This witness was a short, coarse-featured, red-haired person of Dutch extraction, without intellect enough to enable him to conceal the malignity of his nature.
He testified that on Thursday, the first of September, Traverse Rocke, private in his company, was ordered on guard at the northwestern out post of the quarters, between the hours of four and eight a.m. That about five o'clock on the same morning, he, Joseph Zuten, in making his usual rounds, and being accompanied on that occasion by Colonel Gabriel Le Noir, Lieutenant Adams and Ensign Baker, did surprise Private Traverse Rocke asleep on his post leaning against the sentry box with his musket at his feet.
This witness was cross-examined by the Judge Advocate, who, it is known, combines in his own person the office of prosecutor on the part of the United States and counsel for the prisoner, or rather, if he be honest, he acts as impartial inquirer and arbiter between the two.
As no new facts were gained by the cross-examination, the Judge Advocate proceeded to call the next witness, Colonel Le Noir.
Here, then, was a gentleman of most prepossessing exterior, as well as of most irreproachable reputation.
In brief, his testimony corroborated that of the foregoing witness, as to the finding of the prisoner asleep on his post at the time and place specified. In honor of his high social and military standing, this witness was not cross-examined.
The next called was Lieutenant Adams, who corroborated the evidence of former witnesses. The last person examined was Ensign Baker, whose testimony corresponded exactly to that of all who had gone before him.
The Judge Advocate then briefly summed up the case on the part of the United States—first by reading the 46th Article of War, to wit, that:
"Any sentinel who shall be found sleeping on his post, or shall leave it before he shall be regularly relieved, shall suffer death," etc., etc., etc.
And secondly, by reading the recorded evidence to the effect that: