report on the occasion is also good circumstantial evidence in favour of my side of the question. “The face of affairs in this quarter now wore a different aspect, for the enemy who had been the assailant, _having dispersed or driven every thing there opposed to him_, was in possession of the rocky eminence of the sierra at this part of major-general Picton’s position _without a shot being fired at him_. Not a moment was to be lost. Major-general Leith resolved instantly to attack the enemy with the bayonet. He therefore ordered the ninth British regiment, which had been hitherto moving rapidly by its left in columns in order to gain the most advantageous ground for checking the enemy, to form the line, which they did with the greatest promptitude accuracy and coolness under the fire of the enemy, who had just appeared formed on that part of the rocky eminence which overlooks the back of the ridge, and who had then for the first time also perceived the British brigade under him. Major general Leith had intended that the thirty-eighth, second battalion, should have moved on in the rear and to the left of the ninth regiment, to have turned the enemy beyond the rocky eminence which was quite inaccessible towards the rear of the sierra, while the ninth should have gained the ridge on the right of the rocky height, the royals to have been posted (as they were) in reserve; but the enemy _having driven every thing before them in that quarter_, afforded him the advantage of gaining the top of the rocky ridge, which is accessible in front, before it was possible for the British brigade to have reached that position, although not a moment had been lost in marching to support the point attacked, and for that purpose it had made a rapid movement of more than two miles without halting and frequently in double quick time.”