The Baron de Dieskau had been disabled by a wound in the leg. One of his men, who endeavored to assist him, was shot down by his side. The baron, left alone in the retreat, was found by the pursuers leaning against the stump of a tree. As they approached, he felt for his watch to insure kind treatment by delivering it up. A soldier, thinking he was drawing forth a pistol to defend himself, shot him through the hips. He was conveyed a prisoner to the camp, but ultimately died of his wounds. The baron had really set off from Crown Point to surprise Fort Edward, and, if successful, to push on to Albany and Schenectady; lay them in ashes, and cut off all communication with Oswego. The Canadians and Indians, however, refused to attack the fort, fearful of its cannon; he had changed his plan, therefore, and determined to surprise the camp. In the encounter with the detachment under Williams, the brave Chevalier Legardeur de St. Pierre lost his life. On the part of the Americans, Hendrick, a famous old Mohawk sachem, grand ally of General Johnson, was slain. Johnson himself received a slight wound early in the action, and retired to his tent. He did not follow up the victory as he should have done, alleging that it was first necessary to build a strong fort at his encampment, by way of keeping up a communication with Albany, and by the time this was completed, it would be too late to advance against Crown Point. He accordingly erected a stockaded fort, which received the name of William Henry; and having garrisoned it, returned to Albany. His services, although they gained him no laurel-wreath, were rewarded by government with five thousand pounds, and a baronetcy; and he was made Superintendent of Indian Affairs. [Footnote: Johnson's Letter to the Colonial Governors, Sept. 9th, 1753. London Mag., 1755., p. 544. Holmes' Am. Annals, vol. ii., p. 63. 4th edit., 1829.] CHAPTER XIX. REFORM IN THE MILITIA LAWS--DISCIPLINE OF THE TROOPS--DAGWORTHY AND THE QUESTION OF PRECEDENCE--WASHINGTON'S JOURNEY TO BOSTON--STYLE OF TRAVELLING--CONFERENCE WITH SHIRLEY--THE EARL OF LOUDOUN--MILITARY RULE FOR THE COLONIES--WASHINGTON AT NEW YORK--MISS MARY PHILIPSE. Mortifying experience had convinced Washington of the inefficiency of the militia laws, and he now set about effecting a reformation. Through his great and persevering efforts, an act was passed in the Virginia Legislature giving prompt operation to courts-martial; punishing insubordination, mutiny and desertion with adequate severity; strengthening the authority of a commander, so as to enable him to enforce order and discipline among officers as well as privates; and to avail himself, in time of emergency, and for the common safety, of the means and services of individuals. This being effected, he proceeded to fill up his companies, and to enforce this newly defined authority within his camp. All gaming, drinking, quarrelling, swearing, and similar excesses, were prohibited under severe penalties.