Typical Court Martial Transcript

Proceedings of a General Court Martial held at Saint John New Brunswick on the 15th day of March 1837, by order of His Excellency Major General Sir Archibald Campbell Bart Lieutenant Governor Commanding His Majesty's forces in New Brunswick. Hearing date 13th March 1837.

The warrant having been read and the Court as well as the Deputy Judge Advocate being duly sworn and the Prisoner not objecting to any member of the Court, proceeded to the trials of Private Thomas Pritchard, no 513 of Captain Murray's Company 43 Light Infantry on the following charges viz.
1st For deserting from the 43rd Regiment Light Infantry at Saint John New Brunswick on the 21st August 1835 and not returning until apprehended, in the city of Saint John NB on the 9th of March 1837
2nd For making away with the undermentioned articles of his Regimental necessaries and (unclear) viz. 2 linen shirts, 2 check shirts, 1 pair of white trowsers, 1 knife fork and spoon, 1 button stick and brush, 2 brushes, 2 pair of boots, 1 razor, 1 comb, 1 shaving brush, 1 (unclear) cap, 1 shell jacket, 1 towel, 1 pair of oxford mixture trowsers, 3 pair of stockings, 2 flannel belts, 1 pair of mitts, 1 stock and clasps, 1 smock frock and 1 (unclear) belt and breast plate

Plea - To which the Prisoner pleaded Guilty
1st evidence - Colour Sergeant Mark Poultney 43rd Regiment having been duly sworn states to the Court that the prisoner Private Thomas Pritchard was absent from (unclear) roll call on the 31st August 1835 and evidence shows that the prisoner did not return until the 9th of the present month when he was brought back a prisoner. Evidence further states that he knows that the whole of articles specified in the second charge were found to be deficient on the 22nd August 1835 the day on which the prisoners kit was inspected, and all the articles are still missing.
2nd evidence - Private William Thompson 43rd Regiment having been duly sworn informs the Court that on the 9th of this month he was sent to the town of Saint John by Major Shaw and on his way returning through the town evidencer saw the prisoner and knowing him to be a deserter from the Regiment he apprehended him and marched him up to the barracks and gave him over to the Sergeant of the Barrack Guard.
Question from the Court - Did the prisoner make any resistance when you apprehended him?
Answer - Yes the prisoner asked me what I wanted with him. I answered you are my prisoner I recollect you are a deserter from the regiment, the prisoner then asked some inhabitants who were standing by if he should go with me they said no. He then pulled against me I having hold of him by the breast; an inhabitant came over to me and asked what I wanted with the man. I told him he was a deserter from the regiment and that I had taken him prisoner, the inhabitants desired the prisoner to go with me which he did (towards the police office) when I met a young man named Mowlam whom I knew to be the son of the gaoler. I called upon him to assist me with the prisoner to the guard room; this he did.
Defence - The prisoner has nothing to say in his defence.
Opinion - The Court having maturely weighed the evidence against the prisoner are of the opinion that the prisoner Private Thomas Pritchard is Guilty of both the charges preferred against him.

The Court next proceeded to enquire into the former convictions and general character of the prisoner, and called upon Lieutenant and Adjutant Priestley 43rd Regiment who being duly sworn was questioned by the Court as follows.
Question - Has the prisoner had notice that his former convictions and general character would inquired into?
Answer - Yes I gave him the notice and further state that it appears by the Regimental Court Martial Book that the prisoner was tried by a Regimental Court Martial, on the 11th August 1832 on the following charges.
1st For being absent from his quarters at George Street Barracks Dublin at tattoo on the 9th August 1832 and not returning until about 8 o'clock on the evening of the 18th instant
2nd Making away with or losing through neglect the following articles of his Regimental necessaries viz. one pair of cloth trowsers. Found Guilty and sentenced to undergo 20 days solitary confinement and to be put under stoppages until the price of the pair of trowsers be made good. Sentence inflicted.

Tried by a Regimental Court Martial on the 17th January 1833 on the following charges
1st For being absent from his quarters at the Pigeon House, Port Dublin at tattoo on the evening of the 14th January 1833, also from a general parade of the Detachment on the morning of the 15th January 1833 and not returning until 5 o'clock p.m. on the 15th instant.
2nd Making away with or losing through neglect the following articles of his regimental necessaries viz. one shirt, one pair of boots, and two pair of stockings.
Found Guilty and sentenced to receive a Corporal Punishment of 200 lashes which was inflicted.

Tried by a Regimental Court Martial on the 11th June 1833 on the following charges.
1st For being drunk when returning off Pass at Carlow on the morning of the 7th June 1833
2nd Making away with or losing through neglect the following articles of his Regimental clothing viz. one pair of black cloth trowsers and one pair of white trowsers, found Guilty and sentenced to undergo twenty days solitary confinement and be put under stoppages until the price of the necessaries be made good. Sentence inflicted.

The prisoner had served 9 years and 10 months in the regiment previous to his desertion and his age is 29 years, his general character is bad.

Sentence. To be transported as a felon for 14 years and to be marked with the letter D.
The Court having previously found the prisoner guilty of both the charges preferred against him, which being in breech of the articles of war, do by virtue thereof now sentence the prisoner Private Thomas Pritchard No 513 of the 43rd Regiment to be Transported as a Felon for the term of fourteen years and furthermore to be marked with the letter D in the manner prescribed by the Mutiny Act.