After the attorney for the prosecution had read the papers on which it was founded, and made a statement of what was expected to be proved in its support, the witnesses in that behalf were called and sworn. 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.