Justice
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Researching the Fortress of Louisbourg National Historic Site of
Canada The Administration Of Justice At The Fortress Of Louisbourg (1713-1758)
1746
The Court being duly sworn the Prisoners Lieut. William Wittewronge and Lieut. Ellingham Thresher of his Majesty's Royal Regiment of Artillery were brought before the Court and accused of breaking open the King's Store and taking out several Boxes of Candles
Will. Corbin Master Carpenter Deposes upon Oath, That about a week or Ten Days ago, he found a Door open that went from the place where they were running up a Stack of Chimney from the Gunner's Barracks and that he went up in order to have it fasten'd up and went into the Storehouse and Saw Stores there; and that Mr Treville, while this Depont. was there, came and said he miss'd ten Boxes of Candles. Richard Treville Clerk to Mr. Green Deposeth upon Oath That some time the Week before last, he went, by Mr. Green's desire, with some hands to remove a Parcell of Candles and Oyl that were in a Loft over the Gunner's Barracks, and remov'd all But seventeen Boxes of Candles which number the Men that assisted him (viz.) John Parry and John Corbett Soldiers in Col. Warburton's Regiment; are redy to swear were left there when they left work and locked the Door. That last Wednesday he went to remove those seventeen Boxes, found the Door locked, and after he had unlock'd it [142] cou'd not get it open by reason of a Stick that some Body had put over it. Upon which he got up into the Loft over the Cabins in the Gunner's Chamber, where there was a Door way into the Room where the Candles were with a Door nail'd up, designing to break it down to get in, but found it loose, and that there were but seven Boxes of Candles left ... [143] Mr. William Roberts Cadet in his Majesty's Royal Regt of Artillery Deposes upon oath That between three and four weeks ago, Mr Thresher was sitting down with him about seven of the Clock at night, who said he thought to take a Box of Candles, upon which he call'd Alexander Anderson (one of the prisoners) and went with him into the Entry, and soon after return'd again; And in a little time Mr. Wittewronge came into them. and went out again and got into the Loft; and soon after this Deponent heard a Noise and went out to see what it was, and at the Foot of the Stairs there lay a Box of Candles and several Candles lying by it which Mr. Wittewronge handed to this Depont. and he carried them up into the Kitchen That when Mr Thrasher returned he saw him drive a Staple into the Partition that the Door is fasten'd to. Some nights after Mr Wittewronge came home and went up into the Loft another way, which was through a place in the Floor where no Boards were laid over and handed down a Box of Candles to this Deponent, Mr. Thrasher, and Anderson (who waited on them as a Servant) and believes they sold none of the Candles. That the Candles were put into a Barrel, and that Mr Wittewronge told this Deponent they were sent to Mrs. La Chappelle's That he knows not what became of the Boxes after the Candles were emptyed into the Barrel. Mrs. LaCappelle Deposes that Mr Wittewronge sent a Barrel to her House by his Men, as a Barrel of Flower, and that Mr Wittewronge came himself to her house in the evening, and knocked the head of the Barrell out himself, and when he saw the Candles he told her they had made a mistake, well said she I will send them to your house in the Morning, to which he said, no, you may keep them till I send for them, and put three seals on the Barrell of Candles ...
Lieutenant Wittewronge acknowledges Mr. Roberts' Deposition to be true and that he took out three boxes of Candles, but imagin'd they were not the King's Stores, but lay there for the use of the Barracks, and says he found the Door of the Stores open, and absolutely denies breaking it open. Lieutenant Thresher acknowledges the Deposition of Mr Roberts to be true, but Denys absolutely breaking open the King's Store, but that upon finding the Staple of the Door loose he drove it in and fastened it himself. [The prisoners were found not guilty of breaking open the King's Store, but were found quilty of taking several Boxes of Candles. They were both cashier d.] Summarized
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