he court the oath prescribed in the Articles of
War, to the intent that they should "try the matter before them,
between the prisoner and the United States, according to the evidence,
without fear, favor or affection."

This oath was taken by each member holding up his right hand and
repeating the words after the officer.

The court then being regularly constituted, and every preliminary form
observed, the Judge Advocate arose and directed the prisoner to listen
to the charge brought against him, and preferred by the Colonel of his
Regiment, Gabriel Le Noir.

Traverse raised his head and fixed his eagle eyes upon the prosecutor,
who stood beside the Judge Advocate, while the latter in an audible
voice read the accusation, charging the prisoner with wilful neglect of
duty, in that he, the said Traverse Rocke, on the night of the first of
September, being placed on guard at the northwestern outpost of the
Infantry quarters, at Tacubaya, did fall asleep upon his post, thereby
endangering the safety of the quarters, and violating the 46th Article
of War.

To which charge the prisoner, in a firm voice, replied:

"Not guilty of wilful neglect of duty, though found sleeping upon my
post."

The Judge Advocate then cautioned all witnesses to withdraw from the
court and come only as they were called. 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 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