5. In that he, while Commander of the Land Defences of the Fortress, and being aware of General Stössel's intention to surrender the Fortress of Port Arthur to the Japanese before all means of defence had been exhausted, as the fighting strength of the garrison and the amount of supplies and munitions of war assured the possibility of a continuance, concurred in this intention, and assisted General Stössel in the execution of it. For instance: On December 1, 1904,[46] reporting to General Stössel that it was necessary to send a _parlementaire_ at once to General Nogi with proposals to capitulate, and then, after its despatch, upon his own responsibility, and in spite of the orders of the Commandant, ordering, under threats, General Gorbatovsky, who was in command of the defences on the east front, to abandon Little Eagle's Nest, Kuropatkin Lunette, and B Battery without a fight, which works were accordingly in the evening abandoned by our troops, he--Lieutenant-General Fock--knowing full well that by these dispositions of his he had placed the defence of the Fortress under most disadvantageous conditions should the negotiations for surrender be for any reason broken off, and had enabled the Japanese representatives to demand from us most disadvantageous and degrading terms of capitulation. Provided for under, etc. Lieutenant-General Smirnoff is charged as follows: 1. In that he, suspecting, after the surrender to the Japanese of Fort No. 2, the existence of an understanding between Generals Stössel and Fock to reduce the Fortress to such a state as to justify capitulation, and in despite of the responsibility resting upon him under the terms of Article 57 of the 'Regulations for the Guidance of Commanders of Fortresses,' did not immediately deprive General Fock of his command, did not take energetic action to prevent the above-named officers carrying out their plan, and confined himself to despatching a telegram to the Commander-in-Chief, in which he requested that he might be either given full power as Commandant or relieved from all responsibility as such for the future defence of the Fortress. Provided for under, etc. 2. In that he, having learned on January 1, 1905, of the despatch by General Stössel of a letter to General Nogi containing proposals for negotiations for surrender, in spite of Article 69, Book XXII., of the 'Military Code of 1869,' third edition, and Article 57 of the 'Regulations for the Guidance of Commanders of Fortresses,' did not convene a meeting of the Committee of Defence, did not insist that General Stössel should act in accordance with Article 62 of the above 'Regulations,' and did not carry out the resolution of the Council of War of December 29, 1904, to continue a protracted defence of the Fortress. Provided for under, etc. FOOTNOTES: