January 1-December 31, 1781 207

The court being set & Regularly sworn. Captain John Deaver ap-
peared charged first for not repairing to the Alarm Post with his
Company on the 22^d Instant when not only the Alarm was given
but when he was Ordered thereto by M^r Hamilton. Second for being
drunk when on duty — to which charges Captain Deaver pleads not
Guilty. Whereupon John Garner Hambleton being present is now
here sworn — And thereupon deposes and says — that on Sunday the
22^d Instant he repaired to the place of Alarm and discovered the offi-
cers of the different companies of the Baltimore Town Battalion
there Except Captain Deaver upon which he went to Captain Deaver
and askt him why he did not Attend with his Company at the Alarm
post Captain Deaver replied he did not know where the Alarm post
was upon which this deponant told him it was at the Grand or Usual
place of Prerade — he again replied he did not know it upon which
M^r Hamilton told him there was an Order for it — when Captain
Deaver said he had seen none. Upon which this deponent told him he
knew there was one and thought it was in the Orderlly Book — where
he might see it if he woud look. Captain Deaver then said he had
the Order there was no such instructions. Upon which this deponant
told Captain Deaver if he had not known it before he knew it then.
Captain Deaver then said he had drawn his men up at the Guard
House thinking it the most proper place. Captain Deaver then askt
this deponant what was to be done on the Grand prerade and was
told to draw Arms & Amunition for his men — this deponent being
Askt if he heard Colonel Smith Give Orders that in case of Alarm
that the place of prerade above mentioned shoud be the place for the
Officers and men of the Baltimore Town Battalion to Assemble upon
which this deponant says he did hear Colonel Smith give such Or-
ders — the deponent being Askt by Captain Deaver at what time the
Orders was given by Colonel Smith this deponant saith that it was on
the ninth day of this Instant on prerade Captain Deaver was present
on the prerade that Day but does not recollect or know whether
Captain Deaver was present at the time of the Order. Was Captain
Deaver discharged on that day by Colonel Smiths Order — this depo-
nent on the above Question says that when the line was discharged by
Colonel Smith on the 9^th Instant Captain Deaver was not there nor
did not Join it that day to his knowledge — this deponant being askt if
Captain Deaver was the Officer of the Guard on the 22^d instant — says
that Captain Deaver was Ordered on the 20^th Instant to relieve Guard
and that his Company furnisht the Guard until the 22^d Instant this de-
ponant being Askt if Captain Deaver was on the Grand Prerade on
the 22^d Instant with his Company — says not Captain Deaver Con-
fesses that he knew any Orders Given by M^r Hamilton was regular —
this deponant being Askt if Captain Deaver was drunk on the 22^d
when he gave him orders so as to render him incapable of doing
his duty as an Officer — says he thinks he might be something intoxi-

April 24
[Indorsed
" Cashiered
26 Ap^l
1781"]