Lieutenant M’Lean, 41st Regiment.
SWORN.

Q. Were you in the action at River Raisin, on 22d January, 1813, and in what capacity?
A. I was Aid-de-camp [sic] to Colonel, now General Proctor.

Q. What was the strength of the right wing, and who were the platoon officers?
A. I cannot exactly say; there were altogether in the field one hundred and twenty one rank and file of the 41st, they were divided into two wings nearly equal. The platoon officers were Captain Tallon, who commanded the right wing, and Mr. Bender, who commanded the second division.

Q. How long did the action last on the right?
A. Two hours and a half, I think.

Q. Did you, or Colonel Proctor, leave the field during the action?
A. No.

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Q. Had you an opportunity of witnessing the conduct of Lieutenant Bender during the action?
A. The second division fired, without being commanded. I saw Mr. Bender endeavouring to prevent them. I saw him afterwards about five or six minutes, previous to the retreat, advance about six or seven yards, and pick up a firelock. I afterwards saw him, while retreating to the ravine, collecting his men.

Q. Was, or was not, the fire of the enemy, while he advanced to pick up the firelock, very heavy?
A. It was the heaviest fire during the action.

Q. Did you hear, or see him encouraging his men?
A. I could not hear him on account of the noise.

Q. Did he leave his division during the action?
A. No - not to my knowledge. I do not think he could have done it without my observing him.

Q. From what you have seen of Lieutenant Bender’s conduct during the action, would you, or would you not, think him capable of misbehaviour before the enemy?
A. No, I would not think him capable.

Q. Did the troops retreat to the ravine, in consequence of an order to that effect?

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A. Some retreated without an order, having broken before the order was given. The ravine was about one hundred yards from the enemy.

Q. Where did the men go, who had broken before the order was given?
A. They went to where the Surgeon was.

Q. At the time of the retreat, what were the orders?
A. The orders were to retreat to the ravine and take ground to the left.

Q. When in the ravine, did you give any orders to Lieutenant Bender?
A. When in the ravine, I remember asking Mr. Bender what became of the men. I desired him to go to the rear and collect them - I told him to bring up ammunition. I do not recollect whether it was in the ravine, or if I called to him afterwards.

Q. Did Lieutenant Bender proceed to the rear accordingly?
A. Yes.

Q. Did the troops in the mean time, take ground to the left, and what took place?
A. They went on towards the left, and took cover under some houses and barns.

Q. Did any of the troops remain in the ravine, after your arrival on the left?
A. There might have been some.

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Q. What was the strength of the right division at the time of the retreat?
A. I suppose not above twenty or thirty men.

Q. Do you know whether Lieutenant Bender sent, or brought up any men from the rear?
A. Some men were sent up from the rear - I know not whether Mr. Bender sent them; there was no other officer in the rear.

Q. Was it after your arrival on the left, that the men came up?
A. Some came up during the retreat, and some after our arrival.

Q. Do you know if any ammunition was brought up after your arrival?
A. Yes, one sled with ammunition, in a quarter cask, and the men were ordered to supply themselves. I think the driver was Nettles.

Q. Did you see Lieutenant Bender there at the time?
A. I do not recollect who were the officers on the left.

Q. Was the action continued after your arrival on the left?
A. No, there were some men firing from behind the barns, contrary to orders.

Q. What was the nature of the ground in front of the ravine?
A. It was plain.

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Q. While in the ravine, and taking ground to the left, did you see a horse and sled in front of the ravine?
A. No, I did not.

Q. Had there been at the time, a horse and sled in front of the ravine, must you not have seen it?
A. I think I must.

Q. How long after your arrival on the left, did the enemy surrender?
A. About an hour.

Q. After they had surrendered, did you give any, and what orders?
A. I gave none that I recollect.

Q. Did you after the action, give him orders to number the dead on the field?
A. I do not recollect.

Q. What was the distance from that part of the field occupied by the right wing, to the barns on the left?
A. About four hundred or five hundred yards.

Q. Were you in the action at Sandusky, on the 2d August, 1813, and in what capacity?
A. I was as Brigade Major to General Proctor.

Q. Did you see Lieutenant Bender after the troops advanced to the right angle of the Fort, and when and where?
A. I was sent by General Proctor, with orders to the right - I saw Lieutenant Bender without his

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hat, a few minutes after, he picked it up and put it on; this was a little before sun set, about twenty yards from where Captain Chambers and Colonel Warburton were.

Q. Did you see a man by the name of Prangle, near him at the time?
A. I think I did, a little on his right, one pace or two.

Q. In coming to the place where you saw him, did you meet with any officers?
A. I met the Adjutant a little farther, with about twenty men under cover.

Q. For what purpose did you go to the place where Mr. Bender was, and what took place after you saw him?
A. I went to inquire where Colonel Warburton and Captain Chambers were; I think Mr. Bender said they were just before him. I told him to tell Captain Chambers and Colonel Warburton that it was General Proctor’s orders to bring off the troops immediately, if possible. He then called to Captain Chambers, but I heard no answer - When I found that, I returned to see whether I could get to Colonel Warburton and Captain Chambers. At this time Mr. Bender had changed his position. I called Prangle and asked him where Captain Chambers was, he pointed with his finger just before him. I went on about a yard

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or two and called Captain Chambers, and then told him that General Proctor’s orders were for Colonel Warburton to bring off the troops - He answered, it is impossible; how can I until after dark.
Q. At what time did the troops retreat from the right angle of the Fort?
A. It was between eight and nine o’clock.

Q. Was it moon-light?
A. The moon was up, but they were obliged to wait the opportunity of the moon being covered by a cloud.

Cross Examined.