Portland gazette and Maine advertiser., 1806-11-03
Defence OF LIEUT.. .NCRAHAM.
a PRIVATE SOLDIER.
Mr.. PRESIDENT, and

TO the frit article Of charge exhibited
againft the Defendant, here, under arreR,
and now on trial, he makes anfwer as
follows TO wit
He admits, that on the fyth day of
May, now lalt pait, he, the Defendant,
had the command of the company men
toned in the iIid complaint, in the alb
fence of the Captain, as Rated il the faid
fra article. The Defendant alto admits,
that Moab Harding, was then and there
a private folder in laid company, as the
complaint aledges. The faid fnSrabam
further admits, tina. on the fame fixth day
of May, and while the faid company were
under arms, and under his command as
aforefaid, he, the Defendant, did take
from faid Harding, his gun, bayonet, and
cartridge box, with his cartridges, and
them detain during the time while faid
company were under arms, as is fur
tner alledged in laid complaint, bat not
during the zvboie day, as the complaint
AYERS. And the faid Tngrabam alto adj
mits, that he did, then and there, place
the faid Moab Harding under a guard Of
three men, and marched him to the head
ofFifh-freet, one of the principal ltreets
in faid town, and him there kept for the
fpace of three or four hours, but not for
a longer time than the faid company
v ere employed in military duty. To
the allegation that this was againt the
will of Noah Harding, the Defendant
thinks It unnecefary to anlwer. But the
faid Izgrabaz, denies that this proceed
Ing on his part, was unmlitary, or unof-
hcer-like conduct, and that it was with
out iuitihabe cauie, and that it was a.
gainf the laws of this Commonwealth
And the faid IHFrabam will only folicit
the attention Of the Court 10 the evil
dence before them for full and complete
ratification Of his conduit. To reca-
pitulate the evidence in his anfwer to the
frft charge, would be altogether unne-
cenary on his part, and milpenie of the
time Of the Court. He fully believed at
the time, and he ftill believes, that the
law not only invefed him with compc-
tent authority to proceed as aforefaid, but
made it his duty 70 to do. And he can
not but feel high degree of confidence,
that tuch will be the opinion ofthe Court.
In anfwer to the iecond article ofcharge,
the Defendant admits, that on the lixth
day of May aforefaid, and while the iaid
company were under arms and under his
command as aforelaid, ne did march his
company 10 the place where Moab Har-
ding was confined as aforeiaid, and when
there, ordered and erected a 4v1o4ea
6orE at the head of Fiih-freet, before
mentioned, and then and there placed
Moab Harding thereon-n0t III TIE mar
ner and farm as the complainant baJ allied
.ged ia The jec9nd article, but in the man
ner and under the circumstances and
provocations which appear from the tef-
simony of the witneles preleut, to brief
fummary Of which, the Defendant prays
the attention of the Court -
1t is fully proved by the tefimony Of
Ebenezer Noye5, OtbaieI Merrill, 9oEab
Garter, Thomas LeaUiJ, DaUia YTlliang5,
Halter Hatch, Jonathan Ll17d, and MI
liam Brook, that Noab Harding, the COM
plainaut, had for feveral months before
the fxth day of May lat, been invent
ing, and preparing himfelf for the execu-
ton of a projects with view to make
his officers the fubjeG of public ridicule
and derihon.-It IS alto evident from the
teitimony Of the fame witnelies, and cor
Toborated by that Of Horatio S0utbgate,
En-. Nathaniel CbaE, and fome other
witnefes,that Harding had the effrontery
publickly to declare his intention for few
feveral weeks at leaf, prior to the lat
May mufer, 70 that the public expe9a-
tion was very ftrongly excited, and peo-
pie of all clafies crowded TO the fcene of
action on that day, to witnefs the mott
fingular conteft that has ever interefted
the citizens of Portland CONTEXT be-
tween Moab Harding on the one part, Il
the commanding officer Of a military
company, cloathed with competent au-
thority, in the exercife of his legal duty,
and in the proper difcharge of his oath Of
office, on the other part. The officer en-
deavoring to fupport his lawful COM
rnand, and the offender fetting aide the
principles of honor and even of decency,
ia bold defiance of every thing valuable in
civilized fociety, and in contempt Of the
laws Of his country.
1t is fully proved by the teffinony Of
Horatio S0afkgafe, Esq. Nathaniel Cbgf,
yaHr Cayaty, Jgjtbb MaxzveA, Otbniei
Merrill, Bbenezer Neyss, Jgfab Garter,
Daniel Hqey, Ejg. and fome others Of the
witneiIes, that puriuant to thefe previous
Threats made az public as pofible, Moab
~. esng, the complainant, did appear on
,arade, on the faia mufeF dav, in 6refs