_5th. "That the said_ Major-General Procter _did not on the said 5th day of October, either prior to, or subsequent to, the Attack by the Enemy on the said Division on that day make the Military dispositions best adapted to meet or to resist the said Attack, and that during the Action, and after the Troops had given way, he did not make any effectual attempt in his own person, or otherwise, to rally or encourage them, or to co-operate with and support the Indians who were engaged with the enemy on the right, the said_ Major-General Procter _having quitted the Field soon after the Action commenced, such Conduct on the part of_ Major-General Procter _betraying great professional incapacity, tending to the defeat and dishonour of His Majesty's Arms, to the sacrifice of the Division of the Army committed to his charge, being in violation of his Duty, and unbecoming and disgraceful to his Character as an Officer, prejudicial to good Order and Military Discipline, and contrary to the Articles of War_." Upon which Charges the Court came to the following decision:-- "The Court having duly weighed and considered the evidence adduced, as well in support of the Charges, as in support of the Defence, is of Opinion." "That the Prisoner, _Major-General Henry Procter_, Lieutenant-Colonel of the 41st Regiment, is _not Guilty_ of any part of the _First_ Charge; and the Court doth therefore _wholly acquit_ him, the said _Major-General Procter_, of the same." "On the _Second_ Charge, the Court is of opinion, that the said _Major-General Procter_ is _Guilty_ of the following part thereof, _that he did not take the proper measures for conducting the Retreat_; but the Court is of Opinion, that the said _Major-General Procter_ is _Not Guilty_ of any other part of the said Charge, and doth therefore _acquit_ him of the same." "On the _Third_ Charge the Court is of opinion, that the said _Major-General Procter_ is _Guilty_ of that part thereof in which it is charged, _that the said Major General Procter did not take the necessary measures for affording security to the Boats, Waggons, and Carts, laden with the Ammunition, Stores, and Provisions, required for the Troops on their retreat_; but the Court is of opinion, that the said _Major-General Procter_ is _Not Guilty_ of any part of the remainder of the said Charge, and doth therefore _acquit_ him of the remainder thereof."