At this he heard a great cheer, and looking up saw the cause of it all. The Americans were in possession of a portion of the heights, and their sharpshooters, thinking they had succeeded in intercepting him in his errand, had set up a cheer, but Birney was soon afoot, and came up with Colonel Williams, who upon seeing Birney, called his men to halt, and enquired, "What's the matter, Birney? Orders from the General?" Birney, being entirely out of breath, from his efforts and fall, could not answer, and Colonel Williams further enquired, "Did the General not order us to retire?" Birney shook his head. "What, then?" asked Colonel Williams. "To cease firing," Birney managed to whisper. At this the Colonel uttered an oath and smote himself a terrific blow on the forehead with his fist. They had not returned far when they heard a voice say "Halt!" and looking up they saw the General and his men, they having been driven from the summit. There was a short conference, when the General decided to go around by St. David's and there attack the enemy. But they had not gone far when Birney, who was immediately behind the General, heard a groan, and looking up saw the General falling from his horse, and, rushing forward, he assisted him to the ground. With a few parting orders the General was dead. After this Birney had to take command of his own company, and with the rest they fell in order and marched around the mountain by St. David's and there surprised the Americans eating their (the Canadians') breakfast, as the Americans had surprised them earlier in the morning. And then commenced the real fighting of the day. The Americans after a hand-to-hand fight were charged and driven out, many of them being forced over heights into Niagara River. Captain Birney used to remark that with his sword in one hand and a broken gunbarrel in the other he led his men in this charge, and it was a sorry day for any American who came within his reach. Among the many prisoners Captain Birney assisted in capturing that day was his cousin, Captain Winfield Scott, afterwards General Scott, who, after being taken to York, was exchanged for prisoners. Captain Birney led his company, the 5th Lincoln, in the battle of Lundy's Lane in 1814, coming out of it, as he did in all his engagements, without a scratch.