To His Excellency Gov. Caswell
Extract from the proceedings of a brigade court martial held in consequence of general orders at White Marsh Nov. 1777 Col James Hogun president; before which court Capt Thos Granbury came prisoner, being accused of “Misdemeanors unbecoming the character of an officer” Capt. Granbury denying the charge, the following evidences were sworn in court viz: Ezekiel Jones, who deposed that whilst Capt. Granbury was recruiting in North Carolina, a certain John Jones enlisted with him for the time of six months, Soon after which a certain Wm Hinton offered the prisoners
Q Did Capt Granbury receive the four pounds which Mr. Hinton offered?
A I cannot tell; but J Jones did work for Mr. Hinton to that amount.
Q Did J Jones ever do duty as a soldier after this? A He did not.
Q Had Jones received the bounty? A. I believe he did, I saw him sign an enlistment
Q Do you know any thing of Jacob Bagley's enlistment?
A He told me he was enlisted; and he served as a soldier till the company got to Long Bay So. Carolina, where he stopt sick, & he never joined the company again; and he told me he had given Capt. Granbury five pounds for his charge.
William Marston, who deposed that he saw & heard read a discharge signed Thos. Granbury for Jacob Bagley, who told this deponent that he gave Capt Granbury five pounds for it.
Q Was Jacob Bagley properly enlisted?
A I do not know, but he did duty as a soldier in Capt. Granbury's company, till he was left sick on our march to So. Carolina.
Q For what term was he enlisted? A I believe six months.
Q When was he enlisted? A I believe in May 1776
Q What do you know of John Jones being discharged?
A He told me Mr. Hinton gave capt. Granbury four pounds for his discharge.
Q Did Capt Granbury ever send for Jones or Bagley after they had got their discharges?
A John Jones told me offered to return him the four pounds telling him he must serve out his time, which Jones refused to do.
Rueben Knight who deposed that Jacob Bagley told him he had purchased his discharge from Capt. Granbury for five pounds that William Hinton told this deponent William Barlow had also got his discharge from Capt. Granbury, on condition he would attend the Mill of Mr. Granbury senior one year.
Q For what term was Mr. Barlow enlisted?
A I cannot tell. He did duty in our company till he got to Charles town South Carolina.
William Smith, who deposed that William Barlow told him, he had got his discharge from Capt Granbury, on condition he would attend Mr. Granbury's mill for one year, which condition he was then fulfilling.
Q By the prisoner. Did not Wm. Barlow agree with you to serve in his stead?
A He did not. I enlisted in my own name and for myself—Barlow was still in the service & being an acquaintance, I enlisted into that company that I might be with him.
Q By the court. Did Barlow continue at the Mill after your enlistment? A He did
Q What bounty did Capt Granbury give you?
A Twenty Dollars.
Capt. Granbury's witnes being out of camp, the court adjonrned till 9 O'clock to morrow morning.
Tuesday 18 Nov. 1777 The court met according to adjournment and Capt. Thomas Brickle being introduced by the prisoner was sworn and deposed that in the evening after John Jones was enlisted his brother (a boy) dropt into deponent's house a paper, in which was inclosed the three pounds that the prisoner had given Jones in part of the bounty & that John Jones absconded, that some time afterwards Jones was apprehended by another of the name of Jones, who charged for his trouble therein forty shillings, which money Joseph Granbury paid him, & as no troops were then in that part of the country he discharged Jones, on being reimbursed the forty shillings.
Q Did Mr. Josiah Granbury know John Jones had been enlisted? A He must have heard of it but he was not present at his enlistment.
Q Was ever the prisoner in that neighborhood afterwards, or did he ever endeavour to have Jones brought up to the regt?
A He was not there for some months, and upon hearing his brother had discharged Jones, he gave him up.
Q. When the prisoner returned where was this Jones?
A In Chowan County where Capt. Granbury resides.
Q Do you know if John Jones paid a valuable consideration for his discharge & what?
A I do not know that he did—but he worked with Wm Hinton to repay the expence of apprehending him.
Q Do you know Jacob Bagley and was he a soldier?
A I know him and know he was a soldier in Capt. Granbury's company.
Q Do you know any thing of his being discharged?
A Capt. Granbury discharged him, because he was then sickly But he was healthy & well, when the troops marched last spring for Carolina. His being sickly induced Capt. Granbury to tell him if he could get an able bodied man in his room he would give him a discharge; & Mr. Granbury Sen. & Barlow told me he had got one Smith to take his place. Q Do you know if Smith got the bounty of Barlow? A I cannot tell
Q. For what time were these soldiers enlisted?
A Agreeable to Resolve of Congress, three and one half years?
Q When were they enlisted? A In April or May 1776
Q When were Barlow & Bagley discharged?
A Uncertain when, but much within a year after their enlistment. The prisoner in his defence observed to the court that the soldiers, whose depositions were taken, were offended with him for not giving them their discharges, which he refused to give, because their time was not yet expired That with respect to John Jones, he thought he might let him go, because he had not any of the country's money in his possession. A muster roll was then produced signed by Capt Granbury and dated July 23rd 1776 wherein were returned John Jones deserter, Jacob Bagley sick absent & William Barlow effective present.
The court then taking the whole matter before them into consideration, were unanimously of opinion, that Capt Thos. Granbury had discharged several soldiers contrary to 2d art sect. 3d of the articles of war. It was also the unanimous opinion of the court, that Capt. Thomas Granbury by thus discharging, as he thought proper, soldiers belonging to the continental army, had broke art 4th sect 12th of said articles, inasmuch as he thereby misapplied the money with which he had been entrusted for the purpose of enlisting men into the service of the United States; therefore it is their opinion that Capt. Thomas Granbury ought, and he is hereby adjudged, to be cashiered, But as it is impossible to determine here, what sum of money he ought to refund agreeable to the last mentioned article of war; it is the opinion of the court that the judge advocate transmit & he is hereby ordered to transmit,
It is farther the opinion of the court that agreeable to Act 22 Sect. 13th of the articles of war, Capt. Thomas Granbury's name, place of abode, crime and punishment, be published in the newspapers in & about camp & of that particular state, which he came from, or usually resides, after which it shall be deemed infamous for any officer to associate with him.
Copied from the minutes of the court this 18 May 1778.