oof 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