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2d Charge. Scandalous' and infamous behaviour unbecoming the character of an officer and a gentleman, in claiming and btaining from the commander of the French troops, a fum of money, not his own, upon the ground of its being his own private property.

Colonel Andrew Edhoufe, Lieut. Colonel of the 13th regiment of foot fworn, faid, that in the latter end of May 1781, the furgeons who attended Brigadier General Ogilvie, being of opinion that he could not live above two or three days, the field officers of the garrifon, viz, the deponent, Lieut. Colonel Stopford, Majors Crawford and Roberts, waited on Lieut. Colonel Cockburn to acquaint him therewith, and intimated to him, that in cafe of the Brigadier's death, it fhould feem that the command would devolve upon the deponent. Lieut. Colonel Cockburn faid, that he was an older Lieut. Colonel by fix or seven months, and that he would not give up the command to an inferior officer. The deponent obferved to him, that as a Quarter-mafter General and an agent, he ought not to fucceed to the command of the Illand, and offered to refer the question to Major General Prefcott, a friend of Lieut. Colonel Cockburn's; but Lieut. Colonel Cockburn continued ftrenuoufly to affert his right to the command, and declined fubmitting the question to reference, declaring, that in the prefent cafe he would not abide by the decifion of Jefus Chrift. That the 13th regiment at the time of the capture, were 335 men rank and tile, 45 of which were fick, and 290 fit for duty. The poft in the north weft part of the Inland was called Tumble-down Dick; he believed Brigadier Gen. Ogilvie looked on it as a place of great importance; to that poft he allotted a fubaltern, 2 ferjeants, 2 corporals, a drummer and 20 privates; the troops refpected him while living and regretted him when he died; immediately after his decease, on May 31st, Lieut. Colonel Cockburn reduced the guard at Tumble-down Dick to a corporal and three privates. Brigadier Gen. Ogilvie alfo established an outlying piquet, it was a captain's piquet, with two fubalterus, 2 or 3 ferjeants and 30 privates, with orders to turn out at a moment's warning. Lieutenant John Bathe, Adjutant of

15th regiment and Town Major, depofed that on the 30th of May, the piquets confifted of one captain, 2 fubalterns, 2 ferjeants, 2 corporals, 2 drummers and 40 privates; the guards then were, exclufive of that at Tumble-down Dick, 1 fubaltern, & ferjeants, 12 corporals, one drummer and 97 privates.

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Colonel Edhoufe, again, Lieut. Colonel Cockburn converted the out-lying piquet to an in-lying piquet; on firing the evening gun the men were difmifled to their feveral barracks, which were difperfed in different parts of the Iland. Lieut. Colonel Cockburn never informed him the fecond in command, of any intelligence relative to the enemy's designs, nor of any plan of defence; he never affembled the troops at their alarm pofts, nor took any particular fteps to ftimulate them greater degree of attention if poffible, when on and off duty. On the morning of the capture November 26th 1781, the troops had five or fix rounds of ball cartridges.

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When questioned by defire of Lieut. Col. Cockburn: Of Tumble-down Dick he fpoke from the information of others, never having feen that poit himself, Never knew Lieut. Colonel Cockburn inattentive, negligent, or relax, he believes he was always looked upon as a good officer. Has frequently feen him riding out very early.

By the Court. Looked upon him as an agent because he had a confiderable fum of money under his care, belonging to the captors or to government. Had frequent converfations with Brigadier Gen. Ogi!vie respecting Tumble-down Dick, that General always looked on it as a poft of much importance.

Hon. Col. Jofeph Stopford, Lieut. Col. of the 15th foot, fworn. At the time of the capture the 15th regiment confifted of 261 rank and file, of which 61 were fick and 200 fit for duty, Lieut. Col. Cockburn reduced the poft of Tumble-down Dick to a corporal and 3 privates, either the very day or the day after he took the command; and foon after converted the out-lying piquet of captain, 1 licutenant, 1 enfign, 2 ferjeants and about co rank and file into an in-lying piquet. He did not affemble the troops at their alarm pofts, but he gave them directions where to repair in cafe of an alarm. On the morning of the capture the troops had fix rounds of ball cartridges. He confidered the patroles from the piquets as parties to prevent a furprize.

By

By Lieut. Colonel Cockburn. Never obferved Lieut. Colonel Cockburn remifs or inattentive in any point of duty; he rofe generally at day light.

By the Court. Tumble-down Dick appeared to him of no great confequence on account of the great furf that raged there. The fields in which the troops were drilled were the alarm pofts. The patroles of the piquets never went as far as the dut pofts. No general alarm pofts were eftablished in cafe of any great alarm. Troops could land without coming near any of the batteries. There were places not defended by batteries, where fingle boats might flip in. Never heard any reafon affigned for changing the out-lying piquet to an in-lying one. Did not think there were pofts of lefs importance that might with more propriety have been reduced. Suppofing boats could land, troops could get up with more eafe at Tumbledown Dick, than in other parts of the Ifland, the beach being flat. The narrowest part of the beach was a mile or better in extent. There was a battery juft in the entrance of the bay near the water. Questioned by the Profecutor. The battery was about ten yards from the fea fhore. The garrifon rofe at gun firing; Lieut. Colonel Cockburn was generally among the firft ftirring. The road from Tumble-down Dick to the town was a very bad road between two hills. There was no guard between Tumble-down Dick and the garrison. The diftance between Tumble-down Dick and the town about eight miles; but on recollection thinks he has over-rated the diftance. In certain parts of the road three men could march abreast. There were not any means of impeding or checking the enemy in this narrow way: 2. Would not the ground have admitted of it? A. Yes, the ground would admit it. As the enemy approached the garrifon, they could have marched over fields, a fine clear open ountr.

Major Henderfon a Capt. in the 13th. He confidered Tumble-down Dick as a poft of importance, and always heard it spoken of as fuch by others. Brigadier General Ogilvie died the 31st of May, and on the ft of June, Lieutenant Col. Cockburn reduced that poft to a corporal and three privates, and the outlying pique to an inlving one. After the capture, aptar Gartin of the artillery informed him that with great difficulty and , the afliitance of a guide, he had found out Jenkin's Bay, and in the prefence of

Mr. Dawes, a gentleman of the island, reported to Lieut. Colonel Cockburn, about ten or twelve days before the Island was loft, that there was a fandy beach, with a very high ground commanding it, and that the cliff might be afcended but with difficulty. 2. Was a guard or a fingle foidier pofted there by Licut. Col. Cockburn to alarm the garrifon in cafe of a furprife? He believes not; he never understood there was. In converfation he told Lieut. Colonel Cockburn, that the leeward or weftein fide of the Inland was in a very refpectable state of defence, but hinted that he differed from the Lieut. Colonel as to the ftrength of the eaftern or windward fide. The western fide was very strong naturally, and there were many frong batteries. The batteries chiefly erected under General Vaughan and fome by Captain Garftin under Lieut. Colonel Cockburn. Never was at the bay near Tumble-down Dick, but fuppofes the diftance from it to Concoran about three miles. There was one bay there, Jenkins Bay, where the French landed. The Island had been surprised more than once by landing enther at Tumble-down Dick or Jenkins Bay; at Tumble-down Dick there was a corporal and three privates, and no other from thence to Concoran or English quarter. What pofts from Concoran to the fouth eaft or extreme part of the windward fide of the Iland A. At Concoran a battery of three 18 pounders erected by General Vaughan, with one artillery man at it; no others in that part. Lieut. Col. Cockburn ordefed a battery to be constructed to the fouthward of Vaughan's battery, which was almoft finished when the Inland was taken. Lieut. Colonel Cockburn did not erect a battery or eftablith a poft at Jenkins Bay. The French officers told him they began to difembark their troops at Jenkins Bays at twelve at night. In that part there were no exterior guards beyond the town. Does not remember any orders iffued from the 12th to the 24th of November on the fubject of alarming the garrison*; if fuch orders had been iffued they must have had an

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is effect both upon officers and men.

Never heard that Licut. Col. Cockburn reconInoitred Tumble-down Dick or Jenkins c. Bay.

Capt. Edward Madden, of the 15th foot, fworn. Tumble-down Dick was under ftood to bea place of importance,being the chief poft at that end of the iiland. In Brigadier Ogilvie's time, the detachment there was a fubaltern and 20 men, which Lieutenant Colonel Cockburn on the fecond day of his command reduced to a corporal and three men. From Tumbledown Dick to Concoran by water, fuppofes about two miles. No pofts between thefe two places. Has heard of feveral bays between these two places. Has heard the ifland was furprized at Jenkins Bay in 1702. There were no batteries conftructed at that end of the ifland. The enemy landed at Jenkins Bay early in the morn ing; had they mifcarried there, imagines they might have landed at Tumble-down Dick, but at this laft there was more hazard of an alarm from the guard. There were no guards or centinels inland from where the enemy landed to the skirts of the town. Does not know that Lieute nant Colonel Cockburn reconnoitred the feveral bays, but he might do it without his knowing it. Did not know of any guard at Jenkins Bay in time of Generals Vaughan or Ogilvie. No troops posted on the road from Jenkins Bay to the garri. fon. Tumble-down Dick was the only poft for the fecurity of that part of the if land; one of the centinels was pofted on a fummit above the guard, and had a moft - extenfive profpect. The orders at that post were, to fupport the poft and prevent furprize.

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Capt. John Maclaurin of the Triton frigate, fworn. In September 1781 went with cath to pay the troops, and took with him a memorandum from General Chriftie, requesting, that in cafe Lieutenant Colo-nel Cockburn reprefented to him a want

made the island muft furrender immediately.

Lieutenant Colonel Cockburn alfo wrote another letter to General Chriftie, dated the 24th of November, only forty-eight hours before he was furprifed, in which he mentioned having received repeated information of the preparations at Martique, that he was refolved not to be catched napping; that the island was fuch, that a landing being effected it muft furrender; that therefore he must watch the whole coaft.

of men, that he would convey a company of the 15th from Antigua to St. Euftatius. When he informed Lieutenant Col. Cockburn of this, on the ift of October, the Lieutenant Colonel faid, he did not want any reinforcement, but complained generally of part of the troops under his command, faying he had vagabonds enough already, and did not with for any more. He judged the island to be five or fix miles long: did not know the breadth; suppofed that from the Upper Town, vefiels might be feen ten leagues at fea, and in a clear moon light from the thore fix or leven miles. Thought the chief defence of the Ifland confifted in keeping a good look out, and preventing the enemy's landing.

Quefiioned by Lieut. Col. Cockburn. If a veffel of war had been ftationed at the and it might have difcovered the approach of the enemy.

By the Profecutor. 2. Ought not the commandant to have been more particularly alert, when no fuch veffel was ftationed there? A. Every officer in time of war fhould be upon his guard. He never heard Lieutenant Colonel Cockburn had applied to the commander of the fleet for a frigate to be ftationed at St. Eustatius.

By the Court. 2. If guard boats had been stationed at Tumble-down Dick and Jenkins Bay could the enemy have paffed without an alarm to the fhore. A. Thinks the boats must have been able to give an

alarm.

By Lieut. Col. Cockburn. He believes Lieutenant Colonel Cockburne atked him if he was to remain there.

Lieutenant George Lewis, of the Artil lery, fworn. Captain Garfin by defire of Lieutenant Colonel Cockburn rode round the Island, and went to Jenkins Bay, and reported that a landing might be made there. This was about three months before the capture of the Iiland. There was not a fingle man pofted at Jenkins Bay after this. If a fignal houfe had been cre&ted on the high ground above Jenkins Bay, does not think the enemy could have approached either by day or night, without being obferved. After the enemy landed, if a guard had been at the fignal house which was erected, and that guard alert, it was impoffible the enemy could have paffed undifcovered, as they muft pafs clofe by it. He believes a landing could always be made at Tumble-down Dick. He recollects a wall of loofe ftones in a confined place between the Grand Parade and Amfterdam Fort. The wall might be about ten feet high, the negroes ufed to

get

get over it. It was pulled down during Lieutenant Colonel Cockburn's command, but he never informed himself by whofe orders; the enemy could have got thro' a yard adjoining; he could fcarcely speak of it as a check against an enemy.

By Lieut. Col. Cockburn. Capt. Garfin alfo reported English Quarter as a place where a landing might be effected, and Lieutenant Colonel Cockburne ordered a battery to be erected there. Though the men at the fignal houfe could not fee Jenkins Bay, they might fee veffels approaching the coaft.

By the Court. There were only two men at the fignal houfe, and they remained there only in the day time. He understood from the inhabitants, that the ifland was formerly taken by the enemy landing at Jenkins Bay. Almoft all the island could be feen from the fignal house, except Jenkins Bay and Tumble-down Dick. The extreme length of the island is feven miles, and the narrow part in breadth a bout two miles. Fort George near four miles from Jenkins Bay, and very diffi cult road for the most part. Had a guard been placed at Jenkins Bay, and given notice to the neareft company, that company might not have been in time to prevent the enemy landing, but might have been in time to oppofe them afcending the hill; the guard themfelves, had there been a guard there, might have prevented the enemy for a fhort time getting up the hill, which was almost a precipice, by rolling down ftones upon them. From Jen kins Bay to Fort George, moft part of the way the enemy were under the neceffity of coming through a narrow pafs. Fort George could not make any defence, there was hardly room in it for thirty men. About four men could march abreaft in the road to the wall already mentioned; about the fame number by the road which led a little round through the yard adjoining only one at a time. The length of the narrow pafs from Jenkins Bay to the fig. nal houfe about two miles, in fome places the enemy could not pafs above one or two abreaft; at the fignal houfe it widened, and was open; the diftance from the fignal houfe to Fort George about a mile. Thinks the prefervation of the Island depended on keeping a good look-out to prevent a furprife. After the capture, he rode out with a French artillery officer to Jenkins Bay, who pointed out to him the place where they landed?

By defire of Lieut. Colonel Cockburn.
If the officer and 20 men had remain

ed at Tumble-down Dick, would they have been fufficient to repel an attack? A. Did not think them fufficient for working the nine guns.

By the Court. 2. Was there any poft at Jenkins Bay before Lieutenant Colonel Cockburn commanded? A. Never. 2. Could not the officer and 20 men in Brigadier Ogilvie's time, at Tumble-down Dick, have defended the narrow pafs leading to the garrifon, and by that means have ftopped the progrefs of the enemy? A. He thinks they might, as the road was well adapted for that purpose, being a defile.

Lieut. George Mackenzie, of the 15th regiment, fworn. Lieutenant Col. Cockburn was informed of the defigns of the enemy before the surprise. Mr. Rols told the deponent, that he had mentioned to Lieutenant Colonel Cockburn that the enemy meant to make a landing on the windward side of the island, and that the Lieutenant Colonel had damned the information. Mr. Neagle, who lived in Lieu, tenant Colonel Cockburn's family, went to Martinique fecretly about a month before the furprife. Mr. Neagle told him this the day he went, and that only Lieutenant Colonel Cockburne and himfelf knew of it, and therefore defired the deponent to keep it particularly fecret, faying, he was to clear out for St. Lucia, but was in fact going to Martinique. Mr. Neagle failed the fame evening, and the deponent wrote by him to the Marquis de Bouillé, for whom, by permillion of the commanders in chief, he had bought fome Mahogany furniture.

Mr. Neagle was generally fuppofed a confidential friend of Lieutenant Colonel Cockburn's. He conceives Lieutenant Colonel Cockburn had frequent opportunities of communicating his fituation to the commanders in chief of the navy and army in the different islands, and canoes paffed frequently from St. Eustatius to St. Kitts.

By Lieutenant Col. Cockburn. 9. Car he point out the time when Mr. Rofs told him the circumftance mentioned in his evidence? A. On Saturday the 24th of November 1781, between fix and feven in the evening.*

Mr. Rofs faid he had

Lie tenant Colonei Cockburn's own letters of the 12th and 24th of November prove, that he was informed of the onemy's defions before the 12tb of November. Mr. Rofs's information was given to him on the 21. The island was surprised on the morning of the 26th.

told it to Lieutenant Colonel Cockburn on the Wednesday preceding. Mr. Neagle, he believes, is an Irishman and was a merchant in St. Euftatius before it was taken by the Englth. Mr. Rofs is alfo a merchant, and of the island of Nevis; he does not know how he got his intelligence, but he has extensive dealings, and correfponds with molt af the islands.

Captain Robert Garfin of the Artillery fwork. Commanded the artillery, and undertook the duty of engineer about a month before the furprife. Had under him a lieutenant and 25 artillery men, and about fix negroes attached. He had alfo a ferjeant, corporal and 30 privates out of the two regiments attached. Lieutenant Colonel Cockburn informed him he had received a letter from Mr. Rofs, that it was reported to windward that the island was to be attacked, and that the enemy was to land at English Quarter. He understood Lieutenant Colonel Cockburn received this letter about the end of October. He does not recollect any orders given to the garrifon in confequence of it; but Lieutenant Colonel Cockburn requested him to find out the English Quarter, and if there was a poffibility of the enemy landing there, to erect a battery immediately; for though he had orders not to erect any additional works, yet he was determined not to be caught napping. English Quarter is on the caft fide. The deponent then took Mr. Lewis his lieutenant with him and found out the place, and reported to Lieutenant Colonel Cockburn, that there was a very good beach, and a poffibility of the enemy landing at two places; the Lieutenant Colonel then begged of him to do the duty of an engineer and conftruct a battery of three eighteen pounders, which was nearly completed with a guard-houfe and magazine, when the ifland was furprifed. He furveyed the whole island by defire of Lieutenant Colonel Cockburn, and reported to him, that there was a poffbility of landing at Jenkins Bay, but the enemy would find it very difficult to get up the rock, which was almost perpendicular near three hundred feet, and that a few men pofted there would keep off numbers. 9. In confequence of that report was there a guard or a fingle foldier pofted there? A. He never knew or heard of any. 2. Was there a fingle man pofted at the battery mentioned as nearly compleated? A. Where

there were no guns, it was not very neceffary to have artillery men. He had a bombadier there to receive ftores, &c. It was Lieutenant Colonel Cockburn's intention to have detached a captain and two fubalterns with a certain number of private men to that part of the island as foon as the guard rooms were ready to receive them. The deponent intend ed to have reported them ready for that purpose the very morning of the unfortunate furprife. Has frequently heard Lieutenant Colonel Cockburn exprefs his concern at not having a King's fhip or floop to convey his reports to the commanders in chief, and faid that Admiral Rodney had promifed him two floops of war. Opportunities to Barbadoes perhaps not once a month; daily, he believes to St. Kitts; fometimes to Nevis, Montferrat and Antigua; not very frequently to St. Lucia. Lieutenant Colone! Cockburn never made any alteration in the fignal poft. The hills between the fignal hill and Jenkins Bay higher than the fignal hill; impoffible to fee Jenkins Bay from the fignal hill. Road between Jenkins Bay and fignal hill almoft impaffable, formed by heavy rains from the mountains. Very narrow pass at fignal hill; with one or two companies at or near that pafs, could have ftopped the enemy long enough for the garrifon to have got under arms in the night. Never had orders from Lieutenant Colonel Cockburn, to establish_night_fignals at the different pofts. The hills from Jenkins Bay to the fignal hill form very ftrong pofts, and the enemy muft pafs between them on the narrow road, already defcribed as gullied by the heavy rains. After a landing made, Fort George might hold out about ten minutes. A night poft if established at fignal hill, might have alarmed the garrifon. Mr. Rofs was a merchant, if he had given him information, he should have paid attention to it underfood Mr. Rofs was a favourer of the Ameri

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