Serjeant Joseph Stagnell
SWORN.

Q. How long have you been a Serjeant, and how long in the 41st?

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A. Seventeen years in the 41st, and about five years Serjeant.

Q. Have you ever been in action and how often?
A. Four times.

Q. Were you in the action at River Raisin, on the 22d January, in what wing and in what company?
A. Right wing and right division grenadiers.

Q. How long did the action continue on the right?
A. About two hours and a half before I was wounded, when our troops retreated immediately to the left.

Q. How near were you to Lieutenant Bender during the action?
A. Within about ten or twelve yards.

Q. Before you were wounded, did you hear Lieutenant Bender encourage his men and see him lead them towards the action?
A. Yes I did several times.

Q. Did you hear Lieutenant Bender order the men to charge?
A. I did.

Q. What are the expressions of which he made use in encouraging his men?
A. He cried, come on boys, come on, (waving his sword in the air,) and follow me.

Q. Was Captain Tallon wounded, if so, how long after the action”
A. About half an hour.

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Q. Was it after Captain Tallon was wounded, that you saw Lieutenant Bender lead the charge?
A. Yes.

Q. Did you remain any time on the field after you were wounded and how long?
A. Till the action was over.

Q. Within what distance of the enemy, did you see Lieutenant Bender lead the men?
A. Within about fifty yards.

Q. After you were wounded, did you still continue to see him encourage the men?
A. Yes I did.

Q. Did he behave with courage during the whole of the action?
A. In every respect becoming an officer and gentleman.

Q. Did you remain on the field, until the action was over?
A. I did remain on the field as much as two or three hours after we took ground to the left.

Q. Did you see a horse in front of the ravine?
A. No.

Q. If from the time the action began and that the movement was made to the left, there had been a horse and sled, must you not have seen it?
A. Yes.

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Q. What number of men remained dead on the right?
A. As many as eighty or ninety.

Q. Were you at the attack on Sandusky in August, 1813, if so, to what subdivision and company did you belong?
A. To the grenadiers, second subdivision.

Q. State to the court what took place, when you marched to the attack.
A. We advanced to the right angle of the Fort, the fire was so heavy that we were ordered to secure ourselves, we laid down, at the same time I saw Mr. Bender coming up with his division cheering them along.

Q. Did any of the troops give way, when you were going from the left, to the right?
A. Part of the second and third, and some of the fourth subdivisions.

Q. How near were you to the right angle of the Fort, when you saw Lieutenant Bender coming up?
A. Within about thirty or forty yards?

Q. How far were you from Colonel Warburton, when you arrived at the right?
A. Not above a yard or two.

Q. Was Captain Chambers with Colonel Warburton at the time?
A. No he did not come up, until five or ten minutes after.

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Q. Did you hear Captain Chambers say anything to Colonel Warburton?
A. No, I did not hear him say any thing.

Q. How near to Colonel Warburton was Captain Chambers, when you arrived on the right?
A. Within a yard or two.

Q. Was there any firing from our troops, when you arrived on the right?
A. A few shots.

Q. How long was it after you arrived on the right, that you received orders to secure yourselves?
A. Immediately.

Q. Was Captain Chambers with Colonel Warburton at the time you received orders to secure yourselves?
A. Yes.

Q. Did you at any time after you arrived at the right, or at any time afterwards, hear Captain Chambers say, that he would go to the rear and collect the men?
A. No.

Q. Had Captain Chambers said any such thing to Colonel Warburton, were you not near enough to hear him, and must you not have heard him?
A. I was, and must have heard him.*

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Q. What is the usual tone of voice of Captain Chambers?
A. A loud tone of voice.

Q. Did you lie down with Colonel Warburton under the bank, and did Captain Chambers lie down with you at the same time?
A. Not directly, but in the course of five or ten minutes after.

Q. Where did Captain Chambers go to, during the five or ten minutes you have mentioned?
A. I never saw him leave the place.

Q. Could he have left the place without your knowledge?
A. No.

Q. How long did he remain in the place you have mentioned?
A. Till about nine o’clock in the evening.

Q. Did you see Lieutenant Bender come up to the place where Colonel Warburton was behind the bank?
A. Yes.

Q. How long had Colonel Warburton been under the bank when Lieutenant Bender came up?
A. About ten minutes.

Q. How far was Captain Chambers from Colonel

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Warburton, when Lieutenant Bender came up, and where did Lieutenant Bender lie down?
A. Captain Chambers was about two or three feet from Colonel Warburton, and Lieutenant Bender laid down within two or three feet of Captain Chambers.

Q. Did you hear Colonel Warburton say any thing about Lieutenant Bender, when Lieutenant Bender came up to the bank?
A. No.

Q. If Captain Chambers had told Colonel Warburton in his usual tone of voice, that he had found Lieutenant Bender behind a log, could he have done it without your hearing him?
A. No.

Q. Did he before, or after his arrival, say any thing about Lieutenant Bender’s having hidden himself behind a log?
A. No.

Q. During the time which elapsed between the arrival of Captain Chambers and that of Lieutenant Bender, could Captain Chambers have gone two or three hundred yards to the rear?
A. It was not possible, and he did not absent himself.

Q. When Lieutenant Bender arrived, did he appear to speak to the officers in the usual way?
A. Yes, he did.

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Q. Do you recollect, were the officers under the bank with Colonel Warburton, if so, state at what distance they were from each other respectively?
A. Lieutenant Bullock was about two yards from them, Ensign Proctor was close at his feet; Captain Dixon was about two or three yards from Colonel Warburton, I myself and Serjeant Andrew White, and other Serjeants, were within a yard or two of Colonel Warburton.

Q. How long did Lieutenant Bender remain with Colonel Warburton, and those under the bank?
A. About half an hour.

Q. Have you any knowledge of two men been killed near you, while Lieutenant Bender was under the bank?
A. Yes, they were killed about three or four yards from me.

Q. Did these two men belong to the grenadiers, or to the battalion, and were they killed when lying down or standing up?
A. They belonged to the grenadiers - they were killed when standing up.

Q. Did you hear any conversation between Colonel Warburton and Lieutenant Bender, if so, state what it was?
A. I heard Colonel Warburton tell Captain

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Chambers, that if the enemy would sally out of the Fort, they would take them all prisoners, for there were no men there to support them. Lieutenant Bender volunteered his services to go and collect some of the men for their assistance. Colonel Warburton observed also at the same time, that he, Mr. Bender, would be in danger of being killed, but Mr. Bender persisted in going.
Q. When Lieutenant Bender went away from the bank, was, or was he not, very much exposed to a heavy fire from the enemy?
A. He was very much exposed.

Q. Did the enemy keep up a continual fire, or did they only fire when they saw our men exposed?
A. Only when they saw our men exposed.

Q. What direction did Lieutenant Bender take, when he so left Colonel Warburton to go to the rear?
A. The rear of the ravine.

Q. Could you see the place over which Lieutenant Bender passed, on leaving Colonel Warburton, and how far could you see?
A. I could see it for the space of one hundred, or one hundred and fifty yards.

Q. Were there any log in his way when he left Colonel Warburton?
A. Only one in the bush, when I retreated myself, I stumbled over some kind of log.

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Q. What distance was there from the place where Colonel Warburton was, to the bush you mentioned?
A. About one hundred and fifty yards I suppose.

Q. Was there any log between the place where Colonel Warburton was, and the bush?
A. No.

Q. In what manner was it that Lieutenant Bender proceeded to the rear after leaving Colonel Warburton, did he run or creep on his belly?
A. He ran, he did not creep on his belly to my knowledge.

Q. Was there not a swamp in the direction Lieutenant Bender took on leaving Colonel Warburton; if so, what distance was it from Colonel Warburton, and did you and Lieutenant Bender sink into it?
A. It was about one hundred, or more, yards from Colonel Warburton, I saw Mr. Bender sink into it and fall.

Q. Was Lieutenant Bender always within your view, from the time he left Colonel Warburton till he reached the swamp?
A. Yes.

Q. When Lieutenant Bender fell into the swamp, did you see his hat fall off?
A. Yes I did.

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Q. Did his hat fall at any distance from him, so as to be out of his reach?
A. Yes.

Q. Do you know if any person was near Lieutenant Bender when his hat fell off, if so, who was that person, and did Lieutenant Bender ask him to pick up his hat?
A. There was a man by the name of Prangle, to whom Mr. Bender’s hat was nearer than to himself, and Mr. Bender asked him to pick it up.

Q. Did you hear Lieutenant Bender say any thing to Prangle about his hat, if so, state what it was?
A. I heard him say nothing, but asked to pick up his hat.

Q. What was Prangle’s answer?
A. I did not hear Prangle make any answer.

Q. What time did Lieutenant Bender take to extricate himself from the swamp, and during the time he remained there, was he exposed to the fire of the enemy?
A. He was two or three minutes, and very much exposed.

Q. Did you hear any thing said among the officers, when Mr. Bender fell?
A. I heard Colonel Warburton observe, that he was afraid poor Bender was shot.

Q. Did you hear Lieutenant Bender say any

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thing after he had gotton [sic] out of the swamp, if so, relate what it was?
A. I heard him call to Captain Chambers and Colonel Warburton, saying, that General Proctor wanted them.

Q. Did any one answer Mr. Bender, who was that person, and what said he?
A. Captain Chambers said, that if General Proctor wanted them, he might come, they were not going to expose themselves to the enemy’s fire.
Cross Examined.

Q. Had you any communication with the Prisoner, respecting the evidence you were to give, before the charges were exhibited against him, or prior thereto?
A. No.

Q. Has the Prisoner, or any person on his behalf, held out any reward to you, to give your testimony in any particular manner?
A. No.

Q. Have you not had particular conversation with the Prisoner’s Counsel, since his arrival in this place?
A. No.

Q. Have you not had communication with the Prisoner’s Counsel, at the bar of the Union Hotel?
A. I saw him once there, not privately.

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Q. You have stated, that in the action of the 22d January, 1813, you heard Lieutenant Bender encouraging his men, was it before or after the charge?
A. Both, before, after and during the charge.

Q. How often did the men charge?
A. Only once, and it had no effect.

Q. How long after the commencement of the action, was the charge made?
A. About two hours and a half.

Q. How long was it after the charge, that Captain Tallon was wounded?
A. He was wounded before the charge.

Q. Did you not see Lieutenant Bender quit his station on the right, on that day, and if so, for what purpose?
A. No.

Q. If he had quitted his division, must you not have seen him?
A. Yes.

Q. On what part of the field were you wounded, and where did you remain after you were wounded?
A. At the last charge over the ravine, near the enemy, and I remained in the same place.

Q. In the place were you remained, could you see Lieutenant Bender, and did he still continue to encourage his men?

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A. I saw him and he still encouraged his men, I was within two or three files of him.

Q. When the men took ground to the left, what distance did they go?
A. They went out of my sight.

Q. How long after you were wounded, did you see Lieutenant Bender continue to encourage his men?
A. As far as I could see him.

Q. Did the troops take post behind some barns?
A. I saw them going to the barns, but did not se them after they got there.

Q. Did Lieutenant Bender accompany them to the barns?
A. Yes, as far as I saw him go.

Q. Was there any Artillery posted in front of the line, previous to the charge you have mentioned?
A. Yes.

Q. From whence was the ammunition for this Artillery procured?
A. I cannot say.

Q. Where did the Artillery remain, after the charge was made?
A. Those that had men to take them away, went with the line, there were two guns to the best of my knowledge, left in the field, in front of the ravine.

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Q. How long were they in front of the ravine?
A. Till the enemy surrendered.

Q. How long did you remain there yourself?
A. Till after the enemy surrendered.

Q. Can you positively say, that no ammunition accompanied the guns, which were in front?
A. I did not see any.

Q. Did you see Captain Mockler pass along the front of the ravine, after the men had retreated?
A. I did not see him in the field.

Q. If he had passed that way, must you not have seen him?
A. Had he passed in front of me, I should.

Q. In the action at Sandusky, did the right wing pass in a line parallel to the right angle of the Fort, if so, at what distance?
A. They did at thirty or forty yards distance.

Q. How far was the edge of the ravine, from the Fort?
A. About thirty or forty yards.

Q. You have stated, that two men were killed behind the bank, while standing up; did you see them when they received their wounds?
A. I did.

Q. When you saw Lieutenant Bender call to Prangle for his hat, did you hear Colonel Warburton say any thing, and what?
A. I did not hear him say any thing.

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Examined by the Court.