promised to pay him when examinant got money from on board the man-of-war, where he had two brother's-in-law, who had promised to send him money to pay his debts; that he never had engaged with Governor Tryon, or any other person whatever, to undertake the business of enlisting soldiers for the king, nor of enticing the Continental soldiers to leave that service; that he and Mason came to town by way of Elizabethtown, and that at Warwick Mason persuaded one William Benjamin to go along with them; that he knows Peter McLean, a shoemaker, near the Exchange; that examinant applied to him to put him on board the man-of-war; that McLean answered he could not do it all, the sentries were so strict; that examinant then said to McLean that then he would enlist in the Continental service, which he has since done, in Captain Beekman's company, of Lasher's battalion; that examinant and Mason lodged, the first night they came to town, at Houlding's; that while they were there, Corby was introduced to Benjamin and Mason by Gilbert Forbes and the aforesaid sergeant of the guards. This examinant says the said sergeant and Gilbert Forbes administered oaths of secrecy to Mason and two or three soldiers; that Corby was present when the said soldiers were sworn as aforesaid. That after McLean, as aforesaid, had told this examinant that he knew not how to get on board the man-of-war, McLean recommended him to David Matthews, Esq., as a proper person to direct him how to get on board the man-of-war; that examinant accordingly went to Mr. Matthews, and told him that McLean had directed examinant to him as a proper person to tell him how he should get on board the man-of-war, and that there was a lad (meaning Mason) that had come down from Ringwood, who wanted to go along; that Mr. Matthews told him that it was too dangerous for him to say anything about it, but that he would direct him to one who could get him on board, and sent this examinant for that purpose to Gilbert Forbes; that this examinant accordingly applied to the said Gilbert Forbes, and that Forbes said he could not do anything in it till he had seen Corby; that shortly after, the

said Gilbert Forbes told this examinant he had seen Corby, and that Corby said he would get examinant on board in a few days; that examinant afterward saw Corby, and that he made the like promise to examinant, but Corby afterward told him he could not, and that he had been able to send only one on board by a mulatto fellow. That this examinant knows John Clarke, and that he told this examinant that he had fifty or sixty men to go in the king's service, and that he had prevailed upon his brother, Anthony Clarke, to consent to go with them; that John Clarke was to be a captain, and that one Seeley, of Chester, in Orange County, was also to be one of the officers.

WILLIAM FORBES.

Examined 23d day of July, 1776, before us:

JOHN JAY,

GOUVERNEUR MORRIS.

JOHN YATES, of the Wallkill Precinct, in Ulster County, laborer, being sworn, saith: That early in this last spring, Absalom Bull, one of deponent's neighbors, came to him, and told him that he was but a poor man, and that if he would go with the said Bull, he would make a gentleman of this deponent; that this deponent asked him how; he replied that if this deponent would go and serve the king for three years, or to the end of the American war, if that should sooner happen, this deponent should have two hundred acres of land on the frontiers; that deponent said it was very uncertain, for he did not see how he was to get a warranty deed for it; but if he could get a warranty deed for two hundred acres of land, he did not know but he might engage; on this they parted; that for many days repeatedly after that, the said Absalom Bull, together with Isaac Waugh and Richard Bull, came to this deponent and pressed him to enter into the king's service, but the deponent put them off; that they afterward went, as they informed this deponent, on board the man-of-war, and when they returned, brought him a letter from Governor Tryon, informing this deponent that if he would come on

board his ship and pilot the men-of-war up the river, he would give this deponent a dollar a day and five pounds a foot for every foot that the vessel he piloted drew more than twenty feet, and should have two hundred acres of land at the determination of the American war; and that Ireland, Scotland, and Wales had all united with England to subdue America; that this deponent had, till within a few years last past, been a seafaring man, and was well acquainted with the navigation of the North River, which was well known to his said neighbors, and, as this deponent believes, was by them made known to Governor Tryon; that this deponent afterward received two other letters of the like import from Governor Tryon; that about six weeks this deponent, together with the said Absalom Bull, Richard Bull, and Isaac Waugh, travelled from their homes down through Westchester County to Whitestone Ferry, where they crossed over to Long Island, and thence to Hempstead, and went to the house of one Simonson, a tavernkeeper in that town; that they went from thence to the house of Captain Hulet, where they all lodged; that the next morning this deponent's companions went off from Rockaway in an oyster boat that plied between that coast and the ships, and supplied them with provisions, as he was informed and believed; that they desired this deponent to go with them, but this deponent being sick and not much inclined to go on board, said he would wait at Captain Hulet's till their return; that after three days they all returned to this deponent at Captain Hulet's aforesaid, and that Colonel Fanning, the governor's secretary, came with them; that the said Colonel Fanning was well known to this deponent, he having often seen him, and this deponent having been a mariner in Captain Hunter's ship, which brought the colonel from England; that at present this deponent did not know Colonel Fanning, he being disguised in the dress of a common laboring man, but on taking this deponent aside, he made himself known to him, whereupon this deponent immediately recollected his face and person; that he asked this deponent to go on board with him; this deponent answered that he was too sick to go; that then

the colonel told him that if he could not go then he must come down when the fleet arrived, and that they would send this deponent a letter informing him of it, to which this deponent agreed; that Colonel Fanning told him New York was to be the seat of war; that some of the fleet would run around into the Sound, and land troops on Long Island; that another division would land on the south side and hoist the king's standard; and that all the men that had engaged to serve the king should come to Long Island, and that there were then three field-pieces and a mortar piece under the floor of the barn of the said Simonson; the said Colonel Fanning also told this deponent that they should want him to pilot vessels of war up the North River, and that the Savage, Phoenix, and Shuldan (which he believes was formerly the Rhode Island packet) were designed for that service; that the colonel desired this deponent to bring all the provisions he could on board the ships, and that he should receive the following prices for them, viz. five pounds a barrel for salt pork; one shilling per pound for gammons; eighteen pence per pound for butter, and a good price for fowls, eggs, etc., and then gave this deponent a paper (now delivered), with a seal on it and the letters W. T. on the back of it, and told this deponent that it would serve him as a pass to go by all the men-of-war and cruisers unmolested; that Colonel Fanning further told this deponent that Absalom Bull, aforesaid, had enlisted a great many men, and desired this deponent to do the like, but this deponent declined it; that this deponent knows John Clarke, a painter; that he saw him in this town about a fortnight ago; that he told this deponent he was going on board the ships, and requested this deponent to go with him, which this deponent refused; that he advised this deponent to engage to fight for the king, and said the Americans would be beat; that the aforesaid Absalom Bull showed this deponent, this Spring, a list of persons whom he had enlisted for the king's service; that the said Absalom told this deponent that there were two hundred names on it, which this deponent really believes to be true, but this deponent does not remember the names of any

of them, except Richard Bull, Alexander Scadden, James Scadden, Isaac Waugh, John Clarke (the painter, aforesaid), Jewel Smith, and one Seeley, of a place in Orange County called Oxford; that Absalom Bull, aforesaid, was to be a captain, and had a commission for it from Governor Tryon, which he showed to this deponent, and that it was written on parchment and a great seal hanging to it, but that this deponent did not read it; the said Absalom Bull further said, that all the men so enlisted for the king's service were to join the fleet when it arrived, and that all who did not would be treated as deserters from the king's service.

The court being cleared, after mature consideration, are unanimously of the opinion that the prisoner is guilty of the charge against him, and of a breach of the fifth and of the thirteenth articles of the Rules and Regulations for the Government of the Continental Forces; and the court unanimously sentence and adjudge that the prisoner, Thomas Hickey, suffer death for said crimes, by being hanged by the neck till he is dead.

SAMUEL H. PARSONS, President.

WARRANT FOR THE EXECUTION OF HICKEY.

BY HIS EXCELLENCY, GEORGE WASHINGTON, ESQ., GENERAL AND COMMANDER-IN-CHIEF OF THE ARMY OF THE UNITED STATES.

To the Provost Marshal of said Army:

Whereas, Thomas Hickey, a soldier enlisted in the service of the said United Colonies, has been duly convicted by a