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1 2 3

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 <

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/

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.

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 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

[ 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

for the

I board
tcmber

to the

as fome

f in the

lonthly
by the

r letter,

! 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 th<j
ihip?

A. No, not of my own knowledge,

Profecutor. — rQ^ 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 entcre(^ until the end of Sep-
tember ?

A. They were.

Qj^ On what day were they entered ?
A. The fame date, as well as I can remember,
as the others. r

Q^ Did you ever fee them on board the Ihip
during thofe months ?
A. No.

Q^Was not John Francis, able feaman, muf^
tered on chat book the whole time the books were
made for ?

A. He was what I underftand to be fo.

Q^ Do you know if John Francis was on board
the fliip in the months of Auguft and September
laft?

A. From the fecond day of Auguft I think he

I I

C H 3

was not; becaufe, if I miftake not, we went down
the river at that time, and left him behind, to the
beft of my knowledge.

Court.— Q^ Were you at any time abfent from
the fhip between the 2d day of Auguft and the laft
of September?

A. 1 believe I might have been.

Ci. Are you fure the Ihip was abfent from Que-
bec during thofe two months f

A. I did not remark the period of her return to.
Quebec.

Q^ You fay that you have been on fhore fre-
quently in thofe months, might not John Francis
have been on board in that time ?

A. If during the period mentioned the Ihip was
at Qiiebec, there is a pofTibiUty that he might.

This witnefs was alfo ordered to withdraw, and
Mr. WILLIAM MOORE, purfer of his
Majefty's fhip the Thifbe, was called into
court and fworn,

Profccutor.— Q^ Did you not, on the ^^th day
of Odober, 1787, per log, go with the captain's
clerk about 8 o'clock in the morning with the
Monthly Book for Auguft and September to cap-
tain Coffin's lodgings to have it altered?

A. I do not remember ever going with the cap-
tain's clerk and the Monthly Book to captain Cof*
fin's lodgings.

Q:^ Were the Monthly Books for Auguft and
September ever altered ?
• A. I believe they were altered,

q. Did

■n

/:..

7ent down
nd, to the

ifent from
id the laft

om Que-
retiirn ta

here fre-
1 Francis

'fhip was
nnight.

raw, and
er of his
Ued into

^5th day
captain's
with the
r to cap-

the cap-
ain Cof'p

guft and

t «5 1

Q^Did you fign thofe books after they were
altered?
^A. Yes.

Q. Were Thomas and Chriftophcr Carleton,
ableTeamen, on thofe books you figned?
A. No. • '

Q^ Were Guy or George Carleton, fcrvants ?
A. No, to the beft of my recollcdion they were
not.

Q^ Were the mufter letters taken off from John
Francis in that book you figncd ?

A. He was not muftcred in thofe Monthly
Books.

Court.— Q;^ You have heard the charge?
A. Yes.

Q^ Are the Monthly Books for Auguft and
September laft gone to the Navy Office?
A. I believe Ihey are.

Q^ Were thofe Monthly Books figned by the
captain and officers ?

A. Yes. ^

Q^ Were thofe people, alluded to in the charge /
by the profecutor, chequed or muftered in the L
Monthly Books for Auguft and September laft ? f

A. John Francis was chequed abfcnt with leave,- I
and none of them were muftei-ed as reprefentcd in/
the charge.

Here this witnefs was ordered to withdraw, and
Mr. THOMAS RUSSELL, capuin's clerk
of the Thiftae, was again called by ojder of
the courts and examined as fioUows :

Court.

■^

Jz.

[ »6 ]

Court.— Q. Have you heard the charge ?
A. Yes.

Q^ Are the Monthly Bocks for the months of

AuguftandSeptemberlaftjgonetotheNavyOffice,
figned by the captain and officers ?
A. Yes.

Qi. Were the people, alluded to in the charge
by the pro»ecutor, chequed or muftered in the
Monthly Book for Auguft and September laft ?

A. John Francis was chequed, Thomas and
Chriftopher Carleton were erafcd from their quali-
fications as able feamen, and remained with the
rating of fcrvants as they were before, and George
and Guy Carleton were not on the books that were
fent homc»

. Here the proiecutor propofed aiking the witnefs
a further queftionj when the court was cleared
to confult on the propriety of his examining
the witnefs a fecond time, when he had before
declared he had no furcher queftions to afk
him, and agree, if the prifoner has no objec-
tions they will admit of it.

Court opened,

Profecutor.— .Q^ Was that the fame book that
I figned, that you brought to me at firft ?

A. It was, except with the difference of the al-
terations which 1 have already related.

Prifoner.—Q^ Were not thofe alterations made
the inftant the mafter pointed out the errors that
fubfifted in the book, by my command ?

A, As foon as Mr. Wynter ftated hisobjeftions,
you ordered me to make the alterations immediately,

and

■M*

onths of
70ffice,

J charge
I in the
•laft?
nas and
irquali-
^ith the
George
lat were

:witnefs
cleared
imining
i before
to afk
► objec-

ok that
the al-

ls made
)rs that

C «7 ]

and I made them the fame afternoon, or the next

morning.

Q^ Did I not exprefs my furprize that my cook
Francis ilood open on the books for his provi-
fions, and ordered you to cheque him abfent with
my leave ?

A. When I acquainted you that Mr. Wynter
objefted to John Francis as well as the other per-
fons, you ordered me to cheque him immediately
for the whole time he was abfent.

Here the evidence for the profecution clofed,
and, at the requeft of the prifoner, a letter was
read from Mr. Stephens, fecreiary to the Admi-
ralty, direded to him, as late prefident of a court
martial held at Quebec, rcfpecting the fv/earing
the profecutor as an evidence, a copy of which yC^*^'
lettei is here alfo annexed. /

The prifoner was now put upon his defence,
but, before any witnefles were fworn, he alked
leave to put the following quedion to the court :
Whether the court think it neceflfary the mailer
fliould call upon me to produce the books of hia
Majefty's fhip Thifbe, to fubftanciace the charge
he has brought againft me ?

The court was here cleared, and were of opinion
that there was no neceflity for the mailer to call
for the books of his Majefty's Ihip Thifbe, but
that the court wifli to have them produced for
their infpeftion. Here the books were produced,
and were examined by the court. — The court then
being opened, a letter from the pnfoner to the
Navy Office, accompa^ingtheTh.i'bvi's Monthly

G Books

-A^

<J2,

111

<'U^X^

^-y^'

[ i8 ]

Bcoks for i.ugua and September, 1787, was
ptCKluced and re-ad, and a letter from the com-
inifTioners of the Navy ,n aniwer thereto was alfo
read acquainting him they had received the faid
books; copies of which letters are hereunto an-

!l?iccr7T r''^ ^""'"'^ ^''^" ""^'^^''^^^ ^'' THOMAS
KU.^bli.LL, captain's clerk of the Thi/be, to be
caJ.ed ihto court, -and examined, as follows:

Court.—Q^ A'-e thefe books of your keeping ?
**• 1 es«

Q, Are the Monthly Books for the months of
A uguft and September, 1787, a true copy of the
Multer Book here produced ?

A. The Mufter Book here produced fhews the
exadftate of the Monthly Books for Auguft and
September, to the bed of my knowledge, except
any errors may have arifen in copyingr ^

This evidence was then ordered to withdraw

WYNfER, mafter of his Majefty's n^ip
Thilbe was called into court, and fworn to
give evidence on behalf of the prifoner^ when
the following queftions were put bv the

Priloner.-.(^ Did 1 perfonally command you
to iign the Multer Book ? ^

A. No, it was brought to me by your clerk.

Q^ Did I ever command, counfel, or procure
you to make or %n the muflers fpecified^n voir
charges or any ether papers whaUbever P ^

A. No, they were always fcnt by the clerk.

Q: Did I ever aid or abet vou in figning any
multer or mufter books ? ' *" ^ ^

A. No.

Q:. When-

.1 \

8;, was
he corn-
was alfo
the faid
unto an-
lOMAS
e, to be
3ws:

eeping ?

onths of
y of the

lews the

?iift and

except

thdraw,
r^SON

y's iiiip

worn to
r-, when
the
ind you

clerk.

procure
in your

lerk.
ng any

When-

[ 19 3

Whenever any books or papers were prefent-
ed TS you to be figned, did I ever hmder you
from reading and examining them thoroughly ?

A. No. . .

n. What reafon did you give me for not fign-
Inff the Mutter Book in quellion ?

i Thomas and Chrillopher Carleton's be.n^
ratVd able feamen, Guy and George C^.rleton s
bdng rated captain's fcrvants, and John Kanci.
being mullered on the books. ' , ,

O Did 1 not immediately order another book

to be made out as ibon as you had ftated your

objecTimis to the errors the former one contained ?

A Yes.

(^ Did you not fign that book after it was

made out ?
A- Yes.
Q^ Was not that the Monthly Book for Augult

and September, 1787?
A Yes.

o' Was not John Francis chequed for the
«,hofe time he was abfent as foon as you had m;ul.^
Uo:Z^'Lz he was muftered for his pro v >fions ?

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<i

[ 50 ]

a Previous to the (hip's failing from England
rf.d I not g,ve up tl,e rating of The (hip'sTom-

«cl chd I not rate every body agreeable to von;
oj)in,on, but mates and midftipman ? ^

A. No, 1 never was afked my opinion

a ered d,d you ever acquaint me of your inten-
Hon to write to the commrnder in chief for a
court martial on me ?
A. No.

the'^dmirtr "''°"^'' "^' "•-«"!' /"-^ letter to
A. No.

Here the court was cleared to conf.der the
propriety of a queftion intended to be put
by tl,e pr.foner to the profecutor, which thev
th.nk madmimble. The court beinfa.aln
opened, Mr Wynter was ordered to^ with!
draw, and Mr. WILLIAM MOORE

Til H 5 'V' ^•''J^'^y'^ "'iP "«= Thifbe. was
called by the prifoner and fworn.

Prifoner.-Q^ Have I not frequently fi^nified
to you that I ftould always avoidliy thin^the

o"}'r fan- tatr'' '^" '^^ leaft^onft-ruaio:
A. Yfs, you have frequently faid fo.

v;^ 1^'.'' y^" 5^^^ receive an order from me to
viaual the perfons mentioned in the cha o^^ n
Augull and September Jaft ? ^ '"

A. No*.

prt of the 'ca^ tfins alld officSrp'ar ^'^ '^' "'^" ^""^^

ngland,
s coin-
officers,
to your

on was
r inten-
;f for a

stter to

ler the
be put
:h they
: again
with-
ORE,
t, was

jnified
in the
udlion

me to
'gt^ in

jcing a

,Did

[ 21 ]

Q, Did you not, on all other occafions rccnv^ ^
note from my clerk in my name to v.^YaT " ,
perfon as foon as he was cnrered acrreeable to r iV^
printed inftruttions ? -^o^^^caDit to the

A. 1 always either received a note or a verbal
nidiage, but generally a not. to v.dual them

Q^ Did you ever i/Ibe provifions for the perfons
iTieiiiM.ncvl in the charc^c^ I'ltperions

A. No. "" '

a Did lever Hgnify to you that vonrfelfnr anv

Qi Were not all rnvfcrvants <7„^1I,.„ i
when the Ihip left England ? • ^"'"^

A. les.

pre^en.dtoh™,.foo„..{;:^.::;^,trn':ore^

Q:, Was not the Monthly Bool- fnr a n. ,
September, .;87. %ned by^hfI^'a^;Z^lt
day, or the day after that he had obZfllri ,
one prefcnred by my clerk ? "' '^ '° '''=

nof .cot'reUa";;: '"^ '^^ °'' ^''^ --• "« ^^^

book^^dpape^tsatth^pX^^iL^ot^ibri
A. No, I never knew a captain more particul :

Tll;i

[ 22 ]

This witnefs was now ordered to withdraw, and

^ MrrTHOMAS RUSSEL, captain's clerk of

h^sMaielty's fhip Thifbe, again called into

court tigivc evidence for the prifoner, and

iworn.

Prifoner -CL On my fird taking the command

-;?hC n-^rn>^;"=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^

•^^^? n

II^M

iw, and
clerk of
ied into
and

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

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

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

;;

■

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 l<?rvanl|
^ (Siiincd) DORCHESrER;

Captain CoFrix. ^^^,y.

[ 3° 1

Copy of a Iietter from Colonel Thomas burtda?,
to Captain Coffin. Read in Court.

Montreal, 2ifl: April, 1788*
SIR,
YOUR Cook Francois left this place for
Quebec yefterday morning, where I hope he will
arrive in full time to go to Tea with you. Mr.
Pembcrton and I join in giving you many thanks
for the loan of him. From the particular nature
of our prefent employment, moving frequently
from place to place, we could have found no per-
ibn who would have anfwered our purpofe fo well,
and, indeed, at the moment you lent him to us,
we were in diftreis for fuch a fervant.

It is with furprize we learnt that this ad of
friendlhip to us had been made a matter of com-
plaint againft you. Should you think it neceffary,
you are at full liberty to produce this letter at
your court martial, as it may ferve to fhew this
aft of yours, which proceeded from friendfhip
and attention, in its true light. I am.

Sir,
Your moft obedient,
Humble fervant,

THOMAS DUNDAS.

Captain Coffin.

The following is a Copy of Captain Coffin's written
Defence, which he read and delivered into Court.

' Mr. Prefident, and Gentlemen of the Court,

THE mafter of his Majefty's fhip Thifbe has
cliarged me with a crime highly difhonouraWle in
ixs nature, andof a very evil tendency to the king's
fervici;. I l.ave ferved in the Royal Na^ fixteen

. years.

'fl

[ 3' 1
years, fix of which as poft captain, and, durin

iod

fuch

ever contaminated
character. I Ihall not take up much of your at-
tention, by dwelling particularly on any part of the
cvjdencewhich my accufer has brought againfl; me,
fatisfted you are already clearly convinced, that
this perfon, inftead of poffefling that laudable zeal
for his majcfty's fervice that (hould aftuate every
good officer, has been led to exhibk thefe charge's
againft me from malicious and vindidiivc motives,
as will plainly appear from my having always fliewn
my abhorrence of doing any thing that could be
xonftrued a falfc muller, and my altering the book
immediately agreeable to his objeftions j and
that, notwithftanding-my compliance, he did, on
the fame day, write to the commander in chief
for a court martial, without giving me the leaft
intimation of his intentions.

TheThifbe's books, being now before the court,
fhew the exa6l ftate of ihe Monthly Book that was
tranfmitted to the Navy Office for Auguft and
September laft. The Navy Board's letter proves
^he receipt of that book, and I hope the court will
coincide with my opinion, that, when any of the
figning officers acquaint a captain with errors exift-
ing in the accounts committed to their infpediion,
arid the captain alters immediately tliofe errors
agreeable t© fuch objedions, and the rules of the
fervice, there can be no caufe of complaint. I
profefs mylelf to afpire to, and have the ambition
to be thought a zealous officer, and have always
endeavoured to merit that confidence my fovereign
has placed in me, by honouring me with the com-
m^d of one of his majefty's frigates, without hav-
ing the mod diftant idea of committing a dilho-
nourable a^ion -, and it pains fne to be conftrained

; ^4 ;

[ 32 ]

to obferve, that fr6m a

lins

which

mifunderftandi
cers (except the purftr)

,.„^ „ between my offi

and myfelf, I conceive this charge nas laKcn us
rife and been profecuted. The intent and mean-
incr of a falfe mufter is, whenever an officer flgns
a Mufter Book which he knows to be falfe, and
permits it to be forwarded to the Navy Board -^
this, I prefume, is the true interpretation of a
FalfeMufter. Toguardasmuchaspoflibleagainft
inaccuracy, the inftruftions have very wifely di-
reaed, that there fhall be feveral figning officers
to a mufter book. Had I, tlirough overfight or
inadvertency, figned a mufter that was not correft,
and the mafter h.ad afterwards figncd the fame
book, knowing of an error, his would have been
a falfe figning, mine would not ; he fhould, as
he did upon this occafion, inform me of the error,
and I was bound, as I did, to correft it.
, I never begged, perfuaded, or threatened my ac-
Cufer, to induce him to fign the book in queftion ;
no adv,rntage could poffibly accrue to me from its
b'-ing figned: I therefore reft fully afiTured the
court will view this charge in its true light, vin-
diaive and malevolent, and not an ad becoming
the charader of an officer ftiewing a true ipiric for
his majefty^s fervice. " I may, with great propne^"
"'r myfelf in not having fent this book, nor
you can take cognizance of the charge wi
uu. uhat proof being before you'l but, having
neither fraud nor deceit in my mind, I am under
no concern to acknowledge, that the error might
have continued in the ttatc fet forth, had not the
mafter very properly pointed it out.

If a captain is to be accufed and brought before
a court for fuch a charge as the prefenr, very preca-
rious

hismaje
/juftifyn
j I fure y<
I out tha

i-iety,^
)r am j
with- j

[ 33 ]

rious, indeed, is every captain's fituatlon In the
king's fervice, for I holci it not impolTible that an
error may cretp into a miu'ler book; for inftance,
a wrong mufter letter. This may happen to the
mod ca\itious, but he might himielf, ncverthelefs,
be under the difagreeablc neceflity of anfweringfor
his conduct at a Court Martial for a trifling inac-
curacy, falliioned into a crime by a bad man for
theworft ofpurpofes. The a6l itfelf, in the eye of
the law, is elfential to conftitute the crime; if fo
I think ic neccflary to produce a mufter book fo
completed and publifhed.

I truft, theexpofition of this charge is fufficiently
ilrong to prove, tuat the accufation againil me ori-
ginated, not in truch for the fake of juftice^ but in
malice for the fake of perfecution. I hope, there-
fore, you will confider it as malicious, frivolous,
and ill founded, tending materially to injure the
king's fervice, by throwing impediments in the way
of a captain in the execution of his duty^ and had
it not been for the great, difcernment of my Com-
mander in Chief, I might have been a prifoner in
my cabin for the fpace of fix months, fubjeft to
every fpecies of infult.

You muft naturally conclude, that my reputation
is dearer to me than my life j therefore, ifyou think
the charge has not been proved, I hope to be ho-
nourably acquitted J if ic has, and you believe I
have wilfully deviate'^ from the line of duty pre-
fcribed me by the articles of war and printecl in-
ftruftions, I ought to fufFer the fev^eft fentence a
court can beftow.

I rely, with firmnefs, on the well-known inte-
grity, candour, and honour, of a Britifh Naval
Court Martial, knowing it muft judge of the pu-

p rit'y

t4\

I 34 3

rity of my intentions by the r>roofs 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.

[ 36 ]

•■»«i^

■%

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-:::"<l:!

fence deUv"ed into court; and havmg very
maturely and deliberately confidered the fame.
«ere of opinion the charge was proved but 1^
TpTearing to the court that the pnloner had ;««

. He i=aeclared innocent as to >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-

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

.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,