1st Charge.—With having at Fort Erie on the afternoon of the 2nd June last, after having received information that an overwhelming force of the enemy was advancing on and was within a very short distance of that place, evinced an utter disregard for the lives and safety of the officers and men of the Welland Canal Field Battery, and the safekeeping of a large number of Fenian prisoners in charge of that corps and the Dunnville Naval Brigade, in this: that he ordered billets to be prepared for the Battery and told the officer commanding it that he should leave it and the prisoners in Fort Erie and go on himself to Port Colborne with the Dunnville Naval Brigade with the steamer "Robb," then lying at a wharf in Fort Erie.

2nd Charge.—With having at Fort Erie on the afternoon of the 2nd June last, after he had received information that a large and overwhelming force of the enemy was within a very short distance from his command, and that his command was in danger of being destroyed or captured, and after having himself seen that force approaching, recklessly and uselessly landed 5 officers and 68 men of the Welland Canal Field Battery and Dunnville Naval Brigade from the steamer "Robb," marched them along an exposed road, and posted them in a most dangerous position, where they were exposed to a front and flanking fire from the enemy, which course on his part resulted in disaster to his command, the serious wounding and maiming (some of them for life) of an officer and five men, and the capture by the enemy of four officers and thirty-two men of that command.

3rd Charge.—With having at Fort Erie on the afternoon of the 2nd June last, after having placed his command in the dangerous position described in Charge No. 2, and when a force of the enemy greatly superior in numbers to his command was within a very short distance from and advancing upon his left flank, and another force of the enemy far stronger than the one first herein mentioned was within a very short distance of and advancing against his front and preparing to flank his right, the whole force of the enemy being overwhelming and numbering 500 or 600 men, while his command only numbered 5 officers and 68 men, neither ordering a retreat to the steamer "Robb," which there was ample time to effect, and whereby his whole command might have been saved, nor allowing a fire to be opened on the enemy, but on the contrary, neglecting to give orders for a retreat, and directing that no order to fire should be given.

4th Charge.—With having, at Fort Erie, on the afternoon of the 2nd June last, after he had placed his command in the dangerous and exposed position described in the preceding charges, and given the order not to fire as therein mentioned, disgracefully, in the face of the enemy, and in order to secure his personal safety, deserted his command and left it without orders of any kind.

5th Charge.—With having, on or about the 4th June last, in a certain report of his proceedings addressed to Colonel Lowry, commanding the Niagara frontier, untruly, and knowing it to be untrue, stated that, having advanced to meet the enemy at Fort Erie on the 2nd June last, he did, in order to save the prisoners then on board the tug "Robb" and prevent the enemy from obtaining possession of that vessel, order the Captain of that vessel to cast off and get into the stream, and ordered his (Colonel Dennis') men (meaning his command, landed as aforesaid) to retreat and do the best they could to get away, each man for himself, when in reality he did not give such orders, and had at the time of which he alleges he gave them, deserted his command.

6th Charge.—That he was guilty of misconduct at Fort Erie on the afternoon of the 2nd June last, in this, that having received information that an overwhelming body of the enemy was then within a very short distance of and advancing against Fort Erie, and in fact seen that body himself, he should and might, instead of placing his command then at Fort Erie in the dangerous position described in Charge No. 2, have embarked it in the steamer "Robb," so protected that vessel with materials at hand that she would have been proof against the fire and weapons of the enemy, and dropping into the stream, held the enemy in check without any casualty to his command, and prevented them from escaping to the United States before the arrival of a force sufficiently strong to capture them.

The Court having proceeded to the examination of the evidence brought forward against the accused, as well as what he has offered in exculpation, and having duly considered the same, are of—

OPINION.

As to the 1st Charge.—That the allegation that Lieut.-Colonel Dennis, after having received information of the near approach of an overwhelming force, made arrangements for billetting his men at Fort Erie, thereby raising the inference that in so acting he evinced disregard for the lives of the officers and men of the party under his command, is not sustained. And that of the part of this charge attributing to Lieut.-Colonel Dennis an expressed intention (with or without such information as he is alleged to have had) of leaving a part of his command at Fort Erie and taking the steamer and remainder of the force to Port Colborne, there is not any evidence whatever in support.

As to 2nd Charge.—That this charge, based on the assertion not only that the accused officer was in possession of certain information, but had actual personal knowledge of the approach of a large and overwhelming force of the enemy, is not sustained by the evidence before the Court. On the contrary, with reference to the alleged knowledge of that fact, the Court is of opinion that the rumors which immediately before his party was disembarked to repel any attack on the village of Fort Erie, were, in so far as regarded the strength of the enemy's force, so much at variance with previously received information of a definite nature, as to be disbelieved not only by Lieut.-Colonel Dennis, but to some extent by the officers who have preferred the charges against him. And it appears to the Court that it was only after he had got his men into position, and after they had come into actual contact with the enemy, that the great superiority in numbers of the attacking force became a matter of certainty.