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. The candid reader will of himself determine, whether a man's heart is to be judged by any change of his complexion, granting such a change to have happened; whether the evidence of one witness, in such a case, will weigh against the concurrent testimony of all the officers whose immediate business it was to attend and observe the commander: whether it was likely that an officer, who had been more than once in actual service, and behaved without reproach so as to attain such an eminent rank in the army, should exhibit symptons of fear and confusion, when there was in reality no appearance of danger; for none of the orders imported that he should attack the enemy, but only advance to sustain the infantry. The time which elapsed from the first order he received by captain Winchingrode, to the arrival of colonel Ligonier, did not exceed eight minutes, during which his aide-camp, captain Hugo, was employed in removing the Saxe-Gotha regiment from the front, by which he proposed to advance. From that period till the cavalry actually marched in consequence of an order from lord George, the length of time was differently estimated in the opinion of different witnesses, but at a medium computed by the judge-advocate at fifteen minutes, during which the following circumstances were transacted: The troops were first ordered to advance forwards, then halted; the contradictory orders arrived and were disputed; the commander desired the two aidsdecamp to agree about which was the precise order, and he would obey it immediately: each insisting upon that which he had delivered, lord George hastened to the general for an explanation; and, as he passed the wood, sent back captain Smith to the right of the cavalry, which was at a considerable distance, to put the British horse in motion. We shall not pretend to determine whether the commander of such an important body may be excusable for hesitating, when he received contradictory orders at the same time, especially when both orders run counter to his own judgment, whether in that case it is allowable for him to suspend the operation for a few minutes, in order to consult in person the commander-in-chief about a step of such consequence to the preservation of the whole army. Neither will we venture to decide dogmatically on the merits of the march, after the cavalry were put in motion; whether they marched too slow, or were unnecessarily halted in their way to the heath. It was proved, in
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