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
the next day the men committed another crime of a deeper character. I think it is not only irrelevant, but highly objectionable.
The Court: We are of opinion that this testimony is superfluous, and superseded by the admission of the counsel. I understand the admission of the counsel to be, that the vessel was fitted out and manned by common understanding on the part of all the persons on board, as a privateer; and that in pursuance of that design and intent, and the completion of it, the Joseph was captured. That is all the counsel can ask. That shows the intent—all that can be proved by this subsequent testimony; and unless there is some legitimate purpose for introducing this testimony, which might, of itself, go to show another crime, we are bound to exclude it.
Mr. Evarts: We consider the decision of your honor rests upon that view of the admission, and we shall proceed upon that as being the admission.
The Court: Certainly; if anything should occur hereafter that makes it necessary, or makes it a serious point, the Court will look into it.
Examination resumed by District Attorney Smith.
Q. You stated, I believe, that it was after 8 o'clock in the evening when the boat of the Perry came to the Savannah?
A. Yes, sir.
Q. Who was in that boat?
A. There was a gentleman from the Perry; I do not know that I ever saw him before; an officer and boat's crew,—I suppose 15 or 20 men.
Q. One of the United States officers?
A. Yes, sir; some officer from the brig Perry boarded us, and demanded us to go on board the Perry.
Q. Where were the crew of the Savannah at the time the boat came from the Perry?
A. All on deck, sir.
Q. At the time the Savannah was running down the Joseph, what time was it?
A. We got up to the Joseph somewhere late in the forenoon, as near as my memory serves me.
Q. I want to know whether all the officers and crew of the Savannah were on duty, or not, at the time you were running down?
A. Yes, sir; there were some walking the deck, and some lying down, right out of port; the men, after taking a drink, did not feel much like moving about; they were all on deck.
Q. Was there any refusal to perform duty on the part of any one?
A. No, sir; all did just as they were told.
Q. How was the Savannah armed, if armed at all?
A. I never saw all her arms, sir.
Q. What was there on deck?
A. A big gun on deck.
Q. What sort of a gun?
A. They said an eighteen-pounder; I am no judge; I never saw one loaded before.
Q. A pivot gun?
A. No, sir, not much of a pivot. They had to take two or three handspikes to round it about.
Q. It was mounted on a carriage, the same as other guns?
A. Yes, sir.
Q. With wheels?
A. I believe so; I took no notice of the gun.
Q. Reflect, and tell us how the gun was mounted?
A. It was mounted so that it could be altered in its position by the aid of handspikes; it could be swung by the use of handspikes.
Q. The gun could be swung on the carriage without moving the carriage?
A. I do not know that part of it; I know the men complained that moving the gun was hard work.
Q. What other arms had you on board?
A. I saw other arms on board,—pistols, I believe, and cutlasses.
Q. How many pistols did you see?
A. I saw several; I do not know how many.
Q. About how many cutlasses?
A. I cannot say how many; I saw several, such as they were—cutlasses or knives, such as they were.
Q. Where were the cutlasses?
A. Those were in the lockers that I saw; I never saw them until Monday noon, when we ran down the Joseph; I saw them then.
Q. Where were they then?
A. I saw them in the lockers that lay in the cabin.
Q. When the Perry's boat came to you where were they?
A. Some out on the table, and some in the lockers.
Q. When you captured the Joseph where were they?
A. I think there were some out on the table, and about the cabin; the pistols, too; but there were none used.
Q. Were any of the men armed?
A. No, sir; I saw none of our men armed, except in their belt they might have a sheath knife.
Q. Where were all hands when you captured the Joseph, in the forenoon of Monday?
A. All on deck, sir; there might be one or two in the forecastle, but most on deck, some lying down, and some asleep.
Q. What size is the Savannah?
A. I think in the neighborhood of 50 to 60 tons.
Q. What is the usual crew for sailing such a vessel, for mercantile purposes?
A. I have been out in such a boat with four men and a boy, besides myself; that was all-sufficient.
Q. Where did you run to?
A. I ran to Havana, and to Key West, with the mails, and returned again in a pilot boat of that size, with four men and a boy, some years ago.
Q. Was the Savannah in use as a pilot boat before that expedition?
A. Yes; that is what she was used for.
Q. Do you know where the Savannah was owned?
A. I believe she was owned in Charleston.
Q. How long have you known her?
A. Two or three years, as a pilot boat.
Q. Do you know her owners?
A. I know one of them.
Q. What was his name?
A. Mr. Lawson.
Q. Is he a citizen of the United States?
A. Yes, I believe so.
Cross-examined by Mr. Larocque.
Q. In speaking of your meeting with the Joseph, you spoke of a conversation that took place between Captain Baker and Captain Meyer, after Captain Meyer came on board the Savannah. Do you not recollect that before that, when Captain Meyer was still on the deck of the Joseph, Captain Baker having called him to come on board the Savannah, and bring his papers, he asked Captain Baker by what authority he called on him to do that?
A. I think this conversation occurred on board the Savannah.
Q. The way you stated was this: that Captain Baker, on board the Savannah, stated to Captain Meyer that he must consider himself and crew prisoners, and his vessel a prize to the Confederate States?
A. Yes, sir.
Q. That was on board the Savannah?
A. It was.
Q. But do you not recollect that before that, when Captain Baker called on the Captain of the Joseph to come on board the Savannah, and bring his papers, Captain Meyer asked by what authority Captain Baker called on him to do that?
A. I do not bear