Swindler went on to describe the fear she felt and her despair about the possibility of rescue: "I live in an out-of-the-way place in the mountains about four miles from Sperrytown. These men were at my house about three hours. Oh, and they also took a silver watch."

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The next witness for the prosecution was a Lieutenant Hoffman of the 3d West Virginia Cavalry. Smith and a commissary sergeant had ridden out from the camp, looking for men absent without leave. When they rode into Swindler's yard, they saw Troest sitting on the porch, eating eggs. Hoffman noticed that the house was "torn up, bedding ripped, and honey poured on the furnishings." He noticed also that the two soldiers had full knapsacks, and he ordered that they be opened. "There were lots of items of no use to a soldier," he said, "even a picture of the widow's son and daughter-in-law." The two officers looked for the owner of the property but found only a slave girl–Polly Walker–who then retrieved Swindler from a hiding place in the woods.

Walker was sworn in as a witness before the court. This was more unusual than it may seem, as many Union court-martial boards refused to accept the testimony of black people.

"Who do you belong to?" the court asked.

"I belong to the widow Swindler," Walker responded.

"Did you ever see this man [indicating Troest]?"

"Yes. I saw him the day he came to our house. There was another white man and a black man with him. The prisoner came to me first. He said he wanted something to do with me. He took hold of me and laid me down on the floor. I told him I did not want to do it. I told him I had a husband, but he said that made no difference. I cried and struggled. He said if I did not give up he would kill me."

"Where did this occur?"

"It was in my own room. I didn't try to hurt him, or pinch, or kick him, or pull his hair. There were two beds in the room. I don't know why he used the floor, I guess he liked it. I tried to get up twice, but he pushed me back. He pulled up my clothes. I begged him not to do it. When he was done, the black man came upstairs, and began before the white man left."

Here the testimony regarding Troest ended. The court then adjourned to give Troest the customary opportunity to prepare a written defense. The next day, Troest submitted the following statement, signed by both him and Sorg:

"The repeting of heavy Charges, Miss Swindler Named union People: against Lewist T. trost, Lewis Sorg: Jeremiah M. Spades. From Widrick's Battery. Juli the 16th 1862. L.P. Trost and L. Sorg went out in the country 8 Miles from camp without a pass for to get something to eat and because we did not get anything in the camp for diner as we have been 1 1/2 Miles away from camp we have met several men from our Batery and a darky wich turned around and went with us we went together on to Miss Swindells farm and ask for somthing to eat and she gave us something as we rised from the table we had seen 2 colors [flags] upon the Clock wich were taken down and were 2 litle S. flakes [secessionist flags]. Then L.P. Trost said now i have found one of them God dam Sech [secessionist]. Houses then he asked for Arms. Miss Swindler said she had nothing of that kind and then went to examine the house by wich L.P. Trost had a ham saber Overcoat blanket & Cherries. L. Sorg sugar coffee and eggs. Jerry M. Spades Preserves & Powderhorn & killed one duck. by examining we did not break one lock in the house we found some keys in a little drawer[.] the old Woman says she found them [probably the saber, overcoat, and powderhorn] on the Battle ground she says she has 2 Sons in the Rebel army and 1 in the Union army after this we had went into the darkeys house and looked for arms. Trost went upstairs and looked in a box then Miss Walker came upstairs and said there is nothing but our clothing you wont kill us will you Trost said no man would not do such a thing and after this Trost went down and Spades had wend upstairs as long as Trost was standing on the steps & spades asked the darkey for to use her she said I will let you have it but do not let that other fellow [illegible] in wich I had went away. As we were getting sacks and loaded in our things and in the same moment there was a Lieut. & Seargt. coming and made us lay our things down again. Signed Louis Paul Trost, P. Louis Sorg."

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