IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I 11.25 If-iia Ilia ^ m ^ 1^ 2.0 1.8 U ill 1.6 V] <^ /i /a '^ ^^#/ '# C^/^ Photographic Sciences Corporation #^ # 1 <^ '^ N 6^ ^-i. >^ ss- % ^signitie "A SUIVRE", le eymboie V signifie "FIN". Maps, plates, charts, etc.. may be filmed at different reduction ratios. Those too large to be entirely Included in one exposure are filmed beginning in the upper left hand comer, left to right and top to bottom, as many frames as required. The following diagrams illustrate the method: Les cartes, planches, tableaux, etc., peuvent dtre filmte d des taux de rMuction diffirents. Lorsque le document est trop grand pour Atre reproduit en un seul clichA, II est film* A partir de Tangle supArieur gauche, de gauche d droite. et de haut en bas, en prenant le nombre d'Images nAcessaire. Les diagrammes suivants illustrent la mAthode. 1 2 3 1 2 3 4 5 6 ^ N . U T E S M I O F A G O U R T MARTIAL, Affembled und held on board His MAJESTY'S SHIP DIDO, la.Halirax Harbour,,.Nova Scotia, The "aift Day of May, and,|^\% Afdj^ufnment until the 23d Day of'May, 178$ -, IN PURSUANCE Of AN OJlD*fc Ffc^^M HERBERT $AWY»Ek, Efq. I^ear Adtnifal of tha White, and Commander in Chief, &c. &c^ Pated the i6thDay of May inftant^ TO T R Y .ISAAC C O F F IN, Efq. Captain of his Majcfty's Snip the This be, ON A CHARQE EXHIBITED AGAINST HIM B^ Mr. THO. HUCHENSON WYNTER, Matter of the fald Ship, . For falfe Mullers in fcveral Inftances on tKe fai'^ Ship's Books. W J T H T H E MINUTE OF THE BOARD of ADMIRALTY^ A N n |; A P T A I N COFFIN'S MEMORIAL^ , rHEStSTED to THE LORDS OF THE ADMIRALTY, ■4 L O 1^ D O N : .PRINTED' I'M THE YEAR M.DCC.LXXXI^^ i-S*^ I < is Minutes of a Court Martial, 6?(:* PRESENT, CHARLES SANDYS, Efq; fen ior captain of his Majefty's lliips and veffels in Halifax harbour, prcfidentj Captains Sir JAMES BARCLAY, Bart* PAUL MINCHIN, SAMUEL HOOD, EDWARD BULLERi Being all the captains and commanders of his Majefty's Ijhips and veffels in Halifax harbour. TH E prifoner being brought into court at- tended by the provoft martial, and all the witneffes, and every other perfon who thought proper to be prefent, being admitted, the court was fworn agreeably to aft of parliament, the or- der for the court's affembling being firft read, to- gether with a warrant from the prefldent, appoint- ing Mr. John Tyfon to execute the Office of de- puty judge advocate on this occafion, the judge advocate of the fleet and his deputy being abfent* The annexed letter from Mr. Thomas Huchenfon iiitfUf i Wyntcr to Herbert Sawyer, Efqj rear admiral of ^ /^ the white, and commander in chief, &c. &c. &c. / dated the 28th06tober, 1787, per log, and con- taining the charges againft the prifoner, was then read i and all the witneffes being ordered to with- draw, the profecutor wanted to exhibit another A 2 charge c^z/ U t 4 ] charge againd the prifoner, which was refufec! j and the court, being cleared, gave it as their opinion, that na charge wh.itever againft the pri- foner can be received, but fuch as is Itated in the profecutor's ktter to the commander in chief. The court being then opened, Mr. THOMAS RUSSELL, captain'3 clerk of his Majelty's fliip the Thilbe, was fwoin, and examined as foUovTs. Profecutor. — Queftion. In the latter end of 06lober lail, did you not bring me the Thifbe's Monthly Book for Aiiguft and September, 1787, and tell me the captain defired 1 would fign it ? Anfwer. Yes. Q^ What anfwer did I make you ? A. As near as 1 can recoiled I met you com- ing out of the gun-room J you defired I would leave the book upon your bureau, and you Ihould be down prefently. Q^ Was that book figned by captain Coffin ? A. Yes. Q^ Was not John Francis, able feaman, muf- tered on that book, the whole time the book was made for r ' A. Yes. Q^ Do you know if John Francis was oh board the fhip in the months of Auguft and Sept. laft ? A. I believe not. Q^ Was not Chriftopher Carleton and Thomas Carleton rated able feamen in the faine book, and muftered for the whole time they were rated ? A. Yes. C^ On efufecl J IS their the pri- d in the hief. clerk of Iwoin, end of rhifbe's •> 1787, yn in ? 311 com- I would u fhould lofhn ? h, muf- look was Dh board 3t. laft ? Thomas )ok, and ated ? C^ On t 5 ] Q^ On what day were they rated able feamen ? A. Some time in the month of Auguft laft, but I do not recollect the day. Q^ Did you ever fee them on board the fbip. during the time the*Monthly Book was made for ? A. No. CJ^ Were not the names of Guy Carleton and George Carleton borne as captain's fervants on the fame book, and muftered from the day they were entered until the end of September ? A. Yes. Qj^ On what day were they entered ? A. On the day the other were rated able. Qj^ Did you ever fee them on board the fhip any part of the time they were muftered on that book ? A. No. Q. Some time after you had given me that book, did you not aflc me if I had figned it ? A. Yes, I afked you two or three times after I gave it to you, in the courfe of the afternoon. Q^ What anfwer did I make you ? A. You firft told me, you had not looked over it J the laft anfwer you gave me was, that thole Carletons were not on board, and that you would not fign the book. Q^ On the fame day, did not captain Coffin, under the half deck, in your prefencc, afk my reafons for refufing to fign the Monthly Book ? A. He afked you what objections you had to f wning if. Q^ What anfwer did I make him ? A. A fimilar anfwer to what you had made me, but I do not exadlv recoUct^t it. Q^Do [ 6 ] Q^ Do jrou not recoiled the converration that pafled between captain Coffin and me at that time ? A. Captain Coffin * alked you if the Carletona were not on the fpot, the fliip being along- fide the! King's wharf: you anfwered, that the Ihip had been at fea for fome tiine. Some other converfa- tion pafled at the time, which I do not imme- diately recolkfl, but ic ended in captain Coffin's ordering me to make out another Monthly Book. (^ Was not the fhip at fea during the greateft part of Augiift and September laft ? A. She was in the river and gulph of St. Lawrence. i 1 This witnefs was then dire6led to withdraw, and Mr. ROBERT NEWBERRY, furgeon of his Majelly's Ship Thiibc, was CiJled into court and fworn* ProfccLitor.— Q^ In the latter end of October laft, d:d I not, in the Thifbe's gun-room, rcquett you to remark the circumftances which I told you had induced me to r^fufe figning the Monthly Book for Auguft and September laft ? A. Yes, , Q^ WasnotChriftopherCarleton and Thomas Caileton rated able feamcnin the fame Book, and muftcred for the whole time they were rated ? * N. B. This is incontrovertible, and (hews the captain's ideas tbat the form of ordering the young men to appear to a inuHer might be difponfed with upon the notoriety of the faft^ t'lat they were upon the fpot, and might have appeared; but as tlte ohj;>dion was n:ade at a diftant period, and the omiffion fot tl'c pail time could not be rcftified but by a ccrretiion of thd bock — tlic book was Gorrcdled. ^ A. They T s t 7 ] A. They were. Court. — Q;^ How do you know they were muftcrcd? A. I anfwer, confidcring the letters to be a proof. Profccutor— Q^ On what day were they en* tered as able reamen ? A. The 1 9th day of Auguft, pbr log, to the beft of my recolledion. (^ Did you ever fee them on board during thofe months ? A. I never did. Court. — Q;^ Do you know if thofe people were on the fpot ? A. No, I do not know. Profccutor.— Qj^ Were not the names of Guy Carleton and George Carleton borne as captain's fcrvants on the fame book, and muilered from the time they were entered until die end of September? A. They had the letters as the others had, Q^ What day were they entered ? A. The 19th day of Auguft, per log, as well as I can recoiled. Court. — Q^ Do you know that thofe people were never on board at the times you have been on fhore with leave? A» I do not. Q^ Were you ever out of the fliip on leave in thofe two months ? A. 1 believe 1 have frequently. Profcgutor.— Q^ Whether John Francis, able fcanianj T^ If [ 8 1 iVaman, was not muftered on the book for the whole time it was made for? A. He was. Q^ Do you know if John Francis was on board the ihip in the months of Auguft and September laft? , ^. A. I do not know, I never fa'w him. Q^ What time did John Francis return to the Ihip? , . . . A. I do not remember the day, but it was lome time before the {hip came from the wharf in the Jatter end of April, Court.— Qi, Do you know whether the Monthly Books alluded to, we-e fent home figned by the officers ? A. I do not. Prifoner. — Q^^ You fpeak of the mufter letter, what was it? A. The firft letter againft them, to the belt of my recolle6lion, was I, and the letters following to p. This witnefs was now ordered to withdraw, and Mr. THOMAS TWYSDEN, fecond lieu- tenant of his Majelty's fliip Thifbe, was called in and fworn. ?roferutor.r~Q^ In the latter end of Oflobcr laft, did I not, in the Thifbe's gun-room, requcft you to remark the circumftanccs which I told you had induced me to refufe figning the Monthly Book for Auguft and September laft ? A. Yes. • Q^ Was not Chriftopher Carleton and Thomas Carletoq w for the I board tcmber to the as fome f in the lonthly by the r letter, t ! beft of Uowing av^, and nd lieu- as calkd Oaobcr requcft :oId you Vlonthly [ 9 ] Carleton rated able feanncn in the fame book, and muftered for the whole time ihey were rated? A. Yes. Q^ On what day were they rated ? A. On the 19th day of Auguft per log. (i. Did you ever fee them on board the fhip during thofe months ? A. No, Court.— Q. Were you ever out of the (hip in thofc months ? A. I was on fhore occafionally on leave. Q;_Do you know, that, during the time you were On Ihore, thofc people had never been on board ? A. I never heard they had. (^ Might they not have been on board, and you have never heard of it ? A. I Ihould think they might. Profecutor.—Q^Were not the names of Guy Carleton and George Carleton borne as captain's fervants on the fame book, and multeredfrom th« day they were borne until the latter end of Sep- tember ? A. Yes. Qi On what day were they entered ? A. On the 1 9th day of Auguft per log. Q^ Did you ever fee them on board the (hip during thofe months ? A. No. Court. — Q^ Do you know they were not oji board in thole months ? A, I never heard they had been on board. B Pro- [ to ] . Profecutor.— Qj^ Was not John Francis, able feaman, muftered on that book the whole time it was made for ? A. Yes. Q^ Do you know if John Frands was on hoard the fhip in the months of Auguftand September A. I never faw him on board. Court—Q^ Might he not have been on board while you were on fhore on leave, without your knowledge ? , A. I think he might. ^^ Prifoncr. — Q^ You mention the circumftances ' of Thomas and Chriftopher Carleton being muf- tered as Ab. and Guy and George Carleton as captain's fervants, pray do you remember the muf- ter letters ? A. I do. Q^ What were they ? A. The letters on the book were, I, K, L, M, ■ Court. — Q^ Do you know that the Monthly Books for thofe months were fent to the Navy Of- fice figned by the different officers, and whether thofe people had thofe letters that you have before mentioned againft them in the book ? A. 1 really do not know* This evidence was then ordered to withdraw, . and Mr. JOSEPH TURNER, firft lieute- nant of his Majefty's fhip the Thiibe, was cajled-and fworn. • Pro- ncls, able ►le time it on hoard eptcmbcr on board out your imftancea ;ing muf- irleton as the muf- C, L, M, Monthly Sfavy Of- l whether ve before nthdraw, ■ft lieute- libe, was Pro- I " 1 Piofecutdr.— Qi In the latter end of Odober laft, did I not, in the Thifbe's gun-room, rcqueft vou to remark the circumftances which I told you had induced me to rcfufe figning the Monthly Book for Auguft and September laft ? A. Yes. Q. Was not Chriftopher Carleton and Thomas Carleton rated able feamen on the fame book, and muftered for the whole time they were rated ? A. They certainly were, Qj^ What day were they rated as able feamen ? A. The i9th day of Auguft, 1787, per log. Q^ Did you ever fee them on board the Ihip in thofc months ? A. Never. Q^ Were not the names of Guy Carleton and George Carleton borne as captain's fervants on the fame book, and muftered from the day they were entered until the end of September ? A. Yes. Q^ What day were they entered ? A. On the 19th day of Auguft, 1787, per log. Q^ Did you ever fee them on board the ftiip during thofe two months ? A. Never, Q^ Was not John Francis muftered on that book the whole time the book was made for ? A. I obferved that he had eight mufter letters. Qj^Doyou know if John Francis was ever on board in the months of Auguft and September laft ? . A. Never, to the beft of my knowledge j the laft day of July was the laft day I faw him. B 2 Court, [ 12 ] A. 1 believe I was, -ecutor alludes to were never on board durina the times you were on fliore > ^ contar^I"' '"""°^ ^'^' ''"' '^^'^ '''"«^« '"'be rct^: toZii-pS^^''^' ''- '■'' Jo''" Francis P.S"7*~'?^^'^ ^'°" ^"^"^ whether any Monthly .rrgte hl^T°"'''^ °' ^"^"« ^-"^ «Vmbe]^ A. I do not, Thi.. evidence was then ordered to withdraw and Mn WILLIAM DARLEY, lieutenant of marines on board his Majefty's fliip Thif' be, was called into court, and fworn.^ Profecuton-Q, In the latter end of Oftober laft, did I not, in the Thifbe's gun-room rcoueft you to remark the circumftances thatTtoldtu had induced me to refufe figning the Months Book for Auguft and September laft? '"^^^^^^^y A. You did, a Were not Chriftoper Carleton and Thomas Carleton rated able feamen on the fame book Tnd muftered for the whole time they weTe rated ^ A. They were what I underftand to be fo, ' A. To re in the ' the pro*. luring the eve to the n Francis ft day of Monthly jptember ithdraw, untenant ip Thif- ■ rcqueft )ld you, Monthly i^homas )k, and ;d? b. [ «3 1 A. To'the beft of my remembrance, on the 19th day of Auguft, 1787, per log. Q^Did you ever fee them on board the fliip i^ thole months ? A. No. Court. — Q^Might they not have been on bo4r4 and you not have feen them ? A. They might. Q^ Do you know that thej never were on board during times you have been abfent from thfions ? A. Yes. . , O Have vou ever ferved with a captain who ha^efn more careful in his Ihip's accounts than 1 have, particularly in the expence of ftores, and In tranfmitting books and papers, at the proper periods, to the public boards ? A. No. O Do you know that there were any provifions iffueH by the purfer to John Francis while he was abfent, or on his account ? A. No, 1 cannot^ell. (^Previous IX^ al^;"=x^^^^^ theleaft co^nftruaion oYa falfc mufter > ' o Previous to the (hip's failing from England. a-.a^„rgWe«pth^rat.ngofthen.p;s.^^^^^^^ ToSt-at ftS'^plon, except mates an^l anidlhipman ? n n;a l ever givedirecTions to the purfer to Aree firft on the^ or.g.naUnt^y^n 'hj 'h ^ ^e^^i-cStrrnt'of Augu. and September laft. . n Was lohn Francis viftualled from the time he^if^^tte tp in AuguH unt.l »e returned m ^^A When the book was altered he was chequed, and colh^ued fo the whole time he was ab.ent «o,.t nf lord Dorcheftcr s fa- •: 'tt=t?plSr*aK» America, hy order S"& loS: commiffioncr. of the Ad.n,„lty. ^ j^. ^ ^2^ C r •^^^? n a II^M iw, and clerk of ied into and er mmand s, did I to avoid :ht bear i.ngland, company ite every nates and purfer to harge, or fclf, give iftual the fhip, but ;Carleton jguft and 1 the time ^turned in s chequed, s abfent. orchefter's fa- ;ica, by order Qj^Did [ 23 ] C^Did I cvei command, procure, or counfel the maiter to fign any fajfe multer or muftcr book ? J A. Noi not to my knowledge. CX Did I know that the mafter had wrote to the commander in chief for a court martial on mc when I altered the Mufter Book ? A. No. a Was I ever prefent at h^s figning the (hip's books r <^ w r A. Never before Auguft and September laft, , and 1 belfcve but once fince. C^Did I ever hinder the mafter from reading and examining thoroughly all books and papers be- fore he figned them ? A. Never to my knowledge. a Were not all my fervants actually on board when the Ihip left England ? A. Yes. This witnefs was then ordered to withdraw, and ii here ended the evidence n. uehalf of the pri- ;* loner. ^ The prifoner then requeued two letters might be read to the court, one from his excellency lord ^^j^orchellcr, the other from colonel Thomar- Dun- -^^-^ ♦^ das,oneofthecommiffioners fbr American claims^/ti': fA copies ofwhich are here annexed. Thefe beincr ^ read, the pnfoner then produced a written defence^ which he requefted permiffion from the court to read(a copy ofwhich defence is alfo hereunto an- nexed.; Leave being given, he proceeded to read the lame. When this was done, it being late in the afternoon, the prefident adjourned the court until y*"^^ to-morrow morning at ten o'clock. THURSDAY, I I I I. t 24 ] THURSDAY, 2 2d May, 17885 10 oXlock, A.^'^. The court aflembkd according to adjournment. TME court being opened, and all the evidences called over, it was cleared to proceed to the confideration of the evidence given ^;'hen having fat until half paft four o'clock, P. M. and fonne doubts ariling to prevent the court coming to a final decifion on the fentence, they thou-ht it pro- per to adjourn until to-nriorrow morning at lO o'clock, A. M. and the court was adjourned ac- cordingly. ■ FRIDAY, [ ^ ] FRIDAY, 23d Majy 1788, 10 o'clock, A. M. THE court again aflembled according to ad- journment, and being opened, and the evi- dences called, the court was ordered to be cleared, to proceed in the confideration of the evidence given; and at 12 o'clock the court having very maturely and deliberately confidered of the evi- dence in fupport of the charge, as well as on be- half of the prifoner, and what he had to fay in his defence, as alfo his written defence read, and de- livered into court — and the court, being now opened, is of opinion The charge is proved ; but it appears to the court that the prifoner had no intention whatfoever of defrauding his majefty, nor was there any iofs fuftained by his majefty from the faid mufters, which they are clearly of opinion takts off a great part of the crime of a Falfe Mufter, and do therefore adjudge the faid captain Ifaac Coffin to be difmifled the command of his majefty's (hip the Tliifbe. J. TYSON, Peputy Judge Advocate, Copy C ^6 3 H &\ Copy of Mr. Thomas Huchenfon Wynter's J^etter to Rear Admiral Sawyer, Commander in Chief, &c. &c. conrainmg che Charge exhibited figainft the prifoner. Thifbe, alongfide th^ Wharf at Quebec^ 28th Qftober, 1787. SIR, I THIN K it my duty to reprefent to you, a$ commander in chief, the fcveral inftances of falfe mutters in the Monthly Book for Auguft and Sep- tember, 1787, figned by Ifaac Coffin, efq. captain of his majefty's fliip Thilbej and which book was prefented to me by Mr. Thomas Rufiell, his clerk, to be by me figned, purfuant to his diredions, and which 1 lefufed to do for the following reafons,viz. John Francis, Ab. abfent from the fhip for upy wards of two months, during which time he was borne for provifions and wages on the faid book. Secondly, Thomas Carleton, Ab. borne for wages and provifions alfo, whereas no fuch perfon hath ever appeared. Thirdly, Chriftopher Carleton, Ab. borne un- der the like qircumftances. Fourthly, Guy Carleton, captain's fervant. And, fifthly, George Carleton, captain's fervant, both of which are borne for provifions and wages as aforefaid. Thefe inflances T confider as fully juftifying my refufal, as being contrary to thearticlesof war, and thegeneral printed inftrwclions j and for yjhlch falfe mujiers :r's J^etter in Chief, exhibited t Quebecj ;o you, a$ ?s of falfe t: and Sep. q. captain book was his clerk, ilions, and ;afons,viz. jip for iipT. ne he was aid book. borne for ich perfon borne un- •rvant. I'sfcrvant, md wages lifying my Df war, and ^h\ch falfe mujlers t ^7 3 mujltn i have to requeft you will be pleafed to order a court.martial on the faid Ifaac Coffin, efq. I have the honour to remain, SIR, Your moft obedient, And very humble fetvatlt, (Signed) THO. HUCHENSON WYNTER. Mafter of his Majelly's fhip Thilbe. To Herbert Sawyer, Efq* Coram, and Commander in Chiet, &c. &(j. &c. Halifax. Copy of Mr. Stephens's Letter to (japtain Coffin, as Prcfident of a late Court Martial held at Quebec, refpea:ing the fwcaring and examining a profccutor as an evidence. Admiralty-Office, 7th Nov. 1787. SIR, HAVING communicated to my lords commif- fionersof the Admiralty a letter figned bjryou and other members of a court martial affembled on board hismajefty's (hi p the Ptgafus,off Qiiebec, for the trial of the perfon th.^-eiii mentioned, reprefenting thatadoubt had arifen.whecher the prof-cutor could be fworn as a witnefs,and requeding their lordlhips opinion thereupon; 1 am in return commanded to acquaint you, that their lord(hips are clearly of opi- nion, a profecucor may, with great propriety, be examined as an evidence at a court martial. I am, SIR, Your very humble fervant, (Signed) PHILIP STEPHENS. Captain Coffin, Thifbe, Quebec. D i Copjr ;; ;f m ■ t .1 [ 28 ] Copy of Captain Coffin's Letter to the principal Officers and CominilTioners of his Majefty's Nav}^, accompanying the Thifbe's Monthly Books for Auguft and September, 1787. Read to the Court. Thifbc, Quebec, 28th 061. 1787. GENTLEMEN, By the fhip Carleton, of London, Alexander Paterfon, mafter, I have herewith tranfmitted to your office a Monthly Mufter Book for his Ma- jefty's fliip Thifbe, uiider my command, for Au- guft and September,- 1787, together with four re- mittance lifts. I am. Gentlemen, Your moft obedient. Humble fervant, (Signed) ISAAC COFFIN. The principal Officers and Commilfioners of his Ma- jefty's Navy, London. Copy of a Letter from the Navy Office to Captain Coffin. Read to the Court. Navy Office, 22d January, 1788. SIR, ^ / / "WE have received your letter of the- 28th 061. vyith the Mufttr Book therein mentioned, whereon feveral men are not defcribid, which we defire you will caufe to be done in your next Mufter Book. We are, Sec. &:c. rSiane.^^ GEORGE MARSH, Captain Coffin, Thifbe-, Elalifax. • Copy principal Majefty's Monthly ]. Read ,1787. ilexander litted to his Ma- , for Aii- i four re- TIN. Captain 8th Oft. whereon ve defire : Mufter RSH, Copy [ ^9 ] Copy of a Letter from his Excellency Guy Lord Dorchefter to Capt. Coffin. Read in Court. Qijebec, 27th April, 1788. o I R} HEARING that the mafter of his Majefty's frigate under your command, has madeobjeaions to figning the (hip's boi>ks with the names of my fons Thomas and Chriftopher inferted, I am to de- fire they may be (truck off. Had I thought there had been the leaft impropriety in the meafure, I never fhould have a(ked it : on the contrary, have always underftood that it was the conftant pradice of the captains of the Navy, to enroll the names of young gentlemen intended for that fervice, in order to put them forward in their profefTion, at the fame time they were on fhore purfuing the mode of education adapted to the line of life into which they were going to engage. Thomas, the elder of the two, having exprefTed a defire to become a failor, he was fome years ago borne on' the books of s guardlhip, commanded by captain Kinglmill, and continued on the books of the fame, or another guardfhip, till the time of his embarking on board the Thifbe, nor did I ever hear that any objedioa was made thereto. Chnitopher, hearing his bro- ther declare his intentions of going into the Navy, expieffed a delire of doing the fame; was accord' ingly induced to requeil that he might alfo be entered, that, in cafe he perfevcred in that inten-' rion, he might have i\\q fame advantage : nor can 1 allow myfclf to think, in either cafe, I made an improper requclt. I au, with great re^^ard, • Your mod obedienr, •# Humble lroofs that have been adduced, and with pleafivrc commit my fate to their decifrjn. ^^^r^,^^ (Signed) ISAAC COFFIK. . A true Copy. At a Court Martial aflemblcd and held on board his Majefty's Ihip Dido, in Halifax Harbour, Nova Scotia, the 21ft day of May, and b-y adjoura- ment until the ajd day of May, 17^8, PRESENT, CHARLES SANDYS, Efq. Crmor captain of his Majefty's (hips and vefTds in Halifax har- bour. Nova Scotia, prefiderit j Captains Sir JAMES BARCLAY, Bart. PAUL MINCHIN, SAMUEL HOOD, EDWARD BULLER. THE court, in purfuar.ce of an order from Her- bert Sawyer, efq. rear anmiral of the white, com- mander in ehief, &c. dec. &c. dated i6th day of May, 1788, and direfted to Charles Sandys, efq. ienior captain of his Majtfty's (hips and veffth in Halifax harbour, proceeded to try Ifaac Coffin, efq. captain of his Majefty's (hip the Thifbe, on a charge exhibited againll him by Mr. Thomas Huchenfon Wynter, matter of the faid (hip, for falfe mufters in feverjil inftancesj and, having heard the evidence in fupport of the charge, as well as on behalf of the prifoner, and what he had to fay in his defence, as alfo his written defence delivered into court, and having very maturely and deliberately confidered the fame, are of opinion The charge is proved : but it appears to the court, that [ 35 1 that the prifoner had no intention whatfoever of defrauding his Majefty, nor was there any lofs fuftaincd by his Ma)e*lj from the faid Mutters, which they are clearly of opinion takes off a great part of the crime of a Falfe Mufter : and therefore the court do adjudge him the faid Ifaac Coffin to be difmiflcd from the command of his Majefty's (hip Thilbe J and he is hereby difmiffed from the com- mand of the faid (hip accordingly. Given on board his Majefty's (hip Dido, Halifax harbour. Nova Scotia, the ajd May, 1788. (Signed) CHARLES SANDYS. JAMES BARCLAY, P. MINCHIN, SAMUEL HOOD, EDWARD BUJ-LER. JOHN TYSON, Deputy Judge Advocate. A true Copy. PHIL. STEPHENS. Ez M* [ 36 ] •■»«i^ if ■% July 2, 1788. READ a letter from rear admiral Sawyer, com^ mander in chief of his Majefty*s fhips in North America, dated at Halifax the 23d May laft, inclofing the ientence of a court martial held on board his Majelty's lliip the Dido, the 21ft day of that month, for the trial cf Ifaac Coffin, efq. captain of his Majefty's fhip Thifbe, upon a charge for falfe mufters, of which the following is a tranfcript. The court, in purfuance of an order from Herbert Sawyer, efq. rear admiral of the white, commander in chief, &c. &c. dated i6th day of May, 1788, and direfted to Charles Sandys, Efq, ^nior captain of his Majefty's Ihips and vcflels in Halifax harbour, proceeded to try Ifaac Coffin, elq. captain of his Majefty's fhip the Thifbe, on a charge exhibited againft him by Mr. Thomas Huchenfon Wynter, mafter of the faid fhip, for falfe mufters, in feveral inftancesi and havino- heard the evidence in fupport of the charge, as weH as on behalf of the prifoner, and what he had to lay in his dcfenice, as alfo his written defence de- livered into court i and having very maturely and deliberately confidered the fame, are of opinion the charge is proved ; but it appears to the court, that the prifoner had no intention whatfoever of defrauding his Majeftyj nor was there any lofs fuftained by his Majefty from the faid mufters, which, they are. clearly of opinion, takes off a great part of the crime of a falfe Mufter; and, therefore, the court do adjudge him, the faid Ifaac ■ •"»«H for C 37 3 miffcd Vom "he^Im^!'/"r ^^ '» hereby dif- cordingly! "^"""""nd of the faid Jhip ac- .1.ftarcic^"^f';rj"a?;icler7°"' "ft"' " "'«' an aft of rhe«d g/o „ "/f' '^'*^bli(hed by 'wry officer or oth^r LT"^'>"l«'"'"g. ">" ftall knowing^ m ke L r. '" .'"','. ''*"• "^o Mufter Book, c- who (ifn ^"' " '^'J'*^ '^"t" "^ procure the making r "^""^mand. counfel, or ihall aidoraS^^ranfXr^"'?" •"''''°'"' °' "^o Cgnino. thereof Hi P"*"" '" '^e making or fence °bdng made 1"^ ^"'°^ °^ ""^ '""^h of. calhiered and 4nl j • * "^o"" """'^l, be ployment in huK '""P'''".' ?^ f"«her'em- opinion. that fhe SV vu'"' '^'^i"' "'^ of Coffin /««/p',w ,h!V ''i"i ^g"'"'! captain mitigate or varv ^V n T" ''"'' "° ^""-ority to article ofZ,r7o^;r!Z!'"'Tn°^"^ ^^ ">e him to be «£ed . nH ' '"^ '''Tr°''^ ^onHd-r ^"^cherempioySn^h^M-ttn^ffic^f, Refolved, The / t 35 J . The Right Honourable the Lords Com- miffioners for executing the Office ot Lord High Admiral of Great Britain. The memorial of Ifaac Coffin, late Cap* tainofhisMajefty'sfhipThiibe Shrwethj T H AT your memorialift was, in purfuance ot ^ r^fherhen Sawver, Efqi rear admiral ot xhVlr "c &c daT/d Che ?6th day of Ma>. 9« n Ha ifax Harbour, Nova Scotia, tried 1788, in Halitax n . ^^^-^^^^ ft hL' by Mr^T irHoct n?on Wynter, mafter r.^1 r,\] (TiiD for feveral inftances of falfe ^^:Lt tlll'Monthly Books for Auguft and muixcr^ fityned bv your memonahlt. ''PtS. o rt'Xr toi^g from the ..ft to ,J,,d of the fame month of May, and having ^Tardfhe vfdence in fuppon of the charge as H\o?;^nfdl:!i;«ct-:::"n.e„.^^^^^^^ nocent as .0 any wtong, Jy "^icU *e publt c ^_^^^^ .^ ''«''!=''■'':: ra^oIaLsfoon'arU Us quclUoncd; an aft nutation ; an att, correcxcu «» ^ . ^ j„ .^]^^^ he conceiv- m^ lorn- :e of in. Cap* nee of iral of May, , tried igainft mafter f falfe ift and lift. 2ift to having rge, as 'hat he ten de~ g very i fame, , but it lad no * c lured in- fer a lofb ; minal im- ;d; an aft le conceiv- -Vide evi* IS made to [ 39 ] intention whatever of defrauding his majefty, and there was no Icfs fuftained by his niajefty from the faid Mufters, which they were clearJy of opinion took off a great fart of the crime of a falfc Mui- terj and the court did therefore adjudge your memorialift ro be difmiffed from the command of his majefty's fliip Thifbe, and he was thereupon difmilTed from the command of the faid Ihip accordingly. ^ ^ That your memorialift fome time afccr his ar- rival in England in June laft, to his great fur- prize and regret was informed, that the Lords of the Admiralty, notwithltanding the above-men- tioned fentence had been pafTed by the court martial, had refolved, that for the faid offence, your memorialift's name fbould be (truck off the lift of poft-captains of his Majefty's Navy j which refolution againftyour memorialift implies, as he conceiv^es, a difqualification from ever again ferv- ing in his Majefty's Navy. Of fuch nt^ judg- V ment having ever been given by the Lords of the / Admiralty, in corredion of the judgment of a court martial, your mem.orialift is advifcd there is no inftance ; nor can any analogous inftance be found in the proceedings of any other fuperior court in the kingdom, which often reverfe the erroneous judgments of inferior courts, but never pronounce nr.v ones j that your memoriairt con- ceives it would be extremely hard, that without hearing vour memorialift, ihe Lords of the Admi- ralty ftinuld add to his })uniftiment, in a cafe where they have no power lo alter iht fentence in his favour, and before your memorialift has had an opportunity of fubmitring to them any circum- ftanccs intention I .11 [ 40 ] fiances in his own favour — for fuch he conceives' to exift. That the refolution againft your mennorialift he humbly hopes may and ought to be refcind- ed/becaufe there is a material and obvious dif- ference between an order ilTuing from your lord- fhips on your own perfuafion of the unfitnefs of aperfon to ferve in the navy; and an order you may ground on conftrudlion of the proceedings of a court martial— in the one cafe your con- viftion decides the fad:, and in the other you render to the court martial an aft the court has not done, nor had in contemplation to do; and this, a fhort review of the cafe of your me- morialift, will make evident, Fot the fentence of the court martial exprefsly declares your memorial ill free of all criminal in^ tention^ anc' the i^uhWcfervice not damnified by any ofhisaftsj but, that the charge fixing u^/on him the imputation of making falfe Mufters is proved, and therefore he is adjudged to be difmified the command of his majefty*s frigate. Your me- morialift complains of the feverity and injuftice of this fentence, ift. Becaufe the court had no authority to in-- Bift fuch punilhment. ad. Becaufe the fentence ought to have de* clared what the fafl is, A full and explicit acquittal of your memorialill having adted in breach of the 3 ifl article of the Articles of War, otherwife the court could not have difpenfed with carrying the law on that article into execution. 3d. Becaufe t 4t 3 -de^^counfeilcd or pJuLT'olfrr^J^^: witltCcT^^f !''f ''"'^ -' knowingly, or p.epararion, or ufin^ any fnecw^ of i-..fl ^ e ve it effpr^>^ k« • 7 t'f^^^^ ^^ influence to ideas '^ '° '°"^°™ ^° the Matter's *a.^ to oblige a nobleman by any a"t of or. "^-"f >n his power, for favours he had recel/n^ i u^ circumftanee of his cook lent m ZT ' ^^^ ''"= not being on boardTs°e^' "i d''bV th^cfZi? ^h.ch he proi,ofcd to bear the Carletons on his [ 42 ] fiiip, arc explained by a letter from Lord Dor- d\':'3iQr— infant your memoriullft had not any de- fign to return a falfe mufter, and in Truths as ap- pears by the evidence of the prolecutor, he nez'er did return a falfe mufter. Vor.r memorialift moll humbly entreats your Lordlliips to take his cale into your ferious con- rideration,and to reftore your memorialift to his former rank in the Navy, and your memorialift, as •n ducy bound, lliall everpjay, &:c. &c. &c. '^'«^'iSx\AC COFFINv F I N I S,