Delaware journal., 1828-03-25

Tim Husbands, private of Captain Kpatrick's
witness in behalf oil TIE defendant, be-
ing sworn, states That he saw the prisoner some
time previous to the Goth September, with paper,
Getting down such mems names as intended going
Ieme that the prisoner did not appear TO be using
mn DeTsuasion, and stated that it was right some
,hould remain at the fort that he would soon have
a larger party than Captain Fitzpatrick; and beteves
that the prisoner did march of with the mutnous
party, on the morning of the 2oth. Al
John johnson, private of Captain Mckay's COM
many, witness in behalf Of the prosecution, being
sworn, states: That while at Fort Jackson, III the
month of August, he heard the prisoner say that
there was no law to compel the men to stay IN ser
vice longer than three months that he was a man
of spirit, and would not stay longer; that consi-
lerable number Of the men would 60 then, q one VINO
would refuse he could bayoneted about SIX an
ehes that they would go up to The 6ig or great man
and shiver Their mnskets over his mead, but not
strike So hard as to Kill hm
The Court adjourned until tomorrow, O'CLOCK
The Court met pursuant to adjournment: Present.
the President and members; and proceeded to the
further examination ui the witnesses.
Edtcard Stephens, jeant oi Captain htlpat-
rck's company. witness III behalf OF the defendant.
being sworn states That he saw the prisoner with
a paper setting down such mems names as were go
ing home and SAID Mat he 1ooufa take doiDa none
OtU SUcn as UfTPCttU HLt ~ 10 oo aHu pi'"'et
marched oil with the mutinous party Oh the Goth
September
James AIernnder Sergeant Major0 awitness in
behalf of the defendant being sworn. states That,
on the 10Th September, he saw the prisoner, when
the provisons were issued believes he received his
proporfionabie part and, on the morning OF the 20h
marched off with the mutin0us party that the prls-
oner told him he did not suppose the list which he
had of men's names, was improper. as 1t was to be
bopdoI +o tho (nlnnel that fP
his gan to Captain Fitzpatrick, and thinks he denae
dedand got receipt ,cich he had giuen for lis g,o,
or the Captain acr0ie one for that purpose.
Ensign Daniel Kelley, witness in behalf of th
defendant, being sworn, states That the prisone
belonged to the same company, and was frequent
near him, during August. and the beginning of Sep
tenber; that he generally behaved himself well, ant
was obetiient to orders
james Smith. private of 1t. Mitchell's detacl
ment, witness in behalf of the defendant, bcln
sworn, states that the prisoner advised him not to
home with the mutinous party and believes wei
himself the Goth September.
.James Nelson, a private of Capt. Mebanes con
pany. witness in behalf Of the defendant. ben
sworn. states That he heard Gen. Uashingto,
of Tennessee, say 10 the members OF q Court Marta
that he did not kno1o Dhether the men aoere ordert
out for tour Of three or sic months; that he ha
wrote to the Governor, but had received no answ,
to his letter on that subject.
The prisoner states. in his defence, that he w
totally unacquainted with the nature Of militia Sc
vice that he had Frequently heard has officers 81
they kaev Of la,c compelling militia to remain
ser9ice longer thma three months; and, from t
opinion of other men of respectability and inform
ton, conceived his term of service had expired
turned has gun TO his Captain, under that mpr'
sion, took up the receipt he had giUen for 0and {
parted from Fort-Jackson, conscious Of hauing d
charged his duty. The Court. after mature con
deration on the evidence adduced, find the prison
guilty as charged, with the exception of yelling a
firing his gun, and saying he would retake thu
who had been taken by Captain Bl ackmore a
sentence him to receive the punishment Of death
shooting.