John and Sarah Cocker

Court Martial Transcript

Private John Cocker 863, 2nd Battalion 1st (or the Royal) Regiment of Foot was arraigned and brought to trial on two charges:

(1) for deserting from the Regiment at Montreal on or about the night of 14th July 1838 and not returning until brought back by an escort on or about the evening of 23rd July 1838.
(2) for making away with or losing through neglect one side belt and bayonet complete, being part of his Regimental appointments.

To which the prisoner John Cocker pleads guilty. Three witnesses in evidence for the prosecution were heard.

Question by the court: "Has the prisoner been warned that his former convictions would be brought in evidence against him?" Answer: "Yes he has."

 Question by the court: "What is the age, length of service and general character of the prisoner?" Answer: "He is 25 years and 11 months of age; he has been 6 and a half years in the service and his general character is bad." The court is closed. The prisoner John Cocker being called on for his defence has nothing to urge in extemnation.

Opinion and finding of the Court Martial: 1st charge: guilty 2nd charge: guilty

The court having found the prisoner GUILTY of both the charges preferred against him which being in breach of the Articles of War and taking into consideration his former convictions and general bad character do now sentence him the prisoner Private John Cocker 863 2nd Battalion 1st (or the Royal) Regiment of Foot to be transported as a Felon for 21 years and further to be marked with the letter D after the manner prescribed by the Mutiny Act.

(signed) Arthur W. Biggs Major 7th Hussars and President

(signed) G. Muller Capt. The Royal Regiment (acting) Deputy Judge Advocate

Confirmed: His Excellency Sir John Colborne Lieutenant General Commander of the forces in the Canadas.