If a British soldier was absent without leave, he might be charged with desertion; if caught, he could be tried by a general court martial, a board of thirteen officers. The court looked at many factors in deciding guilt and sentencing punishment. In today’s trial, see if you agree with the court’s verdict and sentence.
The court looked at whether the soldier had been enlisted properly, and had been paid and clothed as required by the terms of enlistment. They also considered the reasons for his absence. Punishment depended upon whether the man’s absence was premeditated, whether he was trying to disguise or conceal himself, whether he had resisted arrest, and his overall character as a soldier. Their judgment was truly a life or death decision as they chose between capital or corporal punishment.
Hubert Römer was one of hundreds of men recruited in German states to serve in the ranks of British regiments – not a “Hessian” serving in a German regiment, but a British army recruit. A native of Trier, he had enlisted after the war began and arrived in America in October 1776, joining the 22nd Regiment of Foot. In September of 1778, the twenty-eight-year-old was with his regiment in Rhode Island when he was brought to trial. “Necessaries” referred to shirts, shoes and stockings, articles of clothing that it was necessary to replace on a regular basis.
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Prisoner. Hubertus Reimar, of the 22d Regiment and Captain Handfield’s Company being brought before the Court, was charged with being guilty of Desertion.
Interpreter. Serjeant Cling of the 54th Regiment was sworn to duly Interpret all Evidences delivered by Foreigners, and explain to the Prisoner, who is a German, those delivered by the British ones against him.
1st Evidence. Serjeant George Reason, of the same Regiment and Company with the Prisoner, being duly sworn deposes, that early on the Morning of the 14th of August, the Prisoner was absent, that on examining his Necessaries, three Shirts and two pair of Stockings were missing, and that the same day the Prisoner was brought to his Regiment by two Soldiers of the Anspach Corps, and adds, the Regiment was at that time encamped within the lines of Newport, as also, that till then, the Prisoner had always behaved himself well.
2d Evidence. John William Brown, Grenadier in the Anspach Regiment of Voit, being duly sworn deposes, (the same being interpreted to the Court) that being Sentry on the outside of the Abattees, about ten o’Clock one night, he heard a noise in front of him, on which he Challenged, but receiving no reply fired, when the prisoner called out to him, and the other Soldier who was posted with him and desired them not to fire again, as he was coming in to them, that he then came up to them and said, he had lost his way, and appeared to be in liquor, but desired them to take him to the Regiment.
3rd Evidence. John Free, private soldier in the same Regiment with the former Evidence being duly sworn, deposes, (the same being interpreted to the Court) in substance as the foregoing Evidence, with whom he was posted Sentry when the prisoner was taken by them.
The Prisoner Hubertus Reimar, being called to, and put on his Defence, says he was in Liquor when he went from his Tent, and had no design to Desert the Regiment.
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Do you think Römer was trying to desert? Some of his clothing was missing, often the case when a man planned to get away, and he did not surrender to the sentries until they shot at him. On the other hand, he was drunk, and once he was caught he asked to be taken to his regiment.
“The Court having heard and considered the Evidence against the Prisoner Hubertus Reimar, as also his Defence is of Opinion, he is not Guilty of the Crime laid to his Charge and doth therefore Acquit him.”
The court’s deliberations were not recorded, so we can only guess how they arrived at their decision. Other deserters had been sentenced to death in Rhode Island in 1778, so there was no overall history of lenience. Römer continued as a soldier through the end of the war, when he was discharged and took a land grant in Nova Scotia.
Don N. Hagist, “Forty German Recruits: The Service of German Nationals in the 22nd Regiment of Foot, 1776-1783,” www.revwar75.com/library/hagist/FORTYGERMANRECRUITS.htm.