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Return of the Regiment of Artillery in the service of the United Colonies, commanded by HENRY KNOX, Esq., May 5, 1776.
Two Cadets, exclusive of the above.
Four deserted since last Return.
HORATIO GATES, Adjutant-General.
Proceedings of a General Court-Martial of the line, held at Head-Quarters, in the City of New-York, by order of His Excellency George Washington, Esq., General and Commander-in-Chief of the forces of the Thirteen United Colonies, for the trial of all Prisoners to be brought before them, April 29th, 1776.
WILLIAM TUDOR, Judge Advocate.
The Court being duly sworn, proceeded to the trial of Lieutenant Grover, of Captain Wilkinsons Company, in the Second or Colonel Reeds Regiment, brought before the Court and accused of insulting Captain Wilkinson, disobeying his orders, and giving him insolent and abusive language.
Lieutenant Grover being arraigned on the above complaint, pleads Not Guilty.
Evidence in support of the complaint.
Lieutenant-Colonel Hartley deposes: Yesterday morning Colonel Reeds Regiment was parading. Happening to be near the quarters of that regiment, observing there was some talk at Captain Wilkinsons Company, I went up to it. There stood two or three officers talking about the Captain heading the company, when Lieutenant Grover said he did not know who was the Captain, nor where to find him whether in Heaven or Hell. Upon this speech the men raised a loud laugh. The air and manner of Lieutenant Grover was insulting, and, in my opinion, very provoking.
Major Trumbull: 1 was with Colonel Hartley yesterday morning, at the time he has mentioned. I went up to Captain Wilkinsons Company, where stood Colonel Reed, Captain Wilkinson, the prisoner, and another subaltern. Colonel Reed observing, in good humour, that there were four likely officers standing together, the prisoner asked who they were. Colonel Reed replied, the officers of this company. The prisoner said he did not know who his Captain was. Yes you do, answers the Colonel; here he is, (pointing to Captain Wilkinson.) On this Lieutenant Grover said he did not know where to find his Captainwhether in Earth, Heaven, or Hell. This speech produced a laugh among the company. Lieutenant Grover affected to act the Captain, and assumed airs of much superciliousness.
Colonel Reed: Soon after Captain Wilkinson arrived in town, about ten days ago, in my room, I introduced Mr. Wilkinson to Lieutenant Grover and Lieutenant Maxwell, as their Captain; upon which Captain Wilkinson took out two commissions, and presented one to each of them; they refused to accept the commissions; Lieutenant Grover said he would not take a commission under Captain Wilkinson. I then tendered the commissions to them, which they refused to receive. The same day, in Brigade orders, Captain Wilkinson was declared the commander of the company in which the prisoner was Lieutenant. Captain Wilkinson has been more than once upon duty since this. Yesterday morning, when the men were parading to be mustered, Lieutenant Grover presented me a muster-roll of the company. Finding Captain Wilkinsons name not inserted, I asked him how that omission happened. He replied he did not know who his Captain was. I observed he must have known that Captain Wilkinson was. What answer he gave me I forget. I confirm the substance of Major Trumbulls deposition.
Sergeant Adams. Question: Did not Captain Wilkinson yesterday, when his company was marching off the parade, order Lieutenant Grover to march the men to the barracks, as he was unacquainted with them?
Answer: He did. Lieutenant Grover replied he wanted himself to go to his barrack, and immediately walked off. I marched the men to their quarters. Yesterday morning, in Lieutenant Grovers room, the prisoner asked Captain Wilkinson if he had done the business he undertook, (meaning as I understood, the making up a muster-roll.) I dont know what reply the Captain made him.
Question: Did the prisoner tell Captain Wilkinson that he was as capable of making a muster-roll as of doing anything else?
Answer: He did, in a sneering manner.
Question: Did Lieutenant Grover tell Captain Wilkinson that he was not a man of honour, or he would not have come into the company?
Answer:Yes, he did.
Lieutenant Maxwell. Question: Have you heard Lieutenant Grover say that if Captain Wilkinson was put over him he would not obey him?
Answer: I have heard the prisoner say, if Captain Wilkinson was put over him he should not choose to obey him, but would quit the service. Yesterday morning, when the company was parading, Captain Wilkinson said the place was inconvenient, and it would be best to parade the men somewhere else. Lieutenant Grover replied, he might parade them on top of the house. This was angrily said, and in hearing of the men.
Q. M. Fry. Confirms Major Trumbulls deposition.
Sergeant Davis. Yesterday, when the company was marching from the place where they had been mustered, Captain Wilkinson asked Lieutenant Grover to march the men to their barracks. Lieutenant Grover replied in anger, he wished the Captain would do it himself; and went off. I have several times heard Lieutenant Grover say he should not choose to obey Mr. Wilkinson.
The evidence being finished in support of the complaint, the prisoner moves the Court that he may have time till to-morrow to procure evidence.
The Court consent to the motion, and the further hearing of this case is postponed till Tuesday, 30th April, at nine oclock, A. M.
April 30.The Court resume the consideration of the case of Lieutenant Graver, adjourned from yesterday.
Lieutenant GROVER produced the following witnesses.
Colonel Stark. At Winter Hill, before any Captain was appointed to the company of which the prisoner was Lieutenant, I heard General Sullivan promise Lieutenant Grover that no person should be put over him except Captain Ogden, if he could help it.
Colonel Reed. Confirms what Colonel Stark deposes, and adds, that all the men in that company were inlisted by the prisoner and Lieutenant Maxwell.
The Court being cleared, after the maturest consideration are of opinion, that the prisoner is guilty of insulting Captain Wilkinson and disobeying his orders. But it not being in the power of the Court to affix any punishment for said offence other than cashiering, imprisonment, or fine, and the Court not being of opinion that the prisoner is so far guilty as to merit cashiering, do adjudge that the prisoner be mulcted of one half months pay.
LOAMMI BALDWIN, President.
LIEUTENANT GROVERS DEFENCE.
GENTLEMEN: As I am called before this respectable Court, pray indulge me a few moments. When I first took