In general, the Russian defenders were suffering disproportionate casualties each time the Japanese attacked. In particular, several large underground mines were exploded in late December, resulting in the costly capture of a few more pieces of the defensive line. Stessel, therefore, decided to surrender to the surprised Japanese generals on 2 January 1905. He made his decision without consulting either the other military staff present, or the Tsar and military command, who all disagreed with the decision. Stessel was convicted by a court-martial in 1908 and sentenced to death on account of an incompetent defence and for disobeying orders. He was later pardoned.