The Proceedings of a Garrison Court Martial held on Governors Island december 29^th 1798 by order of Major Adam Hoops commandant of the 28^th Inst for the trial of such prisoners as may be brought before it — Present Captain F Frye — President Lieuten^t Mc^clellan 4 } Lieut.^t Levingston — } members Samuel B Malcom acting Judge advocate The Court being duly sworn, proceeded to the trial of James Massey Seargent in the first Regiment of artilleris and Engines, belonging to the company of Captain Frye, charged with 1^st [underline: disobedience of orders], 2^d [underline: disrespect to a commissioned Officer] — The prisoner being arraigned, to these charges, pleads [underline: not Guilty] — First witness in behalf of the prosecution — Captain Henry who being duly sworn Saith, "that on monday the 24^th Inst the prisoner Seargent Massey came to my Room & stated that the Sick Soldiers of my Company, and those of Capt Cochrans were in the Hospital at this Garrison, were in want of Bread and fresh meat, I asked him by whose orders those articles were usually supplied in this Garrison the answer to which as nearly as I can recollect was in the following words Viz Capt Fryes company is supplied, and you must give an order, if you please for what yours want; I accordingly wrote an order on the person who usually supplies fresh Beef, and one also, for the necessary supply of Bread, directed to Mr Smith Contractor — Seargent Massey then said, that as the doctor who superintends the ^Sick Soldiers allows them a quantity of the best Breads in lieu of their ration of that article, that it was generally furnished to Capts Fryes Company by a Baker in newyork, and that he would procure the Bread from that person — he accordingly took the orders for the aforegoing purposes — after some hours had elapsed Seargent Massey came to my Room, and informed me that he could not find the Baker, and of course had returned without the Bread — I observed that the next time you go to Town, you must wait, and bring the Bread, as I understood from him, that the sick were in much want of it — at the same time I also understood, that it was probable he would be sent to Town, in the same Evening — Some few hours subsequent to this conversation Seargent Massey, called upon me and asked if I had any orders, alledging that he was about to go to newyork, in words to the same import — I answered the Sick are in great distress for the Bread and you are not to leave town without it, he intimated that doctor Osborne, was in the City, and said, suppose Sir, I meet doctor osborne on the wharf and he tells me to push off directly? I answered my orders are that you tell him, I have ordered you not to leave Town without the Bread, or the Sick, and he must wait — the Sick must be supplied — after Seargent Massey's return from the City he entered my Room, and in a manner different from the respectful mode ^addrefs observed by non-commissioned officers to their Superiors — he threw on my writing table the order, which I had given him on the Baker, informing me at the same time that he had met doctor Osborne, and had not time to look for the Bread — I replied Sir, dont you know you have on former occasions disobeyed my orders? he replied, I know that Sir, but could not bring the Bread, I rejoined, I see what this leads to, and will put a stop to it. I then turned to Mr Levingston who was present, and ordered him to have the prisoner confined, when Mr Levingston was giving me an answer, he was interrupted by the prisoner in these words, "the Lieutenant need not give himself the trouble I will go to the Guard House — 2^d Charge [underline: disrespect to a Commissioned Officer] Capt Henry in support of this charge proceeded, and saith "that "Some day in the course of the week, I went to visit a prisoner in the Guard-house, when the prisoners then present stood up, and pulled off their Hats except Seargent Massey who sat with his Hat on, during the time I was there — Evidence on the part of the Prisoner— 1^st Witness — Doctor Osborne who being duly sworn, Saith "that on monday I went to Town, and had the promise from Capt^o Frye that the Boat should come for me in the Evening at Seven oclock. In the Evening I went to the dock several times preceding the hour, and found not the Barge; the hour appointed for me to return, I went on board of a Pettyaugre, discerned the Boat coming — So soon as I thought them within hearing I hailed, this I repeated several times, before they answered — they finally came with the Boat to the vessel on board of which I was; I immediately Stept on board the Barge and ordered them to Shove off: Seargent Massey informed me he had orders from Captⁿ Henry to get Bread for the sick in the Hospital I told him, that no man should go on Shore 2^d Witness on the part of the prisoner — Capt^o Frye being duly Sworn, Saith "that on monday Evening the 24^th Inst at about ½ after 6 oclock Seargent Massey came to my Quarters and informed me, that he had just returned from town, I asked him why he was detained so late? he replied that he had been hindered by the Ice — I told him he must immediately go to Town to be there by Seven oclock, for doctor Osborne; Seargent Massey at that time informed me, he could not get the Bread, as the Baker had none upon [ordered in this for [undecipherable] 23 most] Land, I ordered him immediately to go to Town, and if doctor Osborne was at the wharf to return immediately with him, as I wished him to be home, on the account of a man very sick in the Hospital. Question by the Court to Capt^o Frye whether it was not usual for you to send the Seargent or Cockswain of the Boat (when the Boat was going to Town) to officers, for orders they might have there — Answer — Not generally — 2^d Question by the Court to Capt Frye — did Seargent Massey inform you of the orders he received from Capt^t Henry "not to leave town without the Bread for the Sick" and further if he mentioned to you the orders respecting the Doctor? Answer — No: but he told me that Capt Henry had given him orders to go to the Baker, and tell him if he did not supply the Bread, that he should furnish no more for the Garrison. I further told Seargent massey, I was then the commanding officer of the Garrison, and to go immediately to Town to Execute the orders I had Given — 3^d Question by the Court to Capt Frye: did you order Seargent Massey to call upon Capt^o Henry that ^day for orders? Answer — I ordered Seargent Massey about noon to inform Capt Henry, that his Sick in the Hospital were without Provision. That the Boat was then going over and that he might found for provision if he pleased. 4^th Question by the Prisoner — to Lieutenant Mc^cClellan: did you hear me reply to Capt Henry's observation that "I had on former occasions disobeyed his orders in the words of his evidence Viz I know that Sir but could not bring the Bread" Answer: Lieutenant Mc^cClellan being first duly Sworn, "I do not recollect that conversation, as I was not very attentive to what passed between them." The Prisoner's defence — In the afternoon of the 24^th Inst. I met the nurse of the Hospital, she informed me that provisions were wanted for Capt Henry's men. I told her I should inform Capt Frye and receive his orders — Capt Frye gave me some commissions to do in Town, but previous to my going, desired me to call on Capt Henry and tell him provisions were wanted in the Hospital — I received two orders from Capt Henry, one for Bread, the other for Meat — after I had performed the business Capt Frye had sent me on, I went and got the meat, the Bread I could not get as the Baker had none — after my return to the Island, I went to Capt Frye, who gave me orders to go to Town directly for doctor Osborne, and if I should meet him on the dock to return immediately. That there was one of the men very Sick, and he wished me to return as soon as possible; while the Cockswain was getting the Bargemen ready, I went and told Capt Henry, I could get no Bread; he asked the reason, I told him the Baker had none Baked — Capt Henry then asked if I was going to Town — I told him yes, to bring doctor Osborne — Capt Henry told me to inform the Baker, he should furnish no Bread for the Garrison, if he did not Send over Bread by me — if he had none, he should Send out and procure it Somewhere — I replied to Capt Henry I should go for the Bread, unless I did not meet Doctor Osborne on the dock — Capt Henry replied by God osborne [strikethrough: must] might wait, his men should not Suffer in the Garrison — I made no further reply to Capt Henry but went off to Town — before I could get to the dock I was hailed by doctor Osborne — doctor Osborne then got on board; I told him I had then Capt Henry's orders to go for Bread for men Sick in the Hospital — Doctor Osborne then told me a man should not then leave the Boat, he was in a hurry and must immediately go to the Island — thinking it my duty to obey my Superior officers, I complied with his orders and returned to the Island. I went to Captain Henry's Quarters & delivered him the order, I told him the reason, I could not get the Bread was Doctor Osborne ordered me off — Capt Henry replied I generally made a habit of disobeying his orders, I told him I always wished to obey the orders of my Officers — and that circumstanced, as I then was it was impossible for me to obey the orders I had received from him, he then said he would send me to the Guard House and have me tried by a Court Martial, at the same time giving Lieutenant Levingston directions to take me into custody. Lieutenant Livingston was rising from the Table. I told him (Lt L:) it was unnecessary that I would go myself to the Guard house. — As to the Second Charge "that I was not Sensible of having my hat on, when Capt Henry came into the Guard House, as I was reading at the same time — The Court after mature deliberation find the Prisoner Seargent James Massey [underline: Guilty] of the first Charge Viz [underline: disobedience of orders], being a breach of the 6^th art of 2^d Sect & [strikethrough: 4^th] 5^th art of 18^th Sect of the Rules & articles of war — & not Guilty of the Second Charge Viz [underline: disrespect to a Commissioned Officer]. And therefore do sentence him to be reduced to the Rank of a private Sentinel & have his Epaulets cut off from his Shoulders on public parade. The Court then proceeded to the trial of James Mc Kenna a private soldier in Capt Henry's Company in the 2^d Reg^t of Artillerists and Engineers, charged with 1^st [underline: disobedience of orders] 2^d [underline: Neglect of duty] — Specification of the first Charge — Selling Spirituous Liquors in the Garrison of Bedlows Island contrary to Garrison orders — Specification of the Second charge — in selling and disposing of Public Stores intrusted to his Care — The Prisoner being arraigned, to these charges pleads [underline: Guilty] — The Court then adjourned to meet at 10 oclock a^M: on monday the 31^st Instant — on Monday the 31^st Inst the Court met pursuant to adjournment 1^st witness John Ferris, who being duly sworn saith "that about a month ago, I saw the prisoner issuing out Liquor, and after the troops were served, I asked him if he would sell me a Quart of Liquor, which he did, and for which I paid him three Shillings, some time after I got another Quart from him for which also I paid him 3/— on the Same night I got a nother Quart & also paid him 3/— 2^d witness Corporal Daniel Williams being duly sworn saith "that about 6 weeks ago, I bought 6 Quarts of Whiskey from the Prisoner, for which I paid him 18/— at another time I bought 1 Quart, for which I paid him 2/— The court after mature deliberation do Sentence the Prisoner James Mc Kenna to reimburse out of his monthly pay 3 dollars & 62 ½ cents to be put to hard Labor for one month — [strikethrough: undecipherable] chain and a 5½ Inch Shell fastened to his Leg, to be confined in the dungeon during the night for the aforesaid period — The Court adjourned Sine die — Fort Jay Decim.^t 31, 1798 Frad^k Frye Cap^ts President Major Adam Hoops Sam^l B Malcom [undecipherable] [undecipherable] acting J: advocate — [undecipherable] [undecipherable]