Witness could not remember much in particular. He was not certain of his having a gun. He rather believed that he had one—strapped, Mexican fashion, along the side of his saddle.
He could speak with certainty of having seen pistols in the holsters, with a bowie-knife in the mustanger’s belt. Gerald was dressed as he always went—in Mexican costume, and with a striped Mexican blanket. He had the last over his shoulders as he rode off. The witness thought it strange, his leaving at that late hour of the night. Still stranger, that he had told witness of his intention to start the next morning.
He had been out all the early part of the night, but without his horse—which he kept in the tavern stable. He had started off immediately after returning. He stayed only long enough to settle his account. He appeared excited, and in a hurry. It was not with drink. He filled his flask with Kirschenwasser; but did not drink of it before leaving the hotel. Witness could swear to his being sober. He knew that he was excited by his manner. While he was saddling his horse—which he did for himself—he was all the time talking, as if angry. Witness didn’t think it was at the animal. He believed he had been crossed by somebody, and was angry at something that had happened to him, before coming back to the hotel. Had no idea where Gerald had been to; but heard afterwards that he had been seen going out of the village, and down the river, in the direction of Mr Poindexter’s plantation. He had been seen going that way often for the last three or four days of his sojourn at the hotel—both by day and night—on foot as well as horseback—several times both ways.
Such are the main points of Oberdoffer’s evidence relating to the movements of the prisoner.
He is questioned about Henry Poindexter.
Knew the young gentleman but slightly, as he came very seldom to the hotel. He was there on the night when last seen. Witness was surprised to see him there—partly because he was not in the habit of coming, and partly on account of the lateness of the hour.
Young Poindexter did not enter the house. Only looked inside the saloon; and called witness to the door.
He asked after Mr Gerald. He too appeared sober, but excited; and, upon being told that the mustanger was gone away, became very much more excited. Said he wished very much to see Gerald that very night; and asked which way he had gone. Witness directed him along the Rio Grande trace—thinking the mustanger had taken it. Said he knew the road, and went off, as if intending to overtake the mustanger.
A few desultory questions, and Oberdoffer’s evidence is exhausted.
On the whole it is unfavourable to the accused; especially the circumstance of Gerald’s having changed his intention as to his time of starting. His manner, described as excited and angry,—perhaps somewhat exaggerated by the man who naïvely confesses to a grudge against him. That is especially unfavourable. A murmur through the court tells that it has made this impression.