Captain Chambers, of the 41st Regiment,
SWORN.

On the 2d day of August, 1813, I accompanied the right wing that attacked Fort Sandusky, under the command of Lieutenant Colonel Warburton. We advanced to within about thirty paces of the Fort, to a small ravine. Colonel Warburton directed the men to halt until the rear should come up. We waited some time in the ravine, expecting the men to come up; but as they did not come, I proposed to Colonel Warburton to go back and look for them. I went to the rear, about three hundred yards and on my return, I saw Lieutenant Bender lying hid under a log of wood. I was disabled in both legs* - I told him, seeing him in that situation, that if I had a leg able to kick him, I would do it. I upbraided him with his cowardice. I told him that he must go with me, to Colonel

30

Warburton. I brought him to Colonel Warburton, and when we came up, I told Colonel Warburton what I had seen.

Q. Did Lieutenant Bender belong to the wing which you accompanied?
A. He commanded a division of it.

Q. Were there any men near him, at the time you saw him behind the log?
A. None.

Q. did he account, in any manner, for his being found in the situation you have described?
A. No, he said nothing.

Q. How far was he from the ravine, when you saw him?
A. Upwards of two hundred yards, not directly to the rear, but inclining to the rear - to the left.

Q. What was the strength of the wing under Colonel Warburton?
A. Perhaps one hundred and fifty, or one hundred and sixty men.

Q. Do you know whether the men of the division which Lieutenant Bender commanded, came up the ravine?
A. I believe not, I did not know the men of the division. The division I went with, came up.

Q. Had the attack commenced, when you saw Lieutenant Bender in the situation you have mentioned?

31

A. We had advanced to the ravine under a very heavy fire of small arms. We lost several men in the advance and several in the ravine.
Cross Examined.

Q. When you proposed going to the rear, to collect the men, were not Colonel Warburton and the other officers, concealed in places of safety, behind the bank?
A. We had advanced to within thirty paces of the work, when Colonel Warburton had ordered the men to halt and cover themselves until the rear should come up and join us, to attack the work.

Q. Did Colonel Warburton and the officers and men then present, cover themselves accordingly?
A. They layed down - there was no cover, but by lying down under the slope of the bank.

Q. Was not the bank sufficiently elevated to protect, from the fire of the enemy, those who were lying down?
A. There were two men killed, at the time they were lying down?

Q. Were they killed lying down, or looking over the bank?
A. They were killed when lying down.

Q. When you proposed to Colonel Warburton

32

to go back, was there any person present, who heard you propose, and who?
A. Captain Dixon was at hand - I do not know whether he heard me - I spoke in my usual tone of voice. Captain Bullock and all the other men who were in the ravine, were there.

Q. How many subdivisions were there under Colonel Warburton?
A. I think four.

Q. Do you know who were the platoon officers, with the right wing?
A. Captain, then Lieutenant Bullock, Lieutenant Bender, Ensign Proctor and I believe Lieutenant Gardner - I think he was one of them.

Q. How many subdivisions reached the right of the Fort with Colonel Warburton?
A. I believe the whole of the first subdivision came up, and perhaps the whole of the others, but I cannot tell exactly.

Q. Did not the whole of the right wing march from the left of the Fort, and did you not accompany it, on the right, through the woods?
A. I suppose the whole of the right wing did march from the left of the Fort - I cannot say certainly whether it did or not - I was in my proper place, at the head of the wing, as acting Deputy Assistant Quarter Master General.

Q. When you had proceeded about half way to

33

the right, did not the second subdivision scatter in the bush?
A. I do not know.

Q. When you came back, were not all the officers and men lying down?
A. They were lying down in the same situation in which I left them.

Q. When you first saw Lieutenant Bender, did you say anything to him before making use of the expressions alluded to, or did you immediately accost him, by saying, if you had a leg to kick him with, you would do it?
A. I asked him what he was doing there, and told him to get up.

Q. Why was it more criminal in your eye for Lieutenant Bender to be behind a log, than it was for the other officers to be concealed behind the bank?
A. Lieutenant Bender was not within two hundred yards of the division - We were within thirty yards of the Fort and were ordered to cover ourselves, by Colonel Warburton.

Q. When you saw Lieutenant Bender, did you not shelter yourself with him behind the log?*

34

A. I had no occasion to shelter myself there, for it was out of all danger.

Q. When you went back to collect the men, did you go in front of the ravine, or in its rear, or through the ravine itself?
A. I have already said that I went to the rear, part of the way through the ravine - It was out of the question going in front of the ravine.

Q. How far through the ravine did you go?
A. But a short distance - how much, I cannot say - the principal part of the ravine runs off from the garrison, and I was under the guns of it. I went some distance through that part which turned off by the left.

Q. Did you go fifty yards through the ravine?
A. A short distance - I cannot state how far.

35

Q. Describe, as correctly as you can, the situation of the place where you found Lieutenant Bender, whether it was in the ravine, or in the rear of it - If so, how far in the rear of it?
A. I have already said, that I found Lieutenant Bender about two hundred yards in the rear, to the left, hid under a log.

Q. Did you and Lieutenant Bender remain with Colonel Warburton after you had made your report to the latter, and how long?
A. I remained with Colonel Warburton until nearly dark, to afford us an opportunity of getting away. Lieutenant Bender went away before I did - I do not recollect how long we were both there together.

Q. Did not Lieutenant Bender, sometime after you arrived, volunteer his services to collect the stragglers in the rear, and did he not thereby expose himself to the fire of the enemy? Relate what you know of that circumstance?
A. I know nothing about his volunteering - I have already stated that he went to the rear.

Q. Was he, in going away, exposed to the fire of the enemy?
A. Yes, he was, but took great care to screen himself, by jumping from log to log with a great deal of dexterity and agility, and creeping on his belly.

36

Q. Did you not hear Lieutenant Bender say, that Colonel Proctor wished to see you and Colonel Warburton?
A. Lieutenant Bender never spoke to me afterwards. I never heard him say so.

Q. Did Lieutenant M’Lean, Aid-de-Camp to General Proctor, come to the place where you were, after the departure of Lieutenant Bender?
A. He did not. I think I heard his voice through the bush, calling to me to bring the men off, by order of Colonel Proctor.

Q. What was your answer?
A. I believe my answer was, that he might come and bring them away himself, for it was quite impossible to bring the men through the ravine, and that it was ridiculous to attempt it.

Q. Who was present with Colonel Warburton when you told him you found Lieutenant Bender concealed under a log?
A. The party that came up to the ravine were all lying about us; Captain Dixon and the same persons that I left there.

Q. Must not the persons present at the time, have heard you report the conduct of Lieutenant Bender?
A. I do not know whether they did, I spoke in my usual tone of voice.

37

Examined by the Court.
Q. You said that Lieutenant Bender was two hundred yards in the rear of the ravine - Did you observe any other officers under cover between the ravine and the log?
A. No.

Q. When you brought up Lieutenant Bender from the log, did Colonel Warburton make any observations on your report?
A. He said that Bender was a damn’d something or other.