568 Letters to the Governor and Council

December 6
[Indorsed
" Ensign
Kerr of
Capt. Win-
chesters
Company
of select
Malitia of
Fred.
County was
tried by
General
Court
Martial
begun and
held at
Fred Town
Dec^r 6^th
1781 whereof
Col^o Benj.
Johnson was
president
and sen-
tenced the
said Ens.
Kerr to be
cashiered
which is
approved
and ordered
to be carried
into exe-
cution."]

A General Court Martial held at frederick Town December 6^th
1781 By order of M. Bayly Commandant of the Guards Whereof
Col^o Benjamin Johnson Was president

L'Hoggy
Captⁿ Ott L^t Nuller

Captⁿ Chaplain L^t Maddin

Captⁿ Winchester L^t Miller
Captⁿ Nicholls L^t Founger
Ensⁿ Jones

William Winchester Judge Advocate

The above Court met at 12 ^oClock and being Sworn in Agreeable
to the Articles of War. The Judge advocate also being Sworn
The Court proceeds to the Tryall of Ensign Kerr of the Guards
Charged with Unofficer like Behaviour while on his Guard.
Henry Shell Sworn on behalf of the State Saith Ensign Kerr
was going into the barracks with a man that Had Cyder to sell, as
he came out again the Wittness askd him What ^oClock it was, he
answered one ^oClock. Ensign Kerr then asked the Wittness if he
was not going to treat him, the Wittness answer'd An officer always
treats a private man Whereupon he drew his Sword and Struck the
Wittness with the Hilt of the Sword on the head (the Wittness being
then on his post) James Mockobay then left his post came to the
Wittness and said he was a Saucy Rascall, Ensign Kerr then ask'd
James Mockabay if he would go into Capt. Whites house and drink
a dram, they both Went into Captⁿ Whites house Stayd some time,
then Came out when Ensign Kerr ordered James Mockabay to his
post
Question by the Court
Was there any conversation between you and Ensign Kerr after
he asked you to treat him and before he Struck you.
Answer. I said an officer always treats a private man.
Question. Was Ensign Kerr drunk.
Answer to the best of my Knowledge I think he was.
Ensign Kerr appears and plead not Guilty
Ensign Kerr alledges in his defence that although he struck Henry
Shill on his post and took James Mockabay of his post He was not
drunk and prays that Captⁿ Nicholls May be sworn on his behalf.
Captⁿ Nicholls is accordingly Sworn
And saith that he was with Ensign Kerr on the Markett ground
near the Barracks about 11 ^oClock yesterday Morning that Ensign
Kerr did not appear to be Drunk at that time.
Adjutant Mim sworn on behalf of the State

L^t Hoggy

Captⁿ Ott

L^t Nuller

Captⁿ Chaplain

L^t Maddin

Captⁿ Winchester

L^t Miller

Captⁿ Nicholls

L^t Founger

Ensⁿ Jones