2. In that he, during the battle of August 21, 1904, having received an order from his immediate Commanding Officer—the Commandant of the Fortress—to send two battalions of the 14th East Siberian Rifle Regiment to the advanced forts on the north-east front, did not at once obey the order, but entered into an untimely argument with the Commandant, and did not himself accompany the last unit of the reserve under his command.
Provided for under, etc.
3. In that he, having no official position in the defence from August 22, 1904, to December 16, 1904, and going round the positions on his own initiative, under the pretext of assisting the defence, but really in a cowardly desire to prove himself superior in bravery, knowledge and ability to the other commanders, did allow himself to discuss affairs and to issue 'Memoranda,' in which he not only offensively criticized the actions of those who were not under his orders—accusing them of incompetence and cowardice—but also spread abroad the idea that the defence of the forts and fortified positions should not be carried to such a length as to cause many casualties, and did act in such a manner that his views and 'Memoranda' became known to the garrison at large (including the soldiers), by which he shook the belief of the troops in the necessity for, and the possibility of, holding the defences to the very last.
Provided for under, etc.
4. In that he, having on December 16, 1904, taken over the duties of Commander of the Land Defences of the Fortress of Port Arthur, and finding it impossible to hold Fort No. 2 any longer, did report this fact personally to the Officer Commanding the District, and did not report it to the Commandant of the Fortress, to whom he was directly subordinate, and having received General Stössel's permission on December 18, 1904, did order that this fort should be abandoned and blown up without informing the Commandant.
Provided for under, etc.
5. In that he, while Commander of the Land Defences of the Fortress, and being aware of General Stössel's intention to surrender the Fortress of Port Arthur to the Japanese before all means of defence had been exhausted, as the fighting strength of the garrison and the amount of supplies and munitions of war assured the possibility of a continuance, concurred in this intention, and assisted General Stössel in the execution of it. For instance:
On December 1, 1904,[46] reporting to General Stössel that it was necessary to send a parlementaire at once to General Nogi with proposals to capitulate, and then, after its despatch, upon his own responsibility, and in spite of the orders of the Commandant, ordering, under threats, General Gorbatovsky, who was in command of the defences on the east front, to abandon Little Eagle's Nest, Kuropatkin Lunette, and B Battery without a fight, which works were accordingly in the evening abandoned by our troops, he—Lieutenant-General Fock—knowing full well that by these dispositions of his he had placed the defence of the Fortress under most disadvantageous conditions should the negotiations for surrender be for any reason broken off, and had enabled the Japanese representatives to demand from us most disadvantageous and degrading terms of capitulation.
Provided for under, etc.
Lieutenant-General Smirnoff is charged as follows: