[Trial of Samuel Ewing] Proceedings of a Brigade General Court Martial, held this 9 day of June 1800 at Camp Allegany, by order of Lieut. Coll. Hamtramck for the trial of such persons as may be brought before them Lieut^t Coll. Strong — Presid^t. Captains Porter ——— Sedgwick } Members { Captains Greaton Lieut. Whipple ——— Shoemaker Lieut. Shiras The Court being sworn, proceeded to the trial of Samuel Ewing, a matrofs of Captain Porters company 1^st Regt. Art^y. & Eng^rs. charged (1^st) with deserting the service of the United States, from Detroit, on the 3 May 1800. (2^dly) for entering the garrison aforesaid, on the evening following, in a hostile manner, with loaded Arms, threatening the life of any person that would attempt to [strikethrough: take] him. (3^dly). For mutinously resisting Lieut. Rand, when in the act of apprehending him; by charging and snaping at him a musket loaded with a slug. The prisoner pleads guilty to the first part of the charge (viz) desertion; but not guilty to the remainder. Lieut. Rand being sworn, says, the prisoner entered the garrison on the 9 May 1800, and went to M^r. Councillan Favron, with a musket, which on examination I found to be loaded; I with a Corp^l. and file of men followed him, entered the room where he was, I asked him what he came over for, he said to see the man of the house; I said do you mean to give yourself up, he answered No; I told him I should take him by force, he replied he would take my life, or that of any other person, who would attempt it; he then charged his musket on me, and declared he intended taking the life of some person — I attempted to secure him, he put his musket against my body and snapped it, it did not go off, but [strikethrough: was] was loaded and primed — at the same time took hold of my collar; I called for the men I had left at the door with Lieut. Schuyler, They entered, he seized Lieut. Schuyler by the neck, and choked him so as to deprive him of speech; I then forced the musket out of his hands and knocked him down, after which took him to the guard house and put him in Irons. — Questions, by the Court. Q — How do you know the musket was loaded. A. — I examined it immediately on apprehending him, and found it charged — Q. — Do you suppose from the period he entered the Garrison untill you apprehended him he had time to load his musket. A. — No. Q. — What time during the day did you apprehend him. A. between sun set and dark. Q. Was there any person in the room, where the prisoner was, when you entered. A. — Yes four or five men who all left the room, when he threatened to take my life — Q. — Who did you give the musket to. A. — Sergt. Hustler Q. — Was it in your posession untill you gave it to Sergt. Hustler. A. Yes Sergt. Thomas Hustler was sworn. — Questions by the Court. — Q. — What do you know relative to the musket the prisoner had A. — I drew the load, which consisted of glazed powder and one slug, waded with paper and grass. Q. — How long after the apprehending of the prisoner did you draw the load. A. — Fifteen minutes. Q. — Did you give the musket to any person after receiving it from Lieut. Rand, untill you drew the load. A. — No. — The Court find the prisoner guilty of the charges exhibited against him, being a breach of the first article of the 6^th Section and of the 5^th article of the 2^d Section of the rules and articles of War — and sentence him to be Shot to death — Two thirds of the Court concurring. Signed John C. Wallace acting J. Advocate