Title and statement of responsibility area
Title proper
Court Martial Records
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Class of material specific details area
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Issuing jurisdiction and denomination (philatelic)
Dates of creation area
Date(s)
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1839, 1841 (Creation)
Physical description area
Physical description
1 cm of textual material.
Publisher's series area
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Archival description area
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Custodial history
Some of the material was donated to the Hamilton Public Library, Local History & Archives by a few different donors, including Mrs. W.B. Moore in 1965, Mr. Frank Jones in 1967, and Mrs. W.H. Penny [date unknown]. The collection also contains records that were found amongst the possessions of Colonel William Gourlay of the First Battalion Incorporated Militia. After his death, these papers were donated however, it is unclear as to who donated them and at what time. Other material was purchased by the Hamilton Public Library from Canada Book Auction in 1981. Earlier staff, unaware of the archival principle of provenance, placed all the material together, breaching this rule. Due to the nature of the material and the small amount, a decision was made by the archivist to keep it together and process it as a general collection on the First Battalion Incorporated Militia.
Scope and content
Series consists of court martial proceedings for various soldiers in the First Battalion Incorporated Militia. The first record pertains to Sergeant William W. Dawson of No. 4 Company, who pleaded not guilty to the charge of “irregular and unsoldierlike conduct in having been drunk and unfit for duty,” on Saturday, February 9, 1839. The document records the proceedings and the witness testimony, as well as the guilty verdict and the punishment, which was Sergeant Dawson’s reduction of rank and pay to that of a private sentinel, dated at Hamilton, February 13, 1839. The second record pertains to Private Joseph Forster of No. 8 Company, who was ordered by Major Gourlay, commanding officer of the 1st Battalion Incorporated Militia, to stand trial for being absent without leave for a period of 10 days from June 7 to June 17, 1839. Private Forster pled guilty and was subsequently sentenced to 10 days in solitary confinement, dated at Hamilton on June 20th, 1839. The third record pertains to a proceeding to investigate a complaint from a civilian tavern keeper against three soldiers from the militia, accused of stealing logs of wood on December 27, 1841. The final few records, which are undated and incomplete, pertain to Lance Sergeant Robert Thompson, charged with threatening and assaulting Sergeant Gilbert. Some of the records in this series are original and some are photocopies.