General Proctor,
SWORN.

Q. Were you in the action at River Raisin, in January, 1813, and in what capacity?
A. I was as Colonel on the Staff, Commanding.

Q. Had you an opportunity of witnessing the conduct of Lieutenant Bender, during the action?
A. Lieutenant Bender commanded the second grand division on the right. The right being the principle point of attack, I of course was more there. I observed Lieutenant Bender doing his

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duty, and behaving as an officer ought to do in the face of the enemy.
Q. Did you observe him go in front, or in the rear of the line, upon any, and what occasion?
A. To the best of my recollection, I saw him step out a pace or two in front of the line to pick up a musket, when the fire was most brisk.

Q. Did he leave his division during the action, and could he have done so without your observing it?
A. I do not know that he did leave his division, if he did I think I must have observed it, I think I should have missed him if he had latterly; he was the only officer there, besides Mr. M’Lean.

Q. Did you hear him encourage the men?
A. There was so much noise at the time, that I cannot say. I remember his repeating the word “charge” once.

Q. At what period of the action was this?
A. It was shortly before our moving to the left, I suppose about a quarter of an hour.

Q. Did you go through the ravine with the troops, in taking ground to the left?
A. I did as far as the ravine led to the point where I wished to go.

Q. When you arrived at the barns, where the men took shelter on the left, did any remain in the ravine?
A. I believe not.

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Q. While taking ground to the left before, or after, did you see a horse and sled in front of the ravine?
A. No, I think any horse there, must have been shot down, nor do I see what could have taken a horse and sled there.

Q. Had there been a horse and sled there, must you not have seen them?
A. Yes, I should, I think so.

Q. Have you a knowledge that any men came up from the rear, and that any ammunition was brought up to the position on the left?
A. I think I remember some men having come up from the rear, and I am certain that ammunition came up, from its having been emptied into a blanket. The men objected to it, as being American ammunition with buck shot in it.

Q. From what you saw of Lieutenant Bender’s conduct, would you, or would you not, think him capable of misbehaving in action?
A. From what I saw of Mr. Bender’s conduct in the fire, I should think it impossible, he would so far forget himself as to behave himself in a manner unbecoming an officer; the fire was of long continuance, and he appeared to be perfectly collected.

Q. Did you see Lieutenant Bender at any time, and when, during the attack on Sandusky?
A. Not during the attack. I am not perfectly

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clear, but I think I saw him some time after the business had entirely failed, when I went to the rear of the right.
Q. How long have you known Lieutenant Bender as an officer - how long has he been under your command, and what has always been his conduct?
A. I do not recollect how long Mr. Bender has been in the 41st - I had never occasion to find fault with Mr. Bender, but have had often occasion to commend his zeal and the desire he has shewn [sic] to do his duty. I was in command of the Regiment when he came to it.

Q. Did Captain Chambers, after the affair at Sandusky, make any, and what report to you respecting Lieutenant Bender?
A. He did, but from my personal knowledge of the character of the accuser and of the accused, I did not take that notice of it, that I should have done, had it come through another channel; I had my reasons for not attending to it.

Q. Was it reported to you after the action of 22d January, that Lieutenant Bender had misbehaved before the enemy?
A. It never was officially reported to me; there was a report of that kind - I directed Captain Tallon to call upon the accuser and tell him to come forward and prefer charges, but I never heard

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from Captain Tallon on the subject - Captain Tallon was in his quarters wounded at the same time. I at the same time observed that I had seen Lieutenant Bender do his duty, and that I would come forward and say so.

Cross Examined.

Q. Was there not a sled with a field magazine left on the right when the troops moved to the left, and near to where a field piece had been at the commencement of the action?
A. I have already said that I saw none in front of the ravine.