5th Charge.--With having, on or about the 4th June last, in a certain report of his proceedings addressed to Colonel Lowry, commanding the Niagara frontier, untruly, and knowing it to be untrue, stated that, having advanced to meet the enemy at Fort Erie on the 2nd June last, he did, in order to save the prisoners then on board the tug "Robb" and prevent the enemy from obtaining possession of that vessel, order the Captain of that vessel to cast off and get into the stream, and ordered his (Colonel Dennis') men (meaning his command, landed as aforesaid) to retreat and do the best they could to get away, each man for himself, when in reality he did not give such orders, and had at the time of which he alleges he gave them, deserted his command. 6th Charge.--That he was guilty of misconduct at Fort Erie on the afternoon of the 2nd June last, in this, that having received information that an overwhelming body of the enemy was then within a very short distance of and advancing against Fort Erie, and in fact seen that body himself, he should and might, instead of placing his command then at Fort Erie in the dangerous position described in Charge No. 2, have embarked it in the steamer "Robb," so protected that vessel with materials at hand that she would have been proof against the fire and weapons of the enemy, and dropping into the stream, held the enemy in check without any casualty to his command, and prevented them from escaping to the United States before the arrival of a force sufficiently strong to capture them. The Court having proceeded to the examination of the evidence brought forward against the accused, as well as what he has offered in exculpation, and having duly considered the same, are of-- OPINION. As to the 1st Charge.--That the allegation that Lieut.-Colonel Dennis, after having received information of the near approach of an overwhelming force, made arrangements for billetting his men at Fort Erie, thereby raising the inference that in so acting he evinced disregard for the lives of the officers and men of the party under his command, is not sustained. And that of the part of this charge attributing to Lieut.-Colonel Dennis an expressed intention (with or without such information as he is alleged to have had) of leaving a part of his command at Fort Erie and taking the steamer and remainder of the force to Port Colborne, there is not any evidence whatever in support.