Then, either from misunderstanding, or perhaps that I was not sufficiently explicit, I found that I had been relieved from the command of my own battalion, and not of the general command only, as I had expected. I immediately communicated with Majors Skinner and Cattley that I had been relieved.

The history of my connection with the campaign, which resulted in the expulsion of the Fenians from the Niagara District, has now been detailed, from the moment I received orders until I was relieved from command. I submit to those to whom the inquiry of my conduct on the occasion may be entrusted, that the state of affairs which existed at Port Colborne on my arrival at 11 o'clock p.m. on Friday. 1st of June, will be better understood if the communications which previously pa.s.sed between Colonel Peac.o.c.ke and the officer commanding at Port Colborne were obtained. I have reason to believe that they will bear materially in explaining the plans proposed and under consideration before Captain Akers' arrival, and the propriety of the modification which, if Colonel Peac.o.c.ke's approval were obtained, was to have been pursued.

I further submit the official despatches connected with the affair at Lime Ridge, published by authority in the Canada Gazette of Sat.u.r.day, 23rd June, 1866. Upon two points I expect inquiry will be directed, namely, to the capacity and care shown by me for the command entrusted to me, and my personal conduct on the field. On this latter point I ask for the evidence of those who are present.

That every precaution and every consideration for the comfort and advantage of my battalion which the circ.u.mstances did permit, I confidently a.s.sert were taken.

The volunteer force from Hamilton answered to the call for service with alacrity. The entire force which I had the honor to command was animated with the highest feelings of patriotism and zeal. All personal considerations gave way, all hardships were borne cheerfully and without a murmur. We had but one wish-to meet the enemy; and but one hope, to aid in his discomfiture; and if under the trying circ.u.mstances in which we were placed the result was not so triumphant as the devotion and heroism of the volunteers deserved, I trust that as their conduct cannot be impugned, the Court of Inquiry will, on appreciation of the facts, exonerate their commanding officer from the complete want of success of an attack which undoubtedly caused the enemy to abandon their plans of invasion and commence their retreat.

A. BOOKER,

Lieut.-Colonel.

The Court then proceeded to the examination of witnesses.

The first witness called by Lieut.-Col. Booker was Major Chas. T.

Gillmor, commanding the Second Battalion, or Queen's Own Rifles.

MAJOR GILLMOR'S EVIDENCE.

Question from Lieut.-Col. Booker-When I relieved the Queen's Own and advanced the Thirteenth, did you report to me that your men were becoming short of ammunition?

Major Gillmor-On some one occasion I mentioned that one or two companies stated to me that they were short of ammunition.

Question from Lieut.-Col. Booker-When the Thirteenth were in action, did you send out the Highland Company, at my request, to hold the woods to our right, and the road, from the reserve?

Answer-I did send out the Highland Company with orders as described, but I cannot say if it was before or after the Thirteenth went out.

Question from Lieut.-Col. Booker-What did they report on their return?

Answer-I don't recollect their return. I believe them to be the last to leave the field.

Question from Lieut.-Col. Booker-Did you hear the cry of "Cavalry"?

Answer-Yes.

Question from Lieut.-Col. Booker-Did you see the Fenian reserves advancing after the cry of "Cavalry'"?

Answer-No.

Question from Lieut.-Col. Booker-Did you see that we were outflanked to the right?

Answer-No, I believe it was the reserve. I could not see the extreme right.

Question from the Court-On what do you ground your belief that they were not outflanked on the right?

Answer-Princ.i.p.ally on the statements of the officers and men who were out skirmishing on the right.

Question from Lieut.-Col. Booker-Did you notice men coming down the hill to our front at a double, in front of the reserves, crying "Cavalry"?

Answer-No.

Question from the Court-When three companies of the Thirteenth were sent out to relieve the Queen's Own, had the movement been executed before the retreat was sounded?

Answer-No, so far as my knowledge extends. Both lines of skirmishers, Rifles and Thirteenth, came in together.

Question from Lieut.-Col. Booker-Was the endeavor made to bring the men out of square into column?

Answer-Yes. They did re-form column.

Question-Was the rear of the column or square now in retreat?

Answer-No. Not at that time.

Question from Lieut.-Col. Booker-Do you consider there was a panic when the retreat commenced?

Answer-I think the retreat was caused by a panic. After the column was re-formed I ordered the two leading companies again to extend and skirmish. They did so. I ordered the rest of the column, which at that time was composed of Queen's Own and Thirteenth mixed together, to retire, as they were exposed to a heavy fire on the front and right from the enemy's front and left. This order was being obeyed by the men with reasonable steadiness, when as I was standing in rear of the retiring column, I heard them cheer loudly and call out "reinforcements." I then saw some men in red, whom I believe were the left wing of the Thirteenth, and whom these men, I suppose, took to be reinforcements. When these men in red heard the cheer they broke and retired. Then the whole column became disorganized. This was about 9 o'clock a.m. The first shot was fired about half-past seven a.m.

Question from Lieut.-Col. Booker-Did you believe, when you saw my despatches to Col. Peac.o.c.ke and Gen. Napier, that they were correct, and did you concur in the correctness of them when you were with me in the customs office at Port Colborne?

Answer-Yes, the general tenor of the report was correct, and I a.s.sented to it.

Question from the Court-Is there anything in Lieut.-Col. Booker's report, just read to you, that places the Thirteenth Battalion in a false position?

Answer-No.

Question from Lieut.-Col. Booker-Do you think the men could have been rallied after they had commenced the retreat?

Answer-The whole force could not have been, but I could have rallied two or three hundred men around me at any time during the retreat, had I been disposed to do so. Officers of both the Queen's Own and the Thirteenth were frantically exerting themselves to rally their men, but, knowing that I could not be relieved by Col. Peac.o.c.ke, and fearing that the enemy might pa.s.s to our rear, I thought it wiser to conduct the retreat in as orderly a manner as I could.

Question from Lieut.-Col. Booker-Were you satisfied with my conduct on the field?

Answer-Col. Booker asked me the same question in Port Colborne, and I now give him the same answer that I did then, which was, that I could see nothing in his conduct to disapprove of, except with regard to the formation of the squares, which I thought at that time was a mistake, and I think so still.

Question from Lieut.-Col. Booker-As you were not mounted, would you explain the reason why you did not take your horse with, you when you left Port Colborne?

Answer-I had my horse at the station at Port Colborne, when Mr.

Magrath, the manager, told me that I could not get him off the cars at Ridgeway without breaking his legs, there being no platforms.

EVIDENCE OF CHARLES CLARKE.

The second witness called by Lieut.-Col. Booker was Charles Clarke, a Government detective officer, by commission from Mr. G. McMicken, the stipendiary Magistrate at Windsor.

Question from Lieut.-Col. Booker-Were you with the volunteers in the affair at Lime Ridge on the 2nd June?

Answer-Yes.

Question from Lieut.-Col. Booker-Did you see the square disperse?

Answer-Yes. I was with the reserve in the ranks when the square was formed. A number of men, as they were coming in as the reserve, cried out, "Prepare to receive cavalry!" I should say it came from as many as fifty men. I saw the column re-formed. At this time a body of red-coats were coming around a curve in the road about two hundred yards in rear of the square. The Queen's Own and those of the Thirteenth began to cheer, supposing them to belong to the 47th Regiment coming to their relief. As soon as we ascertained that they were not the 47th, we supposed that they were two companies of the Thirteenth who had been driven in by main force, and the result was that we became panic-stricken, and we all broke. I saw several officers belonging to the Queen's Own and the Thirteenth attempting to rally the men. I saw Lieut.-Col. Booker attempting to rally the men, telling them to get into the bush on each side of the road, about four or six hundred yards from where they commenced to retreat. He got the bugler to sound the "halt" several times, and I heard the bugler say he was tired sounding the "halt." The men continued to retreat, except sixteen or seventeen of us, who got over the fence into the bush on our left, but had to leave because the main body continued their retreat towards Ridgeway. At Ridgeway I saw Lieut.-Col. Booker with four officers of the Thirteenth and one of the Queen's Own, each with a revolver in his hand, and Lieut.-Col. Booker had his sword, threatening to shoot the men if they did not stop. They broke through the line of these officers.