d, 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withdrawn his men from Ramsford's Corner to a position near the "Robb,"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 c