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 sustaine