After some further but ineffectual remonstrance on the part of the president, the pleas of the prisoner were recorded, and the examination commenced.  Governor de Haldimar was the first witness.

That officer, having been sworn, stated, that on the preceding night he had been intruded upon in his apartment by a stranger, who could have obtained admission only through the gate of the fortress, by which also he must have made good his escape.  That it was evident the prisoner had been in correspondence with their enemies; since, on proceeding to examine the gate it had been found unlocked, while the confusion manifested by him on being accused, satisfied all who were present of the enormity of his guilt.  Search had been made every where for the keys, but without success.

The second charge was supported by presumptive evidence alone; for although the governor swore to the disappearance of his son, and the murder of his servant, and dwelt emphatically on the fact of their having been forcibly carried off with the connivance of the prisoner, still there was no other proof of this, than the deductions drawn from the circumstances already detailed.  To meet this difficulty, however, the third charge had been framed.

In proof of this the governor stated, that the prisoner, on being interrogated by him immediately subsequent to his being relieved from his post, had evinced such confusion and hesitation, as to leave no doubt whatever of his guilt; that, influenced by the half promise of communication, which the court had heard as well as himself, he had suffered the trial of the prisoner to be delayed until the present hour, strongly hoping he might then be induced to reveal the share he had borne in these unworthy and treasonable practices; that, with a view to obtain this disclosure, so essential to the safety of the garrison, he had, conjointly with Major Blackwater, visited the cell of the prisoner, to whom he related the fact of the murder of Donellan, in the disguise of his master’s uniform, conjuring him, at the same time, if he regarded his own life, and the safety of those who were most dear to him, to give a clue to the solution of this mysterious circumstance, and disclose the nature and extent of his connection with the enemy without; that the prisoner however resolutely denied, as before, the guilt imputed to him, but having had time to concoct a plausible story, stated, (doubtless with a view to shield himself from the severe punishment he well knew to be attached to his offence,) that Captain de Haldimar himself had removed the keys from the guard-room, opened the gate of the fortress, and accompanied by his servant, dressed in a coloured coat, had sallied forth upon the common.  “And this,” emphatically pursued the governor, “the prisoner admits he permitted, although well aware that, by an order of long standing for the security of the garrison, such a fragrant dereliction of his duty subjected him to the punishment of death.”