ROBERT BENHAM'S TESTIMONY.

Robert Benham, a private in the Thirteenth Battalion (Major Skinner's groom), was the ninth witness called by Lieut.-Col. Booker.

Question—Did Lieut.-Col. Booker's orderly bring you back the horse which Col. Booker rode at Lime Ridge before the firing commenced?

Answer—Yes.

Question—During the retreat what became of the horse?

Answer—I was leading him away to Ridgeway when Quartermaster Stoneman said, "Get on the horse." I then mounted and rode him to Ridgeway, and there watered him. While I was watering him one of the officers of the Queen's Own Rifles came and asked me who owned the horse. I told him that the horse belonged to Major Skinner, but that Col. Booker had been using him. The officer then took the horse from me and mounted him. I saw him, while mounted, draw a pistol and endeavor to stop the men by threatening to shoot if they did not stop. I saw Col. Booker on the horse afterwards.

CAPT. HENERY'S EVIDENCE.

The tenth witness called by Lieut.-Col. Booker was Capt. Henery,
Adjutant of the Thirteenth Battalion (formerly a Sergeant-Major of the
Coldstream Guards).

Question—Will you recite what from your own knowledge occurred from the time the Thirteenth were engaged at Lime Ridge until they retired, and how long they were in action?

Answer—At the commencement of the action, or rather just previously to the action, the Queen's Own were thrown out to skirmish, the reserve being composed of the Thirteenth Battalion, with the York and Caledonia Rifle Companies. Soon afterward the action commenced. The whole force continued to advance in this order. The reserve then halted, the skirmishers and supports continuing their advance. We remained halted only about three minutes before an officer of the Queen's Own came up and shouted, "Surgeons to the front." I then saw two officers in green running to the front. I then heard Major Gillmor tell Col. Booker to deploy the right wing of the Thirteenth Battalion and relieve the Queen's Own, because their ammunition had been expended. Col. Booker then gave the command to the Thirteenth Battalion to deploy the right wing on No. 3 Company, which was executed after advancing a few yards to enable them to deploy and avoid an obstacle in its way. This wing was then extended to skirmish and relieve the Queen's Own, from its left towards the right side of the road. The whole wing and supports were on the right side of the road. While this deployment was being executed, several companies of the Queen's Own came and formed in quarter distance column in rear, forming the reserve. The right wing then advanced and relieved the Queen's Own in a very steady manner, their supports being regularly posted. Then I advanced between the supports and skirmishers. I was not mounted. The support laid down after arriving at the orchard, under cover. I then left the supports and joined the skirmishers. They continued firing for some time, receiving the fire of the enemy. There was then a cry of "Cavalry!" from my right rear. I was on the road with the left of No. 2 Company on the line of skirmishers. I looked and saw two or three horses, and cried out that there was no cavalry. I heard no bugle blow the "retire." When I looked around I saw both red and green coats running to the rear from the line of skirmishers, in order, but not firing. I think this retreat was about one hour after the Thirteenth took the field. I think those of the Queen's Own who formed the reserve as we were deploying, came in about ten minutes after the firing commenced.

ROBERT MAUN'S TESTIMONY.

Robert Maun, a private in the 13th Battalion, was the eleventh witness called by Lieut.-Col. Booker.

Question—Will you state what you saw at Lime Ridge on the 2nd of June?

Answer—I was on duty on the field hospital staff. There was a cry for the doctor from one of the companies of the Thirteenth, acting as a support in the orchard. I was sent to find the man, and did so. He had been wounded in the wrist. He was a rifleman, not one of the Thirteenth. I saw no other "green" soldier there. Just as we had finished dressing the man's hand I heard a cry of "Cavalry, cavalry! Look out for cavalry!" coming from the direction of the right of the skirmish line. I saw a company of Rifles in line with the skirmishers of the Thirteenth. I suppose they were the York Rifles. When I heard the cry of "Cavalry!" I was near the support of one of the companies, and then I also heard an order given to the reserve to "Form square!" I suggested to the doctor that we should go to the square formed on the road by the reserve. He came with me toward the square, but I cannot tell whether he got into the square or not. I was too late to get in. I threw myself under the bayonets of the front face of the square. This square was composed of the Queen's Own, and the color party of the Thirteenth was with them. A company of the Thirteenth came up at a steady "double." most of them at "the trail." but some of them at "the slope," and passing the right face of the square formed in rear of the Queen's Own. I then, finding a company of my own corps at hand, jumped up, fixed my bayonet, and joined them. It was then that I saw a few straggling men of the Thirteenth, mixed up with some Rifles, retiring from the direction of the skirmish line towards us. An order was then given by a voice, which I took to be Col. Booker's, to "Reform column," which was done. At this moment a rather too sharp fire came upon us, but it was rather high to do us much damage. I then heard an order to "Deploy on the rear company" in the same voice, which I took to be that of Col. Booker. At this time there was a company of the Thirteenth which formed the rear company of the reserve, the rest of the reserve being composed of the Queen's Own. When the order to deploy was given a heavy volley struck the column, and I heard a sound which I took to be that of men falling. The column swayed backwards, as I supposed, from the effects of the fire. The column broke immediately and commenced a retreat down the road. The main body of the Thirteenth were at this time in the field, and firing was going on more to the right. I went down the road with the retreat and felt a heavy fire from a wood on the left as we retired. I saw several of the enemy jumping a fence, as if they were intending to pursue the retreating column. I fired at them, and several others of our men also fired at them. After I had loaded my rifle I returned from the direction in which we had just come and met Col. Booker with the Thirteenth following the Queen's Own, or the retreating column. The Thirteenth were in a confused mass, and I heard several officers say to Col. Booker. "Let us stop them," or words to that effect, and prevent a rout. Col. Booker then said he would go on to the front and stop the men of the retreating column, and then ran out "at the double" and got in front of nearly all of the Thirteenth. He then faced about and, flashing his sword about, said. "For God's sake, men, don't make cowards of yourselves." I had followed him in search of the doctor, and so had the opportunity of witnessing this on the part of Col. Booker. I do not know the names of the officers who said to Col. Booker, "Let us try and stop them and prevent a rout." The men seemed to pay no attention to Col. Booker's entreaties for them to stop, but continued the retreat. A man of No. 1 Company, of the Thirteenth, who was shot through the thigh, demanded my attention, and I went to him. Dr. Ryall was with him attending to him. We got him on a waggon and took him down the road to Ridgeway. While going with this man I heard several officers (Col. Booker of the number) urging the men to stop and take to the woods, as there was good cover there. I think that Adjutant Henery was one of the officers who urged the men to do this. At this time I saw a number of the York Rifles obeying the order to take to the woods. They cried out, "Hurrah for old York! Let us take to the woods and we will give them hell." There was only about a dozen of them. I passed on with the waggon, and saw no more.

Question—Did you hear Lieut.-Col. Booker, when under fire, encouraging the reserves?

Answer—I heard him joking them about their politeness in bowing to the bullets that passed over their heads.

MAJOR GILLMOR RECALLED.

Question from the Court—Major Gillmor, state the companies of the Queen's Own who were first advanced as skirmishers, how armed, and the amount of ammunition issued to each man.

Answer—No. 5 Company were the entire skirmishers. There were about forty of them armed with Spencer rifles, and had under thirty rounds for each man. The remainder of the company were armed with the long Enfield rifle. Nos. 1 and 2 Companies were the other skirmishers. They were armed with the long Enfield. The whole regiment had an average of forty rounds of ammunition per man.

Question—How long were they under fire when the right wing of the
Thirteenth were advanced to their relief?

Answer—I could not form any idea as to the time. The men armed with the Spencer rifles were relieved by another company long before the Thirteenth Battalion went out to skirmish.

Question—Who gave the order to "Form square"?

Answer—Lieut.-Col. Booker gave the caution to "Look out for cavalry!" and I gave the command to "Form square."

Question—Can you state what portion of the Queen's Own were undrilled recruits?

Answer—They were, as a rule, partially drilled, some men undrilled. Recruits were joining every week, and all the available men, drilled and undrilled, were in the field.

Question—What proportion of the whole battalion had not been exercised with blank cartridge?

Answer—With the exception of one or two days in May, when the whole battalion were out skirmishing, I am satisfied that half of the men had never fired a shot.

Question—What proportion of the men had never practised with ball cartridge?

Answer—The proportion was about the same, about half.

Question—What proportion of the regiment was composed of lads under twenty years of age?

Answer—I should say more than half of the regiment.

Question—Did you observe any difference in the demeanor of the lads and the other soldiers going into action?

Answer—No. Each were equally cool. I particularly noticed the companies that morning as they marched out to the skirmish, and all were equally cool. I may state here that this was the first occasion on which the whole regiment had an opportunity to skirmish as a battalion. I also wish to state that I saw the right wing of the Thirteenth extend and advance in skirmishing order, and that nothing could exceed the steadiness and regularity with which they advanced.

EVIDENCE OF W. T. URQUHART.

The thirteenth witness called by Lieut.-Col. Booker was Wm. T. Urquhart, assistant editor of the Hamilton Spectator, who was a private in No. 4 Company. Thirteenth Battalion.

Question—Do you recollect seeing Lieut.-Col. Booker after the fight at
Lime Ridge, and where?

Answer—I do. I saw him on the rising ground immediately in rear of where the action took place.

Question—Were you exposed to a heavy fire?

Answer—We were.

Question—Were you one of the retreating column?

Answer—In the rear.

Question by the Court—What was Lieut.-Col. Booker doing at the time you noticed him?

Answer—He was trying to restore order.

Question—Where were you when the right wing went out to skirmish? And did your skirmishers relieve those in front of you?

Answer—We were on the right. I was in the company forming the support of the skirmishers on the right, and the skirmishers of our company in front relieved those of the Rifles in front of them. The Rifles retired in good order to the reserves. I certainly saw two companies come in, but I cannot speak as to the whole line.

Question—From the time your skirmishers were posted until the retreat, how much time elapsed?

Answer—I should think about an hour.

Question—What caused the retreat, in your opinion, and what succeeded?

Answer—We retreated because the bugle sounded "the retreat," and we were also ordered by Lieut. Routh, the officer in command of our company, who said shortly afterward that it was a mistake, as it should have been "the advance," and ordered us to "halt" and "front," and we did so accordingly. The skirmishers immediately came down upon us, who were all men of our battalion, and we all retreated together to the cross-road, near the place where we first deployed. Two or three companies of Rifles came down this cross-road from the right of the attack at this moment, and the whole became mingled together and the formation was immediately destroyed. Several attempts by officers of the Thirteenth and the Rifles were made to rally or re-form the men. I noticed Col. Booker and Adjutant Henery do this, and also Ensign Armstrong, who carried the colors. I saw Lieut. Arthurs endeavoring to stop the men, and also other Rifle officers whose names I am not acquainted with.

ADJUTANT HENERY RECALLED.

Question—State the names of the officers of the right wing of the Thirteenth Battalion who were present when that wing was ordered to skirmish?

Answer—Major Skinner. Capt. Grant. Lieut. Gibson, and Ensign McKenzie, of No. 1 Company; Capt. Watson and Lieut. Sewell, of No. 2 Company; and Lieut. Ferguson, of No. 3 Company.

Question—How long have you been connected with the regiment, and in what capacity?

Answer—As Drill Instructor and Adjutant, about four years.

Question—About what proportion of the Thirteenth Regiment was wholly undrilled at the time of the affair at Lime Ridge?

Answer—One man only, and the others were all drilled men.

Question—Had the whole battalion previously been exercised with blank cartridge?

Answer—Yes, but not frequently.

Question—Had they any practice with ball cartridge?

Answer—I think 180 men had previously had ball practice.

Question—Was a large proportion of the regiment composed of boys under twenty?

Answer—I think that about 120 were under twenty, and a large proportion of these were between the ages of 19 and 20 years of age.

Question—Did you observe any difference in the demeanor of the men when under fire?

Answer—No difference—all seemed equally steady.

Question—What number of rounds had the men of the Thirteenth when going into action?

Answer—Sixty rounds per man, with caps in proportion.

MAJOR SKINNER'S TESTIMONY.

Major Skinner, of the Thirteenth Battalion, was the next witness examined.

Question—Were you present at Lime Ridge on the 2nd of June last, when the right wing of the Thirteenth Battalion was sent out to skirmish?

Answer—Yes.

Question—State the orders given and by whom given for the movement, and what took place under your observation.

Answer—Col. Hooker said to me at some distance (about ten yards): "Major Skinner, you will skirmish with the right wing." I then advanced with the skirmishers. We went over a fence and across a field and over another fence into an orchard on the right side of the road. We went through that orchard up to another fence, and there remained for some time. While approaching this fence the enemy's shots passed over our heads. After remaining some time at this fence we found their shot getting closer. We then crossed that fence and passed over a field to another fence, where we halted and remained for some time. I passed to the right of the skirmishers of our battalion. I went there because I saw a number of men in green uniform on our extreme right towards our front, and knowing they were some of our men, told my men not to fire upon them. I cannot say that I saw any of the enemy. They fired upon us from under cover. We met a few skirmishers in green in the orchard. We passed through them.

Question—Before you deployed, what was the position of your regiment as regards the Queen's Own?

Answer—The Queen's Own were all away in front, and the York Rifles also.

Question—How long after the first shot was tired by the enemy was it until the Thirteenth were ordered to skirmish?

Answer—About ten minutes elapsed from the time the first shot was fired until some men of the Queen's Own came in, and we were ordered to relieve the skirmishers. I heard a call for the surgeon to go to the front about seven minutes before we were ordered to skirmish. At the same time Ensign McEachren was carried to the rear. After going to the right of our skirmishers and cautioning the men not to fire upon the men in green on our right. I went back again to the centre of our men. We remained there at this fence about a quarter of an hour, and the enemy getting our range, it became so hot that we again advanced. We ran across a field this time. The whole of No. 3 Company must have been on the left of the road. I was on the right of the road. We found a brick house, with a wooden addition to it. It was locked up with a padlock, and one of our men opened it. We went in, and opening the front door, used the house for cover, firing through the doorway. We were about 150 yards from the woods occupied by the enemy. Some one on the left of the road called out, "Don't you hear the bugle?" I said, "No. What does it say?" The reply I got was, "Retreat." I then looked around to the rear for the first time since we came out, and I saw our men at the right running in. I then heard some one on my left say, "Why, they are preparing to receive cavalry." I looked around and said, "Where is the cavalry?" implying that I saw none. I then ran across the road to the left and saw that the men were all running as fast as they could to the rear. I ran for a barn and remained there a few moments to get breath, and then ran for another fence. I saw a few of our men behind me, and the enemy pursuing them. Two of our men were shot here—Stewart and Powell. I then made for the road where we had previously deployed, expecting to find the reserve there. I found none. Our skirmishers were then comprising men of all of our companies, mixed with those in green. I suppose there were about 150 red coats and about 30 or 40 in green. I then asked for the commanding officer, but got no answer. I then asked for Col. Booker, and one man in the crowd cried out, "He is off, three miles ahead." I do not know who it was that said so. I then called for Major Gillmor, and got no reply. I then thought that I should do something, and I ran to the front of the retreating men on the road and told them to halt. They paid no attention to me. I called upon an officer of our battalion, who was on the right of the men retreating, to draw his sword and see if we could not stop them. We then again went to the front of our men, retreating backwards for a few minutes, when we got them to halt. A couple of boys of our regiment had their bayonets fixed, endeavoring to stop them, and before I could do further a number of men in green rushed past on the left and one of the boys disappeared, and then commenced, a further retreat of all present. No companies were formed for the retreat. I assisted to carry two boys who were wounded by getting doors and carrying them to Ridgeway. They were Rifles. When we reached Ridgeway there were about 150 of us, mixed red and green. We found no one of the force in Ridgeway when we arrived. It was half-past 10 o'clock when we reached Ridgeway. I remained there about three-quarters of an hour, the men continually leaving and going on towards Port Colborne. I left the village just as the Fenians were coming down the hill. I had about 50 men and officers with me. We took the road towards Port Colborne. At the turn of the road we halted and looked back, and saw a large column of about 400 of the enemy marching down the hill into Ridgeway. I wish to state that the whole regiment (Thirteenth) had sixty rounds each, and when the order to retreat was given we had not expended half of our ammunition.

Question—Is there anything of your own knowledge that you wish to state that it is important this Court should hear?

Answer—No.

ISAAC RYALL'S EVIDENCE.

Dr. Isaac Ryall, Surgeon of the Thirteenth Battalion, was the next witness examined.

Question—Were you present at Lime Ridge on the 2nd of June last, and in what capacity?

Answer—Yes, as Surgeon of the Thirteenth Battalion Question—State your position during the action, and what occurred under your observation.

Answer—I remained with my own battalion until the order was given by Col. Booker to skirmish and relieve the Queen's Own. The regiment at this time was standing on the road beyond the tavern. I followed the line of skirmishers behind No. 4 Company, which passed along the road to the schoolhouse and then advanced to a fence near an orchard. While here a man who was wounded came from the front. He was a rifleman, but I cannot say what corps he belonged to. I examined him and sent him to the rear. I then returned to my post. A few moments afterwards No. 4 Company were ordered to advance, and they went over the fence into the orchard. I then went down to the fence, with the orderlies to assist, and then passed down the fence until coming near the end of it. I cut across the angle to the main road, and there I saw Col. Booker with his bugler and an orderly. The Rifles in reserve were behind Col. Booker, who was between them and the line of skirmishers on the road. Immediately on reaching Col. Booker I heard an order or a cry (which was not from Col. Booker) to "Prepare for cavalry!" I looked around and could not see any cavalry. I then walked to the rear. I am quite positive that the first order to "Prepare for cavalry!" was not given by Col. Booker, because I was quite close to him at the time, and the word came from the front. An order was then given by Col. Booker to "Form square." which was done. I am not positive that this order was given by Col. Booker, but I think so. They did not seem to properly "form square." and in a few seconds they commenced retreating. The square I have referred to was composed of Rifles and the color party of the Thirteenth. My orderly (Robert Maun) was with me at this time. I did not see any of the Thirteenth come up and form in rear of the square. I was going to the rear and saw them commence running. I walked down the road, and the men passed me running. About a quarter of a mile from where the square was formed. I heard Col. Booker give an order, which I repeated twice, for the men to go into a wood on the left-hand side of the road. The order did not seem to be obeyed. I spoke to one man of the Thirteenth, and asked him why he did not obey the orders. He said he would go in if the others did, but he would not go in by himself. Immediately after I saw a man named Powell, of the Thirteenth, who had been wounded and was being assisted by two men. I examined him and found there was no necessity for immediate action, and then got him into a waggon and took him to a farmer's house beyond Ridgeway. I did not see Col. Booker again until I got about a mile or more from the Ridgeway Station, on the road south of the railway, he had been giving some stimulants to a sick soldier of the Thirteenth, who was mounted on his horse. The man 's name was Daniel Laker. I went on with the men. I saw the Rifles resting themselves by the roadside, and the Thirteenth passing them after leaving Ridge way. When we arrived at the point where the railway track crossed the main road, some of the men took the railway track and some followed the road. Col. Booker and I both followed the track, and a train shortly afterwards came up, upon which a number of men got; as many as it would carry. Col. Booker walked on or remained behind. It was only an engine and a baggage car. There were no passenger cars.

LIEUT. FERGUSON'S EVIDENCE.

The next witness examined by the Court was Lieut. John William Ferguson, of No. 3 Company, Thirteenth Battalion.

Question—Did you command No. 3 Company of the Thirteenth Battalion at the battle of Lime Ridge on the 2nd of June last?

Answer—Yes.

Question—State what took place that day under your own observation.

Answer—About ten or fifteen minutes after the firing commenced, Major Gillmor came back to the rear and told Col. Booker that his men were tired and their ammunition nearly expended, and asked Col. Booker to send out the right wing of the Thirteenth to relieve his men. Col. Booker then gave the order to the right wing of the Thirteenth to deploy on No. 3 Company, and this being done, an order was given to extend from the left. We then advanced over a fence through a field, and in the middle of the field we were halted by bugle call. In a few minutes "the advance" was sounded, and we continued advancing until we came under fire. The Queen's Own were then retiring in good order. We then commenced firing and advanced across a field. My company had to cross the road to the left side. Here I changed my front a little to the right, and saw the enemy about 100 yards off. I heard a bugle sound "the retreat," and I gave the command to "retire." We retired about forty yards in line into the original position, firing as we fell back. While retiring I heard the bugle sound the "advance." I then ordered my company to advance, but not to fire until they got where they were before, under cover. I again heard a bugle call which I did not know, but on inquiry was told it was "the alarm." I looked for the cavalry, but could see none. I let my men remain where they were. I then heard the bugle call "the assembly," followed by "the double." I then ordered the men to make for the square the shortest way they could, and they retired on the square. Three of them were wounded while retiring at this time. When I saw the enemy coming out of the woods I went after my men. I saw Major Skinner and Adjutant Henery making for the same point, that is, the square. When I reached where the reserve stood, scarcely any men were there. On my way down I saw one of the Queen's Own lying dead as I passed. Several ineffectual attempts were made to form up the men. At Ridgeway I saw Col. Booker on his horse forming up his battalion into column. They were falling into column of companies, right in front, facing towards Port Colborne, past Ridgeway. As soon as we had formed I heard Col. Booker give the command, "Form fours—right. Left wheel—quick march!" and the column moved off in the direction of Port Colborne. Col. Booker was in advance of the column until we came near a wood, when he told us to keep a sharp lookout for firing from the woods, and he passed back to the rear and towards Ridgeway. The main body of the Rifles was before us. I did not see Col. Booker again. I saw his horse pass by with a body on his back in red clothing. This was about four miles from Port Colborne.

CAPT. B. H. DAVIS' TESTIMONY.

Robert H. Davis, Captain of the York Rifles, was the next witness called.

Question—Were you present at the engagement at Lime Ridge on the 2nd of
June last?

Answer—I was.

Question—State what position you held in the engagement, and what you know, of your own knowledge, what occurred.

Answer—When the firing commenced I was in front of the Thirteenth, in column of reserve. I was sent out with my company alone, as a company in support of the left skirmishing company of the Queen's Own (that was Capt. Sherwood's company, Trinity College Rifles). I remained there until the skirmishers were called in, when I took my company to the rear in fours, and formed them up in rear of the reserve, which was then formed by the Queen's Own. After I had halted and fronted the company, I looked in front of the column and saw the Thirteenth were all out. I thought I was not in my right place, and I countermarched my company to the head of the column, taking, as I supposed, the ground I should have taken when I came in, namely, that held originally by the Thirteenth, to which I was attached. I had scarcely halted here when the order came for two more companies to extend, the leading company to take ground to the left. I went almost over the same ground from which I had just returned, and got to the left of the skirmishers already extended, when I extended my own company from the right, the company on my right being a Rifle company. When within about 500 yards of the enemy, we commenced firing and advancing. We crossed two fields on the other side of the cross-road called the Garrison Road. When I had formed my men by a fence to give them a direct fire into the enemy, I heard a bugle call which my sergeant said was "the retire." He said that it was a mistake, that it was "the advance" that was meant. In a few minutes "the advance" was sounded, and I took my company over the fence behind which they were lying and told them to get to the next one as soon as they could. When about half way across the field "the retire" was again sounded, followed by "the double." I looked along the line of skirmishers and saw them firing and retiring, and a good many running in. We retired, the men firing occasionally, until we reached the Garrison Road. I then closed the company on the centre and crossed the Garrison Road to the next field, then formed "fours right" and marched to where I had left the reserve. In the field on the Ridgeway side of the Garrison Road there was a small farm house on the hill close to the side of the Ridgeway road, and when I came up with the company to this house I saw a company of Rifles in close column of sections, kneeling to receive cavalry. I expressed my surprise at this, and moved my own company up the road. When I reached the fence alongside of the road I saw a good deal of confusion, and I asked generally what was the matter, and what they were going to do. Some officer told me that the order had been given to "Form square" on the leading company of the reserve. I did this with my company, and halted in rear of the column. The order was now passed from the front for the column to retire, and the attempt was made to retire, and in two minutes all was confusion.

Question—Have you any further information to give the Court respecting what occurred at the engagement at Lime Ridge?

Answer—I saw several officers of Rifles and infantry using all their exertions like good men to induce the men to rally and form up again, or to fight in any way. Among these officers were Major Skinner, Adjutant Henery, and Captain Gardner, of the Highland Company, Queen's Own. I had sixty rounds of ball cartridges on going into action, and the men expended between 15 and 20 rounds each.

CAPTAIN GARDNER EXAMINED.

The next witness called was Capt. John Gardner, of the Queen's Own.

Question—State the company you commanded at Lime Ridge on the 2nd of June last, and the particulars of the engagement which took place under your observation.

Answer—I commanded on that occasion No. 10 (or the Highland) Company of the Queen's Own. After leaving the cars at Ridgeway, the brigade was formed in quarter distance column, right in front, the Queen's Own leading, the York Rifles next, then the Thirteenth Battalion, with the Caledonia Rifles as the rear guard. After loading with ball cartridges. No. 5 Company of the Queen's Own (Capt. Edwards) was sent out as the advance guard. I believe that company was detailed for this duty because it was the only company that was armed with the Spencer rifle. I cannot say whether we were marching in column of companies or sub-divisions, but after the advance guard had got out a reasonable distance the column was moved on. After marching some distance we were halted, and then the skirmishers were thrown out. The whole brigade then advanced in this order, and halted once or twice to maintain their proper distance. Upon seeing what they took to be the enemy on the left, two additional companies were sent out. At this time Col. Hooker and Major Gillmor endeavored by the use of their glasses to ascertain where the enemy were. Then the skirmishers on the left stopped for a moment, when the bugle sounded "incline to the left." and some of them. I think, raised their hats upon their rifles, but did not obey the call, probably from not hearing the bugle call. A sergeant was sent out to tell them to incline more to the left. He had just reached them, when firing commenced by two or three shots being fired on the left of the road, and almost immediately the enemy opened upon us a regular volley from our front. Our men then returned the fire, continually advancing until they occupied the ground from which the Fenians first fired upon them. At this time eight companies of the Queen's Own were out. Nos. 9 and 10 were with the reserve on the road. At this time No. 9 Company was sent out to the right of the skirmish line, and my company as their support. I do not think I was two minutes supporting them, when I was ordered to reinforce the line by joining them. As soon as I did so. No. 9 Company moved into the wood on my right. I remained fifteen or twenty minutes in this open field, firing at the enemy who were under cover in the woods, the bullets coming like hail. I was then relieved by one of the companies of the Thirteenth Battalion, and I retired to the reserve on the road. None of my men were injured. I had just halted my company in rear of the column when Col. Booker came up to Major Gillmor and told him he wanted a company sent to our right, to prevent the Fenian left from flanking us. The column at this time forming the reserve was composed of companies in red and partly of companies in green. Major Gillmor looked at the column, and said to me. "Captain Gardner, take your company." At this time the column was standing at the crossing of the Ridge Road with the Garrison Road. I then faced my company to the right and marched along the Garrison Road in file, all the time exposed to the fire of the enemy, until we reached the wood on the right. I extended while marching towards the woods. I then ordered them to enter the woods in skirmishing order. We had no support, and so continued during the engagement. The enemy was in the woods in front of us, and on our approach retreated. On reaching the other side of the bush they retired, and we found on the ground they had been occupying several articles which I believe are still forthcoming. We remained on the edge of this field firing upon the enemy, who were in the bush opposite, and kept up their fire upon us. The field between us and the enemy was about 400 yards, varying in width. We continued here engaged with the enemy for some time, until we heard some cheering on our left front, along the enemy's line. I thought it was our men cheering and making a dash on the enemy. I then ordered my men to get over the fence and cross the field to the left, in the direction from which the cheering came. As soon as we came to the opening commanding a view of the field, we perceived that it was the Fenians who had cheered, and were advancing in large numbers towards our forces. Sergeant Bain, from an elevated position, saw the enemy coming down on them on a run, and cried out, "Retire, retire!" Then we made for the head of the column of reserve on the road. In reaching this point we had to pass through the fire of the advancing enemy the whole time. At first the fire passed over our heads, but as we neared the column it lowered, and bullets struck around us everywhere. My left sub-division alone came in with me. The right sub-division went with Ensign Gibson through the wood to the rear and around to our reserve, but I cannot particularize as to them. On crossing the fence next to the column I met Capt. Davis, of the York Rifles, and saw the column in the road standing in the form of three sides of a square, and a number of men standing loosely around. Some of the men in the square had their bayonets fixed and some had not. I here saw Major Gillmor, Capt. Otter, Capt. Morrison, Lieut. Bennett, Lieut. Beaven, Capt. Brown, Capt. Douglas, and perhaps others of the Queen's Own. I also saw Capt. Henery, Adjutant of the Thirteenth Battalion. Other officers of that corps might have been there, but I did not see them. Lieut. Ramsay came in with me, and stayed to the very last. Capt. Davis and myself organized a strong company of volunteers from this crowd, when Major Gillmor came up to me and said there was no use in sacrificing these men, as our main body was retreating towards Ridgeway. These men who remained in the rear kept up an incessant fire upon the enemy all the time they were standing there. The fire from the enemy suddenly ceased, and it was then that Capt. Davis and I endeavored to form up the company composed of volunteers to make a stand. Major Gillmor having expressed his opinion that it was no use to sacrifice these men, we all deliberately retreated towards Ridgeway. As we proceeded a few stray shots were at one time fired at us, but no further attack was made upon us.

Question—Have you any further information to give this Court respecting the engagement at Lime Ridge which you think may be of public interest?

Answer—No.

ENSIGN MACLEAN'S TESTIMONY.

The next witness called by the Court was Thomas A. McLean, Ensign of No. 6 Company of the Queen's Own.

Question—Were you present at the engagement at Lime Ridge on the 2nd of
June?

Answer—I was. Whilst the column was advancing on the road from Ridgeway to Stevensville, the advance guard gave the signal that the enemy was in sight. I saw on the left what I took to be a small party of our men running towards the woods, at a distance of about half a mile. A detail of several companies from the Queen's Own were now sent out to skirmish, and our company (No. 6) went out as the right flanking party, being posted at right angles with the line of skirmishers, in skirmishing order. We advanced through a wood on our right, feeling for the enemy. We saw no one and were recalled in about fifteen minutes and sent out as a support to a company on the right of the road and towards the right of the skirmishing line. As we were advancing in this order fire was suddenly opened from the enemy in front along our line, which the skirmishers immediately returned. As soon as the fire opened the skirmishers doubled up to cover, and we were advanced to a wheat field and were ordered to lie down. We again advanced, the enemy retreating. In about twenty-five minutes the order came to relieve skirmishers. We at once doubled up, extending on the double, and relieved the company in front of us, who retired, and I suppose formed our support. Our company, on getting into the skirmish line, immediately fired and advanced at the double over two fields. Then there was a check for a short time, with a sharp fire on both sides. Then we advanced again, inclining rather to the left, and drove the enemy out of the orchard and from the barn and fences. We held the barn and orchard for some time. A company of the Thirteenth came up in extended order in our rear. They did not relieve us. They were from 50 to 60 yards in rear of us. One or two officers and two or three men came up to the line of skirmishers, and my men complained to me that those men of the Thirteenth behind us would shoot them, as they were firing over the heads of my company. I got up and asked them if they had come to relieve skirmishers, but got no answer. I turned around to my men and said. "Boys, peg away. They are not going to help us." They did not relieve us, but stayed at the fence in rear of us, and some of them fired from that position over the heads of my men, and some of them to the left. The firing continued for a little while after this, and I saw the Fenians advancing down the road. They were pushing forward their skirmishers and were advancing, as I thought, in a heavy column of companies. They continued their advance, and we received an order to retire. We then retired as skirmishers usually do in closing in on their supports. We came out, but found no support to close upon, and reached the open space where there was a large body of men formed into square. After reaching this open space I heard a cry of "Cavalry." but saw none. I heard a cheer from our square, and from some cause the rear of the square seemed to turn and go down the road. The square now seemed to dissolve, and the men formed a confused mixture of red and green down the road to Ridgeway. Some men halted in the rear and delivered their fire. Many of the officers used their endeavors to stop the retreat. I left the main body because I found that from the effect of a heavy fall I had just received I could not keep up with the column, and I therefore went into the woods on our right as we were retiring, and kept out of reach of the enemy. I advanced in line with their skirmishers as long as their fire lasted, from a half to three-quarters of a mile. I then stopped and laid down to watch the main body of the enemy pass along the road. I had a good position to see from, at a distance of about 400 yards. I noticed that every time our men fired it checked the enemy, as their long line of skirmishers would halt. The main body advanced, as I thought, in column of fours. I counted a number of fours, and then as they passed I gauged another party, and so on until all passed, and allowing for their advanced skirmishers and rear guard, I think there were 1,500 men, if they were marching in fours, as I believe they were. After they had all passed I made for a farm house. Shortly afterward I left for Col. Peacocke's column, who I heard was a short distance away, at New Germany. I arrived there at half-past 1 o'clock and reported myself to Col. Peacocke, who ordered me to stay with his force.

Question—Have you any further information within your own knowledge, of public interest, to convey to the Court respecting the engagement at Lime Ridge?

Answer—No.

REV. MR. INGLIS EXAMINED.

The next witness called by the Court was Rev. David Inglis, a
Presbyterian minister.

Question—Were you present at the engagement at Lime? Ridge on the 2nd of June last?

Answer—I was.

Question—State your position on this occasion, and whatever part of the action or proceedings that came under your observation that may furnish any information to the Court.

Answer—I left Ridgeway in the ammunition waggon, and was behind the main body, among the rear guard. A little before the firing commenced the rear guard halted, and the waggon in which I rode was brought up to the rear of the main body. After the firing commenced the rear guard passed us, and the waggon was then halted. Rev. Mr. Burwash and myself left the waggon and hastened to the rear of the Thirteenth. A cry was raised that one of the Queen's Own was wounded. "Where is the doctor?" We hurried on and met Dr. May with several men of the Queen's Own bearing Ensign McEachren from the field. They took him into a log house on the left side of the road, and Dr. May desired me to inform him that his wound was mortal. I told him so, and spent some time with him in religious service. I then left him with Rev. Mr. Burwash, whose parishioner he had been for some time previously, and went out to see if I could be useful elsewhere. It afterwards took up a position on a pile of stones on the road which gave me a view of the position of the troops. I think it was now about twenty minutes since the firing commenced that killed Ensign McEachren up to the time of my getting upon the pile of stones. At this time I observed a part of the Thirteenth out as skirmishers, and other portions of the same regiment in more compact bodies behind them. I think I saw a company of green coats out on the right of those companies of the Thirteenth that were skirmishing. At this time, on the main road near me, were formed up a body of men in green coats, composed, I should say, of three or four companies, and with these men were the colors of the Thirteenth Regiment, surrounded by a few men of that corps. The firing at this time from the enemy was very rapid. I left this place and went back to the hospital, and returned again in about half an hour. On my return I noticed that the firing of the enemy on our left had very materially slackened, but was kept up regularly, although not so rapidly as on the right. A bugle sounded near the colors of the Thirteenth produced an obvious commotion among the men. They were looking about them, very much as though they knew not what to do. After a short interval another bugle call sounded from near the centre of the reserve, where the colors were. The men in the reserve by command formed a square after this bugle sounded. It was not a perfect square. This was succeeded by another bugle call and words of command. The result of that was that these men who had "formed square" were getting back to their former positions. Then came a fourth bugle call. The effect of this was that the whole line of skirmishers and those in support of them, as well as those in the road near me, made a motion to turn around. At this moment a small number of men (about 25 or 30) broke from the ranks and ran down the road, leaving the remainder standing mostly faced to the rear. These men were all dressed in green. Immediately behind those that were running away came from six to eight in red coats, who ran after the others down the road. The skirmishers and supporters were all retiring. I then ran over to the hospital and told Dr. May that our men were retiring. He said he would take all the wounded men with him. Just afterwards I noticed a great rush of men to the rear. I had left the hospital to see how matters were, and to see if our men were still retiring, and had started to return, but the rush of men was so great that I could not get across to the hospital. This retreat continued, with the red and green mixed together. I passed down and got up on the ammunition waggon, and found that Dr. May was ahead of me with his patients. While on the waggon I noticed in the rear of the retiring column a number of men (between 100 and 200, I think), composed of red and green, seeming to be drawn up across the road in pretty good order. Down the road a short distance an attempt was made to rally or re-form the men, which was to a good extent successful. Before we came to Ridgeway there was a halt. A man in uniform came and took the horse which Col. Booker had been using. Shortly after this I saw Col. Booker on the horse coming towards Ridgeway. From all I saw and heard of the men. I can bear testimony that with very few exceptions there was no evidence of cowardice. They displayed good spirit, and were all eager to meet the Fenians on the following morning.

This concluded the evidence taken by the Court of Inquiry in regard to the matter under consideration. After due deliberation, and a careful sifting of all the testimony given, the following was given as the result of the investigation, which received the approval of the Militia authorities:—