January 1-December 31, 1781 209

Murdock Kennedy being sworn — And asked by Captain Deaver if
he has attended his Company in the Station of a Lieutenant for some-
time past — says he did — being also asked if he was present at the time
of their drawing rations and whether he Captain Deaver was drunk
or unfit for duty — says he was present and Captain Deaver was not
drunk — this deponant being asked if he see Captain Deaver at any
time during the last tour of duty drunk or unfit for duty says he
did not.
This deponant being Askt if he and Captain Galbraith came into
the Guard House with Captⁿ Deaver during Captain Deavers last
tour of Duty between eight and nine o'Clock at night — says they
did — but does not recollect that they had been drinking together
previous to their coming to the Guard House.
Thomas Constable being sworn deposeth and saith that he mounted
Guard on Sunday the 22^d Instant — that during the time of his Guard
he understood Captain Deaver had Orders to Prerade with his Com-
pany at the Grand Prerade there being an Alarm but Captain Deaver
drew up his Company only at the Guard House door at the same
time saying that as he was on Guard he thought that the most proper
place — and sent out his Corporals with orders to give notice to his
Company then not on duty prerade at that place — this deponant being
askt where he understood the Grand prerade to be says he under-
stood it to be on the hill where the Companys usually prerade — this
deponant further saith that Captain Deaver Examined their Arms
on that day and provided his men with flints. And that he does not
think Captain Deaver was drunk on that day or during.
John McLellan being sworn and Asked by Capt Deaver if at the
time of his relieving Captain Deaver from his Guard he apprehended
he was drunk as to render him unfit for duty says he cannot tell
whether he was so drunk as to render him unfit for duty or not — but
thinks he was intoxicated with liquor.
John Erman being sworn at the request of Captain Deaver and
Deposeth & saith that on Saturday the 21^st Instant he was on Guard
with Captain Deaver — that during that night William Galbraith —
Murdock Kennedy and Captain Deaver came into the Guard House —
that he went with Captain Deaver to see Captain Galbraith safe home.
And that Captain Deaver — Galbraith and Kennedy were all intoxi-
cated with liquor. And that in Case he Captain Deaver had been well
Qualified in every other Respect — he that night from drinking wou'd
have been disqualified from taking any command.
On hearing the Court are Unanimously of opinion that Captain
Deaver is Guilty of a Breach of the 4^th & 5^th Articles of the 13^th Sec-
tion of the Articles of War. And that he be cashiered for it according
to the 5^th Article
Sam Smith Pres^t

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