nearly
midnight
The first testimony introduced was that of Codman and others , to show the deep malice and implied threats of revenge which the prisoner had so clearly exhibited towards the supposed murdered man , in the prosecution of which the latter was a principal mover , the winter before . But this evidence , when sifted by the long and severe cross-examination that followed , and found to consist , instead of definite words , almost wholly of menacing looks and other silent demonstrations of rage , which are ever extremely difficult to bring out in words with their original effect , amounted to so little that the prisoner 's counsel attempted to turn it into ridicule with considerable show of success . Testimony in relation to the canoe of the Elwoods , recently found washed up among the rapids , which was next introduced , was found , when tested in the same way , in despite of the opinions of the practical boatmen who were the witnesses , to be almost equally inconclusive of the prisoner 's guilt ; so much so , indeed , that his counsel seemed greatly inclined to appropriate it , as showing the probable manner in which the Elwoods , if they were not still both alive , had come to their end . By this time , -- as the court of inquiry was not opened till nearly sunset , and as the examinations , cross-examinations , and preliminary speeches of the opposing counsel , on disputed points of evidence , had been drawn out to seemingly almost interminable lengths , -- by this time , it was nearly midnight ; and the prosecuting party now proposed an adjournment till morning . But this was strenuously opposed by Gaut 's lawyer , who , affecting to believe that the whole affair was a malicious prosecution growing out of the suit last winter , and got up by certain men who had banded together to revenge their defeat on that occasion , and ruin his client , boldly demanded that the prisoner should be discharged , or his conspiring enemies be compelled to proceed at once with `` their sham prosecution , '' as he put on the face to call it . This stand , which was obviously instigated by the prisoner himself , who narrowly watched the proceedings , and , from time to time , was seen whispering in the ear of his counsel , produced the desired effect : the motion was overruled , and the counsel for the prosecution told to go on with his evidence . Moose-killer was then called on to the witnesses ' stand , when , for the first time , Gaut exhibited evident feigns of uneasiness , and whispered something in the ear of his counsel , who thereupon rose and went into a labored argument against the admissibility of the evidence of an Indian , who was a pagan , and knew nothing about the God whose invocation constituted the sacred effect of the oath he had taken .