grievances, and accordingly had pro
cured boat and made other prepAra
tionS Char previous to iiich an applica
! tiOn being made, lieut. Robert w. OF
born had de[ired the defendant TO max,
an attack on the plaintiff, and 10 bca
him IN iuCh manner as to prevent anc
dcfear the plaintiff from purifying hi
intentions Of proceeding TO the war-of,
fce. In conlequence OF the above d.
rection, the defendant haI once, before
thc time complained of, attempted tc
way lay the plaintiff, but had been dil-
appointed. The iecond time he went Il
the bouie OF Thomas North, Eiq. where
the plaintiff then boarded adjoining he
pubic ground, called for pint of beer
alked the plaintiff TO drink with him
which hs A. frtt flfuied, but when the
defendant obieryed, ''you Won't drink
with ne, bcCauc I'm foldier," the
plaintiff an.wercd, ''no ! ! dom rcfufc on
that account" drank with him, and
made him Prefento OF fix fittings tire
plaintiff turned inro another room to
light fegag where the defendant follow
cd and "irhcur any provocation with a
heavy knorty flick, truck the plaintiff
a vioienr blow on the head, that Brought
him ienieleis on The floor, when MS
blows were repeated on the head and
legs ; Till TWO travellers, ftrangers 10
rhe parties, who wiunelicd the attack, IN
cerfered and Put the defendant our OF
the hOuic. 7 he defendant, tii ribs
Clme, had been upon very good terms
with the plaintiff, and admitted AFTER
his arrelt, that MIR. Baron always uled
bisG ~cil.
ltsutther appeared that lieut.. Ofborn
had prentice TO bear the defendant
hArmiels, if his conduit Mould be invef-
tigarcd by a court martial, at lealt 10 far
as TO ger his crime pardoned, and his
Punhhment rcnitred by favorable ,e-
Proclamation Of his cafe, Indemnify HIM
in the eIpences Of a civil psofccurion,
and make him handfome prefent :or
the pains Of imprisonment; and during
the foor months of hisimpiiionrnen1, he
defendant actually received his pay md
rallons, as folder Of the garrifon.
A warrant had been il1ned to apuc-
hend The defendant at Wet Point, 1ut
his arreit was prevented by faid Dc
born, by whole orders he was put ac,of
the river ard directed 10 proceed With
! all expedition 70 Fort Jay, where he
was arreltcd at the fuit Of the pianiiF.
Shortly after the defendant IN this fuit
had been arreited and committee e
goal, an application, on the aGicayit
Of William P. Van RenGeiaer, lieut..
Of artillery, was made to this cour to
have him discharged from his CONNIE
menr as delerrer, he being fo rcre
&C., IL l.n,,. Il