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
mind. I cannot vouch for that. I do not exactly recollect those words, I think the proposition was only made when he was on board the Savannah, but probably it might have been made before.
Q. Did Captain Meyer bring his papers with him?
A. I do not know. I did not see them.
Q. You spoke of having met another vessel after that, and before you fell in with the Perry—I mean the Berkshire—you spoke of her as a British vessel?
A. Yes. We did not speak her.
Q. How did you ascertain the fact that she was a British vessel?
A. We could tell a British vessel by the cut of her sails.
Q. Was the Berkshire, so far as you observed, an armed or an unarmed vessel?
A. I think she was an unarmed vessel. I considered she had been at some of the Southern ports, and had been ordered off.
Q. She was a merchant vessel?
A. Yes.
Q. Which you, from your seamanlike knowledge, thought to be a British vessel?
A. Yes; and I think that the words, "Berkshire, of Liverpool," were on her stern.
Q. Did you read the name on the stern?
A. I think I did.
Q. You had fallen in with the Joseph, one unarmed vessel, and had made her a prize, and her crew prisoners?
A. Yes.
Q. You fell in with the Berkshire, another unarmed vessel, and passed under her stern and did not interfere with her. What was the reason of that difference?
A. We had no right to interfere with her.
Q. Why not?
A. She was not an enemy of the Confederate Government. The policy we were going on, as I understood it, was to take Northern vessels.
Q. Then you were not to seize all the vessels you met with?
A. No; we were not to trouble any others but those that were enemies to the Confederate Government. That was the orders from headquarters. The Captain showed no disposition to trouble any other vessels.
Q. When you were taken on board the Perry were you put in irons?
A. Yes.
Q. Where were those irons put on. Was it on board the Savannah, or after you were put on board the Perry?
A. When we got on board the Perry.
Q. How soon after you went on board the Perry were those irons put on?
A. As soon as our baggage was searched. We were put in the between-decks on board the Perry and irons put on us immediately after we were searched.
Q. Were you in irons when you were transferred from the Perry to the Minnesota?
A. No, sir.
Q. When were the irons taken off?
A. On board the Perry, when we were going into the boat to go on board the Minnesota.
Q. When you were on board the Minnesota were your irons put on again?
A. They were, at night.
Q. Was that the practice—taking them off in the day, and putting them on at night?
A. Yes; we were not ironed at all on that day on board the Minnesota.
Q. When you arrived in Hampton Roads,—you have described the place where the Minnesota lay, about half a mile from the Rip Raps?
A. Yes. (A chart was here handed to witness, and he marked on it the position of the Minnesota off Fortress Monroe.)
Q. As I understand it, you have marked the position of the anchorage of the Minnesota a little further up into the land than on a direct line between the Rip Raps and Fortress Monroe? A. Yes, sir.
Q. You were then taken on board the Harriet Lane, from the Minnesota?
A. Yes.
Q. Where did the Harriet Lane lie when you were taken on board of her?
A. She was further up into the Roads, about half a mile from the Minnesota, westward. (Witness marked the position of the Harriet Lane on the chart.)
Q. You are familiar with these Roads?
A. Yes, sir; for years.
Q. You know the town of Hampton?
A. Yes.
Q. And the college there?
A. Yes.
Q. How, with reference to the college at Hampton, did the Harriet Lane lie?
A. The college at Hampton appeared N.N.W., and at a distance of a mile and a quarter, or a mile and a half.
Q. How were you taken from the Minnesota on board the Harriet Lane?
A. The ship's crew took us in a boat.
Q. In one trip, or more trips?
A. We all went in one of the ship's boats.
Q. On what day was that?
A. I do not bear in mind exactly.
Q. Was the Harriet Lane ready to sail when you were taken on board of her?
A. Yes; she sailed in a few hours afterwards.
Q. She had already had steam up?
A. Yes; they were waiting for the commander, who was on shore.
Q. How long were you lying on board the Minnesota after your arrival there?
A. I think we were transferred from the Minnesota on Saturday, the 20th of June.
Q. How long had you been lying on board the Minnesota, in Hampton Roads?
A. Two or three days; I do not recollect exactly.
Q. You have been a seafaring man a good many years?
A. I have been about 34 years at it.
Q. In the capacity of master and mate?
A. Yes, sir.
Q. As pilot, also?
A. I have run pilot on all the coasts of America.
Q. How often had you been in Hampton Roads?
A. Many a time. I sailed a vessel in and out in the West India trade.
Q. How familiar are you with the localities about there?
A. I am so familiar that I could go in, either night or day, or into Norfolk.
Q. Do you know the ranges, bearings, distances, depth of water, and all about it?
A. Yes; and could always find my way along there.
Q. (By a Juror.) I understood you to say that the Savannah carried both the American flag and the Confederate flag?
A. Yes.
Q. And that the American flag was flying when you were bearing on the Joseph?
A. Yes.
Q. What was the object of sailing under that flag?
A. I presume our object was to let her know that we were coming; and, no doubt, the vessel heaved to for us. Suddenly enough we raised the Confederate flag.
Q. Then it was deception?
A. Of course; that was our business—that was as near as I understood it.
William Habeson called, and sworn. Examined by District Attorney Smith.
Q.