Corporal William Denis, of the 41st, discharged,
SWORN.

Q. How long have you been in the 41st, and how often in action?
A. Six years in the 41st, and three times in action.

117

Q. Were you at the action at River Raisin, on the 22d January, 1813, on the right or left, and in what division?
A. I was on the right, in Captain Tallon’s division.

Q. How near were you to Lieutenant Bender during the action?
A. Quite close to him, next man to him.

Q. State what you know of Lieutenant Bender’s conduct during the action.
A. He behaved himself like a brave soldier, an officer and a gentleman.

Q. Did you hear and see him encourage his men?
A. Yes.

Q. How often?
A. At different times, four or five times during the action.

Q. What were the words he made use of?
A. The Americans were going to the right, and Mr. Bender said, fire away 41st you will soon make them all prisoners.

Q. Did he leave his division during the action, and could he have done so without your knowledge?
A. He did not leave his division and could not have done so without my observing him.

Q. Did you hear him encourage the men to charge the enemy?
A. Yes.

118

Q. Did you see Lieutenant Bender lead the men to the charge, and did you see him afterwards?
A. I did see him lead them to the charge, I did not see him afterwards until I got to the left.

Q. Did not some of the men break, some time after the charge?
A. We were ordered to retreat.

Q. How long after was it, that you saw Lieutenant Bender on the left?
A. About one hour, or one hour and a half.

Q. Did you see him bring any ammunition to the left, and do you know if he brought any?
A. Yes I did he was in front of it.

Q. Did you see him with a man of the name of Nettles?
A. Yes.

Q. Was there any horse and sled?
A. There was one.

Q. Did you at any time during the action, see Lieutenant Bender advance in front of the line?
A. No, he belonged to the division which was in the rear of me.

Q. Have you been in any action with Lieutenant Bender, except that at River Raisin?
A. Yes, at the Miami Rapids.

Q. When was that action fought?
A. The 5th of May, 1813.

119

Q. Had you an opportunity of witnessing Lieutenant Bender’s conduct?
A. I did not see him during the action.

Examined by the Court.

Q. Did you see a horse and sled in front of the ravine at the River Raisin, when the troops charged?
A. No, none at all.

Q. Did Lieutenant Bender’s, or any other division, break before orders for retreat?
A. No, not as I saw.

Q. You have stated that Lieutenant Bender’s division was in the rear of you, how can you state that he did not leave his division?
A. Because when his division came up, he always came up with it.