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CONCLUSION
 As this book leaves the hands of the printer, the columns of the daily press are conveying to the world the terms of the indictment of the chief characters mentioned in it for their share in the surrender of the Fortress of Port Arthur to the Japanese. As this constitutes an official confirmation of much that I have written, I include it in my book, so that the reader may be in a position to judge if the title of my work is justified. This indictment, I may add, has been drawn up by three separate Commissions, composed of the highest Government officials and experts in military law.
Official Indictment.
Lieutenant-General St?ssel, of the retired list, is charged as follows:
1. In that he, having on July 3, 1904, received an order from the Commander-in-Chief of the Army in Manchuria to hand over command of the Fortress of Port Arthur to its Commandant, Lieutenant-General Smirnoff, and to leave the Fortress, disobeyed, and, remaining in the Fortress, retained command of it—an action provided for under Article 255, Book XXII., of the 'Military Code of 1869,' third edition.
2. In that he, in defiance of Order No. 339 of April 27, 1904, by the Viceroy in the Far East, did interfere with[Pg 337] the powers and duties of the Commandant of the Fortress, thus undermining the latter's authority, shaking public confidence in him, and so diminishing the defensive capabilities of the Fortress. The following are instances of such interference:
(a) Granting permission over the Commandant's head, and against his orders, for supplies to be taken out of the Fortress.
(b) Appointing Civilian Counsellor Riabinin to the charge of the Medical Department without making him subordinate to the Commandant of the Fortress.
(c) Transferring the Dalny Hospital, in opposition to the Commandant's orders and to the detriment of the public service, to a site selected by himself.
(d) Removing the Chief of the Fire Brigade, Weykanen, from duty.
(e) Sending the Gendarmerie to Liao-tieh-shan.
(f) Closing the printing-offices of the Novy Kry, and ordering the arrest of M. Nojine, who was on the staff of that journal.
(g) Stopping work on the second and third lines of defence.
Provided for under, etc.
3. In that he did not in time take proper steps to increase the quantity of supplies in the Fortress, as follows:
(a) By not supplementing the reserve of vegetables, although this was quite possible.
(b) By not arranging to requisition horses, in accordance with the Mobilization Regulations, and to increase the number of cattle in the Fortress.
(c) By not sanctioning the Commandant's request[Pg 338] that the rations of horse-flesh might be increased, a course which was absolutely necessary to maintain the strength of the worn-out garrison.
Provided for under, etc.
4. In that he, during the siege, received and read certain 'Memoranda,' written by Lieutenant-General Fock, which were composed in a derisive and offensive spirit, and of a nature calculated to undermine the authority of, and bring odium upon, several of the Commanders, subvert discipline, and lower the moral of the garrison; and, in spite of their harmful influence upon the defence, took no steps to prevent their publication and circulation among the troops.
Provided for under, etc.
5. In that he, for his personal ends, sent reports to the Commander-in-Chief of the Army in Manchuria on May 27 and 31, and to the Viceroy on May 30, referring to the battle at Kinchou, in which he, in contradiction to the actual facts and to the actions of himself and those present, asserted that 'In this warm corner we fired every shell we had got,' and that 'we retired in perfect order on Nangalin,' and drew up these reports in such a manner as to make it appear that he, General St?ssel, had in person acted with great energy and directed operations, while—
(a) During the battle at Kinchou, he—General St?ssel—remained in Port Arthur, and personally took no part in the action.
(b) There was a large quantity of ammunition at Nangalin Station for the quick-firing guns, as was known to all the artillery units.
(c) The retirement on Nangalin was carried out in [Pg 339]great haste and in complete disorder—so much so that certain units rushed through and broke down the wire entanglement obstacle.
Provided for under, etc.
6. In that he, for his own advantage, and in order to place the actions of his subordinates in the most favourable light, on May 28, 1904, reported to the Commander-in-Chief of the Army in Manchuria that the force under Lieutenant-General Fock 'was falling back gradually towards Wolfs Hills'—a statement directly opposed to facts, as the retirement of the force direct on to Wolf's Hills (the last of the advanced positions) was effected in complete disorder and in great haste along a hilly road, blocked with transport and by the inhabitants of Dalny retreating to Port Arthur.
Provided for under, etc.
7. In that he, for his own advantage, and in order to represent himself as taking a part in various actions (which did not take place), on June 14, 1904, reported in writing to the Commander-in-Chief of the Manchurian Army as to his own great activity in the conduct of the defence, in which report he stated, in opposition to facts: ' ... I always make a point of being in every possible engagement ...'; while from February 8, 1904, to June 14—i.e., up to the date of his letter to General Kuropatkin—not a single engagement with the Japanese took place (except the battle at Kinchou, in which he—General St?ssel—took no part) but the bombardments, during which the whole population of Port Arthur were in equal danger.
Provided for under, etc.
8. In that he, in the hope of justifying the prearranged surrender of the Fortress to the enemy, on December 29, 1904, reported to the Tsar in a telegram that: 'By the[Pg 340] capture of Fort No. 3 the Japanese have become masters of the whole north-east front, and the Fortress can only hold out for a very few days. We have no artillery ammunition ...'—a report which was not in accordance with the facts, as at the Council of War held on that day (December 29), when the members by a large majority declared themselves in favour of holding out to the last moment, both Major-Generals Biely and Nickitin declared that there was sufficient ammunition in hand for a further defence.
Provided for under, etc.
9. In that he intentionally, improperly, and with false statements recommended:
(a) Lieutenant-General Fock for promotion to the Third Class Order of St. George for the battle which he lost at Kinchou, and in which he displayed complete incompetence;
(b) Major-General Nadein for promotion to the Third Class Order of St. George for the same battle, in which he in no way distinguished himself;
(c) Major-General Reuss for the Fourth Class of the same Order, this officer himself asserting that he had done nothing whatever to merit such a reward.
Provided for under, etc.
10. In that he, while in command of the District, and being the senior officer in a fortress which was being besieged by the Japanese, and of which the Commandant was subordinate to him, decided to surrender the Fortress to the enemy, and, in order to do so, in spite of the opinion of the great majority of the Council of War held on December 29, 1904, in favour of the continuation of the defence (which was in every way possible), and without, in accordance with the Regulations, convening a[Pg 341] fresh Council of War, did between 3 and 4 p.m. on January 1, 1905, despatch a parlementaire to General Nogi, commanding the besieging army, proposing to enter into negotiations for the surrender of the Fortress, although all means of defence had not been exhausted, as the fighting strength of the garrison and the amount of war material and of supplies permitted of a continuation of it.
In that he, after this, agreed to the proposal of Lieutenant-General Fock, commanding the land defences, to abandon Little Eagle's Nest, Kuropatkin Lunette, and B Battery without a fight, which action greatly diminished the power of resistance of the Fortress.
In that he, on the following day—January 2, 1905—authorized Colonel Reuss, his Chief of the Staff, to conclude definitely the capitulation without giving him any precise instructions as to the terms to be insisted upon on our side, in consequence of which Colonel Reuss signed, in the village of Siu-shuing, to terms which............
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