about five o'clock
They withdrew , and he then arranged some preliminaries of the examination , and called in -- Captain Zuten , of the -- Regiment of Infantry . 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 outpost 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 .