John Vermillier then appeared before the Court with the same Charges exhibited against him-the Judge Advocate prosecuting as in the foregoing Cases. The Prisoner Plead not Guilty, and the Court proceeded to Trial.

Tabor Bently, sworn.

Questions similar to the 1st 2d 3d and 4th in Wickes' Tryal and to the 2d 3d 4th and 5th in Ackerly's Trial were severally put to Mr. Bently and answered by him in the same Manner, nearly Verbatim.

Colonel Van Deburgh sworn, His Evidence against the Prisoner, the same as against Ackerly.

Henry Vandeburgh sworn,

Questions, the same in Substance as those asked in Akerly's Trial, were put to Mr. Van Deburgh who answered them in the same Manner, against Vermillier.

The Prisoners respectively urged in their Defence that they had been misled and came out with no bad Design and intended to live peaceably amongst us.

The Judge Advocate then ask'd the Court if the Evidence already produced was sufficient and satisfactory, there being no Negative-The Court adjourned 'till Friday Morning 8 O'Clock.

Friday Morning April 13th 1781.

The Court having maturely consider'd the Charges and Evidence against the Prisoners and their Defence, unanimously, find them guilty of adhering to and coming out from the Enemy, and secretly lurking in a Part of this State, and by Virtue of an Act of the Legislature of this State made and provided against such Offenders, "entitled an Act for subjecting all Persons who shall come out from the Enemy to Trials by Courts Martial,"

Do sentence the said Henry Wickes, Abraham Akerly and John Vermilliar to suffer Death at such Time and Place as his Excellency Governor Clinton may appoint. The Court adjourns without Day.

Abrm. Brinckerhoff, Coll. Pres't. John Copp, acting as Judge Advocate.

Rec'd & filed April 13th 1781. April 14th approved & ordered: that the several Culprits be hanged, by the neck until they be dead, & that the Sherif of Dutchess cause the order to be carried into execution on Saturday the 21st April 1781.

[No. 3629.]

General Gansevoort Reports the Albany Militia Destitute of Arms and Ammunition-The Governor's Reply.

Albany, April 14th 1781.

Dear Sir, A few Days since arrived at this Place, eight Barrels of Powder from the main Army for the use of the Militia in this Quarter; But not a single Pound of Ball or Lead, or any Cartridge Paper, Twine or Thread are to be had at this Place to make the same up into Cartridges, nor are we furnished with any Flints. I, therefore, find myself necessitated to apply to your Excellency for Information, from whence I am to be sup plied with these necessary articles.

Many of the Militia in this Part of the County are destitute of Arms & were occasionally supplied from the Continental

Armoury in this Place. But I find that General Clinton has, by Order of His Excellency General Washington, directed Mr. Rensselaer, the Dep'y C. Genl. of Military Stores, not to deliver out any arms to the militia in future, and that he has ordered all those arms which are already in the Hands of some of the Militia, to be immediately collected & returned into the Store.

The Men who were so furnished with arms by the Public, are so poor as not to be able to purchase for themselves and there is not a Shilling, to my Knowledge, in the Hands of any Militia Officer here, which may be applied to the purchase of arms as the Law directs.

I shall be very happy, if your Excellency will be pleased to apply to General Washington for his Order to the Deputy Com missary Genl. of Military Stores here, to deliver out arms to the Militia Officers in this Quarter for the men who are destitute, subject to be accounted for by such Officers; and that a Supply of Flints Lead or Ball, Cartridge Paper, & Twine & Thread may be sent to this Place, as soon as possible, for the use of the Militia.

I have ordered the Officers commanding regiments of my Brigade to make Returns to me, without Delay; as soon as I receive them all, I will do myself the Honor of transmitting to your Excellency a General Return. I am, with sentiments of Respect & Esteem, Dear Sir, Your Excellency's most Obed't Serv't

His Excellency Governor Clinton.

Peter Gansevoort.

Poughkeepsie, April 19th 1781.

e ree'd your Letter of the 14th Instant. As the y Part of the State are subject to the same Diffi

culties from the want of ammunition & arms, I flattered myself when those in your Quarter received a Supply of Powder they would not have been found deficient in the other articles, of which great Quantities have from time to time been delivered out, & which are not so subject to waste or Damage; from the Returns I do not believe that we have any Flints &c in Store, & if there is not, you are sensible we have not the means of procuring them & I fear whether they are to be had from the Cont'l magazine. The militia must, if possible, be induced to provide themselves with the means of Defence, for unless this is the Case from the lavish expenditure of that drawn from the Public they will always be found deficient. In this Part of the Country we have encouraged the Traders to import from the Eastw'd, Powder &c. for sale, & I am in hopes by this means the militia here will soon be able to provide themselves or left without excuse if they do not. I wish the People in your Qr. could be prevailed on to promote a similar measure. I shall make an application to the Commander in Chief for Flints &c. but I have little Reason (from the Sentiments he has repeatedly expressed to me on this subject) to expect any arms. Indeed I believe there will not be any to spare if our army is compleated. I am

[To General Peter Gansevoort.]

[G. C.]

[Nos. 3630, 3631.]

Mrs. Goes Appeals to General Van Rensselaer and to the Governor for Permission to Bring Her Daughter from New York.

Sir, You have doubtless already heard of the heavy loss I have met with, and as my Daughter Bata is now in New York alone and doubtless in a disconsolate and distressed Condition,

I have taken the Liberty to write his Excellency the Gove'r, to Permit her to return to me with the Effects of my Deceased Husband, as you will be by the Letter which I enclose and leave open for your Perusal. I am in hopes you will not be averse to do me a kindness which you [may] do with Propriety: and must, therefore, request of you to be good enough to write to the Gov'r in my Behalf, if you judge the Request Reasonable, which I make no doubt you will, and do what you can to promote my Request. Should you soon go down, I would be exceeding glad to have you carry the Letter and deliver it to him, otherwise I will endeavour to get one of my Brothers to go down with it; if you see any of them before my letters reach them, could wish you would urge them to go for me to the Governor, and endeavour to bring me his answer. Your kind Compliance with my Request, will ever lay me under the greatest obligations of gratitude to you, while I remain, Sir, your much Distressed Friend, and Humble Servant

Kinderhook 14 April 1781.

Genl. [Robert] Van Rensselaer.

Helena Goes.

P. S. You will please to seal the Letter to the Governor before you send it along. One of my Brothers will call on you for the Letter to the Gov'r and such as you will be pleased to write in my Behalf.

*Sir, I beg leave to acquaint your Excellency that I have lately received the Melancholy Tidings of the Death of Mr. Mathew Goes Jur. my late Husband, who your Excellency knows was in the Month of January last sent to New York.

Numbered as document 3630 in the Clinton MSS.

In the deepest Distress and anxiety of mind which this heavy Dispensation of Divine Providence unavoidably lays me under, and which is much increased when I consider the deplorable Situation of my poor Daughter Bata who went with her Father, and is now left as it were alone in a strange Place without the means of supporting herself; I am emboldened most earnestly to intreat your Excellency to Permit her to Return to me with the Effects of my late deceased Husband. Your Excellency's Compliance with this reasonable Request and which to me is of the greatest Importance will ever lay me under the greatest obligations, and be most gratefully acknowledged, by your Excellency's Much Distressed and most Humble Servant

Helena Goes.*

Kinderhook 14th April 1781.

His Excell'y Gov'r Clinton.

[No. 3632.]

J. Lawrence Reports Slow Progress in the Raising of Levies-The

Governor's Reply.

Rockland, Orange County April 14th 1781.

May it please your Excellency, I have not had the opportunity as yet, owing to the badness of the weather, to execute what I expected agreeable to the permission granted by your Excellency, in respect to the well affected Inhabitants of West Chester County; as soon as the weather will permit, I shall go about it. I have expected the General Orders with respect to Levies these some days. Colo. A. H. Hay informs the Inhabitants he has received directions from your Excellency, not to raise any. As I look upon it to be without the least degree of truth, I hope to hear from Excellency how it is, to be. Mr. Taulman the

See document 3638, page 779.