At Smith's trial, (which was by a court martial, and commenced the day after Andre's examination, Paulding and YVilliams gave the following testimony. Paulding said, '• myself, Isaac van Wart and David Williams, were lying by the side of the road about half a mile above Tarrytown, and about fifteen miles above Kmgsbridge, on Saturday morning between nine and ten o'clock, on the 23d of September. We had lain there about one hour and a half, as near as I can recollect, and saw several persons we were acquainted with, whom we let pass. Presently one of the young men who were with me said, ' There comes a gentleman-like looking man who appears to be well dressed and has boots on, and whom you had better step out and stop, if you don't know him. (The party must have observed Andre rising the hill out of Sleepy Hollow ; when first observed, he was walking his horse.) On that, I got up and presented my firelock at the breast of the person and told him to stand, and then I asked him which way he was going? 'Gentlemen,' said he, 'I hope you belong to our party.' I asked him what parly. He said ' the lower party.' Upon that, I told him I did. Then he said '1 am a British officer out of the country on particular business, and I hope you will not detain me a minute;' and to show that he was a British officer he pulled out his watch, upon v/liich 1 told him to dismount. He then said, ' My God ! I must do any thing to get along,' and seemed to make a kind of laugh of it; and pulled out Gjueral Arnold's pass, which was to John Anderson to pass all the guards to Whiteplains and below ; upon that he dismounted.