Portland gazette and Maine advertiser., 1806-11-03

OHOtTl lSlliinOily E1S ucCidTtS Indt
James Plummer was on the fpot, he be-
ing the Corporal ofthe guard-Plummer
has been fully examined, and no part OF
his teftimony corroborates the teftimony
of Gilbert in this particular. Gilbert
declares that Mr.. Dyer & Ezekiel Saw
yer were prefent at the time, but the pro-
fecutor, Harding, (whoie indefatigable in
duffry to procure all pofhble evidence on
this occaGon is not only publicly known,
but mHft, it is believed, be apparent TO
the Court has not feen fit to have tfem
produced-and it is believed that if they
were produced, their teitimony would
not corroborate that tatement. Other
witneiies who have given teffimcry TO
this facf, have not declared that the De-
PENDANT required Harding to .jaHnpOp bis
Knees for the purpoie of begging pardon.
But Daniel, Gilbert, solomon Whitney,
Joihua .Wyman, iiaac Gage, Efq. and
Other witnei1es, declare, that when the
Defendant gave Harding the ftcond ad-
monition, inhead Of proper behaviour
on his part, he was guilty of another grois
and very pointed fniult: making 10 re-
ply, lot drinking from his canteen in
very contemptuous manner. Harding
was then placed on the wooden horie.-l
But II appears from all the teitimcny,
that every thing which could be done
or the part of the Defendant, was at
tempted, but the obninacy Of Noah Har-
ding was not to be fubdued. 1t il evil
dent, that he came there for that pur-
poie, and was fully reiolved upon every
tpecies of provocstion, in order TO be
made public example, with no other
object as the Defendant believes, but To
urge him to fome procedure, which
would give him (Harding) canfe Of ac-
ton, in order that after having publickly
infuted the Defendant in this manner, he
might alto /qneeSe his PURE :!
II IS an allegation in the complaint,
that the fact charged in the fecond arti-
Gle, was done aganit the will of Harding.
The Court are requcfted to recur to the
teftimony of Samuel Mayberry, James
Plummer, Horatio Southgate, Efq. Nath-
aniel Chafc, Etenezer Noyes, Thomas
Davis, Jonathan Lund, Ifaac Gage, Efq.
Joihua Wyman, Daniel Illey, ETC. and
Nahum Hall, by an examination Of which
II feems perfectly evident that Harding
had formed aud executed a deliberate
plan, TO put in practice ferries of info
lence, abufr and derifon, at the expenfe
Of the officers Of the company TO which
he belongs. They prove that his dreis
had been procured and prepared for the
occalion, that he made his threats public.
1t was notorious that awooden horfe was
prepared for the purpoie of puniihment
II neceiiary, which being a fubeet Of
common conversation for feyeral DAYS
previous to the mutter, mutt have been
known to Harding. II is alto apparent
from the fame teitimony, that Harding
made the fhamelefs pretence and thew Of
carrying his arms in good condition, and
pretending, to obey every order, while
ne was conftantly celebrating and exc
cutting fome mean, ny, and infolent i'll
treatment and abufe againft his officers.
II is very apparent that this vas the fin
gle object of his purfuit through the day,
and altho' he was conhantly avowing &
pretending to be in the diicharge of his
duty. he was really meditating & praeti-
cling nothing but the moi grofs & lhame-
vous head could invent, and malignant
heart could execute. 1t is apparent that
his feat on the wooden horfe, 70 TAR from
being againit his will, was the very object
Of his WITHSTAND being mounted as he
deiired, he feltperfe6ly at his eaie-could
attempt 10 canter bis .Reed-drink toafts
to his officer by the name of gingerbread
CaPtain-not only feel mirth himielf, but
excite it in others becaule, TO ule his
own expreflion, he meant TO Be hand
fomely paid for it, and to ufe his own
words, fay, now have got juf what
have been after," and snow III fweat
the damned black ION of bitch" His
iubfequent conduct corroberates this O.
pinion-be faid he fat perfectly at cafe,
becauie he meant to be paid for it, and
qU0uk3 fit there .for.ftiy dollars day, and
he would give the Defendant law enough.
Was any other perfon but Noah Hard
ing the futje6t of theie remarks, the De-
PENDANT could not give credit to this ire
iiRible Inference from the tcitimony.-I
Many, perhaps, may b found wicked E.
nough to lay deliberate plan, and exc
cute it, TO render others the object of RI
dicule and derifon; but it feems to be
rcfervcd for Moab Harding alone, to ex-
poie bimIeIf to public contempt & fcoru,
under the idle hope of bringing others
down to level with himielf.
But in addition to all the foregoing
facts, it is inconteRibly proved thar Noah !
Harding, and Others, probably by the in
ltigation OF Harding, had formed the plan
of a mutiny in the company, but as 70
much of the time of the Court has been
occupied by the preient trial, the Defen- |
dant win only folicit their attentionto the
teitimony Of Ephraim Crofs, every title
Of which, at ieaR, muR be entitled to
credit how much has been forgotten