Perhaps the ardor of the witnesses, called in Captain Baynell's behalf, when the prosecution had rested at length, made an impression unfavorable to the idea of impartiality. More than one on cross-examination was constrained to acknowledge that he was swayed by the sense of the prisoner's hitherto unimpugnable record, and his high standing as a soldier. No such admission could be wrung from Judge Roscoe, skilled in all the details of the effect of testimony. His plain asseverations that his son had come to his house, not knowing that a Federal officer was a temporary inmate, the account of the simple measures taken to defeat the guest's observation or detection of the young Rebel's propinquity, the reasonableness of his quietly awaiting an opportunity to run the pickets when a chance meeting resulted in discovery and a collision--all went far to establish the fact that the presence of Julius Roscoe was but one of those stolen visits home in which the adventurous Southern soldiers delighted and of which Captain Baynell had no sort of knowledge till the moment of their encounter, when Julius rushed forth to the gaze of all the camp. This was the point of difficulty with the prosecution, the point of danger with the defence,--the adequacy of the proof as to the prisoner's knowledge of the presence of the Rebel in hiding, harbored in the house. For this the prosecution had the apparition of the Confederate officer, covered with blood and later identified as Julius Roscoe, and the condition of Baynell's wound, which the surgeon swore was a "facer," delivered by an expert boxer. Evidently this came from an altercation, in which both had forborne the use of weapons, thus suggesting some collision of interests, as between personal associates or former friends rather than a hand-to-hand conflict of armed enemies.