History - Kings Orange Rangers

23
As the Law makes a distinction in Manslaughter, Viz. Voluntary Manslaughter in heat of
Passion, and Manslaughter Se defendendo. Under which of these Predicaments does he fall?
The Court is of Opinion the Prisoner Lieut. Col. Jno. BAYARD is Guilty of Voluntary
Manslaughter in heat of Passion. Therefore do Adjudge the Prisoner Lieut. Col. Jno. BAYARD
to be suspended for three Months.
The court reconvened on April 28 th to revise their proceedings, adjourned until the 29 th and then
delivered a revised sentence to wit:
The Judge Advocate General by Command of his sic Majesty, has Signifyed sic to his Excelly.
The Commander in Chief, that Altho the Prisoner Lt. Colo. Bayard, was not expressly arraigned,
upon a Charge of murder, yet as the Court martial, appears Throughout the Tryal, to have had that
Point Particularly in view, and has actually Declared him not Guilty of Murder, but of
Manslaughter Only, the King Considers this Declaration of the Court as a Compleat sic Acquittal,
of the Prisoner from the Crime of Murder, and His Majesty is pleased to Confirm the Said
Acquittal, which Seams sic to be warrented sic by evidences, but His Majesty does not think fit to
ratify the Opinion of the Court, by which the Prisoner is found guilty of manslaughter, (a
Distinction Peculiar to the Common Law of England) nor the Judgement of the Court whereby the
Prisoner is Sentenced to be Cashiered, but is Graciously pleased Absolutely to Remit the Same
and to order the Prisoner Lt. Colo. Bayard be released from his arrest. 56
Thus ended the sorry saga of the murder of Lieutenant Bird by his own commanding officer. We
do not know the nature of the relationship between Bird and Bayard. They were both young men
and clearly knew each other prior to Bird’s joining the regiment. For indeterminate reasons,
Bayard badgered Bird into buying a commission in the King’s Orange Rangers. Their
relationship gives every appearance of being adversarial from the beginning. It is indeed nothing
short of enigmatic.
The consequences of this incident went far beyond the court martial and had several impacts on
the King’s Orange Rangers. In the first instant, it surely dragged morale to even greater depths.
As a further consequence, it lead to a rupture between Bayard and Coffin, each blaming the other
in large measure for allowing the altercation to evolve to its violent end. Certainly it was the
primary factor in causing Coffin to begin seeking opportunities outside the regiment. It may also
have been one of the factors which soured Captain Lewis Burgess so terribly as evidenced by his
actions relating to the posting of the regiment to Nova Scotia later in the year. However
unintentional, this sordid affair further poisoned the regiment’s chalice.
At Head Quarters in New York, on March 15th, Lieutenant Alexander McDonald was tried for
sending Lieutenant Hamilton a challenge defaming his character. He is found not guilty of
sending a challenge, but is guilty of defaming Lieutenant Hamilton’s character and suspended
from duty and pay for two months. 57 An advertisement was placed in the Royal Gazette on
September 23rd by Lieutenant Bazil Rorison for a sorrel mare lost on the road from New York to
56 Kemble Orderly Book, New York Historical Society
57 Delancey’s Order Book pp.53-54.
King’s Orange Rangers