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
of any port. We could land them there, but not for trial, certainly. The Harriet Lane had been fired into but a short time previous; and that was one cause of sending her to New York.
Q. Fired into from the Virginia shore?
A. Yes, sir; from Field Point; I should judge, about 8 miles from Norfolk port, on the southern shore, nearly opposite Newport News. I was not there, but it was reported to me. She was fired into, and she was ordered to New York to change her armament.
Q. Was that fort in the way, proceeding to Norfolk?
A. Not on the direct way to Hampton Roads, but a little point on the left.
Q. Would a vessel, going the usual way to Norfolk, be in range of the guns that were fired at the Harriet Lane?
A. Not of these; but she would be in the range of four or five forts that it would be necessary to pass in order to land the prisoners at Norfolk.
Q. What was the nearest port to where the Minnesota went with the prisoners?
A. The nearest port of entry was Norfolk. Hampton Roads was a little higher up. We were not anchored exactly at the Roads, but off Old Point, which is not considered Hampton Roads.
[Map produced.] I have marked the position of the Minnesota on this map, in blue ink. [Exhibits the position to the Court.]
Q. State the position of the Minnesota?
A. That is as near as I can put it—between the Rip Raps and Fortress Monroe—a little outside of the Rip Raps.
Q. In what jurisdiction is the Fort?
A. In the United States.
(Objected to, as matter of law.)
Q. At what distance were you from Fortress Monroe?
A. About three-quarters of a mile, and nearly the same from the Rip Raps.
Q. What distance from Norfolk?
A. I think 14 miles, as near as I can judge; 12 or 14.
Q. Had you any instructions from the Government, in respect to any prisoners that might be arrested on the high seas, as to the place they were to be taken to?
A. Not previous to my arriving at Hampton Roads. After that, I had. Those instructions were in writing.
Q. You had no particular or general instructions previous to that?
A. No, sir; it was discretionary with me, previous to that, where to send the prisoners I had.
Q. When vessels are sent from one place to another, state whether it is not frequently the case that they take shelter in roadsteads?
(Objected to. Excluded.)
Q. Where did your duties, as flag-officer of the squadron, require you to be with your ship, the Minnesota?
(Objected to. Excluded.)
Q. Where do Hampton Roads commence on this map, and where end?
A. In my experience, I have always considered it higher up than where we were anchored. This is anchoring off Fortress Monroe, when anchoring there. When they go a little higher up, they go to Hampton Roads; and, before the war, small vessels anchored up in Newport News, in a gale of wind.
Q. Where did the Minnesota anchor, in respect to Hampton Roads?
A. We anchored outside, sir. I can only say this from the pilot. When commanding the Ohio, he asked me whether I wished to anchor inside the Roads. Baltimore pilots have permission to go into Hampton Roads, and no farther. That is considered as neutral ground for all vessels.
By the Court:
Q. What is the width of the entrance to the Hampton Roads?
A. I should judge about 3-1/2 miles, or 3-1/4, from Old Point over to Sewall's Point. I have not measured it accurately. It is from 3 to 4 miles.
By Mr. Smith:
Q. Was the Minnesota brought inside or outside of a line drawn from Old Point to the Rip Raps?
A. A little outside of the line, sir.
By a Juror:
Q. Would a person be subject to any port-charges where the Minnesota lay?
A. No, sir.
Defendants' counsel objected to the question and answer.
The Court:
Q. What do you mean by port dues?
A. I mean they do not have to enter into the custom-house to pay port-charges. It is not a port of entry, that compels them to carry their papers. The only port-charges I know of are the pilot-charges, in and out.
(The Court ruled it out as immaterial.)
Cross-examined by Mr. Brady.
Q. I want, for the purpose of preventing any misapprehension, to ask if there is any line that you know of, which you could draw upon that map, distinguishing the place at which Hampton Roads begins?
A. Nothing only among sea-faring men;—just as the lower bay of New York, which is considered to be down below the Southwest Spit. When anchored between this and that, it is called off a particular place, as Coney Island, &c. So, there, after you pass up from Fortress Monroe, it is called Hampton Roads.
Q. Is there any specific point you can draw a line from on the map that distinctly indicates where Hampton Roads begin? A. I cannot, sir.
Q. Designate where the Harriet Lane was?
A. I cannot say, sir. She was at Newport News when I left, and came down the next day, I believe, and took the prisoners on board and proceeded to New York.
Q. The Minnesota was anchored?
A. Yes, sir, but not moored; with a single anchor.
Q. How much cable was out?
A. From 65 to 70 fathoms, I think. I generally order 65 fathoms; but the captain gave her 5 fathoms more.
Q. Would she swing far enough to affect the question whether she was in or outside of Hampton Roads, as you understood it?
A. No, sir.
Q. Had you often been there before?
A. I had, sir, often. I was there 51 years ago. I started there.
Q. Did you ever have occasion, for any practical purposes, to locate where Hampton Roads began?
A. Yes, sir; several times I have anchored there with ships under my command, and the pilots have said, "Will you go up into the Roads?" and I said, "Yes;" and we never anchored within two or three miles of where we lay with the Minnesota.
Q. But it was not your object to get at any particular line which separated Hampton Roads?
A. No; we considered it a better anchorage. The only importance was a better anchorage.
Q. You had no instructions of any kind in regard to the prisoners before you left for Washington?
A. I would say I had not, before I arrived at Hampton Roads, or at Old Point.
Q. Did you receive any between the time of your arrival and your departure for Washington?
A. I cannot say, but I think not.
Q. The only instructions you gave were that, when the Harriet Lane came up, the prisoners should be removed, and sent to New York?
A. I gave orders that they should be sent to New York and delivered to the Marshal.
Q. There would be no difficulty to transfer prisoners to Fortress Monroe?
A. No, sir, no difficulty.
Q. Could they not have been taken to Hampton?
A.