Trial of the Officers and Crew of the Privateer Savannah, on the Charge of Piracy, in the United States Circuit Court for the Southern District of New York. Warburton Adolphus Frederick
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?
A. Yes; but I was ashore when they were delivered here.
Q. You accompanied the prisoners on the voyage?
A. Yes, sir.
Q. Where did the Harriet Lane lie at Hampton Roads, in relation to the Fort and Rip Raps?
A. I should think we were about a mile from the Rip Raps, and probably three-fourths of a mile from the Fort.
Q. At the time of the transhipment?
A. Yes, sir.
Q. The transhipment was made in boats?
A. Yes, sir,—in a boat from the Minnesota. I believe all came in one boat.
Q. Where do Hampton Roads commence, as you understand, in respect to where the Harriet Lane was?
A. I think they commence astern of where we lay; a little to the westward, as we were lying off of Old Point.
Q. Look upon that map and indicate, by a pencil, where the vessels lay, without any reference to the marks already made there—in the first place the Minnesota and then the Harriet Lane—when the transhipment was made, taken in relation to the Fort and the Rip Raps?
Witness marks the positions, and adds: We were about half a mile from the Minnesota, I should say.
J. Buchanan Henry called by the prosecution; sworn. Examined by Mr. Smith.
Q. In June and July last you were United States Commissioner? A. From the 15th of June.
Q. [Producing warrant.] Is that your signature?
A. It is.
Counsel for prosecution reads warrant, issued by J. Buchanan Henry, in the name of the President, addressed to the Marshal, dated June 26, 1861.
(Objected to as irrelevant. Objection overruled.)
Q. This warrant was issued by you?
A. It was, sir.
Q. On an affidavit filed with you?
A. Yes, sir.
Cross-examined.
Q. Against all these prisoners?
A. Yes, sir.
Defendants take exception to the admission of the testimony.
The U.S. District Attorney was about to call the Marshal, to prove that he arrested the prisoners.
Defendants' counsel admitted the prisoners were arrested, under this warrant, by the Marshal, in this district.
Mr. Brady: Perhaps you can state, Mr. Smith, where they were when arrested under that warrant?
Mr. Smith: They had been brought to the Marshal's office, I think.
Mr. Brady: They were in the Marshal's office when arrested?
Mr. Smith: They were brought to the Marshal's office before the writ was served.
Ethan Allen called by the prosecution; sworn. Examined by Mr. Smith.
Q. You are Assistant District Attorney?
A. I am, sir.
Q. And were in June last?
A. Yes, sir.
Q. Do you remember, at my request, calling upon the prisoners now in Court?
A. I do, sir.
Q. Did you call upon every one?
A. I called upon all the prisoners at the Tombs.
Q. Upon each one separately?
A. I called upon them in the different cells. They were confined two by two.
Q. Had you previously attended, as Assistant District Attorney, upon the examination of these prisoners?
A. I had, upon one or two occasions.
Q. Were the prisoners all present on those occasions?
A. They were present once, I distinctly recollect.
Q. Did you then talk with them?
A. No, sir; I addressed myself to the Commissioner in adjourning the case.
Q. Was there any examination proceeded with?
A. There was no examination.
Q. State what you said to the prisoners, the object of your calling, and what their reply was. I ask, first, did you make a memorandum at the time?
A. I did, sir.
Q. Was it made at the very time you asked the questions?
A. I took paper and pencil in hand, and asked the questions which you requested, and took a note of it.
Q. What was the object of your calling upon them?
A. To ask them where they were born; and, if born elsewhere, were they naturalized.
Q. Did you state for what purpose you made this inquiry?
A. I do not recollect that I made any statement to the prisoners for what purpose I wanted the information. I told them I wanted it. They seemed to recognize me as Assistant District Attorney; and as to those that did not recognize me, I told them I was Assistant District Attorney. The memorandum produced is the one I made at the time.
Q. Referring to that, give the statements that were made by each of the prisoners in reply to your questions?
A. Henry Cashman Howard said he was born in Beaufort, North Carolina.
Charles Sydney Passalaigue said he was born in Charleston, South Carolina.
Joseph