Lieutenant Smith, 41st Regiment,
SWORN.

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

Q. Did you see Lieutenant Bender at any time after the attack, and when?
A. About ten or fifteen minutes after, when the men were under cover.

Q. Previous to seeing Lieutenant Bender, did you see Lieutenant M’Lean?
A. I was directed by General Proctor to go and tell Colonel Warburton, to bring off the troops if possible; on my return I met Lieutenant M’Lean, just as I got into the ravine, he called out to Lieutenant Bender. Mr. Bender made a signal with his hat, as much as to say, not to cross the ravine. Lieutenant M’Lean came to where Mr. Bender was, and I returned to the General.

Q. Do you, or do you not, recollect giving or-

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ders to Mr. Bender, to go to where the General was?
A. I do not recollect.

Q. How long were you Adjutant to the 41st, and what was the conduct of Lieutenant Bender during that time?
A. About three years. With respect to his regimental duty, he performed it much to the satisfaction of his Commanding Officer.

Q. Do you know any thing of his conduct in action?
A. I never saw him, but I heard him, on our advance to Buffalo, encouraging the Indians.