Trial of the Officers and Crew of the Privateer Savannah on the Charge of Piracy Part 26

_Q._ Where did your duties, as flag-officer of the squadron, require you to be with your ship, the Minnesota?

(Objected to. Excluded.)

_Q._ Where do Hampton Roads commence on this map, and where end?

_A._ In my experience, I have always considered it higher up than where we were anch.o.r.ed. This is anchoring off Fortress Monroe, when anchoring there. When they go a little higher up, they go to Hampton Roads; and, before the war, small vessels anch.o.r.ed up in Newport News, in a gale of wind.

_Q._ Where did the Minnesota anchor, in respect to Hampton Roads?

_A._ We anch.o.r.ed outside, sir. I can only say this from the pilot. When commanding the Ohio, he asked me whether I wished to anchor inside the Roads. Baltimore pilots have permission to go into Hampton Roads, and no farther. That is considered as neutral ground for all vessels.

_By the Court_:

_Q._ What is the width of the entrance to the Hampton Roads?

_A._ I should judge about 3-1/2 miles, or 3-1/4, from Old Point over to Sewall's Point. I have not measured it accurately. It is from 3 to 4 miles.

_By Mr. Smith_:

_Q._ Was the Minnesota brought inside or outside of a line drawn from Old Point to the Rip Raps?

_A._ A little outside of the line, sir.

_By a Juror_:

_Q._ Would a person be subject to any port-charges where the Minnesota lay?

_A._ No, sir.

Defendants' counsel objected to the question and answer.

_The Court_:

_Q._ What do you mean by port dues?

_A._ I mean they do not have to enter into the custom-house to pay port-charges. It is not a port of entry, that compels them to carry their papers. The only port-charges I know of are the pilot-charges, in and out.

(The Court ruled it out as immaterial.)

_Cross-examined by Mr. Brady._

_Q._ I want, for the purpose of preventing any misapprehension, to ask if there is any line that you know of, which you could draw upon that map, distinguishing the place at which Hampton Roads begins?

_A._ Nothing only among sea-faring men;--just as the lower bay of New York, which is considered to be down below the Southwest Spit. When anch.o.r.ed between this and that, it is called off a particular place, as Coney Island, &c. So, there, after you pa.s.s up from Fortress Monroe, it is called Hampton Roads.

_Q._ Is there any specific point you can draw a line from on the map that distinctly indicates where Hampton Roads begin? _A._ I cannot, sir.

_Q._ Designate where the Harriet Lane was?

_A._ I cannot say, sir. She was at Newport News when I left, and came down the next day, I believe, and took the prisoners on board and proceeded to New York.

_Q._ The Minnesota was anch.o.r.ed?

_A._ Yes, sir, but not moored; with a single anchor.

_Q._ How much cable was out?

_A._ From 65 to 70 fathoms, I think. I generally order 65 fathoms; but the captain gave her 5 fathoms more.

_Q._ Would she swing far enough to affect the question whether she was in or outside of Hampton Roads, as you understood it?

_A._ No, sir.

_Q._ Had you often been there before?

_A._ I had, sir, often. I was there 51 years ago. I started there.

_Q._ Did you ever have occasion, for any practical purposes, to locate where Hampton Roads began?

_A._ Yes, sir; several times I have anch.o.r.ed there with ships under my command, and the pilots have said, "Will you go up into the Roads?" and I said, "Yes;" and we never anch.o.r.ed within two or three miles of where we lay with the Minnesota.

_Q._ But it was not your object to get at any particular line which separated Hampton Roads?

_A._ No; we considered it a better anchorage. The only importance was a better anchorage.

_Q._ You had no instructions of any kind in regard to the prisoners before you left for Washington?

_A._ I would say I had not, before I arrived at Hampton Roads, or at Old Point.

_Q._ Did you receive any between the time of your arrival and your departure for Washington?

_A._ I cannot say, but I think not.

_Q._ The only instructions you gave were that, when the Harriet Lane came up, the prisoners should be removed, and sent to New York?

_A._ I gave orders that they should be sent to New York and delivered to the Marshal.

_Q._ There would be no difficulty to transfer prisoners to Fortress Monroe?

_A._ No, sir, no difficulty.

_Q._ Could they not have been taken to Hampton?

_A._ I think not. Our troops had abandoned Hampton and moved in, I think. There was nothing there to land at Hampton. We may have had possession at that time.

_Q._ Do you know of any obstacle whatever to these men having been taken ash.o.r.e at Old Point Comfort and carried to Hampton?