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[Page 13]
until they permitted him to read a Protest which he held in his hand against the Judge Advocate Richard Atkins Esq. sitting on his trial. The Judge Advocate said it was inadmissible. Captain Kemp and Lieutenant Lawson insisted he should be permitted to read it, in which resolution the other four members acquiesced, and Captain Kemp refused to administer the oath to Mr Atkins, on this an altercation arose. Mr Atkins insisted they could be no court without him; however McArthur proceeded to read what he called a protest which was a violent invective against Mr Atkins the Judge Advocate. The Chief Objections which it contained, were that Mr Atkins was in his debt; of infamous character and had hostile enmites [enmities] against him (McArthur). The Judge Advocate then arose and said he would commit the prisoner for it was a most illegal proceeding in the officers to permit by violence such a paper to be read publickly [publicly] against him; and in the prisoner to read it before he (the Judge Advocate) was sworn in; and he represented to me that besides the scurrilous matter it contained, McArthur delivered it with that emphasis, tone of voice, and jesture [gesture] which were calculated to excite the disrespect and indignation of the surrounding multitude against His Majesty's Judge Advocate.
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