Ensign Fitzgerald, 41st Regiment,
SWORN.

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

Q. Were you in the right, or left wing?
A. In the right wing.

Q. State what happened on your advance to the Fort.
A. The second division of the right wing broke, and shortly after they were desired to cover themselves, by order of Colonel Warburton.

Q. Did you see Lieutenant Bender when the troops broke, and what did you see him do?
A. I saw him ten or fifteen minutes after, at some distance from me, rather to my right, with his hat off.

Q. How far were you from the right angle of Fort [sic] at the time?
A. I think about one hundred yards.

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Q. How far was Lieutenant Bender from the right of you?
A. About twenty paces.

Q. When you saw him, was he above the bank?
A. He was above on the bank, on the other side.

Q. Were there any men with you at the time?
A. There were ten.

Q. Do you know where Colonel Warburton then was?
A. I did not see him, but I know he was farther to the right.

Q. Had he reached the right angle?
A. I did not see him.

Q. Did you see Lieutenant Bender at any time afterwards?
A. No, not until dark.

Q. Did you see Captain Chambers?
A. No, I did not.

Q. Could Captain Chambers have passed, either in front, or behind the ravine, without you seeing him?
A. He could not have passed in the ravine without my seeing him.

Q. Were you ever in action with Lieutenant Bender, after the attack on Sandusky?
A. I was at Black Rock.

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Q. Had you an opportunity of witnessing his conduct there?
A. I did not observe him particularly.

Cross Examined.

Q. Did the ravine at Sandusky, run parallel with the right face of the Fort?
A. From the right angle, it ran obliquely off to the left.

Q. When you saw Lieutenant Bender in the advance, was he on the side of the ravine, nearer to the Fort?
A. No, on the other side.

Q. On which side of the ravine, did the troops advance?
A. On the side next to the garrison.

Q. When you saw Lieutenant Bender on the other side of the ravine, did you see any men with him?
A. No, the men were lying round to the right and left where I was, but I did not see him there.

Q. Where was the division of which he had the command on the advance?
A. They were broke going round.

Q. How far from the Fort, was Lieutenant Bender when you saw him on the other side of the ravine?
A. About forty or fifty paces.

116.

Examined by the Court.

Q. How long after the troops broke was it, they received orders to cover themselves?
A. About five or ten minutes.

Q. How far was it from the place where the troops broke, to the place you suppose Colonel Warburton covered himself?
A. I suppose two or three hundred yards from the place where the troops broke, to the place where Colonel Warburton covered himself.

Q. How far was it from the left angle of the Fort?
A. About five hundred yards; I can scarcely judge.

Q. Were you an officer of the 41st at the time of that action?
A. I was not, I was Serjeant Major.

Q. Did you command a division?
A. I did not.