As to the 3rd Charge.—That this charge, being also grounded upon certain knowledge alleged to have been in the possession of Lieut.-Colonel Dennis at a particular time with respect to the great superiority of the enemy's force, and that whilst possessing that knowledge, and there being time to avail himself of the line of retreat alleged to have been open to him, he neglected to do so, is not sustained by the evidence before the Court. And with reference to the remainder of this charge as to the aforesaid officer not allowing a fire to lie opened upon the enemy, but on the contrary directing that no order to fire should be given, the Court are further of opinion that this part of the charge is not only not sustained, but is refuted by the evidence offered on behalf of Lieut.-Colonel Dennis.
As to the 4th Charge.—That with reference to the grave accusations contained in this charge, the Court are of opinion that throughout the whole of the affair, and up to the moment when he ascertained from personal observation that the enemy was on the point of cutting off his command by an overwhelming force, the dispositions of his party and the orders given by Lieut.-Colonel Dennis were carried out and given in a perfectly collected and regular manner, and that on the retreat of his force his position was not such as to warrant the use of the language in which this charge has been framed, nor did Lieut.-Colonel Dennis, as alleged, leave his force without orders, and that therefore not only is this charge not sustained, but this Court are further of opinion that the imputation contained herein against Lieut.-Colonel Dennis is by no means supported by the evidence.
As to the 5th Charge.—That as to this charge nothing which has transpired in the evidence offered before this Court having varied the report made by Lieut.-Colonel Dennis to Colonel Lowry, the officer commanding on the Niagara frontier, as published in the Gazette of the 23rd of June last, and finding that the statements therein contained are fully supported by evidence before the Court, this Court are further of opinion that this charge is not sustained.
As to the 6th Charge.—That with reference to the allegation of misconduct on the part of Lieut.-Colonel Dennis contained in this charge, the officers preferring it, having based that assertion on an opinion which they appear to have formed as to the course which ought to have been, but was not adopted by Lieut.-Colonel Dennis with the force at his disposal, the Court are of opinion that although subsequent events and results may have properly led to the conclusion that such a course might have resulted in the manner alleged in the charge, no charge of misconduct in not adopting such a course is sustained, first, because it does not appear from the evidence that at the time when it is alleged that this course might have been successfully adopted, the officer in command had foreseen occasion for it. And also because it is by no means clear to the Court that there was time after he became aware of the vicinity of the enemy to have taken the steps suggested in this charge.
(Signed) GEO. T. DENISON,
Colonel, President.
J. SHANLY,
Lieut.-Colonel.
S. B. FAIRBANKS,
Lieut.-Colonel.
Fort Erie. 8th November, 1866.
Colonel Denison, the President, having been overruled by the majority of the Court, has signed the proceedings as its President, and now desires to express his dissent from the finding of the majority for the following reasons:—
Second Charge.—That as to the first allegation, "that 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 captured," it appears to be proved by the evidence that this fact is established. The evidence of Drill Instructor McCracken, Lieutenant McDonald, Henry Cole, Thomas Carlisle, Lieutenant Nimmo, and of Lewis Palmer, show clearly that messenger after messenger arrived with this information, that most of the officers and men were aware of it, and that the remonstrances of Capt King and Capt. McCallum show not only their appreciation of the danger, but also afford the strongest presumption that Lieut.-Colonel Dennis must have been aware of it before he marched his command off the dock. This is also further established by the admission of Lieut.-Colonel Dennis in his "Statement of Facts" submitted to the Court, that he himself, after hearing the report, saw at least one hundred and fifty of the enemy before landing his men, and his further statement of his having sent word to the "Robb" to secure the boat and prisoners in case he was overpowered, and his having withdrawn his men from Ramsford's Corner to a position near the "Robb," all prove the evidence of doubts in his mind as to whether he had sufficient strength in his command to successfully resist the force which he was informed was about to attack him. And as to the remainder of the second charge the evidence proves it conclusively.