"On the _Fourth_ Charge the Court is of opinion, that the said _Major-General Procter_ is _Guilty_ of that part thereof, in which it is charged _that he neglected to occupy the heights above the Moravian Village, although he had previously removed his Ordnance, with the exception of one Six Pounder, to that position, where, by throwing up Works he might have awaited the attack of the Enemy, and engaged them to great advantage;--and that after the intelligence had reached him of the approach of the Enemy on the Morning of the said 5th October, he halted the said Division, notwithstanding it was within two miles of the said Village, and formed it in a situation highly unfavourable for receiving the attack, which afterwards took place_;--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." "On the _Fifth_ Charge the Court is of opinion, that the said _Major-General Procter_ is _Guilty_ of that part thereof, in which it is charged _that he 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_; but the Court is of opinion, that that part thereof, in which it is charged _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_, has not been proved, and the Court doth therefore _acquit_ him, the said _Major-General Procter_ of the same;--and 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 _fully_ and _honourably acquit_ him of the same." "Upon the whole, the Court is of opinion, that the prisoner, _Major-General Procter_, has in many instances during the retreat, and in the disposition of the Force under his Command, been erroneous in judgment, and in some, deficient in those energetic and active exertions, which the extraordinary difficulties of his situation so particularly required." "The Court doth therefore adjudge him, the said _Major-General Procter, to be publicly reprimanded, and to be suspended from Rank and Pay, for the period of Six Calendar Months_." "But as to any defect or reproach, with regard to the personal conduct of _Major-General Procter_, during the action on the 5th of October, the Court _most fully_ and _honourably acquits_ the said _Major-General Procter_." His Royal Highness the Prince Regent has been pleased, in the name and on the behalf of His Majesty, to confirm the Finding of the Court, on the 1st, 3d, 4th, and 5th Charges.