In that he, having surrendered the Fortress to the enemy, did not share the fate of the garrison by accompanying it into military confinement. Provided for under, etc. Major-General Reuss is charged as follows: 1. In that he, while Chief of the Staff of the Kwantun District, and being aware of General Stössel's intention to surrender the Fortress of Port Arthur to the Japanese at a time when the fighting strength of the garrison and the quantity of munitions of war and of supplies assured the possibility of a continuance of the defence, concurred in this intention, and assisted General Stössel in the execution of it--for instance: (_a_) At the meeting of the Defence Committee on December 8, 1904, and at the Council of War on December 29, 1904, exaggerating the critical state of affairs, and declaring that further opposition was useless, and that the Fortress should be surrendered. (_b_) Prematurely composing and despatching at General Stössel's direction on January 1, 1905, a letter to General Nogi, commanding the Japanese besieging army, in which proposals were made for negotiations for a capitulation. (_c_) On the following day, January 2, 1905, without demanding definite instructions from General Stössel regarding the conditions to be insisted on for surrender, going to Siu-shuing village--the place appointed for the negotiations--and raising no objections to the demands put forward by the Japanese representatives, signing that same day to the capitulation of the Fortress upon terms disadvantageous to Russia and derogatory to her dignity, and by such action co-operating with General Stössel in the surrender of the Fortress to the enemy. Provided for under, etc. Lieutenant-General Fock is charged as follows: 1. In that he, having received categorical instructions on February 27 and May 19, 1904, to make an obstinate defence, even to a defence with the bayonet, at the Kinchou position, not only with the 5th East Siberian Rifle Regiment, but with the 13th and 14th Regiments, which were close at hand, and disregarding these orders and the fact that General Stössel had himself undertaken the defence of Inchenzy Bay, which was in rear of the position-- (_a_) When the battle had begun on the morning of May 26, 1904, instead of taking command, did go away to Inchenzy Bay to select a position there for the 15th Regiment, in case the Japanese should land there, and did not arrive at the attacked position till 2 p.m. (_b_) Did only send one of the four regiments present at Kinchou into action, and thus did cause its separate destruction. (_c_) Did not only fail to make any use of his reserves during the battle, but did stop two battalions which were going up into the fighting line, under orders from General Nadein.