(_d_) Without having exhausted every means of defence, and without having recourse to the bayonet, did telegraph to General Stössel in Port Arthur, in order to induce him to order a retirement, as to 'the critical position,' and the complete lack of gun ammunition, there being at the time a large quantity of ammunition at the station of Nangalin. (_e_) Having, in consequence of this, received instructions from General Stössel to retire at dusk, did commence the retirement in daylight, thus causing many casualties, and ceding to the Japanese the fortified position at Kinchou, without having made use of all the means at his disposal for its protracted defence. Provided for under, etc. 2. In that he, during the battle of August 21, 1904, having received an order from his immediate Commanding Officer--the Commandant of the Fortress--to send two battalions of the 14th East Siberian Rifle Regiment to the advanced forts on the north-east front, did not at once obey the order, but entered into an untimely argument with the Commandant, and did not himself accompany the last unit of the reserve under his command. Provided for under, etc. 3. In that he, having no official position in the defence from August 22, 1904, to December 16, 1904, and going round the positions on his own initiative, under the pretext of assisting the defence, but really in a cowardly desire to prove himself superior in bravery, knowledge and ability to the other commanders, did allow himself to discuss affairs and to issue 'Memoranda,' in which he not only offensively criticized the actions of those who were not under his orders--accusing them of incompetence and cowardice--but also spread abroad the idea that the defence of the forts and fortified positions should not be carried to such a length as to cause many casualties, and did act in such a manner that his views and 'Memoranda' became known to the garrison at large (including the soldiers), by which he shook the belief of the troops in the necessity for, and the possibility of, holding the defences to the very last. Provided for under, etc. 4. In that he, having on December 16, 1904, taken over the duties of Commander of the Land Defences of the Fortress of Port Arthur, and finding it impossible to hold Fort No. 2 any longer, did report this fact personally to the Officer Commanding the District, and did not report it to the Commandant of the Fortress, to whom he was directly subordinate, and having received General Stössel's permission on December 18, 1904, did order that this fort should be abandoned and blown up without informing the Commandant. Provided for under, etc.