Andrew White, Colour Serjeant in the 41st,
SWORN.

Q. How long have you been in the service, how long a Serjeant, and how long a Colour Serjeant?
A. About seventeen years, almost six years a Sergeant [sic], a Colour Serjeant almost two years.

Q. How often have you been in action?
A. Five times.

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Q. Were you at the attack on Sandusky, in the right, or left wing, and in what subdivision?
A. I was in the right wing, and in the first subdivision of grenadiers.

Q. State to the Court the manner in which the right wing advanced to the attack, and what took place in passing to the right.
A. We formed in columns and subdivisions. - Colonel Warburton gave word - the right wing moved off to the right. The first division broke into the woods; the second division broke in like manner; the third subdivision broke, commanded by Mr. Bender, and fourth subdivision broke also: some of the men left advancing and firing. I saw Mr. Bender several times, heard him call to his division and tell them to follow him towards the pickets; they did not mind him, what was left, advanced to the right angle of the garrison under Colonel Warburton.

Q. Did you see Captain Chambers and Colonel Warburton at the time the troops broke?
A. I saw Colonel Warburton nine or ten paces in front of me, and Captain Chambers about nine or ten paces to my right in the bush.

Q. What might be the distance from the place where the troops broke, to where Colonel Warburton was on the right?
A. About one hundred yards.

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Q. To within what distance of the Fort did Colonel Warburton go?
A. About forty paces.

Q. Did you arrive with Colonel Warburton on the right , or after him?
A. Within a minute or two, as soon as he did.

Q. Had you, or had you not, Colonel Warburton always in view, from the time the troops broke?
A. I had, he kept about six or seven paces before me.

Q. What took place immediately on your arrival on the right?
A. I fired the first shot, there were two men killed near where I was, and Colonel Warburton ordered every body to secure himself behind the bank as well he could.

Q. From the time the troops broke, until the time they secured themselves, did you see Captain Chambers with Colonel Warburton?
A. I saw him about three or four minutes after we had secured ourselves under the bank.

Q. Had Captain Chambers been with Colonel Warburton during that time, must you not have seen him?
A. I was in the rear of Colonel Warburton, I must have seen him.

Q. When Captain Chambers came up to Co-

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lonel Warburton under the bank, what did he do?
A. He laid down also.

Q. What distance were you from Colonel Warburton when Captain Chambers came up?
A. Two or three paces.

Q. Did you see Ensign Proctor and Serjeant Stagnell there at the time, and how far were they from Colonel Warburton?
A. Ensign Proctor was at Colonel Warburton’s feet, and Serjeant Stagnell two or three paces to Colonel Warburton’s right.

Q. How far from Colonel Warburton did Captain Chambers lie down?
A. Within two or three paces of him.

Q. Did you see Lieutenant Bender any time after Captain Chambers came up, and where?
A. About nine minutes after Captain Chambers had come up, and more to the left.

Q. When Captain Chambers came up, did he come through the ravine, or above the bank?
A. Through the ravine.

Q. Did you when Captain Chambers came up, or any time after, hear him say any thing to Colonel Warburton about having found Lieutenant Bender under a log?
A. I did not; if he had, I think I must have heard him, as he was only two or three paces off.

Q. After Lieutenant Bender came up, did he

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and the other officers appear to act together in the usual manner?
A. Yes.

Q. How long did Lieutenant Bender remain under the bank?
A. About one half hour.

Q. What was the cause of his going away, and where did he go?
A. There was a discourse among the officers, that if the Americans sallied out, they would cut but a poor figure; upon which, Mr. Bender volunteered to go to the rear to collect men.

Q. When you saw Lieutenant Bender volunteer to go to the rear, did you hear Colonel Warburton make any, and what observation?
A. He said, if he were to go, he would be shot. Mr. Bender went double quick.

Q. Did you see Lieutenant Bender creep on his belly in going to the rear?
A. No.

Q. How far did you see him go to the rear?
A. About one hundred yards.

Q. How long was he exposed to the fire of the enemy after he left Colonel Warburton?
A. About eight minutes.

Q. Did you see him fall?
A. He fell as soon as he had got about one hundred yards off, in a kind of marshy place.

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Q. When Lieutenant Bender fell, was any, and what observations made by the officers under the bank?
A. They all said he was killed.

Q. Did Mr. Bender’s hat fall off, and what happened after?
A. When he fell down his hat dropped off; he asked a man of the grenadiers to pick it up - the man said he would not, for he was afraid he should be shot.

Q. Were there any logs on the ground over which Lieutenant Bender passed in going to the rear?
A. I saw none.

Q. How long did Captain Chambers remain under the bank after his arrival?
A. Until eight or nine o’clock, at the retreat.

Q. How long did Ensign Proctor and Stagnell remain there after they had first arrived?
A. Till we retreated.

Examined by the Court.

Q. Did Lieutenant Bender return to the bank during that day?
A. No.