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
You have heard the statement of Captain Meyer as to the seizure of the vessel?
A. Yes.
Q. You were on board the Joseph after she parted company with the Savannah and sailed for South Carolina?
A. Yes, sir.
Q. Under whose direction did she sail?
A. By the direction of the prize-master.
Q. With a prize crew from the Savannah?
A. Yes.
Q. Do you recollect the name of the prize-master?
A. Evans.
Q. How many men did the crew consist of?
A. Six, with the prize-master.
Q. What did they do with the vessel?
A. Took her into Georgetown.
Q. What was done with you and the others of the crew?
A. We were taken to jail at Georgetown.
Q. What was done with the vessel?
A. I believe she was sold, from what I saw in the papers and what I was told.
Q. Where were you taken from Georgetown?
A. To Charleston.
Q. What was done with you there?
A. We were put in jail again.
Q. How long were you kept in jail in Georgetown?
A. About 2 months and 20 days.
Q. How long were you kept in jail in Charleston?
A. Three days.
Cross-examined by Mr. Larocque.
Q. You said that, while you were held as a prisoner at Georgetown, you saw something in reference to the sale of the Joseph in the papers?
A. Yes.
Q. What was the purport of it?
A. She was advertised for sale.
Q. Under legal process?
A. I do not know about that. I was also told of it by one of the prize crew that took us in.
Q. You saw in the newspapers an advertisement of the sale?
A. Yes.
Q. Was that of a sale by order of a Court?
A. It was a sale by order of the Sheriff or Marshal.
Q. As a prize?
Objected to by District Attorney Smith, for two reasons:
First—That it was a mere newspaper account; and,
Secondly—That the newspaper was not produced.
After argument, the Court decided that there was no foundation laid for this hearsay evidence.
Q. Did the advertisement state by whose authority the sale was to take place?
A. I do not recollect anything about that.
Q. Do you recollect the name of a judge as connected with it?
A. No, sir. There was no judge connected with the sale.
Q. Do you recollect the name of Judge Magrath in connection with it?
A. No, sir; I recollect his name in connection with some prize cases, but not in connection with the sale of the Joseph.
Q. Since your arrival at New York, you have been examined partially by the District Attorney, and have made a statement to him?
A. Yes.
Q. Did you not state on that examination that while you were in confinement the vessel was confiscated by Judge Magrath, and sold at Georgetown?
A. No, sir; I do not think I did.
Q. You were released at Charleston, after a confinement of three days?
A. Yes.
Q. How did you get out?
A. The Marshal let us out.
Q. While you were in confinement at Georgetown or Charleston was your examination taken in any proceeding against the bark Joseph, or in relation to her?
A. Yes, sir. In Georgetown.
Q. By whom was that examination taken?
Mr. Evarts suggested that there was a certain method of proving a judicial inquiry.
Judge Nelson: They may prove the fact of the examination.
Q. Before whom were you examined?
A. Before a man who came from Charleston.
Q. Did he take your examination in writing?
A. Yes, sir.
Q. Did you learn what his name was?
A. I think his name was Gilchrist.
Q. Were you sworn, as a witness?
A. Yes.
Q. What proceeding was that, as you were given to understand, and what was the object of the examination?
A. The object of it was to find out what vessel she was, what was her nationality, and who owned the cargo belonging to her.
Q. And you gave your testimony on these subjects.
A. Yes.
Q. Was it in written questions put to you?
A. I think so.
Q. And you signed your examination?
A. Yes.
Q. And what came of it afterwards?
A. I do not know.
Q. Was it taken away by Mr. Gilchrist?
A. I expect so.
Q. Was there any other of the crew besides yourself examined? A. Yes; all of them.
Q. On the same subject?
A. I expect so.
Q. Were you present during the examination of them all?
A. No; only at my own.
Q. What newspaper was it that you saw that advertisement in?
A. I think in the Charleston Courier.
Q. Do you recollect its date?
A. No, sir.
Q. What had become of the vessel when you went to Charleston?
A. She was lying in Georgetown.
Q. Do you know in whose possession, or under whose charge, she was?
A. I do not.
Q. Was she in Georgetown, in the hands of the Marshal, to your knowledge?
A. No, sir; not to my knowledge. I was in prison at the time.
Commodore Silas H. Stringham, examined by District Attorney Smith.
Q. You are in the United States Navy?
A. I am.
Q. The Minnesota was the flag ship of the Atlantic Blockading Squadron, off Charleston?
A. Yes, sir. I was the commanding officer.
Q. The Minnesota took the prisoners off the Perry?
A. Yes; on the 5th of June, in the afternoon.
Q. State precisely where the transfer from the Perry to the Minnesota was made?
A.