(Court Martial of Capt. John F.D. Smyth, Queens Rangers, 4 to 8 May 1779.

Courtesy of
Todd W. Braisted, http://www.royalprovincial.com/)

At a General Court Martial held at Jamaica on Long Island in the Province of
New York, on Tuesday the 4
th
day of May, and continued by Adjournment to Saturday
the 8
th
day of May 1779, by virtue of a Warrant, bearing date the 3
rd
day of May 1779
from His Excellency Sir Henry Clinton, Knight of the most honorable order of the Bath,
General and Commander in Chief of all His Majestys Forces within the Colonies laying
on the Atlantic Ocean from Nova Scotia to West Florid[a] inclusive &c. &c. &c.

Lieutenant Colonel John Yorke of His Majestys 22
nd
Regt. President
Members
Major Alexr. Menzies, Gl. DeLanceys Brigd.
Capt. Stephen Fromfield 54
th
Regt.
Captain Charles Lumm 38
th
Regt.
Capt. Walter Home 7
th
Regt.
Captain Ludovick Colhoun 74
th
Regt.
Capt. Gilbert Colden White DeLanceys Brigd.
Capt. Elijah Miles, Gl. DeLanceys Brigd.
Lieut. John Merideth 70
th
Regt.
Lieut. William Raymond 33
rd
Regt.
Lieut. George Cleghorn 22
nd
Regt.
Lieut. Joseph Moland 26
th
Regt.
Lieut. Robert McFarlan 74
th
Regt.
Lieutenant John Blucke of His Majestys 23
rd
Regiment or Royal Welsh Fuzileers
Assistant Deputy Judge Advocate.

The President, Members and Assistant Deputy Judge Advocate being duly
sworn.

Lieut. Colonel Simcoe Commanding the Queens American Rangers [s]tood
before the Court to answer to the same Charges which were brought against him by Capt.
Smyth of the same Corps before a late Court of Enquiry.

Charge the 1
st


That altho his Company is only attached to the Queens Rangers by the
following General Order. Head Quarters, German Town 16
th
October 1777. Capt.
Smyths Company of Provincials is attached to the Queens Rangers under the Command
of Major Simcoe to whom all reports and Returns from said Company are to be made.
Which Order plainly evinces that Captain Smyth was intended to Command his own men
totally. Yet in direct violation of Captain Smyths promise to his men, Lieut. Col.
Simcoe at once drafted above Seventy of his men to fill every Company in the Regiment
of Queens Rangers, and immediately put his men on duty on an Outpost before they were
Cloathed; and that Lieut. Col. Simcoe has occasionally and continually drafted Captain
Smyths Company ever since to complete two Flank Companies doing duty with the
Regiment, and a Troop of Horse besides. All which has injured Captain Smyth, not only
in the loss of men by causing great numbers to Desert, but also in depriving him of a
Command to which he was entitled by every just prtension; and is keeping up a Regiment
of ten Companies of Foot, and one Troop of Horse at the Expence of Captain Smyth.

Captain John Ferdinand Dalziel Smyth being duly sworn, deposed that after
joining the Queens Rangers, According to General Sir William Howes Orders, his
Company was drafted without either a General or Regimental Order. That Colonel
Patterson told him he thinks in February 1778, that his Company was not to be drafted, as
it was liable to be detached again upon any future General Order. That he conceived
when his Company was drafted in order to level the other Companies of the Queens
Rangers, in case he was to be detached again from them, he might have his own men
back again; and that those men still belonged to him, altho they were doing duty in other
Companies. That Lieut. Colonel Simcoe drafted his Company to form a Troop of Horse
and to complete Flank Companies without regard to either Roster or Rotation, altho the
Flank Companies only did duty with the regiment, which made him conceive there was
less occasion for their being complete, than if they had been acting in Battalion. That he
cannot conceive any Commander in Chief would permit ten Companies of Foot and one
of Horse to be kept up at his expence.
Q. (by the Court) What expence was you at in raising that Company, and have
you vouchers of those expences to shew the Court?
A. I was at the expence of upwards of three hundred Guineas. It is impossible I
should have vouchers, as the Company was raised in Philadelphia. I did not think I
should ever be called upon for any: Our having evacuated that place, puts it entirely out
of my power to collect them.

Charge the 2
nd


That Lieutenant Colonel Simcoe Ordered Captain Smyths money vizt. the pay
and Bounty of his men to be paid to the Captains in whose Companies Capt: Smyths
men were drafted, who had no accounts against them. Whereas it ought to have been
paid to Captain Smyth to satisfy their debts to him, and the Balances paid by him either to
the men or to the Captains who Commanded them. This has occasioned Captain Smyth
to lay out of, or lose by far the greatest part of his Companys debts to him, very little of
it being paid even yet.

Captain Smyth deposed that the Pay and Bounty of the men raised by him was
not paid to him, so that the men who were drafted to the different Companies still
remained in debt, excepting partial payments from three Companies.

Charge the 3
rd


Captain Smyth complains that Lieut. Col. Simcoe having deprived Captain
Smyth of his proper Rank in the Regiment for above 15 months. Ever Since Captain
Smyth sought redress for that injury he Vizt. Lieut. Col. Simcoe has not only taken every
means in his power to distress, harrass and injure him, but has also suffered others to do
so, and paid no attention to Captain Smyths Complaints.

Captain Smyth deposed that his rank has been restored to him, but not by any
partiality or injustice of Lord Rawdon, as Lieut. Col: Simcoe would insinuate, nor by any
abuse of Lieut. Col. Simcoes confidence, Captain Smyth never being favoured with any
share of it. That Lieut. Col. Simcoe has taken every method of distressing him will
appear by what follows, Vizt. That of ordering a Regimental Court of Enquiry on him
consisting of one Captain and two Subalterns on the false assertion of a Deserter that was
enlisted by him for a City Guard in Philadelphia, to justify desertion. Also that of
releasing every prisoner (excepting one) ever confined by him. Vizt. John Henricks,
Peter Henson, Thomas Burnes and Park private Soldiers in his Company, confined by his
Order for entering into Combinations with William Cosgrave a Deserter, and with each
other against His Majestys Service and against the Regiment: The Crime dated
Philadelphia May 1778. Capt. Smyth deposed he cannot be certain the above men and
Crime were the Same he did give in, but from recollection in a paper he has since found
with the Names and Crimes, he believes them to be the same: but to convince the Court
of the certainty of those mens Names and Crime being the same as was given in when
they were Confined, he called upon Captain David Shank of the Queens Rangers, who
being duly sworn was examined.
Q. (by Captn. Smyth) Do you remember when you was upon Guard, having
received into Charge the Prisoners and the Crime you have heard named?
A. I do not recollect being upon Guard but there were a number of men confined
by you, and some such Crime given in as you mention and I recollect that some of these
men were released by Col: Simcoe.

Captain Smyth further deposed that William Harvey private Soldier in his
Company was confined by him in June 1778 for repeated Desertion, and twice in that
month released without a trial: also Corporal Rutter of his Company was confined by him
for insolence, neglect of duty, making false complaints against him: the Crime bearing
date August 1778 and he was twice released without trial and then transferrd to another
Company. That he (Captain Smyth) arrested Ensign James Doe in August 1778 for
disrespectful and insolent words and behaviour to him on his Companys Parade, when
he and the Company were under Arms. That Lieut. Col: Simcoe on hearing of it,
immediately released Ensign Doe. That he (Captain Smyth) arrested Ensign Doe the day
following for threatening words, actions and behaviour to him: for raising and
spreading false and Scandalous reports of him both in Words and writing, and for
mutinous expressions: and he was again immediately released. That he (Capt: Smyth)
then waited on Col: Simcoe, who had released Ensign Doe, and Col: Simcoe ordered him
not to arrest Ensign Doe again. That he confined Serjeant McComb of his Company for
repeated neglect of Duty, and not shewing or sending Orders to him: dated Oyster Bay
March 1779, and he was released three times.

Capt: Smyth deposed that he confined Ferdinand Gonsolaz Private Soldier in
his Company for repeatedly making false complaints against him: the Crime dated
early in April 1779, and he was released three times without trial: that after his being
three times released, he confined him again for insolence, and he was again released
without trial. To prove the above assertion he called upon Corporal Gilbert Garland
of the Queens Rangers, who being duly Sworn was examined.
Q. (by Capt: Smyth) Do you remember when I ordered you to confine
Ferdinand Gonsolaz for insolence to me, that I ordered you to give in a written Crime
with him?
A. You did order me to give in a Written Crime with him, and I did so.

Captain Smyth deposed that Lieut. Col. Simcoe ordered his Battman from his
Horses and Baggage before he came up to the march to Mount Holly in the Jerseys,
thereby leaving his Horses and Baggage on the Road to be lost. To prove which assertion
he called upon Captain John Mackay of the Rangers, who being duly sworn, was
examined.
Q. (by Capt: Smyth) Do you recollect the time in coming through the Jerseys
when Lieut. Colonel Simcoe ordered my Battman from my Horses and Baggage, so that
they were in danger of being lost?
A. [A] Serjeant of Captain Smyths came to me and told me that Captain Smyths
Batman was by order of Lieut. Murray, who Commanded Capt: Smyths Company, to
join his Company, the Serjeant adding he (Lieut. Murray) said it was by Order of Lieut.
[Colonel] Simcoe.

Captain Smyth called upon Serjeant Samuel Burnett of the Queens Rangers
who being duly sworn, was examined.
Q. (by Captain Smyth) Do you remember that on the march through the Jerseys
my Battman was ordered from my Horse and Baggage by Lieut. Col. Simcoe?
A. Lieut. Murray who Commanded your Company [said] to me to go to the
Battman and tell him to join his Company, Lieut. Col. Simcoe having given orders for
that purpose.
Q. (by Captain Smyth) Did not Lieut. Murray say my Horses and Baggage
were to be left where they were?
A. I cannot assert that.
Q. (by Col. Simcoe) Who took care of Captain Smyths Baggage the next days
march?
A. I think Daniel Oliver a private Soldier in Capt. Smyths Company.
Q. (by Capt. Smyth) Dont you mean the march the day after I arrived, that
Daniel Oliver took care of my Baggage?
A. Daniel Oliver was the only man missing from the Company, after the first
Battman was taken away.

Captain Smyth deposed that Lieut. Col: Simcoe confined his Drummer, white
Servant and black Servant on the same march for no Crime. That he requested they
should be released, that Lieut. Col. Simcoe refused it, adding they should be tried by a
Court Martial. Also that Lieut. Col. Simcoe by drafting men from his Company against
their will; or by drafting or transferring every good man from his Company on the first
trifling offence or complaint, and not transferring any bad men from his Company if he
complained or Sollicited ever so often, thereby occasioned much harrassing to him.

The Court Adjourned till next morning at 10 OClock.

Wednesday the 5
th
of May 1779.

The Court met pursuant to Adjournment.

Captain Smyth deposed that his whole Company was very averse to being
attached to the Queens Rangers for fear of being drafted. That several men before that
attachment informed him they had refused to enlist in the Queens Rangers. That when
they were first drafted from his Company, he was absent from it, and had repeated Letters
and personal applications from those men who were drafted complaining of it, as they
had been promised by him they should not be. That he is led to believe their being
drafted and put upon an outpost without being cloathed was the occasion of many
deserting. That one Thomas Hackett of his Company was drafted into the Light
Company, and deserted as he thinks more than once. That he has been since found and
returned to his (Capt: Smyths) Company by order of Lieut. Col: Simcoe at Kensington,
and still remains in it. That he (Hackett) said he never would have deserted, had he been
allowed to have remained in his (Capt. Smyths) Company. That he (Capt. Smyth) also
recollects that Thomas Moore and James Bense of his Company were ordered to be
drafted to the Grenadier Company some time before the Army left Philadelphia: that they
both complained of it to him: that before the complaint, they had been taken from his
Company without his knowledge: that Bense said if he was drafted from his Company he
would desert: and Moore declared he would not leave the Company if he could help it.
That he (Capt. Smyth) then ordered them back to his Company, till they were ordered
from him by proper authority. That the next day the Regiment marched out, but he is not
certain if Lieut. Col: Simcoe went with it, tho he believes he did, but not in the same
division with him. That on the march Captain Armstrong of the Grenadiers came to his
Company tooke Bense out of the Ranks and said to him (Capt. Smyth) refuse him at
your peril. That he then made no reply as Captain Armstrong was his senior Officer.
That Bense afterwards deserted at Kings Bridge. That Phillips of his Company was taken
from it to do duty in the Hussars at Kensington, and was returned to it at Kings [Bridge],
where he deserted.
Q. (by Col: Simcoe to Capt. Smyth) Did Hacket ever complain to you after he
was drafted?
A. Frequently.

Captain Smyth called upon Thomas Hacket, who being duly sworn, was
examined.
Q. (by Capt. Smyth) Did I speak to you or send a message to you yesterday or
since?
A. I was sick in my Quarters, when you passed them yesterday Evening. One
McEwen went out of my Quarters as you was passing: he returned and told me you had
sent me half a Dollar to bear my expences to Jamaica, where I was to attend this morning.
Q. (by Capt. Smyth) Did you not tell me you never would have deserted, had
you not been drafted from my Company?
A. I did not.

Capt: Smyth to prove the above assertion called upon Serjt. Samuel Burnett,
who being already duly sworn was examined.
Q. (by Capt. Smyth) Did you not hear Hacket say he never could have absented
himself, had he not been drafted from my Company?
A. I absolutely did.
Q. (by Capt. Smyth) Have you not heard him say so very often?
A. I have repeatedly heard him say so.
Q. (by Capt: Smyth) Did you not the day or day before my Company joined the
Queens Rangers after the Order of being attached to them, hear the men complain to me
on Parade of their being averse to the attachment for fear of being drafted into that
Regiment, and that I promised them not a man of them should be drafted, on which they
were reconciled and marched?
A. You did promise that on the parade, and the men seemed very averse to
joining that Corps for fear of being drafted.
Q. (by Capt. Smyth) Were there not men in my Company who refused to enlist
in the Queens Rangers, and afterwards enlisted in my Company?
A. I was one myself.
Q. (by Capt. Smyth) Upon my mens being drafted; were they not perpetually
complaining to me of it?
A. Yes.
Q. (by Capt. Smyth) Were not those men put upon Duty without Cloaths? and
dont you conceive that that joined to the drafting caused men to desert?
A. They were put upon Duty without Cloaths, but cannot tell if that was the cause
of their deserting.
Q. (by Capt: Smyth) Do you not recollect when Bense and Moore were drafted
contrary to their inclination from my Company into the Grenadiers, I took them back: and
that upon a march afterwards Capt. Armstrong came and took Bense from my Company?
A. I recollect there was a regimental Order issued by Lieut. Col: Simcoe saying
that any men in the different Companies under his Command, fit for Grenadiers might be
taken by Captain Armstrong, Bense and Moore were pitched upon by Captain Armstrong
for Grenadiers, and his Serjeant came and took them. The next day you joined your
Company on a march about a mile from Town, and asked for those men, threatening to
confine me for suffering men to be taken from your Company without your knowledge,
and I told you I could not oppose an Order of Col: Simcoes. You then sent me to fetch
the two men back, which I did. The next day we marched again, and Capt: Armstrong
came to you and said he did not wish to take men against their will, and at the same time
asked the two if they objected. Bense turned out and Moore refused. Capt. Armstrong
then took Bense with him.

Corporal Gilbert Garland was called into Court, who being already sworn,
was [as]ked the foregoing Question.
A. Bense went to Captain Armstrongs Company willingly: Moore was not
willing, & therefore remained.

Captain Smyth called on John Gee Private Soldier in his Company, who being
duly sworn was examined.
Q. (by Capt. Smyth) Did you never hear Hacket say he would never would
have absented himself, if he had not been drafted from my Company?
A. No, never had any conversation with the man.
Q. (by Capt. Smyth) Were not my men in general very averse to being drafted?
A. In general I believe they were.

Captain Smyth deposed that Lieut. Col. Simcoe did not suffer Ensign
Bradstreet to make any Stoppages from his men, for five or Six and twenty Pounds for
four months, and obliged him (Captain Smyth) to pay Ensign Bradstreet twenty one
pounds fourteen Shillings and three pence, altho the Company owed him more at the
same time. That Lieut. Col. Simcoe ordered the Paymaster to pay a Sum of his (Capt.
Smyths) that was in his hands, for which he had given Receipts, into the hands of Mr.
Bradstreet. To prove which assertion, he called upon Lieut: and Qu[a]rter Master
Mattheson, paymaster to the rangers, who being duly Sworn was examined.
Q. (by Capt. Smyth) Did you not pay a Sum of money of mine which was in
your hands to Mr. Bradstreet by Lieut. Col: Simcoes Orders?
A. I did.
Q. (by Capt. Smyth) Had I not given you as paymaster Receipts for that
money?
A. You had.
Q. (by the Court) Was that money the personal Subsistence of Captain Smyth,
or the Subsistence of his Company?
A. Was the Balance due his Company to the 24
th
August, and the Balance of his
own Subsistence to the Same date. The money was in Dollars, which Captain Smyth
desired me to keep for him till he called for it. Upon my receiving Col: Simcoes Letter
to pay the Balance of Capt. Smyths Company to Mr. Bradstreet, I gave the whole to him
to save trouble, as it was in Dollars, and Mr. Bradstreet saw [said?] he would send Capt.
Smyths Balance to him.

Captain Smyth deposed that Lieut. Col: Simcoe ordered Ensign Bradstreet to
pay money to every one of his men, even to those deeply in debt, about the middle of
January 1779, after he had taken back the oayment of his Company, and being present
had made his Report, after the state of their debts and credits had been given in to Lieut.
Col. Simcoe and himself from Ensign Bradstreet.

Captain Smyth also deposed that Lieut. Col. Simcoe told him at Kensington, he
should never do duty in the Regiment Senior to Captain McGill, altho he was Senior in
Commission that after his Rank was restored, he ordered him into new Quarters, tho he
was sickly: that a little time after Lieut. Col. Simcoe ordered other Officers into the same
Quarters, which he occupied when he was well.

Captain Smyth likewise deposed that Lieut. Col. Simcoe gave his Subaltern the
nomination of a Noncommissioned Officer altho he was present. Also that Lieut. Col.
Simcoe permitted him to be arrested by Major Armstrong, concerning his Report as
Captain of the day altho he never made an improper Report, and altho Major Armstrong
accepted the same Report which he had refused.

The Court adjourned till next morning at 10 oClock.

Thursday the 6
th
May.

The Court met pursuant to Adjournment.

Captain Smyth deposed that he was the third or fourth Battalion Captain
present in the Regiment, and consequently had a right to expect to Command a Grand
Division: that Lieut. Col: Simcoe, on purpose to prevent it, transposed his Company into
Captain Dunlops Grand Division, and would not alter it when it was asked as a favor
from Lieut. Col: Simcoe.

Captain Smyth deposed that Lieut. Col: Simcoe received a partial state of his
Company from Ensign Bradstreet of Debts and Credits, when he (Capt. Smyth) was
present, which did not include his Debts. To prove which assertion he called upon
Ensign Bradstreet who being duly sworn was examined.

Captain Smyth produced a State of his Companys Debts and Credits to the 24
th

December 1778, and asked Ensign Bradstreet if it was not a true Copy of the one that was
given to Lieutenant Colonel Simcoe?
A. Such a Copy was given, but there was an error in not putting some articles
down that should have been, which were on a separate Sheet of paper.
Q. (by Capt. Smyth) Was that separate Sheet of paper delivered in, and what
amount might it be?
A. It was not; the amount was not near five pounds.
Q. (by Captain Smyth) Was it not about the middle of January that state was
delivered in?
A. The state laying on the Table was delivered in the 16
th
January, and the next
state the 19
th
January.

Captain Smyth deposed that He complained to Lieut. Col: Simcoe that the
Adjutant refused to carry Official Reports and Returns to him; but that Lieut. Col:
Simcoe did not redress that grievance.



Charge the 4
th
.

That Lieut. Colonel Simcoe ordered two Regimental Courts of Enquiry on
Captain Smyth, consisting of one Captain and two Subalterns, on the Complaints of men
and never communicated the result to him.

Captain Smyth deposed that after Lieut. Col. Simcoe had ordered two Regl.
Courts of Enquiry upon him, yet he never communicated the result to him, which he
thought a Grievance and improper.

Charge the 5
th
.

That on Complaints against Captain Smyth being found malicious and totally
false and groundless: Lieut. Col. Simcoe not only suffered persons so complaining to go
unpunished but released them when confined by Captain Smyth, and repeatedly released
them after a Crime was given in.

Captain Smyth deposed that if a Noncommissioned Officer or Soldier should
be improperly confined by him, a Court Martial would after giving them a fair tryal,
certainly acquit them. If the Court found them guilty, Lieut. Col. Simcoe would certainly
have had it in his power to punish or release them at his discretion: but that it was
impossible Lieut. Col. could judge properly without hearing both Sides. That he (Lt. Col.
Simcoe) always released men confined by him, without seeing hearing or consulting him
at all. That Lieut. Col. Simcoe released eight men which are all excepting one ever
confined by him in the Regiment with a Crime given in. That it appears to him very
extraordinary that every one of those few should have been unjustly or improperly
confined. That for instance Ferdinand Gonsolaz Private Soldier in his Company
complained to Lieut. Col. Simcoe that he was charged in his accounts for breaking a
Firelock and losing a Bayonet in March 1779, and he (Capt. Smyth) knew nothing of the
complaint. That Lieut. Col. Simcoe sent for his Books, & therein found the man had
been charged with them in July 1778, and that he had Credit for them again in August
1778, on his (Captain Smyths) finding that he is not to pay it himself. That it appeared
the man knew all this, and had complained falsely and maliciously yet Lieut. Col. Simcoe
did not confine him, but suffered him to pass unpunished and even unreprimanded. That
after this he (Captain Smyth) confined the man for complaining falsely, and Lieut. Col.
Simcoe released him three different times. He further said he confined him about the first
of April 1779 the first time, and that he confined him three different times upon each
other.
Q. (by Lieut. Col. Simcoe) After I released the man who was confined for
making false complaints what interval of time was there between that and your confining
him for insolence?
A. I think it was about the 2
nd
April at Night.

Captain Smyth to prove that Lieut. Col. Simcoe found the Complaint of the
man groundless, called upon Serjeant Burnet, who being already duly sworn was
examined.
Q. (by Capt. Smyth) Did you not hear me make Gonsolaz sensible that he had
Credit for the Firelock and Bayonet, long before he complained to Lieut. Col. Simcoe,
and did you not yourself make him sensible of it?
A. Yes.

Charge the 6
th
.

That Lieut. Col. Simcoe not only released all the men ever confined by Capt.
Smyth, but also released an Officer twice from Captain Smyths Arrest.

This Charge having been examined into by a former deposition of Captain
Smyths, it was left unnoticed.

Charge the 7
th
.

That Lieut. Col. Simcoe not only reprimanded Captain Smyth at the Complaint
of one of the men, without that Complaint being proved, or hearing Captain Smyths
defence but also ordered Captain Smyth never to strike a Soldier on any provocation,
under pain of being arrested and tried for disobedience of Orders. That afterwards
Captain Smyth confining that man several times for his insolence and false complaints,
Lieut. Col. Simcoe released him every time, altho a crime was given in.

This Charge having been examined in a former deposition of Captain Smyths it
was left unnoticed.

Charge the 8
th
.

That Lieut. Col. Simcoe gave orders that no man was to be received as a prisoner
that was confined by Captain Smyth; which in effect is depriving Captain Smyth of every
kind of authority and Command.

Captain Smyth deposed that he had by him a Report which he produced to the
Court, dated the 6
th
of April 1779, with written orders at the Bottom in the following
words Vizt. No man to be received as a prisoner that is confined by Captain J.F.D.
Smyth.

Lieutenant Allen of the Queens Rangers, whose name was affixed to the
Report, was called before the Court, and being duly Sworn was examined.
Q. (by the Court) Did you receive the Orders specified in your Report verbally
or in writing from the Officer you relieved?
A. Verbally.



Charge the 9
th
.

That Lieut. Col. Simcoe drafted Captain Smyths Servant or Batman (whom he
had turned in the Ranks for some time as punishment for misbehaviour) into a Tro[o]p of
Horse, which he also composed of men taken from the different Captains without their
consent for a new Captain without men.

This Charge having been examined in a former deposition of Captain Smyths,
was left unnoticed.

Charge the 10
th
.

That Lieut. Col. Simcoe instead of attending to Captain Smyths complaints, or
giving him redress, would not even read a Letter from him to that purpose, and never
answered or took any notice of another Letter from Captain Kerr to the same effect, but
immediately ordered Captain Kerr to Georgia on the recruiting Service.

Captain Smyth deposed that he thought it very hard that a Commanding Officer
did not attend to Letters from Officers with complaints that ought to be redressed. That
he conceived Captain Kerr as a particular Evidence in his favor. That he endeavoured to
have him stopt from going to Georgia on that account.
Q. (by the Court) In what points would Captain Kerr have been examined as
your Evidence?
A. He would have been a material Evidence in the 2
nd
Article: and I conceive he
would have been a material Evidence in the 3
rd
and 4
th
concerning the Courts of Enquiry
and the subsequent ones; particularly in the 10
th
concerning his own Letter.

The Court Adjourned till 12 oClock the next day.

Friday the 7
th
May.

The Court met pursuant to Adjournment.

Lieut. Col: Simcoe being called upon to answer the foregoing Charges, Spoke
as follows Vizt.
I beg leave to submit to the Court the difficulties I labour under from the length of
time to which the detail of accusations I am charged with has been protracted; I must
desire therefore the Courts indulgence in remarking to me any single point of the
accusations that I appear not clearly to disprove, for as I cannot be conscious that my
conduct has never proceeded from the unworthy motives Capt. Smyth insists on. I am
convinced there exists favorable Evidence for me tho thro my neglect or ignorance, it
be not immediately produced.
I was appointed to the Command of the Queens Rangers the 15
th
October 1777
being then on duty at the Batteries of Mud Island: I joined the Corps the day following
when Captain Smyths Company was ordered to be attached to it; from which time to the
present hour my Command has continued has continued [sic] over the Queens Rangers
and Captain Smyths Company as a part of it.
The Company joined the Regiment in Philadelphia, when Lieut. Col. Patterson
Adjutant General Ordered me to draft it, leaving him a Company.
All returns that were made to the Adjutant General specified the Company to be
so drafted. To leave the Battalion properly composed of eight Companies, I formed an
Highland Company, which Sir William Howe was pleased to notice and approve. In the
particular Orders of thanks to the Rangers, for their behaviour at Brandy Wine, he was
pleased to dwell on their loss and expressed to me what a seasonable recruit Captain
Smyths Company would be.
To prove that Capt: Smyth speaks a wilful falsehood whenever he asserts that he
has the least title to expect to be detached from the Rangers; Captain Smyths
Commission is as Captain of that Corps.
Lieut. Murray in the General Orders of the 24
th
of Novr. is appointed Lieutenant
in Captain Smyths Additional Company of the Queens Rangers: his Commission is
simply as Lieutenant in the Queens Rangers.
The Court having asked Captain Smyth some Questions relative to what he dwells
on, his Expenses, I beg leave to say, that it did not appear from the condition the men
were in, that they had received any money or Cloathing. Captain Smyth offered no
additional bounty: no other Corps recruited at that period, and the very alehouse expences
charged against his recruits, as one of the inadmissible articles in their accounts.
In regard to his just pretensions, it was publickly said that Captain Smyths
Company being in general Rebel Deserters and not Loyalists as he had been ordered to
raise was one reason of his being sent to the Rangers for they having a General Order
in their favor to enlist Rebel Deserters, and all other Corps being excluded, had a right to
any men of that description that Captain Smyth had enlisted.

Lieut. Col: Simcoe said that Captain Smyth had read a paper to the Court,
entitled Captn. Smyths situation &c. wherein he mentioned a proposal made by him to
Genl. Sir Wm. Howe and Sir Wm. Erskine in April 1777 of reducing the 13 Counties
between Chesapeak and Delaware, and of embodying a number of Loyalists in those
parts; in consequence of which he was taken from Colonel Robinsons Loyal American
Regiment, wherein he had a Company, for the avowed purpose of raising a Regiment for
Sir William Erskine (as he always understood) and of being otherwise serviceable. Lieut.
Col. Simcoe asked Captain Smyth the following Questions. Vizt.
Q. Will Captain Smyth be pleased to produce his Commission to the Court?
A. I have it not about me, but it imports that I am to Command a Company in the
Queens Rangers.
Q. You say in your paper entitled Your Situation &c. that you had orders to
enlist no men but of approved Loyalty and attachment to Government. Do rebel
Deserters come under the denomination of approved Loyalists?
A. I had orders to enlist any men that I thought good; but to be particular careful
they were so. I conceive a great number of men, who have deserted from the Rebels,
have been Loyalists from the beginning, and forced into their Service, and who have
deserted from them the first opportunity: Instances of which I have in my own Company.
Q. In the same Paper you say you proposed to raise men who were well
acquainted with the roads throughout the Country. Do rebel Deserters come under that
description?
A. I conceive they do.
Q. What do you mean by saying you refused many men as improper persons, that
other Corps must enlist?
A. A great number of men came to me at Philadelphia when having examined
them, I conceived some only wished to enlist for the sake of Provision, Cloathing or
some other Sinister purpose: on which suspicion tho their appearance was ever so good, I
did not enlist them.
Q. In the said paper you have asserted you had a Commission in Col. Robinson
Corps, I beg to know the date of it?
A. I have a Warrant dated the 10
th
April 1777.
Q. You say in said paper, you are the oldest Captain in the Provincial Service.
What is the date of your Commission, and from whom did you receive it?
A. I received it from Lieut. Col. Connelly: it was dated Novr. 5
th
1775.
Q. (by the Court) Who was Lieut. Col. Connelly?
A. He was to Command a Regiment of Rangers in Canada, but he and myself
were taken going to Detroit.
Q. (by the Court) By whose authority did he grant Commissions?
A. General Gages.
Q. (by Lieut. Col. Simcoe) Did you ever receive any pay as Captain from the
Commission granted you by Col. Connelly?
A. None.
Q. Did you ever receive pay from Col. Robinsons Corps as Captain?
A. I never applied for it.

Lieut. Col. Simcoe produced a Letter to the Court from the paymaster of Lord
Dunmores Forces which is as follows, Vizt.

New York May 5
th
1779
Dear Sir,
In answer to your enquiries, I can avouch it as a fact that Captain Smyth had
from Lord Dunmore only the appointment of a Surgeon, and have heard Lord Dunmore
often regret his having even granted him that, and imputing it to the importunities of
Col: Connelly. Lord Dunmore furnished me with a list of the Commissions he issued,
and granted an order for paying the Officers, in both which Mr. Smith was rated a
Surgeon, and received pay accordingly.
I have heard since that Col. Connelly carried with him some blank
Commissions for raising a Regiment; whether Smyth has, by approbation of Colonel
Connelly, got one of those filled up, I know not. But this is certain, having never been
on any service, but with Col. Connelly, if he has any such Commission, he did not
claim under it, but received pay as a Surgeon.
I am &c.
Hector MacAlester.

Lieut. Col. Simcoe lay before the Court the following Letter from Lieutenant
Colonel [sicColonel] Beverly Robinson, Vizt.

New York May 6
th
1779.
Sir,
In answer to your Letter of Yesterday, I can only say that Captain John
Ferdd. D. Smyth had a Warrant from me as Captain dated the 10
th
of April 1777, but
never had a Commission; he never raised any men from [sicfor] my Corps, nor did he
ever join or do any duty with us; he went with the Army under Sir William Howe to the
Southward, and some time after the Vacancy in our Corps was filled up, looking upon it
that Capt. Smyth had entirely left us.
I am Sir &ca.
Bev: Robinson.

Lieut. Col. Simcoe declared to the Court that he did level the Companies by a
Roster at first, and since has not: but, that he never departed from a certain System, on
purpose to avoid being partial or impartial to Captain Smyth.

Lieut. Col. Simcoe declared the reason why he did not pay the pay and Bounty
into the Hands of Capt. Smyth, was with the approbation of Secretary Mackenzie, as well
as his wish that the men might be properly settled with. To prove the above money was
ordered to be paid to him, he laid before the Court Secretary Mackenzies Letter, vizt.

Philadelphia 23
rd
Octr. 1777.
Sir,
As Captain John F.D. Smythes Company is attached to your Corps, you will please to
draw the Subsistance and Bounty Money as pr. the inclosed Accoumpt, which you will
please to present to Mr. William Newton the Paymaster, and he will pay you the money
upon your signing the three inclosed receipts which you will leave with him, Captain
Smyth must sign the account before it is presented to Mr. Newton, and there is another
Copy of it in this office, which will be a Guide in settling with the men.
I am &c.
Robert Mackenzie
Lieut. Col. Simcoe added that he has given many orders to Captain Smyth to
settle his mens accounts without effect.

That with respect to Captain Smyths accusation of his insinuating partiality and
injustice to Lord Rawdon by the reply he made to the 3
rd
Charge before the Court of
Enquiry (which was as follows) (Vizt. That Captain Smyths Rank has been restored to
him on the decision of Lord Rawdon Adjutant General in his favor. ;ieut. Col. Simcoe
is conscious that in the affair of rank he acted properly, and that Captain Smyth obtained
only by abusing the confidence he placed in him. That he has taken any measure to
distress him in consequence of that complaint is not true.) will appear to no one in that
light, but a person of Capt. Smyths malignant temper.

Lieut. Col. Simcoe asserted that Captain McGills promotion was on the 19
th

Sepr. 1777, and Captain Smyths the 26
th
Sepr. 1777 in General Orders on which day he
joined the Queens Rangers. That the Resignation Captain McGill succeeded was given in
before he joined the Rangers. That Captain McGill was an Officer of merit and service,
and as such was recommended to him. That Lieut. Col: Balfour by the express orders of
Sir William Howe, and sent for that purpose, had assured the Officers of the Rangers that
all promotions should go in that Corps in consequence of their Gallantry at Brandywine.
That it appeared the dates of Capt. McGills and Capt. Smyths Commissions were
wrong: that they were in Sepr. instead of October, and they received their Commissions
according to that date. That Captain Smyth did duty as junior to Captain McGill, without
complaining of any injustice. That a very few days before Sir Wm. Howe left
Philadelphia he came to him (Lieut. Col. Simcoe) and complained that his Commission
was wrong dated, but never specified, what, if real had been the Grievance, that by it he
lost the Rank of two Captains, who ought to be junior to him. That Captain Smyth said if
he would give him leave to make use of his name, Secretary Mackenzie would alter it:
That he (Lieut. Col. Simcoe) being at that time busily employed, acquiesced without
sufficient examination supposing it to be a matter of pay only and not of Rank. That
some short time after, his Adjutant informed him Captain Smyth had got his Commission
antedated to Captain Agnews and McGills. That he (Lieut. Col: Simcoe) was at that
time writing Letters to go to Europe, and he immediately sent the Adjutant for Capt.
Smyth, and upbraided him in a very severe manner for having so grossly imposed upon
his confidence, and added he would go immediately to the Secretarys Office and have
the mistake rectified. That Captain Smyth said he did not intend to act improperly: and to
the best of his recollection, he said he did not know his Commission was prior to Captain
McGills and repeatedly affirmed in his and Adjutant Ordmonds Company that he would
never claim Rank of Captains Agnew & McGill. To prove the above assertion, Lieut.
Col. Simcoe called upon Adjutant Ormond of the Rangers, who being duly sworn, was
examined.
Q. (by Lieut. Col. Simcoe) Did you not after I sent you for Captain Smyth, hear
him repeatedly affirm he would never take rank of Captains Agnew and McGill?
A. I Did.
Q. (by Lieut. Col. Simcoe) Has he not served as junior to those Officers till we
arrived at Oyster Bay?
A. He has.
Q. (by Capt. Smyth) Did I not always object doing duty as Junior to those
Officers, ever since I received my Commission?
A. I recollect at Kinsington you did once say to me it was hard those Officers
should do duty senior to you, and I told you it was no business of mine, you should settle
those matters with the Commanding Officers.
Q. (by Capt. Smyth) Did you not carry my objection to Lieut. Col. Simcoe and
bring his Orders to me that I should do the duty junior to those Officers?
A. I do not recollect it.

Lieut. Col: Simcoe said that on the 12
th
of Decemr. 1778 or thereabouts
Captain Smyth memorialled the Commander in Chief to be restored to his Rank, and that
his memorial was answered by Captains Agnew and McGill. That the Commander in
Chief wished to have the matter referred to a Court of Enquiry, but on his (Lieut. Col.
Simcoes) request it submitted to Lord Rawdons decision: the purport of which was that
in his Opinion, however improperly Captain Smyth might have obtained his Rank, as it
appeared the Commission was dated in Sir William Howes time the present Commander
in Chief could not interfere in it, from which Opinion, he (Lieut. Col. Simcoe) and the
Captains were perfectly well satisfied.

Lieut. Col: Simcoe said that to the best of his recollection a Soldier deserted,
who pleaded his having only enlisted for a City Guard. That he told him if that was the
case he would not punish him: but that he ordered a Court of Enquiry upon him in order
to discover if it was true or not: to prove which he called upon Captain Saunders, who
being duly sworn, was examined.
Q. (by Lieut. Col. Simcoe) Was you not President of a Court Martial or Court
of Enquiry at Philadelphia, to enquire into the foundations of a mans alledging he was
enlisted for a City Guard?
A. I was President of a Court of Enquiry.
Q. (by Lieut. Col. Simcoe) What was the Opinion of the Court on those
allegations?
A. It was the Opinion of the Court that the mans assertion was true of being
enlisted for a City Guard.
Q. (by Lieut. Col. Simcoe) Did not several Soldiers of the Regiment appear to
testify the assertion was true?
A. Yes.
Q. (by Lieut. Col. Simcoe) Did you hear that Captain Smyth confined any of
those Soldiers, immediately after the Court was over?
A. I did.
Q. (by Capt: Smyth) Was not the person that complained named William
Cosgrave?
A. It is so long ago, it is impossible almost to recollect, but I believe it was.
Q. (by Capt. Smyth) Did I not confine those men before they gave their
testimony?
A. I do not know.
The Court Adjourned till next morning at 10 OClock.

Saturday the 8
th
May.

The Court met pursuant to Adjournment.

Lieut. Col. Simcoe further said that he did not believe Capt. Smyth personally
enlisted Cosgrave for a City Guard: but it appeared he was enlisted for that Guard by
people employed by Captain Smyth.

Lieut. Col: Simcoe with respect to releasing Henricks, Henson, Burnes and
Park, said they were confined by Captain Smyth for entering into Combinations with
Cosgrave, and that he released them, as it appeared they were confined for giving
Evidence in favor of Cosgrave.

Lieut. Col. Simcoe with respect to William Harvey, who was confined by
Capt. Smyth for repeated Desertions, and being twice released without trial alledged the
man was Capt: Smyths Battman, and absented himself from his Service in Philadelphia,
as he said for ill usage, which he (Lieut. Col. Simcoe) mentioned to Captain Smyth, and
which he never denied.
Q. (by Capt. Smyth) What was the ill usage you mean?
A. You beat him and otherwise and otherwise [sic] ill used him.
Q. (by Capt. Smyth) Was it not for desertion or absenting himself without
leave?
A. I dont know but you used him very ill.

Lieut. Col: Simcoe with respect to Corporal Rutter, who was confined by
Captain Smyth for insolence, neglect of duty and making false complaints against him,
alledged he had given a particular Order that no Officer Should strike a
noncommissioned Officer, Captain Smyths behavior being the occasion of the Order.
That the Corporal complained to him that Captain Smyth had kicked him, pinched him
and almost throttled him. That he ordered a Court of Enquiry on the Complaint, as it
appeared to him Captain Smyth behaved in this manner in order to avoid the late Order
he had issued. That on reading the Court of Enquiry he was confirmed in his suspicions.
That Capt. Smyth the next day wrote him one of his usual Letters from his tent, in which
appeared the following paragraph. The Letter was a complaint against his Ensign. Vizt.

Yesterday morning just after I left you, I absolutely detected him (Mr. Doe) in
collusion with Corporal Rutter against me. If I had not heard and seen it, I could not
have believed it. I took Rutter by the neck of the Coat (interlined over it) and ordered
him to his Tent.

On the above Letter and Corporal Rutters Application. He transferred him to
another Company he being a lad of excellent Character, in order to secure him from Capt.
Smyths malice.
Lieut. Col. Simcoe with respect to Ensign James Doe, who [was] arrested by
Captain Smyth for disrespectful and insolent words and behavior to him on his
Companys Parade, when he and his Company were under arms &c. he asked Captain
Smyth the following Questions. Vizt.
Q. What day was it you arrested Ensign Doe?
A. I dont recollect.
Q. What day was it you arrested him a Second time?
A. The day following.
Q. Did you report to me the Second time you arrested him that you had done it?
A. I waited upon you at your Tent and told you of it.
Q. Did you inform me at that time in words or writing that Ensign Doe had
spread false and Scandalous reports of you?
A. I dont recollect that I said he had spread those Reports.
Q. Did you in substance mention to me that he had spread those false and
scandalous Reports?
A. I mentioned to you that the whole tenor of Mr. Does behaviour and Conduct
towards me in every Respect, was such as obliged me to arrest him.
Q. Did you mention to any Officer in the Regiment that Ensign Doe had Spread
false and Scandalous Reports of you? and to whom?
A. Yes, to all that came to visit me in whom I had confidence. I believe I spoke
of it to Captain Mackay; and Lieut. Mackay first informed me of it.

Lieut. Col. Simcoe called upon Lieut. Whitlock, who being duly sworn, was
examined.
Q. (by Lieut. Col. Simcoe) Do you recollect Captain Smyth putting Ensign Doe
in arrest?
A. I do.
Q. (by ditto) Was it on the General Parade, or his Company Parade?
A. The general Parade.
Q. (by Capt. Smyth) Were the parades not both the same?
A. They were the same Ground, but it was after the Mens Arms were locked.
Q. (by Capt. Smyth) What was after the Mens Arms were locked?
A. The Arrest of Ensign Smyth [sicDoe.]
Q: (by Capt. Smyth) Which arrest?
A. It was the first I ever heard of.
Q. (by Capt. Smyth) What arms do you mean were locked at the time of the
arrest?
A. I mean your Companys Arms.

Lieut. Col. Simcoe added that the arrest of Ensign Doe the first day appeared
to him very frivolous, which was the reason he released him. The second day for
threatening Words, actions and behaviour &c. did happen between Captain Smyth and
Ensign Doe. That Capt. Smyth put him in arrest, and he released him, not thinking the
case cognizable either by a Commanding Officer or a General Court Martial. That he
never heard Captain Smyth alledge that Ensign Doe had spread false and Scandalous
Reports of him, or made use of mutinous expressions nor did he believe Captain Smyth
dared to have mentioned to him, or prosecuted Ensign Doe for such a Crime. That a
considerable time after, when Ensign Doe had left the Regiment, he had a Letter from
Captain Smyth, thanking him for not admitting Ensign Doe to give in an accusation
against him for marauding and plundering at Philadelphia. That Capt. Smyth then
immediately asked his leave to go to Long Island: that the Captains were to have met the
very day that Captain Smyth went there, on the accusation of Ensign Doe against him,
one of the Captains having determined not to do duty with him till the matter was cleared
up.

Lieut. Col. Simcoe lay before the Court Captain Smyths Letter of thanks on
not admitting Ensign Does Accusation. [Letter not entered into the proceedings.]

Lieut. Col. Simcoe with respect to Serjeant McComb, who was confined by
Capt. Smyth for repeated neglect of duty and not shewing or sending orders to him, said a
Court Martial was ordered upon Serjeant McComb, which Captain Smyth did not attend.
That Captain Smyth Ordered the Serjeant to be confined to his own Barracks, from which
he inferred it was not a Crime of any great magnitude. That Serjeant McComb sent him a
petition (which was read to the Court) complaining of the repeated ill treatment he met
with from Captain Smyth upon which, believing it to be true, he released him.

Lieut. Col: Simcoe with respect to Gonsolaz being confined by Captain Smyth
for repeatedly making false complaints against him, said that Gonsolaz complained to the
major and then to him that he was injured in his accounts. That he told him he would
enquire into the matter. That Captain Smyth confined him. That he then ordered the
adjutant to acquaint Captain Smyth he should not confine a man, till he (Lieut. Col.
Simcoe) had settled the complaint, which he disobeyed, and believed he (Capt. Smyth)
exchanged the Crime to insolence.

Lieut. Col. Simcoe in regard to his ordering Captain Smyths Battman from his
Horses and Baggage before he came upon the march to Mount Holly, and thereby leaving
his Baggage and Horses to be lost on the road, called upon Lieut: Murray, who being
duly sworn was examined.
Q. (by Lieut. Col. Simcoe) Do you recollect the time on a march thro the
Jerseys that you ordered Captain Smyths Battman to join his Company?
A. Yes.
Q. (by Lieut. Col. Simcoe) Was it by my Order or your own?
A. My own Order.

Lieut: Col. Simcoe in regard to his having confined Captain Smyths
Drummer, white Servant and Black Servant on the same march for no Crime, called upon
Ensign Bradstreet, who being already duly sworn was examined.
Q. (by Lieut. Col. Simcoe) Do you recollect confining Captain Smyths
Drummer, white Servant and Black Servant on the march through the Jerseys?
A. I had a picquet I recollect, and received a General Order to take all people
attempting to Straggle beyond the Piquet. I saw the three People mentioned, two of the
40
th
Grenadiers, and one of the 49
th
doing it, and I made them prisoners and sent them in.
Q. (by Captain Smyth) Did you not tell me that you had sent them in to me to
know if I had sent them out?
A. I dont recollect I did. I sent them prisoners to the Commanding Officer.
Q. (by Captain Smyth) Did you not tell me they were released upon your
application?
A. I dont remember I ever Applied, or ever told you so.
Q. (by Captain Smyth) Did you not at the time hear me complain heavily of
Col. Simcoes refusal, when I asked him to release them?
A. I did not hear you at that time: but I have often heard you complain and appear
discontented.
Q. (by Lieut. Col. Simcoe to Capt. Smyth) Did you not confine Doland of your
Company for Desertion and Villainous practices?
A. I did.
Q. (by Lieut. Col. Simcoe to Capt. Smyth) Did you not confine Corporal
Galloway and three other men for marauding at your own Quarters?
A. I believe I did.

Lieut. Col. Simcoe with respect to Captain Smyths accusing him of drafting
men from his Company against their Will and thereby occasioning them to desert, said
that however reluctant Captain Smyths men might have been the first time of their being
drafted to quit his Company: by their Solicitations, his Ignorance and temper, he has
since been induced to believe they look upon it as a great favor to be transferred to any
other Company in the Regiment. That he has never drafted any men, but what were
Volunteers to quit it; and Gonsolaz is the only bad man who applied to him, that he did
not Draft. That the good men of Captain Smyths Company have been the only men who
have applied to quit it. That Hacket deserted from Captain Smyths Company after he
had been sent back to it. For the proof of which he called upon Thomas Moore a
private Soldier who being duly sworn was examined.
Q. (by Lieut. Col. Simcoe) Do you recollect being appointed to the Grenadier
Company at Kensington?
A. Yes.
Q. (by Lieut. Col. Simcoe) Was it against your consent?
A. I did want to go.
Q. (by Lieut. Col. Simcoe) What was your reason you afterwards staid in
Captain Smyths Company?
A. Captain Smyth forbid my going, and told me if I did, he would confine me and
have me flogged.

Lieut. Col. Simcoe with respect to not suffering Ensign Bradstreet to make
stoppages from his men for five or Six and twenty pounds for four months &c. he called
upon Ensign Bradstreet who being already duly sworn was examined.
Q. (by Lieut. Col. Simcoe) Did I ever order you not to make Stoppages from
Captain Smyths Company?
A. When Captain Smyth gave me the Charge of his Company, he went away in a
great hurry without making a proper Settlement with me. I went to you and you shewed
me a paper Signed by Captain Smyth, which differed from the one he left me not signed.
I shewed the paper to the men, who were all (except a few) dissatisfied with their
accounts.
Q. (by Lieut. Col. Simcoe) Had Captain Smyth taken back the payment of his
Company, when I ordered you to pay the men their Subsistence at Oyster Bay?
A. Captain Smyth warned me that I was not to receive the next Subsistence. At
that time the money belonging to Captain Smyths Company was in my hands to the 24
th

Decemr. Upon seeing your Regimental Order, I paid Captain Smyths Company their
Subsistence. I pressed it as a favor to Capt. Smyth to settle with me, but he never would.

Lieut. Col. Simcoe in regard to the accusation of Captain McGills ranking
senior to Captain Smyth &c. said it was false and ungrateful. His having giving [sic
given] Captain Smyths Subaltern the nomination of a Noncommissioned Officer, is
because the Subaltern happened to be present, and he thought that Subaltern knew the
men better than Captain Smyth.

Lieut. Col. Simcoe with respect to his permitting Captain Smyth to be arrested
by Major Armstrong said that as the Report was made to Major Armstrong, he was the
properest Judge as he then Commanded the regiment.

Lieut. Col. Simcoe in regard to his not allowing Captain Smyth to Command a
Grand Division, alledged that Captain Smyth from ill health and inexperience is not
capable of disciplining a Grand Division. That the arrangement Capt. Smyth complained
of was a general one, and any other Captain in the Regiment might make a similar
Complaint.

That with respect to the two regimental Courts of Enquiry upon Captain Smyth,
Lieut. Col. Simcoe said the result of the Court of Enquiry were Shewen in the consequent
Orders.

That with regard to the order that no man should be received as a prisoner that
was confined by Captain Smyth Lieut. Col. Simcoe to subvert that Charge called upon
Adjutant Ormand who being already duly sworn was examined.
Q. (by Lieut. Col. Simcoe) Did you ever give an order from me that no man
was to be received as a prisoner that was confined by Captain Smyth?
A. Never
Q. (by Lieut. Col. Simcoe) Did I not give an order that Gonsolaz should not be
received as a prisoner, if confined by Captain Smyth?
A. You did.
Q. (by Lieut. Col. Simcoe) To whom did you deliver the Order?
A. To Ensign Bradstreet.
Q. (by Lieut. Col. Simcoe) Did you ever understand that I gave an order that no
man should be confined by Captain Smyth to you or any one else?
A. I never did.

Lieut. Col. Simcoe with respect to not attending to Captain Smyths Letters of
complaint, alledged that Captain Smyth is very fond of Scribbling: that his Letters are
long and improper. That he writes when he has a much better opportunity of making
Personal Complaints or Applications. That he (Lieut: Col. Simcoe) never had any
correspondence with him, but what he conceived to be purely official: but in that he
introduces Libels on his Equals, or Impertinencies (so guarded as not to be cognizable by
any Law) on his superiors. To evince what he asserted he lay before the Court two
Letters, and a paragraph of another which is as follows. Vizt.

After morning Parade, Ensign Doe immediately Struck into a long and intimate
conversation in private with Lieutenant Murray a professed Enemy of mine, to whom he
has not spoke a friendly word since we left Harlem Heights, where they had a most
notorious and indecent quarrel.

[Pages 488 & 489 are missing from the original in the Public Record Office.]

Lieut. Col. Simcoe in regard to Captain Smyths Saying Capt. Kerr who was
sent to Georgia was a witness for him in most of the Charges, but a particular one in
some; alledged that Captain Smyth never regretted the want of Captain Kerrs Evidence
the whole of the prosecution, till he came to this last Charge, where his sending him to
Georgia seems an accusation: nor did it appear in his Defence when Captain Smyth
recollected that he wanted the Evidence of Captain Kerr, it could have been to any effect.

Lieut: Col: Simcoe closed his Defence as follows Vizt.

I beg leave to submit with all deference some remarks on my particular situation
on the Evidence that has appeared before the Court.

It will appear to the Court on the face of the Proceedings that Captain Smyth has
sworn that he had a Company in Colonel Robinsons Corps, on being questioned, he
quibbles and declares it to have been a Warrant to raise men.

He has affirmed himself to be Senior Captain to any Captain in the Rangers, yet
acknowledges that he never received pay as such, and it appears that he did receive pay
as surgeon; from whence it must be inferred that he has miserably equivocated, if not
perjured himself. As to his pretensions which he has not insinuated, but accused Sir
William Howe to have been unjust to it appears that Mr. Smyth, by custom termed Dr.
Smyth, known by a publication entitled a narrative of Facts, and which would Stand at
present uncontradicted, if it did not contradict itself: with a warrant from Colonel
Robinson to raise a Company was permitted to collect a Company in Pensylvania and
attached to the Queens Rangers, exchanging his Surgeons pay and Rank for that of a
Captain.

In a Letter to the Secretary of the Commander in Chief previous to this
attachment, he complains of the intention which he had heard of, but says whatever is
thought proper, I shall submit to with alacrity. The date of this Letter 19
th
Octr. 1777,
and Sir Wm. Howe left Philadelphia in May the Year following.

On the 20
th
March 1779, The Doctor appears dissatisfied, doubts the Propriety of
his belonging to the Queens Rangers, and gives out, and wants a Troop of Cavalry and
fifteen Shillings a day. The appointment to a Company was certainly not equal to his
pretensions the Surgeon or Doctor had indulged himself in forming: Videlicet, to raise
and Discipline a Regiment of Cavalry or to Command a mixed Corps, a matter of no
small difficulty.

Captain Smyths great cause of complaint to the Commander in Chief has been
that I have not taken proper Steps to get him paid the debts of the men draughted from his
Company into other Companies. He shifts the ground before the Court, and accuses me
of having no right to pay the Bounty into the Hands of the Officers into whose
Companies the men were d[r]afted; Secretary Mackenzies Letter proves my right to
receive it. I affirm that Captain Smyths Character at Head Quarters, was that of a person
not to be trusted with the Bounty. His not chusing to call on me now for the reason why
the debts are not paid to him, which is that he cannot prove, nor will the men
acknowledge them, prove the propriety with which I acted.

Captain Smyth in substance admits that he promised, not to claim rank of
Captain McGill, confesses that he never meant to keep his promise; from a consciousness
of the impropriety of the manner in which he procured that Rank, he Suspects that I
remembered it. His fears, his jealousy is perpetually awake. He judges by himself of
others and is ignorant that some minds cannot dwell upon Injuries, are too active to be
malicious, and that contempt is the lot of an impotent Enemy.

He dare not presume to have urged his Rank while Secretary Mackenzie or Col.
Patterson was in America. He acts as if I knew he would assert what he terms his
pretensions in an unfair manner, and therefore to a Conduct formed on this knowledge, he
attributes what he calls his harrassments.

My situation is particular: Had Captain Smyths Capacity been equal to his
malignity, it might have been critical. The deficiency of a Single Evidence, the want of
memory, might have been very prejudicial to me. The Court will indulge me in
recollecting the various details, Occupations and Employments that the Command of an
Outpost, which I generally have had, must have occasioned, so as fully to engage my
attention and render me more particularly unguarded against the attacks of a malevolent
being, whose mind seems by his preparations for it to have been engrossed in the attempt
to destroy my Character.

How far a Captains calling in Question the propriety of a Commanding Officers
acting under the authority of a late Commander in Chief at the distance of many months
may operate against the Discipline of the Army and particularly against that prompt
necessary and generous custom of immediately seeking for redress of Injuries, (in the
manner they will best admit of,) which forms the true military frankness, and
Characterizes our profession I beg leave to Submit to the Court, and tho few such men
for the credit of mankind in general and of the Provincial Corps in particular may be
supposed to straggle into the Service, I make not doubt it will be thought worthy of their
greatest attention if it be not without a precedent, it ought to be so. Captain Smyth
will furnish me with his opinion of the matter in the case of Ensign Doe who at
Kensington preferred an accusation against him for plundering in Philadelphia, and which
I would not admit of, as I thought it should have been urged before, and for no other
reason had the accusation been true and his principle laudable, he would certainly have
made it long long before he did; He would have made it at Philadelphia where every kind
of proof was ready at hand; but to make such an accusation after he had been frequently
reprimanded for ill conduct, shews that malice and Falsehood are the foundation of it.

The Anxiety, variety of trouble and uneasiness which this accusation has
occasioned to me the Court will better conceive than I can express. It was in proportion
to my Rank and Character. I can confirm that I have acted impartially in my Command
and just to that good Opinion which Sir William Howe entertained of me when he gave it
[to] me, and which the present Commander in Chief expressed when in the most publick
and honorable manner he continued me in the Command of the Queens Rangers.

The Court will observe a Spirit of dictation to his superior Officer and of
ignorance of the service run thro the whole of Captain Smyths accusations; I have
answered them in the greatest Latitude; tho not accountable to him for my conduct in
any instances, I have wished to justify it, in all his endeavouring to preclude the Captains
of the Regiment from giving Evidence relative to the settlement of their mens accounts
on the miserable Idea that they were interested too much to be fair Evidences cannot have
escaped the notice of the Court.

He said on being called on for dates in part of his accusations long after his
Company was incorporated that he did not preserve them, not imagining the matter
come to this, and yet he does not appear to dwell on any particular circumstance that
induced him to sollicit redress since that period.

Assertion leads to assertion to Support mine where from the perishable
nature of Evidence, or to save trouble I am obliged to use it, I call upon every public and
private action of my Life; they will bear the Severity of Examination and the testimony of
my truth and integrity.

Captain Smyth has ever acted as if he did not belong to, but was attached to the
regiment; he has avoided every kind of service and duty with the same assiduity that the
Officers of the Corps have sought and has disgraced it wherever as a private man he has
appeared. Captain Smyth has been betrayed into truth, and Surprized into speaking
favorable of me before the Court.

I should be sorry in any other situation than the present to call upon Captain
Smyth for a Character, but the following are his written testimonies of me, during the
interval that he left the out post of Kingsbridge under pretext of sickness, and
consequently posterior to most of his accusations. Hampstead Sepr. 15
th
1778 I should
think myself very unhappy if by misrepresentations you should before this have thought
me in the wrong, but now in this true state of facts, allow myself much to hope from
your known goodness of heart and solidity of understanding, which I make no doubt
will do equal Judtice on both sides, and which at any time or in any respect, I should be
sorry to offend. and yet he now accuses a man of this goodness of heart of maliciously
garrassing him previous to this Letter and an Officer of Solidity of understanding of
drafting his men without proper authority. Novr. 10
th
he writes I long to have the
pleasure of seeing you, and am with Esteem and respect. Words that appear to mean
something more than mere Compliment.

My Lord Cathcart shewed me a Letter from Captain Smyth at Kingsbridge full of
falsehood and sollicitation to join the Legion. At Oyster Bay he has publickly and
indecently stated of that event taking place immediately, and has said that he would find
means to pull me down and with expressions of equal impertinence and consequence. In
his memorial to His Excellency the Commander in Chief, complaining of the injuries he
has received from me, and seeking for redress, he has expressed his feelings in the most
strong and as far as he can in the most pathetic manner in the Letter which I sent back to
him unopened, or he would have Stood here as the Prisoner, and which was literally
tacked to the Memorial he says, my feelings are like those of a person covered with
wounds, who finds it impossible to tell which are the most painful. He has stung
himself and his mortifying with his own poison. I have long remarked his virulent and
malignant temper while it was exerted on his Domesticks Male and Female, or preyed on
its proper object himself. He had my compassion but when it was let loose on any under
my Command, I was obliged to restrain it. I gave him much allowance and and [sic]
credit for the sufferings that he says he underwent from the Rebels, and on that account
treated him with pity rather than contempt. He must permit me now to adopt a different
conduct, and to hint to him that he detracts much from his Catalogue of Sufferings, when
in the Letter above mentioned, he says I must also acquaint you that you have
occasioned me more exquisite real pain of mind in one month than even the Rebels
could do with all their Corporal torments in eighteen. In the same Letter he complains I
called him a Lyar, and in the most aggravating terms told him that he had a bad heart
which if true he writes it would have been much better for me and the world that I had
never existed I justify the expression and admit the inference in regard to himself. As
for the World, I believe it cares but little about the matter. His protracted accusations will
make nothing in favour of the Goodness of his heart; nor the proofs he has brought to
support them of his veracity.

Captain Smyth feeling himself injured was right to apply for Redress, but neither
to his Lieut. Colonel, a General Court Martial a Commander in Chief or the Throne as he
threatens; he should have sought it from himself, by correcting the Source of his injuries,
his own malevolent passions he should have sought it in harmonizing that Chaos, that
collision of disquietude, malice and timidity, the sparks of which fly upwards from his
heart and disfigure his very countenance.










The Court having considered the Evidence for and against the Prisoner
Lieutenant Colonel Simcoe together with what he had to offer in his Defence, are
unanimously of Opinion that he is not Guilty of the Charges alledged against him, and do
therefore most honorably Acquit him: and also are unanimously of opinion that the
Charges brought against him by Captain Smyth are Malicious, Frivolous, Vexatious and
Groundless.

J. Yorke
Lt. Col. 22
nd
Regt.
President
John Blucke
Assist. Depy. Judge Advocate.

Confirmed
H. Clinton

(Great Britain, Public Record Office, War Office, Class 71, Volume 88, Pages 448-496.)