Trial of the Officers and Crew of the Privateer Savannah on the Charge of Piracy Part 26

_Q._ Where did your duties, as flag-officer of the squadron, require you to be with your s.h.i.+p, 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 anch.o.r.ed. 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 anch.o.r.ed up in Newport News, in a gale of wind.

_Q._ Where did the Minnesota anchor, in respect to Hampton Roads?

_A._ We anch.o.r.ed 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, distinguis.h.i.+ng 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 anch.o.r.ed between this and that, it is called off a particular place, as Coney Island, &c. So, there, after you pa.s.s 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 anch.o.r.ed?

_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 anch.o.r.ed there with s.h.i.+ps under my command, and the pilots have said, "Will you go up into the Roads?" and I said, "Yes;" and we never anch.o.r.ed 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 Was.h.i.+ngton?

_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 Was.h.i.+ngton?

_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._ I think not. Our troops had abandoned Hampton and moved in, I think. There was nothing there to land at Hampton. We may have had possession at that time.

_Q._ Do you know of any obstacle whatever to these men having been taken ash.o.r.e at Old Point Comfort and carried to Hampton?