They had marched, without halting, up the rise of the hill, and came upon the German Legion, who had, having been informed they were to the rear of General Hill's division, and believing they were in a second line, lain down on their arms, and when the enemy topped the hill, _en masse_, many were asleep. But General Hill's corps had not arrived, and the Germans were first roused by the enemy seizing them as prisoners, or firing into them at _brûle-pourpoint_. The flashes of the retiring fire of the broken and surprised Germans marked the enemy's success, and the imminent danger of our army. General Sherbrooke, posted in the centre, with the promptitude required in such an emergency, ordered the regiments of the brigade next to the Germans to wheel into open column, and then, facing them about, was preparing to storm the hill, with the rear-rank in front, when the brigade of Gen. Donkin by a brilliant charge restored the height to its proper owner, also driving the French from the top of the hill into the valley, with immense loss, and the colonel of the 9th regiment terribly wounded. A second attack was afterwards repelled by the timely arrival of the division of Gen. Hill, Colonel Donkin's brigade having taken ground to its right. There was some fear that the enemy, when the Germans had been driven back, had carried off the only heavy guns we had with our army, but fortunately they had been withdrawn at dusk from the brow of the hill. Major Fordice, of the Adj.-Gen. department, an officer of great promise, fell in retaking these heights, with many valuable officers and men. After this attack was repulsed, the enemy remained quiet, awaiting the morn which was to decide the fate of the battle. The British light infantry was thrown out to the front, with sentries still more advanced towards the enemy. This necessary precaution, coupled with the inexperience of our troops, principally militia-men, produced a heavy loss, from the jealousy they felt of all in their front, after this night attack. This was increased by the constant word "_stand up_" being passed along the line, and on more than one occasion it led to an individual soldier firing at some object in his front, which was taken up by the next, and so passed, like, and to appearance being a running wildfire, down the front of one or more regiments, till stopped by the officers. In this, the troops unfortunately forgot their light infantry in front, and many brave officers and men fell a sacrifice to the fire of their comrades; amongst them was Colonel Ross of the Guards.