APPENDIX, No. 16. Evidence of the Profecutor ftruck out of the minutes of the Court. AFTER deponent was informed by Colonel Sankey, that Captain Giffard was to remain in his quarters, or give up his rooms, deponent perceived that non-commiflioned officers used to go to Captain Giffard at night to Giltown, which was a bad place outfide the pofts. Deponent thought he ought to be in his barrack at the Abbey. Deponent never understood that Captain Giffard had leave to be out of his quarters. Colonel Sankey told deponent that he had got no fuch leave-it was not acquiefced in-it was abfolutely forbidden. Court to Major Sankey. Q Was there an order that he should not be out of barrack? A. There was not. Deponent did fay, that it was not right to fend the orderly book to Giltown; a place fo dangerous, that the prifoner was accustomed to take an efcort of cavalry with him to go his rounds. THE foregoing pages have been printed from the Judge Advocate's copy, with fuch ftrict attention to that authentic document, that even literary errors have not been amended. Under the preffure of perfecution, and in the hurry of defence, the accufed may reasonably be fuppofed to have omitted many ftrong circumftanees in his favor. He should not have forgotten to call upon Captain Dun, of the 7th Dragoons, who commanded a body of cavalry in the march from Baltinglafs to Rathdrum; or Major Hardy, of the Antrim, whom he found commanding there; or Lieutenant Colonel O'Hara, who afterwards commanded; or on Colonel Jones, of the Leitrim, who fucceeded him. These are all excellent officers, and men of high honor; they could speak of the zeal and exertion of the accused, but Major Sankey's own witneffes made it unneceffary. As foon as the fentence of the Court Martial had been promulgated, but before it was executed, Major Sankey fent to Captain Giffard, to fay, that having, in his defence, made ufe of fome declarations feverely affecting the Major's character, he must either apologize for them, or give him a meeting. The Captain replied, that he had spoken nothing but plain truth in plain language, that this truth was neceffary to his defence, against charges of an infamous nature, arifing, as it appeared, from private pique; that if Major Sankey felt his reputation injured, he had a right to call for a Court Martial on himself; where, if Captain Giffard had uttered aught but truth, he might prove the injury, and cover him with confufion; that Captain Giffard very much doubted whether he ought to meet Major Sankey at all, but, certainly, he had too much refpect for difcipline, to do fo unwarranted a thing while he was in arreft, and the fentence of the Court not executed. The fentence being executed, Captain Giffard joined his regiment. Major Sankey again challenged him; and, though the Captain knew he was doing wrong, and acting against the opinion of old officers, in meeting Major Sankey before he had purged his character by a Court Martial, yet, left his refufal fhould be attributed to fome unworthy motive, he gave Major Sankey a meeting, and received his fire, which he refufed to return; and pofitively rejected a propofal of accommodation, on the condition of fuppreffing this Court Martial. |