Ensign Proctor.
SWORN.

Q. Were you at the attack on Sandusky, on 2d August, 1813?
A. I was.

Q. Did you command any subdivision, and to what wing, right or left, did it belong?
A. I commanded the fourth subdivision of the division Mr. Bender commanded, I belonged to the right wing.

Q. State to the Court what you know of Lieutenant Bender’s conduct on that day.
A. The right wing was formed in four subdivisions, Colonel Warburton gave the word. - After we had proceeded about one hundred paces, beyond the left angle of the Fort, I perceived the column breaking in front and run to the bush under cover of ground. When I found my men would not advance, I thought it my duty to join the officers commanding, whom I found nearly up to the right angle of the American Fort. The officer

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was Colonel Warburton; he was pretty near the picketing, protected by a small rise of ground.

Q. What occasioned the breaking of the troops?
A. I suppose it was the overwhelming fire from the left angle of the Fort, while we were passing it.

Q. Did you see Lieutenant Bender when the troops broke, and what was it you saw him do?
A. I saw him encouraging his men, both by word and action.

Q. Did it, or did it not appear to you, that Lieutenant Bender did every thing in his power, to bring on his men?
A. It did.

Q. When you saw him encouraging the men, was, or was not his conduct that of a brave officer?
A. It was.

Q. How far was he from the Fort at the time, was he nearer to it than his men, or were his men between him and the Fort?
A. Between forty and sixty paces from it, perhaps more, he was between the men and the Fort.

Q. Was he at the time exposed to the fire of the enemy?
A. Yes, certainly.

Q. Do you recollect the expressions he made use of in encouraging his men, if so, state what they are?
A. I do not know what expressions he made use

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of, he made a number of gestures, he spoke a good deal.

Q. Do you recollect having heard him say, “come on boys, come on,” or words of a similar meaning?
A. I dont [sic] know whether he made use of those expressions.

Q. Do you recollect seeing him waving his sword, and pointing with it to the Fort?
A. I recollect seeing him wave his sword.

Q. When you reached the place, where Colonel Warburton was, how far did you find Colonel Warburton from the Fort?
A. Perhaps twenty paces.

Q. Can you say how long Colonel Warburton had reached the place before you?
A. He could not possibly have been long, he had just sat down there.

Q. Had he reached the right angle, three, four, or five minutes before you?
A. I cannot exactly say, but it was a very short time.

Q. When you arrived at the place were [sic] Colonel Warburton was, did you shelter yourself with him under the bank?
A. I did.

Q. How near to Colonel Warburton did you lie down?
A. Close to his feet.

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Q. Did you see Captain Chambers when you came up to Colonel Warburton to lie down?
A. I did not.

Q. Did you see Captain Chambers there at any time after you had laid yourself down, if so, how long after was it, that you first saw him?
A. He came up three or four minutes after.

Q. When Captain Chambers came there, did he lie down also, if he did, was it near, or far from Colonel Warburton?
A. When he first came, he stood bent and then laid himself down near Colonel Warburton.

Q. When you came up to where Colonel Warburton was, did you see Lieutenant Bender there?
A. No.

Q. Did you see him there at any time after you came up, if so, state how long it was after you came up, that you saw him there?
A. I saw him come up two or five minutes after Captain Chambers, he followed him.

Q. Did he lie down with the others?
A. He laid down about a minute after he arrived.

Q. How long did you remain, and how long did Colonel Warburton remain, in the position you have described?
A. Until about eight in the evening, when the troops had gone off.

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Q. What is the usual tone of voice of Captain Chambers?
A. Rather loud.

Q. Did you hear Captain Chambers at any time after his arrival, or after that of Lieutenant Bender, say any thing about having found Lieutenant Bender under a log?
A. No.

Q. If he had said any thing, must you not have heard it?
A. I think I must, unless he had whispered, or gave it in writing; a report of that kind must have struck one, I was near enough to hear him if he had spoke in his usual tone of voice.

Q. How long did Lieutenant Bender remain with you and Colonel Warburton under the bank?
A. I think less than half an hour.

Q. While he remained there, was there any coolness manifested towards him, by any of the officers then present?
A. No.

Q. Did not he and his brother officers, appear to act together as usual?
A. I saw no difference.

Q. After the troops on the right had concealed themselves, did they on that day, come into action?
A. There were some shots fired from behind the bank.

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Q. Were there shots fired when you arrived there?
A. When we were lying down - Colonel Warburton desired them to stop.

Q. What was the cause of Lieutenant Bender’s leaving the bank, and whither did he go?
A. There was a remark made by Colonel Warburton, or some other officer, that if the enemy advanced, they would cut us to pieces, before we received assistance from the rear. Mr. Bender made an offer to go and collect the men in the rear. I afterwards saw him go.

Q. Before Lieutenant Bender left the place under the bank, had any person been sent towards the Fort, to watch the motions of the enemy?
A. Colonel Warburton told one of the grenadiers to go close to the Fort, and give information if any attempt was made to sally out.

Q. Did the enemy keep up a continued fire, from the time you sheltered yourselves under the bank?
A. They only fired at those who shewed [sic] themselves.

Q. On leaving the place behind the bank, was Lieutenant Bender fired at?
A. He was.

Q. From the time he left the bank, how long did he continue exposed to the fire?
A. About five minutes.

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Q. While exposed to the fire of the enemy in going to the rear, did you see him creep on his belly?
A. I am not quite certain, I believe he endeavoured to cover himself as well as he could.

Q. Were not those under the bank, where Lieutenant bender had been, perfectly secure from the fire?
A. They were as long as they remained quiet.

Q. Did you see Lieutenant Bender get embarrassed in a swamp, and was he, while in the swamp, exposed to the fire?
A. I saw him in low ground, I cannot say whether it was a swamp - he seemed embarrassed while there, he was exposed to the fire of the enemy.

Q. Did he fall in the low ground, and were there any observations made by the officers?
A. I heard it said he was killed, he fell down after some shots were fired.

Q. Did you hear Lieutenant Bender crying out?
A. I think I could distinguish Mr. Bender’s voice, saying that the General wanted Captain Chambers and Colonel Warburton in the rear. - Captain Chambers made some answer, but I cannot say exactly what it was.

Q. At the time you retreated from behind the bank, was the moon up.
A. It was ?[sic]

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Q. Were not the troops ordered to wait until the moon had hidden itself behind some clouds?
A. They were recommended to wait until the moon was obscured by a cloud.

Q. Did you take the same direction in going from the bank, that Lieutenant Bender took?

A. Yes.

Cross Examined.