Gentlemen

Inclosed is a Copy of a Court Martial held on Board the Ship Lion the 25^th. November 1777 and the Characters of the Prisoners from their Commander, they are at present in close confinement in Burlington Goal and will Remain there untill your pleasure is known I remain [&c.]

[Enclosure]

In Court Martial held on Board the Ship Lyon Nov^r. 25^th. 1777—

John Stewart Masters Mate of the Ship Repulse and James Ledlie Master at Arms of the same Ship stands indicted before this honorable Court of deserting their posts when it was their Watch on Deck and in sight of the Enemy. John Pemberton Armourer, John Campbell quarter Master and Michael Tarney a Boy stands Indicted of Deserting from said Ship in sight of the Enemy and taking away a Boat with four Muskets and four Cartridge Boxes in Company with the above named John Stewart and James Ledlie—

The Prisoners acknowleged the charge of taking away the Boat but alledged that it was not with an intent of deserting—

Evidence

John Kidney deposes and says that on Thursday the 20^th. November instant in the Morning that John Pemberton Armourer came and releived said Kidney off Centry and told him to go down below as likewise did James Ledlie the Master at Arms—

Lieu^t. Matthewman deposes and says that he was on board the Sloop Surprize being his Watch on Deck, that on Thursday the 20^th November instant about three Quarters of an hour past Four in the Morning about three quarters flood, he hear'd a Boat rowing for some time on the Pennsylvania side before he could see her, he heared a Boat hailed by the Arnold Battery but could not distinguish what answer was made. Lieu^t. Matthewman ordered M^r. Roberts the Mate to hail her, they answered the Putnams Boat. Lieu^t. Matthewman then ask'd where they were bound, they answer'd ashore, he then asked who commanded the Boat, they said Cap^t. M^c.Knight, L^t. Matthewman immediately ordered them along side and thinking they hesitated ordered one of the four pounders to be pointed at them, he then hailed them and to bear a hand along side, their answer was they were coming as fast as they cou'd, when they came along side they told him (L^t. Matthewman) they were carrying apart of Cap^t. Brewsters Clothes ashore to Cap^t. M^c.Knight, and that there was a Waggon waiting for them, and that Cap^t. Brewsters Wife would be there by the time they would have the Cloathes in the Waggon. Lieu^t. Matthewman order'd them on board the Sloop and inform'd Cap^t. Dunn of the whole of the proceedings, after Cap^t. Dunn examined them, he order'd them to remain on board, the Master at Arms James Ledlie begged permission to permit the Boat to go ashore with some of Cap^t. Dunns Men, which when granted said there was no occasion they were his own Clothes, asserting he had a Right to provide a place for his Cloathes, as other principal Officers were doing the same. Lieu^t. Matthewman ask'd where they got the Arms they answered it was no matter that he would hear enough of it before long, they had a quantity of Provisions in the Boat and were rowing along the Pennsylvania Shore—

Cap^t. Benjamin Dunn deposes and saith that on Thursday the 20^th. of November Instant, about a quarter before five OClock in the Morning he heared a Boat hailed from the Battery but could hear no answer, afterwards he heared M^r. Roberts Mate of his Sloop Surprize hail her, but could not hear any answer, Lieu^t Matthewman who was on Deck ordered the Boat along side who (L^t Mⁿ) afterwards told him it was the Repulse's Boat with some Officers in her, who said they were taking some of Cap^t. Brewsters Wife's Cloathes ashore, he told L^t Matthewman to send the Officer in the Cabin, the Officer was James Ledlie, Cap^t. Dunn asked him where he was going his answer was that he was taking part of Cap^t. Brewsters Wife's Clothes to Cap^t. M^c.Knight, as M^rs. Brewster was going to Egg harbour Cap^t. Dunn answered the Clothes that belonged to Cap^t. Dunn Brewster he would have them sent ashore in his own Boat, and would keep him on Board with the rest of the Men, James Ledlie after Cap^t. Dunn ordered the Boat to be manned in order to take the Clothes ashore, said it was needless as the Clothes belonged to himself, Cap^t. Dunn asked him the Reason why he said they belonged to Cap^t. Brewster's Wife, because he thought they would not be let pass, Cap^t. Dunn asked him where he was going to leave his things, he answered at Captain M^c.Knight's. Cap^t. Dunn ask'd him where his Wife was, he said in Town, he asked them where they found the Arms, Michael Tarmy One of the Prisoners said the Master at Arms gave them, Cap^t. Dunn again asked them who had the Watch on Deck, they answered the second Lieutenant.—

It appears by their own Confession they were the only Officers on Deck when they left the Ship, Cap^t. Dunn ordered the Boat to be unloaded with the Clothes Provisions, Four Muskets and four Cartride Boxes and put a guard over them—

Upon a due and impartial consideration it is the unanimous opinion of the honorable Court that John Stewart Masters Mate, James Ledlie Master at Arms, John Pemberton and John Campbell Quarter Master all of the Ship Repulse are to be hung off the Yard Arm of any Continental Vessell, and that Michael Tarmy of the same Ship receive Thirty Six lashes on his bare back with a Cat of Nine tails as being a Boy and called out of his Bed—Sign'd for and in behalf of the Court—

John Barry Pres^t

The Charecter of James Ledly Master of Arms, John Stewart, Masters mate, John Cammall Quarter master John Pemberton Armour & Michael Tarney all Belonging to the ship Repulse Peter Brewster Esq^r. Commander and found guilty of Desertion at a Court martial held on Board the Ship Lyon November 25^th. 1777—

James Ledly has Behaved himself on board the ship Repulse, and Discharged his Duty on Every Occasion, he has since the time of his Entry been Intrusted to go in the boat, and particulary went as an Officer in the look out boat to watch the Enemy's motion where he might have Different opportunities, but always found him true and faithful till this last affair—

The said Ledly has an unblemished Charecter whilst in the Land Service as appears by a Charecter signed Colon^l. Alexander Hamilton.

From the General Character of M^r. James Ledly and from my own Observations on his Conduct for a considerable time past I have all Reason to Beleive him Discreet well Behaved man and a good Soldier, he has a good Deal of Practice in the Artillery and as he has Embarked early in the Service, and have Evidenced a Uniform Zeal and fidelity he Deserves all proper Encouragement from the Public Philad^a. Feb^ry. 10^th. 1777—

a true Coppy

A. Hamillton.—

John Stewart has behaved himself during his time on board the Repulse all but the last Affair—

John Cammall has done the like—

John Pemberton has done the like

Peter Brustar