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DUNDEE COURT-MARTIAL RECORDS 37
The informations of Sergeant Westley, Ens. Scoble,
and Corporall Scaithe read.
Rooke Westley sergeant in Col. Cobbett’s owne company
sworne and examined, saith, that uppon Thursday last
the deponent being commanded by the Captain Lieu¬
tenant to goe fetch provisions, and to take some men
alonge with him for that purpose. That as hee was going
alonge and seing Evan Owen of the said company passing
by, hee commanded him to goe along with him, who
said, hee scorn’d to goe for him or any sergeant in the
regiment to fetch provisions. Wheruppon the deponent
tooke him by the shoulder and said hee should goe. Wher¬
uppon the said Owen struck the deponent with his fists,
endeavouring att his face. That afterwards strugling
with the deponent, hee drew away his scabbard from his
sworde, struck the deponent’s hatt off from his head, and
stamp’t itt in the dirt.
Rooke Westley.1
Thomas Scoble, Ensign to Col. Cobbett’s owne company,
saith, that hee saw Evan Owen above named strike Sergt.
Westley with his fists, and that being scuffling together
the deponent parted them, and committed Owen to the
guard.
The marke of X Thomas Scoble.
Evan Owen denies that hee strucke the Sergeant,
saies, hee was hurt and soe could nott carry any provisions.
Jo: Warne saith, that hee was by when the Sergeant
commanded Evan Owen to carry biskett, that hee said
hee was disabled, that the officer drew and struck him
with his sworde in his scabbard, and theruppon the
scabbard fell off, that closing with him hee struck him
with the pummell of his sworde.
Question. Whether to try Evan Owen uppon the 5th
Article for Duties to superiors, or noe ?
Resolved, to try him uppon the Article for Misdemeanour.
Question. Whether hee bee guilty of misdemeanour ?
1 Confirmatory evidence of Corporal John Scaith omitted.

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