The Murder of the 4th's John Wilkins
At a General Court Martial held at German Town, in the Province of Pennsylvania, on Monday the 6th of October, and continued by Adjournment to [blank] 1777, by virtue of a Warrant from His Excellency Sir William Howe, Knight of the Most Honorable Order of the Bath, General and Commander in Chief of all His Majesty’s Forces, within the Colonies laying on the Atlantic Ocean, from Nova Scotia to West Florida inclusive &c &c &c.

Lieutenant Colonel Charles O’Hara, Coldstream Regimt of Foot Guards, President.

Lieut. Colonel Sir George Osborne, 3d F. Gds. Lieut. Colo. Thos. Howard 1st. F. Gds.
Capt. James Hamilton Coldm F. Gds. Capt. John Stewart R. Artillery
Capt. Robert Crane 33d Foot Capt. Hon. Lionel Smythe 49th Foot
Capt. George Seymour 17th Foot Capt. Hon. Colin Lindsey 55th Foot
Lieut. Alexr Cameron, 46th Foot Lieut. John Moore, 40th Foot
Lieut. James Edwards, 28th Foot Lieut. Gage Barbut, 15th Foot
Stephen Payne Adye Esqr Deputy Judge Advocate

The President Members and Judge Advocate being duly sworn.

Roger Thorne, Corporal in the 16th (or Queen’s) Regiment of Light Dragoons was brought prisoner before the Court, and accused of the murder of John Wilkins, private soldier in the 4th or King’s own Reigment, to which he having pleaded not Guilty the following Witnesses were examined vizt.

Alexander Sheppard, private soldier in the 16th Regiment of Dragoons, being duly sworn, deposed that about 12 o’Clock on Saturday night last, he was posted by the Prisoner, who was then Corporal of the Guard, as Sentry over the Troop horses; that after he had stood about half an hour, the deceased John Wilkins, came up and called to him saying, you bougre, are you Sentry over those horses, and the Witness answered that he was, the deceased then said that if he could get to him, he would give him a good licking, upon which the Witness bid him go about his business, as he had nothing to say to him, that there was at that time a horse loose, which the Witness was endeavouring to catch, and in the mean time the deceased came into the lines, and whilst the Witness was tying up the horse that had been loose, the deceased took away the Horse which stood at the left of the line; that after tying up the one that had been loose he went along the line to see whether the rest were safe and looking over the fence, he saw the deceased running off with the horse he had taken, that upon calling to him, he answered, kiss my arse you bougre, and the Witness then awakened the Prisoner, and told him what had happened, and he answered it must be the foolish man called Billy the ram, but the Witness answered that he would not have given him such language; that he (the Witness) then ran after the deceased, and desired the prisoner to get his Carbine or pistol, and endeavour to overtake him and upon the Witness running after him and calling to him to give up the horse, he repeatedly gave him the same language, he had done before, that just as he was ascending the hill, and getting out of the high road, into an orchard, the Witness laid hold of him, and whilst he was struggling with him for the horse, the prisoner came up, and shot him with a pistol. Q. (by the Court) Had he the Witness sufficiently secured the deceased, when the Corporal fired?
A. no, he had not; they were still struggling.
Q. Did the Prisoner speak to either the deceased or the Witness before he fired?
A. He did not hear him.
Q. Could he perceive at the time that the person he was struggling with was in a british uniform?
A. No it was so dark that he could not distinguish his uniform, but rather took him for a rebel.
Q. What distance was the prisoner from the deceased, at the time he fired?
A. About two yards.
Q. Did he kill him on the spot?
A. No, after receiving the wound, which the Witness thinks was in the breast, he repeatedly said, I ask your pardon, and they then left him.
Q. Did he (the Witness) see the deceas’d again?
A. Yes, in about an hour and a half afterwards, he went back to the place, where he had been shot, and he was then lying dead.
Q. Did the deceased immediately fall upon receiving the wound?
A. He staggered backwards a few paces, and then fell.
Q. Did he or the prisoner make any report of what had happened?
A. The Prisoner told the Witness that he would go to the Serjeant Major in order to make a report of it.

William Grey Serjeant Major of the 16th Regiment of Dragoons being duly sworn deposed that about 8 o’Clock last Saturday Evening, he paraded the guard consisting of the prisoner and three private Dragoons, and they were then all sober; that he did not hear anything from them till day break the next morning when the prisoner came to him, but was informed by several of the Servants in the yard, that they had heard the prisoner asking for him, but he (the Witness) did not lay in the same room that night that he used to do. That on the prisoner coming to him at day break he informed him that he had shot a man, who was taking a horse out of the line; and upon examining Sheppard, who had been Sentry at the time, he gave the same account of the matter, as he has given in Evidence before the Court.

The Witness being questioned with respect to the general Conduct and behavior of the prisoner, deposed that he ahs been four years in the Regiment and three quarters of a year in the same troop with the Witness; that during the whole time he has behaved soberly and like a good soldier, and not prone to quarrels and disputes, but rather of a contrary disposition, the Witness was therefore the more surprised to hear of such an accident having happened to him.

Captain Thomas Nash of the 16th Regt of Dragoons, being duly sworn and questioned with respect to the Prisoner’s general conduct and character, deposed that whilst he was a private Dragoon, as well as since he had been made a Corporal, eh had been a sober quiet man, and of an unexceptionable character; that Major Gwyne, who commanded the troop to which the prisoner belonged, desired him to inform the Court, that he would also have attended in order to give testimony of the prisoner’s good character, had he not been on duty.

The Prisoner in his defence said that upon Sheppard reporting to him that some man had taken a Horse out of the lines, and desiring him to get his pistols, he imagined that it was some rebel prisoner, who had made his escape, out of the Provost Guard, and wanted a horse to carry him off, and taking one of his pistols, he ran after him up the road, that the deceas’d was then making off from the Town, and seeing him struggling with Sheppard, he called to Sheppard to stand out of the way, and then fired; that he was the more cautious upon this occasion, as having been before been tried, when he was a launce Corporal, on account of some Sentries of the guard he commanded, having let a horse loose out of the lines; that immediately after the affair happened he went with an intention to report it to the Serjeant Major, but could not find him on account of his having removed from the room, in which he used to lay; that with respect to the transaction between him and the deceased, he rested his defence of it, on what had been given in evidence.

The Court having duly considered the evidence for and against the prisoner Roger Thorne, together with what he had to offer in his Defence, is of opinion that altho’ he was the cause of the Death of John Wilkins, it being done in the execution of his Duty, he is not guilty of the Murder, and doth therefore acquit him.
Chas OHara
Steph. P. Adye President
D. Judge Advocate Confirmed
WHowe
[WO 71/84 p. 337-342]