PROCEEDINGS OF A GENERAL COURT MARTIAL, Held in the Barracks of Dublin on Friday 12th July 1799, and continued by adjournment until the 26th of the fame month, in purfuance of a warrant from Lieutenant General CRAIG, dated 10th July 1799, by virtue of a warrant from his Excellency the Lord Lieutenant General and General Governor of Ireland. JOSEPH ATKINSON, Efq. D. J. Advocate General, and Judge Martial. THE Court being met and duly fworn, and the Judge Advocate being alfo fworn, proceeded to the trial of Captain John Giffard, of the Royal Dublin City Regiment of Militia, brought prifoner before the Court on the following charges: 1. For difrefpectful conduct to his commanding officer particularly, on parade on Sunday the 14th of April. B For 2. For neglect of duty, and inattention to his conpany, to the great injury of that company and of the service. 3. For difobedience of orders 4. For fcandalous and infamous conduct, unbecoming the character of an officer and a gentleman, in having made a falfe return of the neceflaries wanting to complete his company, and in having directed a ferjeant of faid regiment to make a false return of the neceffarie wanting to complete his said company, particularly under the head of fhoes, by returning a smaller deficiency than there actually exifted, in order thereby to impofe on his commanding officer, and prevent him from knowing that the King's ftanding orders, or his own, had not in that inftance been complied with. The prifoner, Captain Giffard, being duly arraigned, pleaded NOT GUILTY. Major John Sankey, of the Royal Dublin Regiment of Militia, being duly fworn, deposeth, That Captain Giffard, the prifoner, had apart ments in the barracks of New Abbey, near Kilcullen, which he ceased to occupy, and deponent knows of no liberty the prifoner had not to refide in the barracks till the 27th February laft; (as near as deponent recollects)-That the prifoner had alfo frequently abfented himself from parades, which induced deponent to write him a letter, faying, that he could not, confiftently with the good of the fer'vice, fuffer fuch neglect. And deponent fayeth, that on the third of April laft, he directed Enfign M'Mahon, his orderly officer, to write to the prifoner; the copy of which is as follows: Sir, New Abbey, April 3d, 1799. IT is Major Sankey's orders that you account for your abfence from parade fince reported convalefcent by the Surgeon, and particularly fince the muster. Wednesday evening. I have the honor to be, Your moft obedient, &c. Adam M Mahon, Enfign. R. D. M. Orderly Officer. To which deponent received no answer. That at the expiration of two or three days deponent fent Enfign O'Hara to the prifoner, to mention, that he, deponent, had received no answer; and also, that there was an order or two in the book, which he, the prifoner, had not attended to: That he, Enfign O'Hara, brought deponent for anfwer, that the prifoner had answered the letter to Caftle Martin; that as to orders, deponent prevented him from-feeing the orders, or words to that effect. That on the parade, at New Abbey, on the 14th April laft, the men having paraded with fide arms for church (before the officers had fallen in) deponent went up to the prifoner, who was then writing (as deponent believes) his morning state, and faid, "Captain Giffard, you fent me a meffage by Enfign O'Hara, that I prevented you from feeing or fending the orders to you. If you had looked at your orderly book you would have feen I had given very particular orders with respect to fhewing the officers the orders."-That the prifoner replied, "Sir, that was after;" and added, that deponent had prevented the orders being fent him (or words to that effect).That deponent anfwered, "Sir, if I did, it was when you had apartments in the barracks, and if you were out of them, it was not with leave."-That the prifoner 1 prifoner replied, (as nearly as deponent recollects) 66 Sir, I fay it is not fo; I have the Colonel's leave, for which I am obliged to him and to nobody else." Deponent was furprized at the prisoner's manner, and wished to have the business explained to him— deponent faid, "I believe, Captain Giffard, that Colonel Sankey did give you the alternative of giving up your apartments or refiding in them, but you had not done either," which affertion the prifoner again contradicted nearly in the fame words as before related, (as deponent recollects). That the prifoner then ordered a non-commiffioned officer to take care to fend him the orders to Giltown every day by an orderly man, at an hour most convenient to himself; although neither the custom of the regiment or deponent's orders permitted fuch.-That deponent then faid, "Captain Giffard, you are now at quarters, you should inform yourself of the orders." The prifoner replied warmly, "I fhall read them at my leifure." Deponent begs leave to obferve, that at the time he spoke to the prifoner of the meffage brought him by Enfign O'Hara, the prisoner faid, "Sir, the parade is no place to talk to me about such business;" upon which the prisoner mounted his horfe and rode off-that is to fay, after mentioning that he would read the orders at his leifure. Deponent fayeth, that it is the cuftom of the regiment on Sundays, to form the parade after Divine Service, and march off the guards, and that the prisoner did not attend on Sunday the 14th of April laft for that purpose. Deponent fayeth, that as to neglect of duty, and inattention of the prifoner to his company, that feveral men of the company had been prevented from parading, mounting guards, or going on commands, for want of neceffaries. That his, the prifoner's company, was not fubfifted in due time; and, as to the prifoner's difobedience of orders, he, the prifoner, did not provide his company pany with neceffaries, agreeable to his Majefty's regulations, particularly of the 21st September, 1795, and 3d June, 1797; and that the prifoner did not provide his company with ammunition, when ordered by Colonel Sankey fo to do. Cross-examined by the Prisoner. Prifoner to Major Sankey. Q. Was I commanding officer at New Abbey, before you came to the regiment? A. You commanded when I came there. Q. Did I not referve the two beft rooms in the barrack for you? A. Not to my knowledge. Q. Did General Dundas order me to do duty as Major? A. He did to do Field-officer's duty till Major Crampton joined. Q. Was I not ordered on command as a captain, during the time I acted as Field-officer, by orders of General Dundas? A. The captain next for duty was ordered, and it happened to be you. Q. Were not my rooms in New Abbey occupied before my return? A. No; but one of your rooms, occupied by Surgeon Smith. The prifoner produced a letter from Major Sankey, which was admitted by the Major, and after its being read in court, is annexed, marked No. 1. Q. Have you not heard, and do you not believe, that the ftate of Mrs. Giffard's health was fuch, that confinement with her family, in a fingle room in the barracks, would have been fatal to her? A. I did hear it, and do believe it. Q. Do you not believe, that when Colonel Sankey gave me the alternative which you have ftated in your |