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He
had
been
out
all
the
early
part
of
the
night
,
but
without
his
horse
--
which
he
kept
in
the
tavern
stable
.
He
had
started
off
immediately
after
returning
.
He
stayed
only
long
enough
to
settle
his
account
.
He
appeared
excited
,
and
in
a
hurry
.
It
was
not
with
drink
.
He
filled
his
flask
with
Kirschenwasser
;
but
did
not
drink
of
it
before
leaving
the
hotel
.
Witness
could
swear
to
his
being
sober
.
He
knew
that
he
was
excited
by
his
manner
.
While
he
was
saddling
his
horse
--
which
he
did
for
himself
--
he
was
all
the
time
talking
,
as
if
angry
.
Witness
did
n't
think
it
was
at
the
animal
.
He
believed
he
had
been
crossed
by
somebody
,
and
was
angry
at
something
that
had
happened
to
him
,
before
coming
back
to
the
hotel
.
Had
no
idea
where
Gerald
had
been
to
;
but
heard
afterwards
that
he
had
been
seen
going
out
of
the
village
,
and
down
the
river
,
in
the
direction
of
Mr
Poindexter
's
plantation
.
He
had
been
seen
going
that
way
often
for
the
last
three
or
four
days
of
his
sojourn
at
the
hotel
--
both
by
day
and
night
--
on
foot
as
well
as
horseback
--
several
times
both
ways
.
Such
are
the
main
points
of
Oberdoffer
's
evidence
relating
to
the
movements
of
the
prisoner
.
He
is
questioned
about
Henry
Poindexter
.
Knew
the
young
gentleman
but
slightly
,
as
he
came
very
seldom
to
the
hotel
.
He
was
there
on
the
night
when
last
seen
.
Witness
was
surprised
to
see
him
there
--
partly
because
he
was
not
in
the
habit
of
coming
,
and
partly
on
account
of
the
lateness
of
the
hour
.
Young
Poindexter
did
not
enter
the
house
.
Only
looked
inside
the
saloon
;
and
called
witness
to
the
door
.
He
asked
after
Mr
Gerald
.
He
too
appeared
sober
,
but
excited
;
and
,
upon
being
told
that
the
mustanger
was
gone
away
,
became
very
much
more
excited
.
Said
he
wished
very
much
to
see
Gerald
that
very
night
;
and
asked
which
way
he
had
gone
.
Witness
directed
him
along
the
Rio
Grande
trace
--
thinking
the
mustanger
had
taken
it
.
Said
he
knew
the
road
,
and
went
off
,
as
if
intending
to
overtake
the
mustanger
.
A
few
desultory
questions
,
and
Oberdoffer
's
evidence
is
exhausted
.
On
the
whole
it
is
unfavourable
to
the
accused
;
especially
the
circumstance
of
Gerald
's
having
changed
his
intention
as
to
his
time
of
starting
.
His
manner
,
described
as
excited
and
angry
,
--
perhaps
somewhat
exaggerated
by
the
man
who
naïvely
confesses
to
a
grudge
against
him
.
That
is
especially
unfavourable
.
A
murmur
through
the
court
tells
that
it
has
made
this
impression
.
But
why
should
Henry
Poindexter
have
been
excited
too
?
Why
should
he
have
been
following
after
Gerald
in
such
hot
haste
,
and
at
such
an
unusual
hour
--
unusual
for
the
young
planter
,
both
as
regarded
his
haunts
and
habits
?
Had
the
order
been
reversed
,
and
Gerald
inquiring
about
and
going
after
him
,
the
case
would
have
been
clearer
.
But
even
then
there
would
have
been
an
absence
of
motive
.
Who
can
show
this
,
to
satisfy
the
jury
?
