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o'clock, A.M. by a signal gun to be fired for that purpose.

First. That Jeduthun Willington esquire lieutenant colonel commandant of the first regiment aforesaid then & there neglected to obey said order.

Second. That the said Willington in an unmilitary & an ungentleman-like manner, refused to obey the order by me given, & then & there declared, that he would not obey any orders that I should give as commanding officer on that day.

Third. That the said Jeduthun Willington colonel as aforesaid, then & there, contrary to orders given by me, neglected and refused to march his regiment, but in an unmilitary manner, & without orders with draw himself, his officers & men from my command & dismissed the same without orders from me, as senior officer, contrary to law.

Waltham, October 16. 1802. Jonathan Coolidge, Lieut. colonel.

It also appears, that after having heard the evidence which was adduced both for & against lieutenant-colonel Jeduthun Willington, & having heard his defence on the case, being stated by the judge-advocate, the court came to a decision upon each of the charges contained in the complaint, as follows, evs.

That lieutenant-colonel Jeduthun Willington is not guilty of the first charge.

That he is guilty of so much of the second charge as is comprised in the words following, viz. "that he in an ungentleman like & unmilitary manner then & there declared that he would not obey any orders which lieutenant-colonel Coolidge might give as commanding officer on that day."

And that he is guilty of all & every part of the third charge.