George Washington Papers
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To George Washington from Colonel James Wood, 25 March 1780

From Colonel James Wood

Charlotteville [Va.] 25th March 1780.

Sir

I have the Honor of Inclosing your Excellency, the Proceedings of a General Court Martial held at this Post Yesterday;1 I wou’d beg leave to Add, that the Prisoner La Brun was enlisted but a few Days before he Deserted, Appears extremely Ignorant, and is in My Opinion, an Object worthy of Mercy.2 I am with the Greatest respect. Yr Excellency’s Very Obt Servt

James Wood. Colo. Commandant

ALS, DLC:GW.

1Wood enclosed proceedings from “a General Court martial held at Albemarle Barracks [Va.] on Friday the 24th March 1780” that tried “Christopher Fossil & John LaBrun Soldiers in Capt. [Edmund] Reads Troop of Virginia State Dragoons charged, with Desertion and carrying off Horses, Arms and accoutrements, belonging to said troop.” Col. Francis Taylor served as president of the court-martial, which included twelve additional officers as members. According to proceedings, the prisoners “pled guilty,” and a corporal and private testified “that the above named prisoners went away from the Troop on wednesday the 15th instant, that they were next day sent in pursuit after them and overtook the said deserters in Shenando County last saturday night, supposing the distance eighty miles from the Barracks: The Prisoners had not their Horses nor arms (except one pistol) with them, but told the Witnesses where they were left, and where they found them on their return. That the Horses were found at two places, about one mile asunder and some of the accoutrements at each place. That the Swords were found hid in the woods, also a Horsemans cap, but the whole were brought back.

“Lt [George] Brent deposeth that the prisoner John laBrun, enlisted into Capt. Reads troop on the 11th instant, Received his bounty of Seven hundred & fifty dollars and was sworn the same day.

“The Court having considered the charge and the evidence produced, are of opinion that Christopher Fossil is guilty and ought to receive Corporal punishment, and do sentence him to Run the gauntlet through the troops of the Garrison twice a day for three days: a majority being of the above opinion.

“A majority of the Court (more than two thirds) are of opinion that John LaBrun is guilty, and ought to suffer death by being shot.” Wood added an undated not at the bottom of the proceedings: “The Sentence Ag[ains]t Christopher Fosill has been Approved & Executed” (DLC:GW).

Christopher Fossell (Fossil, Fosill) apparently served as a trumpeter in the Virginia state cavalry.

2GW replied to Wood from Morristown on 20 April: “I have recd your favr of the 25th March inclosing the proceedings of a General Court Martial upon Fosill and Le Brun. I could not have confirmed the sentence against the latter on account of the irregular constitution of the Court—as a General Court Martial can only be held by order of the Commander in Cheif or General Officer commanding in a separate department, or in one of the States. The prisoner may be therefore discharged and returned to his duty” (Df, in Tench Tilghman’s writing, DLC:GW; Varick transcript, DLC:GW).

Virginia governor Thomas Jefferson wrote Wood from Richmond on 14 July with “a remission of the sentence against La Brune” (Jefferson Papers description begins Julian P. Boyd et al., eds. The Papers of Thomas Jefferson. 41 vols. to date. Princeton, N.J., 1950–. description ends , 3:486).

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