The column of route was formed as follows: Advance guard of Queen's

Own; remainder of the battalion, Major Gillmor commanding; York Rifles.

Captain Davis; the 13th Battalion, Major Skinner in command; the

Caledonia Rifles (Captain Jackson), forming the rear guard. On the

advance I was in the centre of the column, looking out for signs of

the enemy. After proceeding about two miles the advance guard signalled

indications of men moving in our front. The column (say 840 of all

ranks) was hereupon halted on the road. I gave the horse on which I rode

to the Orderly, in order that I might carefully examine with my field

glass the country over which we were advancing. Soon after I observed

loose horses moving about in the woods to our left front, but saw no

men.

Before ordering the advance, flanking parties were thrown out to scour

the woods, right and left. This duty was performed by companies of the

Queen's Own. Proceeding in this order for some distance, a volley was

fired upon our advancing men from behind the zig-zag fences in the open.

Our volunteers accepted the challenge. The affair had commenced.

The Queen's Own, as skirmishers and supports, slowly advanced, pushing

back the enemy. We were gradually changing our front to the right, when

Major Gillmor wished me to relieve the Queen's Own and send out the

reserves, as his men were falling short of ammunition, and that one

company (No. 5) had none for their Spencer rifles. I at once directed

the right wing of the reserve to deploy on the rear company to the right

and to extend. Major Skinner commanded the 13th Battalion, and acted

throughout out very gallantly. The movement was admirably executed. The

York Rifles were on the left and No. 1 Company of the 13th Battalion on

the right of the line. A hearty cheer was given by the Queen's Own when

they saw the 13th advancing, who, with the company named, relieved

the Queen's Own, supported by the left wing of the reserve, which was

composed of the 13th Battalion. The Queen's Own then became the reserve.

The 13th and York Rifles in advance, driving the enemy before them

to the woods, cheered heartily and were answered by the yells of the

Fenians. I felt anxious about our right flank, as with my glass I

noticed the enemy throwing back his right into the woods. I requested

Major Gillmor, who was in command of the reserve, to keep a sharp

look-out for the cross roads on which the reserve rested, and to send

two companies from the reserve to occupy and hold the woods on the hill

to our right. He sent the Highland Company of the Queen's Own to perform

that duty.

At this time (nearly 9.30 a.m.) two telegrams were brought to me by a

gentleman from Port Colborne, one informing me that the column under

Col. Peacocke could not move until 7 o'clock, and the other in the

following words:

CHIPPAWA, June 2, 5.30 a.m.

_To the Officer Commanding, Port Colborne:_

Be cautious in feeling your way, for fear obstacles should prevent a

junction. If possible open communication with me, and I will do the

same.

(Signed) G. PEACOCKE.

At this unexpected information I was much disappointed. Major Gillmor

was then with me, and I showed it to him. I at once realized that the

force which I had expected about this hour at Stevensville could not

now render me assistance, and turning to Detective Armstrong (who

had accompanied us from Hamilton and obtained a horse at Ridgeway), I

desired him to convey to Col. Peacocke a message I wrote on the telegram

I had just received, to the effect that the enemy had attacked us in

force at 7.30, three miles south of Stevensville.

Immediately afterwards Major Gillmor reported that the Highland Company

had been compelled to leave the woods on our right, as they had found

the woods occupied by Fenians. Almost simultaneously cries of "Cavalry"

and "Look out for cavalry" came down the road. I then observed men

doubling down the hill. In the next few moments events succeeded each

other very rapidly. As the cry came down the road, directions were given

the reserves on the road to "Form square." At this crisis the fire of

the enemy came heavily to our right flank, as well as into the front

and rear of our force in advance. I saw nothing to justify the first

impression that we were to be attacked by cavalry. I gave the word to

"Re-form column," with the view of deploying, when to my surprise I

found the rear of the reserve which had formed part of the square had

dissipated, and moving down the road. Major Gillmor came and reported to

me that the enemy was bringing up his reserves. I asked him how he knew.

He replied that he saw them himself. I then inquired, "In what shape?"

when he replied, "In column--in mass of column." I then ordered to

retire. But the confusion had become a panic. The Thirteenth did all

that men could do under the circumstances, and were the last in the

retreat, which became general.

Many men were trodden down. I endeavored to rally the retreating mass,

and gave orders to hold the woods on either side, and some little

distance down the road was assisted by Surgeon Ryall (of the Thirteenth)

and several men, but all of no avail. Bugler Clarke (of the Queen's Own)

sounded "the halt" at my request several times. The horse was brought

to me and I mounted and rode amongst the men. I entreated them to

rally, and implored them to halt, but without effect. If I could form at

Ridgeway I might refrain order. I there found Lieutenant Arthurs, of the

Queen's Own, and other officers, attempting to rally and form companies.

I called for "coverers" for the men to form. I was answered that the men

could not find their officers. I then ordered the men to fall in so as

to show a good front. The attempt was made, but without success, and

I ordered the retreat upon Port Colborne, towards which place many had

previously turned their steps. I requested a gentleman from Toronto

(Mr. George Arthurs), who was present at Ridgeway, and mounted, to ride

forward to Port Colborne and report that we were retiring, and to send

help down the road for the stragglers. I saw that the colors of the

Thirteenth were safe, and I moved off with the column. A short distance

from Ridgeway I dismounted and walked with a member of the Queen's Own

who was wounded, and kept the road afterwards for some time with him.

A volunteer rode the horse into Port Colborne, where we arrived, much

fatigued and distressed, at about 3 p.m. Nearly two miles from Port

Colborne I was, with others, taken up by the second train which came

down the road to meet us. The train took up several officers of the 13th

and the Queen's Own.

At Port Colborne, through the kindness of Mr. Pring, the Collector of

Customs, I was provided with the requisites for writing my despatches

to the Major-General Commanding and to Colonel Peacocke. The drafts were

perused by Major Gillmor; and one despatch was copied by Major Cattley

of the Thirteenth and the other by a non-commissioned officer of the

Queen's Own.

Shortly after returning to Port Colborne I received advice of ten

companies of volunteers from Paris. Others arrived during the

evening. Among the latter were the Home Guard of St. Catharines, under

Lieut.-Col. McGiverin. I beg leave especially to thank that officer for

the assistance he afforded, and for very generously dividing with my

command the provisions lie had brought from St. Catharines with him for

his own men.

Prisoners were being brought in in numbers, and every question was

referred to me personally. I had no Major of Brigade, no aide, no staff,

not even an office clerk of whose services I could at the moment

avail myself, while farmers as scouts were coming in with their varied

reports. I felt it due to the large force of volunteers under my

command to request the Major-General Commanding to relieve me and send

a professional soldier (one from whom I might take my orders) to assume

the command.

When at Port Colborne I reported that the Thirteenth and Queen's Own

were alike tired and hungry, and that if it were possible they should

have a day's rest, and that those volunteers who had arrived during the

day of the 2nd of June at Port Colborne should be sent forward first.

I pointed out that uncooked rations, which it was intended to serve out

to the Queen's Own and the Thirteenth, would not benefit them, as they

were without the necessary appliances to cook and make use of them. But

it was not by my wish that the Thirteenth were detained at Port Colborne

on the morning of the 3rd June, while the Queen's Own were ordered to

march on to Fort Erie. I was anxious that both should be thoroughly

refreshed, and I felt regret that the companions of the day previous

should be separated, as they were equally able to proceed.

Then, either from misunderstanding, or perhaps that I was not

sufficiently explicit, I found that I had been relieved from the command

of my own battalion, and not of the general command only, as I had

expected. I immediately communicated with Majors Skinner and Cattley

that I had been relieved.

The history of my connection with the campaign, which resulted in

the expulsion of the Fenians from the Niagara District, has now been

detailed, from the moment I received orders until I was relieved from

command. I submit to those to whom the inquiry of my conduct on the

occasion may be entrusted, that the state of affairs which existed at

Port Colborne on my arrival at 11 o'clock p.m. on Friday. 1st of June,

will be better understood if the communications which previously passed

between Colonel Peacocke and the officer commanding at Port Colborne

were obtained. I have reason to believe that they will bear materially

in explaining the plans proposed and under consideration before Captain

Akers' arrival, and the propriety of the modification which, if Colonel

Peacocke's approval were obtained, was to have been pursued.

I further submit the official despatches connected with the affair at

Lime Ridge, published by authority in the _Canada Gazette_ of Saturday,

23rd June, 1866. Upon two points I expect inquiry will be directed,

namely, to the capacity and care shown by me for the command entrusted

to me, and my personal conduct on the field. On this latter point I ask

for the evidence of those who are present.

That every precaution and every consideration for the comfort and

advantage of my battalion which the circumstances did permit, I

confidently assert were taken.

The volunteer force from Hamilton answered to the call for service with

alacrity. The entire force which I had the honor to command was

animated with the highest feelings of patriotism and zeal. All personal

considerations gave way, all hardships were borne cheerfully and without

a murmur. We had but one wish--to meet the enemy; and but one hope, to

aid in his discomfiture; and if under the trying circumstances in which

we were placed the result was not so triumphant as the devotion and

heroism of the volunteers deserved, I trust that as their conduct cannot

be impugned, the Court of Inquiry will, on appreciation of the facts,

exonerate their commanding officer from the complete want of success of

an attack which undoubtedly caused the enemy to abandon their plans of

invasion and commence their retreat.

A. BOOKER,

Lieut.-Colonel.

The Court then proceeded to the examination of witnesses.

The first witness called by Lieut.-Col. Booker was Major Chas. T.

Gillmor, commanding the Second Battalion, or Queen's Own Rifles.

MAJOR GILLMOR'S EVIDENCE.

Question from Lieut.-Col. Booker--When I relieved the Queen's Own

and advanced the Thirteenth, did you report to me that your men were

becoming short of ammunition?

Major Gillmor--On some one occasion I mentioned that one or two

companies stated to me that they were short of ammunition.

Question from Lieut.-Col. Booker--When the Thirteenth were in action,

did you send out the Highland Company, at my request, to hold the woods

to our right, and the road, from the reserve?

Answer--I did send out the Highland Company with orders as described,

but I cannot say if it was before or after the Thirteenth went out.

Question from Lieut.-Col. Booker--What did they report on their return?

Answer--I don't recollect their return. I believe them to be the last to

leave the field.

Question from Lieut.-Col. Booker--Did you hear the cry of "Cavalry"?

Answer--Yes.

Question from Lieut.-Col. Booker--Did you see the Fenian reserves

advancing after the cry of "Cavalry'"?

Answer--No.

Question from Lieut.-Col. Booker--Did you see that we were outflanked to

the right?

Answer--No, I believe it was the reserve. I could not see the extreme

right.

Question from the Court--On what do you ground your belief that they

were not outflanked on the right?

Answer--Principally on the statements of the officers and men who were

out skirmishing on the right.

Question from Lieut.-Col. Booker--Did you notice men coming down

the hill to our front at a double, in front of the reserves, crying

"Cavalry"?

Answer--No.

Question from the Court--When three companies of the Thirteenth were

sent out to relieve the Queen's Own, had the movement been executed

before the retreat was sounded?

Answer--No, so far as my knowledge extends. Both lines of skirmishers,

Rifles and Thirteenth, came in together.

Question from Lieut.-Col. Booker--Was the endeavor made to bring the men

out of square into column?

Answer--Yes. They did re-form column.

Question--Was the rear of the column or square now in retreat?

Answer--No. Not at that time.

Question from Lieut.-Col. Booker--Do you consider there was a panic when

the retreat commenced?

Answer--I think the retreat was caused by a panic. After the column

was re-formed I ordered the two leading companies again to extend and

skirmish. They did so. I ordered the rest of the column, which at that

time was composed of Queen's Own and Thirteenth mixed together, to

retire, as they were exposed to a heavy fire on the front and right from

the enemy's front and left. This order was being obeyed by the men with

reasonable steadiness, when as I was standing in rear of the retiring

column, I heard them cheer loudly and call out "reinforcements." I

then saw some men in red, whom I believe were the left wing of the

Thirteenth, and whom these men, I suppose, took to be reinforcements.

When these men in red heard the cheer they broke and retired. Then the

whole column became disorganized. This was about 9 o'clock a.m. The

first shot was fired about half-past seven a.m.

Question from Lieut.-Col. Booker--Did you believe, when you saw my

despatches to Col. Peacocke and Gen. Napier, that they were correct, and

did you concur in the correctness of them when you were with me in the

customs office at Port Colborne?

Answer--Yes, the general tenor of the report was correct, and I assented

to it.

Question from the Court--Is there anything in Lieut.-Col. Booker's

report, just read to you, that places the Thirteenth Battalion in a

false position?

Answer--No.

Question from Lieut.-Col. Booker--Do you think the men could have been

rallied after they had commenced the retreat?

Answer--The whole force could not have been, but I could have rallied

two or three hundred men around me at any time during the retreat, had

I been disposed to do so. Officers of both the Queen's Own and the

Thirteenth were frantically exerting themselves to rally their men, but,

knowing that I could not be relieved by Col. Peacocke, and fearing that

the enemy might pass to our rear, I thought it wiser to conduct the

retreat in as orderly a manner as I could.

Question from Lieut.-Col. Booker--Were you satisfied with my conduct on

the field?

Answer--Col. Booker asked me the same question in Port Colborne, and I

now give him the same answer that I did then, which was, that I could

see nothing in his conduct to disapprove of, except with regard to the

formation of the squares, which I thought at that time was a mistake,

and I think so still.

Question from Lieut.-Col. Booker--As you were not mounted, would you

explain the reason why you did not take your horse with, you when you

left Port Colborne?

Answer--I had my horse at the station at Port Colborne, when Mr.

Magrath, the manager, told me that I could not get him off the cars at

Ridgeway without breaking his legs, there being no platforms.

EVIDENCE OF CHARLES CLARKE.

The second witness called by Lieut.-Col. Booker was Charles Clarke, a

Government detective officer, by commission from Mr. G. McMicken, the

stipendiary Magistrate at Windsor.

Question from Lieut.-Col. Booker--Were you with the volunteers in the

affair at Lime Ridge on the 2nd June?

Answer--Yes.

Question from Lieut.-Col. Booker--Did you see the square disperse?

Answer--Yes. I was with the reserve in the ranks when the square was

formed. A number of men, as they were coming in as the reserve, cried

out, "Prepare to receive cavalry!" I should say it came from as many as

fifty men. I saw the column re-formed. At this time a body of red-coats

were coming around a curve in the road about two hundred yards in rear

of the square. The Queen's Own and those of the Thirteenth began to

cheer, supposing them to belong to the 47th Regiment coming to their

relief. As soon as we ascertained that they were not the 47th, we

supposed that they were two companies of the Thirteenth who had

been driven in by main force, and the result was that we became

panic-stricken, and we all broke. I saw several officers belonging to

the Queen's Own and the Thirteenth attempting to rally the men. I saw

Lieut.-Col. Booker attempting to rally the men, telling them to get into

the bush on each side of the road, about four or six hundred yards from

where they commenced to retreat. He got the bugler to sound the "halt"

several times, and I heard the bugler say he was tired sounding the

"halt." The men continued to retreat, except sixteen or seventeen of

us, who got over the fence into the bush on our left, but had to leave

because the main body continued their retreat towards Ridgeway. At

Ridgeway I saw Lieut.-Col. Booker with four officers of the Thirteenth

and one of the Queen's Own, each with a revolver in his hand, and

Lieut.-Col. Booker had his sword, threatening to shoot the men if they

did not stop. They broke through the line of these officers.

Question from the Court--When Lieut.-Col. Booker ordered the battalions

that were retreating to get into the woods on each side of the road,

what was your impression of his object?

Answer--He wanted to make a stand by getting-into the bush to repulse

the Fenians, and it was a splendid opportunity, from the country being

so open in front of the bush. I served nearly six years in India in the

40th Regiment, and during the affair in Candahar.

Question from the Court--Did you see Lieut.-Col. Booker on the field

before and during the retreat?

Answer--Yes, several times.

Question from the Court--Did you observe anything in his conduct which

appeared to you like shirking his duties?

Answer--No. On the contrary, I saw him urging on a company of the

Thirteenth, which appeared to be dilatory.

Question from Lieut.-Col. Booker--Do you recollect the fact of our force

being outflanked to our right?

Answer--Yes.

Question from Lieut.-Col. Booker--Was the firing from the Fenians more

rapid than from our men?

Answer--Yes, much more so. Part of the time it was like file firing. I

am since aware that they used both the Sharpe and Spencer rifles.

Question from Lieut.-Col. Booker--Did you receive a letter from Major

Gillmor and other officers of the Queen's Own, complimenting you for

your coolness and conduct at Lime Ridge?

Answer--I did.

EVIDENCE OF GEORGE ARTHURS.

The third witness called by Lieut.-Col. Booker was Mr. George Allan

Arthurs.

Question from Lieut.-Col. Booker--Were you at Ridgeway on the 2nd of

June, and what did you see there?

Answer--I was there, and was at Ridgeway when the army was retreating. I

there saw the bugler come from the field on Lieut.-Col. Booker's

horse. My brother (Lieutenant Arthurs, of the Queen's Own) mounted the

Colonel's horse and drew his pistol, and threatened to shoot the first

man that did not do his duty. Lieut.-Col. Booker came up as my brother

was checking the retreat. He mounted his own horse and rode back towards

the field to consult with his officers. The retreat was checked so far

by my brother that he "told off" a company of men composed of red coats

and green coats. I did not see any exhibition on the part of Lieut.-Col.

Booker of either cowardice or fear.

EVIDENCE OF JOHN DOUGLAS.

The fourth witness called by Lieut.-Col. Booker was John Douglas,

Captain of No. 4 Company of the Queen's Own Rifles.

Question from Lieut.-Col. Booker--Did you, on the 2nd of June last, see

me at Lime Ridge?

Answer--Yes, in front of your command, under fire.

Question from the Court--Did his conduct on this occasion attract your

attention?

Answer--Yes. It struck me that he was not very careful of his own

safety, he being in front of the column of the Queen's Own, and clothed

in scarlet. He was directing the movements, with a field-glass in his

hands. This was when the Queen's Own were in column, after part of the

Thirteenth had gone out in skirmishing order. I saw no hanging back on

the part of any officer or man up to that time.

Question from Lieut.-Col. Booker--How did Col. Booker go from Ridgeway

to Port Colborne?

Answer--I found Lieut.-Col. Booker on the last train going into Port

Colborne. Major Gillmor and several officers of both regiments, with men

of both regiments, were in the same train. The great bulk of the force

had preceded them.

EVIDENCE OF LIEUTENANT ARTHURS.

The fifth witness called by Lieut.-Col. Booker was Lieut. William

Arthurs, of No. 4 Company of the Queen's Own.

Question by Lieut.-Col. Booker--Were you at Ridgeway as Lieut.-Col.

Booker arrived there during the retreat on the 2nd of June, and what did

you see?

Answer--Yes. I saw Col. Booker on the retreat, and he seemed no way

flurried or excited, but quite cool and collected. He spoke to the men.

He asked them to form on their coverers. Several companies were formed

up and retreated in order.

EVIDENCE OF FRANCIS CLARKE.

The sixth witness called by Lieut.-Col. Booker was Francis Clark.

Bugle-Major of the Queen's Own Rifles.

Question from the Court--Did you sound the "halt" on the 2nd of June, by

order of Lieut.-Col. Booker during the retreat?

Answer--Yes, repeatedly. He used his best endeavors to halt the men, and

then he went forward amongst the men and asked them to halt and front

and form. It had no effect, and he said, "Oh, God! what is this?" They

still moved on. They retreated, red and green mixed together, as far as

I could see, to the turn of the road.

EVIDENCE OF ALEXANDER MUIR.

The seventh witness called by Lieut.-Col. Booker was Alexander Muir,

a private in the Highland Company of the Queen's Own, a Lieutenant of

Militia, and President of the Highland Company at that time in its civil

organization.

Question from Lieut.-Col. Booker--Were you at Lime Ridge on the 2nd of

June, and will you recite what you saw there?

Answer--After leaving the cars at Ridgeway, before marching, the whole

force received orders. "With ball cartridge--load!" The column then

advanced. After proceeding about two and a half miles. I perceived a

number of horses (between twelve and fifteen in number) loose in an open

near the corner of a bush, about three-quarters of a mile in front of

the left side of the road. These having attracted my attention, I also

perceived a number of men flitting among the trees, near to the horses.

I cried out. "I see the Fenians--there are the Fenians!" My discovery

was made known to Col. Booker, who, perhaps, from hearing my cry, came

up to me. I was the left hand front rank man of the Highland Company,

the rear company of the battalion. He gave the order to halt. He then

asked me, "Where?" I pointed out to him where I saw the men and the

horses. He had a field-glass which he then used. He tried to use it on

horseback, but his horse was so restive that he could not use the glass.

He then dismounted by my side. At this moment Major Gillmor came up. I

directed him to the proper point to see them. Both Col. Booker and Major

Gillmor seemed convinced that all was not right in the bush. The leading

company of the column was then sent out to reconnoitre to the left in

the direction of these horses, in skirmishing order, supported by the

next company. The column remained at the halt. After the skirmishers had

advanced to within a short distance of where the horses were, the bugle

sounded the "retire" or the "incline" to the skirmishers, and the column

was advanced. The near party of the advance guard halted at the same

time the column halted, and just after the column was again put in

motion, I saw several of them, if not all of them, with their hats on

their rifles raised in the air and moving them, indicating thereby that

the enemy was in sight. The column was again halted. At that moment

a bullet came whistling from the direction of an orchard on our right

front. This was the first shot, and came close to Capt. Gardner and

myself. Here the Queen's Own were ordered to skirmish, and our company

furnished the right company of the line of skirmishers, and in this

order we advanced in a northerly direction. The firing commenced

opposite the centre of the line of skirmishers immediately upon their

advancing. We continued advancing and firing for some distance, perhaps

three hundred yards at that time, when the order came for the Queen's

Own to fall back on its supports. We had then been under fire for

three-quarters of an hour. I distinctly heard Col. Booker's words of

command, given with coolness and deliberation, as we were going into

action. The Queen's Own were then relieved by the Thirteenth. The

Thirteenth advanced in skirmishing order, appearing to take the ground

which had previously been occupied by the Queen's Own, the enemy

continuing their fire during the advance of the Thirteenth. The enemy

had evidently been previously driven back by the Queen's Own. An order

from Col. Booker now came to our company, which was then under cover

of the school-house, acting in reserve, directing our company to take

possession of the road to the right which led in the direction of Fort

Erie, because the enemy was manoeuvring to outflank our right. Capt.

Gardner was told it was an important position, and he then advanced our

company till we came opposite a bush north of the road. He then ordered

us to advance in skirmishing order through that bush, which we did.

After passing through the bush we came to a wheat-field, on the opposite

side of which we found the Fenians thickly posted opposite our front and

to our right. When we entered the bush they had evidently been in the

same bush at the farther side of it, and had retreated on our advance to

the other side of the wheat field. We had reason to know this, because

we found quantities of their ammunition, a company sheet roll, and

a blank book, a roll book, also a Fenian drill book with the name

of "Capt. George Sweeny, Company B, 19th Regiment, Irish Republic

Volunteers, Cincinnati, Ohio." The roll book contained about 120 names,

with the trades, residences and callings of the men. I have seen the

list of Fenian prisoners captured and now in Toronto Jail, and I believe

that some of the names are the same as those in the roll book. We

commenced firing upon the enemy as soon as we saw them, and they began

to retreat. They were about 200 yards from us. We fired here for some

time, until an order came to advance from Capt. Gardner, and we leaped

over the fence and entered the wheat field. We fired from this wheat

field for some time. After entering the wheat field I saw the line of

the Thirteenth Battalion to my left, below me, in skirmishing order,

advancing towards the enemy. While they were thus advancing I distinctly

saw the enemy retreating a long distance before them towards a bush in

the rear. Suddenly they seemed to rally, and came down upon the line of

the Thirteenth, yelling. At this moment I saw a wavering in the line

of the Thirteenth. The Fenians advanced in a loose manner, but in great

strength. Here the Thirteenth retreated at the double, but I did not

hear the "retire" sounded for that purpose. As the Fenians rushed upon

the Thirteenth, we from our positions gave them two or three volleys,

which seemed to check them, and their left swerved inwards from us

towards their own centre. While we were here in this position, Sergeant

Bain, of our company, called out, "Retire, retire!" We then retired

firing. I heard the bugle call to retire. When I came to the

school-house I was surprised to see our forces marching back again

towards Ridgeway. I turned round and saw the Fenians advancing from the

orchard on the road at the same place where I saw our advance guard give

the signal before the action commenced. I thought there were as many as

600 or 700 on the road, and more moving out of the orchard. I leaned my

rifle over a fence and took my last shot at them with one arm (having

previously sustained an injury in my shoulder while getting over a

fence). Several of my comrades fired also. This drew fire upon us from

them, and it was here that McHardy and White were wounded. On my return

to the cross-road at the hotel nine-tenths of our force had passed on

towards Ridgeway. I then saw Col. Booker and spoke to him. He was on

foot. I heard "Halt! halt!" called, but no one seemed to notice it.

Question by Lieut.-Col. Booker--Are you satisfied we were outflanked on

our right?

Answer--Yes.

Question by Lieut.-Col. Booker--Did you see Col. Booker after this?

Answer--I saw him at Ridgeway.

Question from Lieut.-Col. Booker--What was he doing?

Answer--He was standing in conversation with some one on the road.

Question from Lieut.-Col. Booker--Did you see him afterwards, and where?

Answer--I saw him afterwards on the march to Port Colborne, after

leaving Ridgeway.

Question--Did you see him afterwards, and where?

Answer--I saw him afterwards on the march to Port Colborne, after

leaving Ridgeway. I became weak and exhausted and was taken into a house

about 250 yards south by two of my comrades, where Dr. Neff, assisted by

two others, set my left arm and left me alone. I became insensible, and

in that state had lost all recollection of the fight. After I came to

myself I heard a volley and ran to the door. I saw the Fenians surround

the village. I ran to try to catch up to our force, which had all left,

and they fired upon me. I had my arm in a sling, and my tunic flying

from my right shoulder. I overtook the force after running for some

distance (nearly a mile), and there again I saw Col. Booker in rear

of the force. He offered me his horse. I declined the offer, because I

thought it would pain me more to ride than to walk. Where the main road

crosses the railway he dismounted and gave his horse to some one of the

Thirteenth, with some orders to take to Port Colborne. He then took my

arm and assisted me along the track until we got into the last train and

went into Port Colborne.

Question from Lieut.-Col. Booker--How many rounds of ammunition had been

issued to you previous to the engagement, and where issued?

Answer--I received five rounds at Toronto before leaving and thirty at

Port Colborne--that was, I had thirty-five rounds.

RONALD McKINNON'S TESTIMONY.

The eighth witness called by Lieut.-Col. Booker was Ronald Archibald

McKinnon, at that time a cadet in the Military School at Toronto.

Question--Were you present at Lime Ridge on the 2nd of June last, and in

what capacity did you act?

Answer--I was present at the engagement at Lime Ridge, and acted as a

volunteer officer with the Caledonia Rifle Company, though not regularly

attached to that company.

Question--Did you see Lieut. Arthurs mounted on Lieut.-Col. Booker's

horse?

Answer--Yes.

Question--Were you with Lieut. Arthurs, endeavoring to rally the men

near Ridgeway?

Answer--Yes.

Question--Were you there when Lieut.-Col. Booker arrived from the field

at Lime Ridge?

Answer--Yes.

Question--Was Lieut.-Col. Booker mounted when he returned from Lime

Ridge to Ridgeway?

Answer--Yes.

Question--Were you with the rear guard of the column before the action?

Answer--Yes.

Question--When you saw Lieut. Arthurs mounted on Lieut.-Col. Booker's

horse, was it previous to the arrival of Lieut.-Col. Booker mounted on

his return from Lime Ridge?

Answer--I cannot say. But I know that after I saw Lieut. Arthurs on

Lieut.-Col. Booker's horse I saw Lieut.-Col Booker ride back towards

Ridgeway.

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:--

OPINION.

The Court having duly considered the evidence brought forward by

Lieut.-Col. Booker, as well as such evidence as the Court have

considered necessary, with a view of the further elucidation of the

truth, are of opinion:--

First--That so far as the courage and character of Lieut.-Col. Booker:

with reference to his conduct in the command of the force engaged with

the enemy at Lime Ridge on Saturday, the 2nd of June last, are affected,

there is not the slightest foundation for the unfavorable imputations

cast upon him in the public prints, and most improperly circulated

through that channel and otherwise. On the contrary, the Court desire

to express the further opinion that Lieut.-Col. Booker having, as will

appear, fallen into an error, promptly exerted himself in person to

repair the effects of that error, in a manner which can leave no stain

upon his personal courage and conduct, subsequently to the period of

actual conflict with the force opposed, and also that the disposition of

his forces, the manner in which, before an unseen enemy whose strength

was unknown to him, he planned his attack, and the desire and anxiety

which he showed to carry out these plans to the best of his ability

at points where it was his duty to be, have in conjunction with the

statements of officers and others in evidence before the Court, led the

Court to believe that at no period of that day could want of personal

coolness be imputed to Lieut.-Col. Booker.

With reference to the circumstances connected with the late engagement

at Lime Ridge, this Court are further of opinion that the entire

force under command of Lieut.-Col. Booker, from the formation of the

expedition to the time it came out of action, was under disadvantages

with which Her Majesty's regular forces have seldom or ever, it

is submitted, had to contend--in the want, of cavalry, artillery,

commissariat arrangements, or even the requisite means of carrying

with them cooked provisions, or supplying themselves with water in the

country through which they were about to move, in a season when the

heat rendered it especially needful that this last point should receive

careful attention.

Further, that more than half of the two battalions forming the largest

proportion of the whole force which left Port Colborne for Stevensville

on the morning of the 2nd of June, was composed of youths not exceeding,

and in many instances not having reached twenty years of age; that a

large proportion of the force had been for a very short time accustomed

to bear arms; that a somewhat less proportion had not even been

exercised with blank cartridge, and that practice with ball cartridge

was by very many of the rank and file of that force to be entered upon

for the first time in their lives on that day.

That notwithstanding these disadvantages, the Court have, from the

evidence produced, arrived at the conviction that no force could have

commenced a march with the knowledge that they were advancing into a

country occupied by an enemy whose numbers (exaggerated as they were

afterwards known to be) were unknown to them, and whose position they

might at any moment he called upon to attack, in finer spirits, or

a more ready desire to show by obedience to command, that they were

deserving of the confidence which their employment on the occasion

showed was reposed in their courage, and in this respect no difference

was perceptible between the mere tyros and the more seasoned men of the

expedition.

This the Court find was the state of facts up to the time (which will be

referred to in a later part of this opinion) on the arrival of the force

under Lieut.-Col. Booker at Ridgeway, on the line of the Buffalo and

Lake Huron Railway, and its being formed in open column of companies.

The Court find that the order in which it advanced to form a junction

with the brigade under Col. Peacocke, of Her Majesty's 16th Regiment, at

Stevensville, was as follows:--

The 2nd Battalion (or Queen's Own Rifles) in front, the York Rifles

(attached to the Thirteenth Battalion, of which it formed the leading

company), the Thirteenth Battalion next, and last the Caledonia Rifle

Company, forming the rear guard, the advance guard of the force being

No. 5 Company of the Queen's Own, having forty Spencer rifles as part of

their armament; and the Court are of opinion that Lieut.-Col. Booker, in

advancing, used every precaution by extending companies to skirmish to

the right and left of the road by which he was moving his force, which

military rule and the nature of the country demanded; and that in the

forward movement from Ridgeway, the manner in which it was conducted by

Lieut.-Col. Booker and the officers of the force under his orders, was

regular, and in accordance with the well-understood rules by which such

duties are governed; and here the Court think it their duty to point to

the fact that in Lieut.-Col. Booker his force had a commanding officer

who, for the first time in his experience, found himself in command of

a larger body than one weak battalion on parade; and that this officer,

being without the assistance of any staff, and not even accompanied by a

mounted officer or orderly to transmit his instructions, was placed in a

position of unusual difficulty in the event of coming into contact with

the enemy.

The Court have further found, from the evidence adduced before them,

that the column under Lieut.-Col. Booker was proceeding in this

order and had reached a point on the way leading from Ridgeway to

Stevensville, at about two miles from the former point, when the

advanced guard became aware that the woods on the right and left fronts

of the line of advance were occupied by the enemy; and are further of

opinion, that the movements then directed by Lieut.-Col. Booker and the

subsequent disposition of the force at his disposal (up to a time to

be subsequently mentioned), were in strict accordance with laid down

principles, and such as at least to hold an enemy not greatly superior

in numbers in check, if not to drive them back--and that the manner in

which the movements directed were executed, the advance of the companies

of the Queen's Own sent out to strengthen the skirmishers on the left,

the advance of the right wing of the Thirteenth Battalion extended on

the right of the road, and No. 10 Company of the Queen's Own rather to

the right, was highly creditable to the officers and men, particularly

as during the whole of these movements the force was under fire from an

unseen enemy under cover of the woods, our troops being in open ground

and exposed to the effects of such a fire, which fortunately, though

well sustained, was not very effective.

The Court is of opinion that to this point the direction of the attack

and the position of the attacking force was well and skilfully managed,

and the enemy had been forced back to a considerable distance from the

position when first encountered.

The Court find that at this time, and when everything looked favorable

for the attacking force, there occurred an alarm, of the truth of which

a moment's reflection on the part of the men with whom it originated,

and who appear to have been some of the advanced skirmishers, would have

shown the impossibility. It was to the effect that a force of cavalry

was advancing upon our force, and instantly the cry of "Cavalry", spread

with electric rapidity from the front to where the Colonel stood in

reserve, with which part of the force Lieut.-Col. Booker as commanding

officer remained, and thus assuming the cry to have its origin in the

fact that that officer gave the order "Look out for cavalry!" squares

were formed instantly to meet cavalry, both by the column and by the

skirmishers within hearing of that order--a mistake which, being as

quickly discovered, Lieut.-Col. Booker endeavored to remedy by the order

to "Re-form column."

The Court, with respect to this part of the affair, are of opinion that

to adopt the idle rumor that the enemy's force was partly composed of

cavalry in a country where such an arm could be of scarcely any value in

attack, or to assume, even for a moment, that a mounted corps which he

could not see was advancing at such a rate as to render it necessary

to give the words of caution which he used, was ill-judged, and was the

first act which gave rise to the disorganization of his force, which

then followed.

This Court further find that at this moment, and when the officer

commanding had, as before mentioned, given the order to "Re-form

column," he perceived that the column was rapidly falling back. The

attempt to re-form not having been successful, the men became mingled

together, and that the effect of the mistake just referred to became so

perceptible in the disorganization of the column at a moment when, in

the opinion of this Court, to have given the order to advance would have

had the best effect in the encouragement of the force, and in a very

short period would have effected the rout of the enemy. The officer

in command (apparently hesitating as to whether he should advance or

retreat) unfortunately gave the order to retire, and the bugles having

taken it up at the advanced posts of the attack, our force began to fall

back; and notwithstanding the exertions of the officers, who in every

case shown in the evidence before the Court behaved in a very steady and

energetic manner to rally their broken ranks, the column had retreated

too far in the direction of Ridgeway before the advanced parties had all

came in to render this possible. This being the state of the force at

the time, the officer in command (finding it impossible to rally) with

the concurrence of the next senior officer, whom he consulted, decided

upon falling back on Port Colborne by the road over which he had

advanced.

And the Court lastly finds, that the whole of the wounded and sick were

brought with the retreating column, and that it reached Port Colborne

suffering much from fatigue and hunger, but without further casualties

than those which are already known in the official reports of the

affair.

G. T. DENISON,

Colonel. President.

J. SHANLY,

Lieut.-Colonel.

GEO. K. CHISHOLM,

Lieut.-Colonel.

Hamilton. 12th July, 1866.

THE FORT ERIE DISASTER.

REPORT OF PROCEEDINGS OF THE COURT OF INQUIRY APPOINTED TO INVESTIGATE

THE CASE OK LIEUT.-COL. J. STOUGHTON DENNIS.

The appointment of a Court of Inquiry to investigate the charges made

against Lieut.-Col. J. Stoughton Dennis was granted on the request of

that officer himself. From the time that Lieut.-Col. Dennis hastily left

his command battling with the Fenians on the streets of Port Erie, the

men of the Welland Canal Field Battery knew him no more, as he never

came back. Therefore their relations were strained. Most of the men of

the Battery and the Dunnville Naval Brigade were pronounced in their

denunciation of his conduct during the fight, and freely expressed their

minds in this respect.

When Capt. King's wounds permitted his return home to Port Robinson from

the hospital at Buffalo, a large number of people assembled to give him

a welcome. In replying to their greetings, Capt. King incidentally made

mention of the experience of his Battery in the battle at Fort Erie, and

during his remarks voiced the sentiments of his men by publicly accusing

Lieut.-Col. Dennis of cowardice. This charge came to the ears of

Lieut.-Col. Dennis and he demanded a Court of Inquiry to investigate

the matter. In the meantime a formula of six separate charges was filed

against Lieut.-Col. Dennis, and His Excellency the Commander-in-Chief

appointed the following officers as a Court of Inquiry, viz.:--Col. Geo.

T. Denison, President; Lieut.-Col. James Shanly, and Lieut.-Col. S. B.

Fairbanks.

The Court assembled in the City Hotel at Fort Erie, on the 8th of

November, 1866, for the purpose of taking testimony. Among those who

were notified to appear as witnesses were a number of men who had been

engaged in the fight as members of the Welland Canal Field Battery and

the Dunnville Naval Brigade, besides several citizens.

For some reason four members of the Welland Canal Field Battery who had

been summoned to testify were not called upon for their evidence, which

they considered a very strange proceeding as they were all present for

that purpose, and had evidence to offer which would tend to substantiate

Capt. King's allegations. Eight or ten witnesses were examined, when

the Court proceeded to sum up the evidence and consider the charges

_seriatim_. The result was that Lieut.-Col. Dennis was exonerated by the

Court, although Col. Geo. T. Denison (the President) differed from his

colleagues on several important points stated in the charges.

The following is the official report, published in General Orders,

which contains the charges made, the findings and the remarks of His

Excellency the Governor-General on the case:--

VOLUNTEER MILITIA. HEADQUARTERS, OTTAWA, 14th December, 1866.

GENERAL ORDERS No. 1.

The Court of Inquiry lately assembled at Fort Erie on application

of Lieut.-Colonel Dennis, having presented its report, the

Commander-in-Chief directs that the several charges preferred against

that officer, with the opinion of the Court of Inquiry thereupon, be

published for general information.

CHARGES.

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.

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.

Third Charge.--Colonel Denison also dissents from the finding of the

Court upon the third charge, as he is of opinion that the third charge

is proved, with the exception that the allegation that Lieut.-Colonel

Dennis did not allow a fire to be opened on the enemy. On this point

there is a certain amount of rebutting evidence, although the weight of

evidence seems to support the charge.

(Signed) GEO. T. DENISON. Colonel. President.

Fort Erie, 8th November, 1866.

With respect to the foregoing charges and opinion, and to the evidence

generally taken by the Court of Inquiry, His Excellency directs the

publication of the following remarks:

1. Although the order for the assembly of the Court was general in its

terms, the special memorandum of instructions furnished for the guidance

of the President and members, stated that the Court was assembled to

give Lieut.-Col. Dennis an opportunity of refuting charges which had

been "made against his personal conduct on the 2nd June, at Fort Erie,"

and directed the reception of any evidence which might tend to elucidate

the truth.

2. The only one of the above six charges which, strictly speaking, the

Court was required to consider, was the 4th, which imputed disgraceful

and cowardly conduct to the accused officer.

3. His Excellency approves of the opinion of the Court with respect to

the 1st. 3rd. 4th. 5th and 6th charges.

4. With respect to the second charge. His Excellency is of opinion that

Lieut.-Col. Dennis committed an error in judgment in removing the small

force under his command, from the means of secure retreat afforded by

the steamer, before he had ascertained with some degree of certainty the

probable force of the enemy, of whose near approach he was informed;

but if the accusation made against Lieut.-Col. Dennis in this charge be

correct, that he did so remove his force from the shelter of the steamer

for the purpose of attacking an enemy, whose numbers he knew to

be overwhelming--the proceeding savours rather of rashness than of

timidity. Had Lieut.-Col. Dennis been the coward which his accusers

would have the public believe, he would in such a case have eagerly

availed himself of the remonstrances which it is stated were made

to him, to return with the men under his command to the deck of the

steamer.

5. The first charge being one of imputed intention only, the fulfilment

of which it was not attempted to establish, was not a proper charge for

investigation by any Court.

6. The sixth charge is also an improper charge to have preferred or

investigated. No Commanding Officer would be safe if his subordinates

could be allowed to frame a charge of misconduct against him for not

having adopted a particular course, which, judging deliberately after

the event, his accusers might think to have been advisable. There is

no pretence that the course which Lieut.-Col. Dennis is accused of

misconduct for not adopting, was suggested to him and rejected.

END

End of Project Gutenberg's Troublous Times in Canada, by John A. Macdonald