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Names of persons sworn.
H. G. Livingston

Time when.

Before whom.

14th Feb'y 1777.

Geo. Clinton

State of New York ss: I do hereby certify, that on the fourteenth Day of February, in the year of our Lord, one thousand and Seven hundred and seventy seven, before me, George Clinton, Brigadier General of the Militia of the Counties of Ulster and Orange, personally appeared H. G. Livingston Son to Mr. Gilbert Livingston Merch't of the City of New York late Aid de Camp to Lord Sterling, and delivered up a certain printed Instrument under the Hand and Seal of Lord Howe & countersigned by Henry Strachey, bearing Date the 25th Day of December 1776, purporting to be a Pardon to the said H. G. Livingston from George the third, King of Great Britain &ca. of all Treasons, Rebellions, Insurections & Conspiracies against him the said George, his Crown and Dignity, And at the same Time, he the said H. G. Livingston, did take the Oath of Allegiance to the united States of America. Given under my Hand at New Windsor the Day & year first above said.

Sir,

[No. 353.]

Sugar as Contraband of War.

New Windsor 14th Feb'y 1777.

The Bearer, Mr. John Everett, a Resident & Man of Reputation in this State, informs me that he purchased a Quantity of sugar in your state before the passing the act prohibiting the removal of such articles out of the same. That it is now at Milford & he fears he may be prevented under that Law from bringing it into this state. I have advised him not to medle with it, till he first states the matter fairly to your Honor, being assured that what

ever is just & Right in your Power you will readilly order concern

ing it. I am with due Respect

Your Most Obed't Serv't,

G. C.

To the Honble. Jonathan Trumble, Esqr.

[No. 354.]

Court Martial Proceedings in the Case of Jacobus Oosterhout. At a General Court Martial held at the House of the Widow Hills near Good will meeting House in Ulster County on Fryday the 14th day of February 1777.

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Came on the Tryal of Jacobus Oosterhoudt of Coll. Pawling's Rigement in Ulster County.

Who Being Charged Before this Court, of Negligently suffering Doct'r Johannis Ossen (to make his Escape) who was Committed to His Care by Liut. Coll. Hoornbeek, in order to bring him before this Court.

Jonathan Wesbrouck Deposeth and Sayth,

That when they Came to the Palts Creek, in order to go over to Lodge at the Palts, he was ordered by Serjient Oosterhoudt to go and see how the ice was, and finding the Edge of the ice Broke, the Serjt, and Peter Ennerly Came to him at the Edge of the Creek

and Leaving Cryn Oosterhoudt with the prisoner in the slay, and as they were trying the ice he heard some body Running along the shore up the River, he suspecting it to be the prisenor, and Calling to the Rest of the Gaurd "there Goes the docter," and with that went in Search of Him but did not see him and others of the gaurd searching and Found his track as they imagin'd in the snow and follow'd the same to the Edge of the kreek where the found the ice Broke; and Further this deponent saith that he with the Serje't went the next Morning, as also with the Rest of the Gaurd, traced the said track and place where the ice was Broke which Confirmed him that it was a person that had gone in there, and also found the ice Broke up along the Edge of the River till where the person had sometime sat under the side of a very steep Bank in the Edge of the River; This Deponent Further says, that the water was Deep the ice weak and the Bank so steep that is [it] was impossible for any person to get up. Neither Doth he believe he did Come back the way he went up, and Rather beleives he was drowned.

Petrus Ennerly Deposeth and Sayth,

That as they was on thier way Bringing Doct'r Ossem, a prisoner From Esopus to the Widow McCobb's at the Palts River, he this deponent and Jacobus Oosterhoudt who was Serjiant of the gaurd and three others with the prisoner all in one slay at the Edge of the River, about nine a Clock at Night being pretty dark, the Serjt. ordered this deponent and Jonathan Wesbrouck to go out of the slay and try the ice and the Serjt. also Came out of the slay after them, and Left Cryn Oosterhout in the slay with the prisoner; and while they was trying the strenght of the ice being about ten yards from the slay, he heard Jonathan Wesbrouk who was standing by them say, there goes the prisoner;

with that they Run where they heard the noise but did not see him. Than asked Kryn Osterhout "where is the prisoner" or which way did he go; he said he Could not tell. Then this deponent with the Serjt. found the prisoner's hat, about Fifty yards distance from the slay on the Track where he went trough the snow to the Edge of the River and then Run up the River a small distance and found the ice Broke and next morning all the gaurd proseedeth and found the matter as Jonathan Wesbrouck Evedence declares and believes the said person was drowned. And Farther Sayth Not.

This Court having Taken into Consideration the Charge and Evidence against the above named Jacobus Oosterhoudt & Do look upon him Gilty of suffering Doct'r Johannis Ossem make his Escape and Do adjudge that the said Serjt. Jacobus Oosterhout ought to be Broke of his office and pay the sum of forty shillings fine and be Confined in Esopus Goal till said fine is paid.

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Lieut. Tiebout Preferred to Shoot Game than Men and Was Cashiered in Consequence.

At a General Court Martial held at the House of the Widow

Hill Near good will meeting house in Ulster on ye 15 Day of febry. 1777.

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Came on the tryal of Leut. Tebow of Capt. Bartolf's Comp'y of Coll. John Heathorn Rigm't in Orange County; stand Charged with Neglecting to march with the Militia to Tappaun as well as other Matters to ye Injury of this State.

John Miller Sworn and Sayth,

That he Warned Leivt. Tebow to go With ye Militia But was not home the Evening Before the malitia march; heard he was gon Hunting; I went again the Second time to warn him and some Days after ye first time, and ye Leivt told me he was not able to go, for he had a Boyl that Hindred him, and I Do not think that if ye Leivt Left alone but he whould be a whig as I Beleive him to Be oblidged to be Ruled by his father, and farther sayhth not..

John Skinner Sworn Deposeth and Sayth,

that ye Day Before the Militia Marched a travalar came to the house of Andries Tebow and said that General Washington was tacken and that the Melitia was to Be called; that this Deponent Levt. Tebow and Peter Tebow with old Mr. Tebow was to go that morning a Hunting, But Leut. Tebow and Peter Tebow said that thay whould go Down ye pond a Hunting without the Hounds and this Deponant under stood that thay where to go

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