Trial of the Officers and Crew of the Privateer Savannah on the Charge of Piracy Part 28

_Q._ Did she, or not, come from Newport News in pursuance of the object to go to New York?

_A._ Yes, sir; although at the time we had received no orders in regard to any prisoners. We were coming on for a change of armament and for repairs.

_Q._ The Harriet Lane had been fired into?

_A._ She had, sir.

_Q._ Where was she when fired into?

(Objected to. Offered to show the impossibility of landing. Ruled out as immaterial.)

_Q._ How was the transfer made from the Minnesota to the Harriet Lane?

_A._ By boats.

_Q._ Show on this map where the Harriet Lane was when the transfer was made of the prisoners from the Minnesota, and also where the Minnesota lay?

[Witness marked the place on map.]

_Q._ State the relative position of the vessels as you have marked it?

_A._ I should judge we were about a mile from Old Point, in about eleven fathoms of water, and probably about a mile from the Rip Raps. I do not remember exactly.

_Q._ The Harriet Lane was about half a mile further up?

_A._ Yes, a little west of the Minnesota, but farther in sh.o.r.e.

_Q._ What is your understanding in respect to where Hampton Roads commence, in reference to the position of these vessels?

_A._ I had always supposed it was inside of Old Point and the Rip Raps, after pa.s.sing through them,--taking Old Point as the Northern extremity, and out to Sewall's Point.

_Q._ How in respect to where the Harriet Lane lay?

_A._ I consider she was off Old Point, and not, properly speaking, in Hampton Roads.

_Q._ The Minnesota was still further out?

_A._ Yes, sir, a very little.

_Q._ You brought the prisoners to New York in the Harriet Lane and delivered them to the United States Marshal at New York?

_A._ Yes, sir.

_Q._ You delivered them from your vessel to the United States Marshal?

_A._ Yes, sir; the United States Marshal came alongside our ship, while in the Navy Yard, in a tug, and they were delivered to him.

_Q._ Do you remember the day they arrived at New York?

_A._ On the 25th of June, in the afternoon.

_Q._ In what service was the Harriet Lane?

_A._ In the naval service of the United States.

_Cross-examined by Mr. Brady._

_Q._ As has already been stated, there was no difficulty about landing the prisoners from the Minnesota at Fortress Monroe, or at the College Hospital, or at Hampton. Was there any difficulty in taking them to Newport News?

_A._ No, sir; I suppose they might have been taken to Newport News.

_Q._ Who was in possession of Newport News at that time?

_A._ The United States troops, sir. Our vessel had been stationed there for six weeks preceding.

_Re-direct._

_Q._ What occupation had the United States of Fortress Monroe, and of this hospital building, and of Newport News? Was it other than a military possession?

(Objected to by defendants' counsel.)

_The Court:_ It is not relevant.

_Mr. Evarts:_ We know there was no physical difficulty in landing them; we want to know whether there was any other.

_The Court:_ We need not go into any other. Practically, they could have been landed there. That is all about it. As to being a military fort, and under military authority, that is not of consequence.

_Mr. Evarts:_ As to military forts receiving prisoners at all times?

_The Court:_ We do not care about that. It is not important to go into that. We know it is a military fort, altogether under military officers. Civil justice is not administered there, I take it.

_Daniel T. Tompkins_ called by the Government; sworn.

Examined by Mr. Smith.

_Q._ You were Second Lieutenant on the Harriet Lane?

_A._ I was, sir.

_Q._ You were present at the transfer of these prisoners from the Minnesota to the Harriet Lane?

_A._ Yes, sir.

_Q._ You were with them to New York?