1787-11-13 (static/transcriptions/1787/11/277.jpg)

his confinement and agitation of mind during the Court Martial caused a slow fever. He had no sentry over him at his house but being under arrest would not go out, except to the Court Martial without leave of the Commander in Chief, which, says Mr. Phillips, he would not ask though I advised it.
The Plaintiff is now brought before the Court Martial which leads me to interrupt the narrative a little by considering how far Exhibit M which contains the Proceedings of the Court Martial is evidence to this Court, - And I think that being proved by Mr. Monk, who acted as Judge Advocate, to be a true account of those proceedings, it is evidence to us of every thing that passed before that Court. The deposition of a Witness taken before the Court Martial is not evidence here fo the truth of facts asserted by that Witness, because better evidence might be adduced, the Witness might himself ev.