The Court: I take it there is no necessity for this inquiry after the admission made.
Mr. Evarts: We propose to show the arrest and bringing of the vessel in, with her crew.
The Court: Of course.
Mr. Evarts: That cannot very well be done without showing the way in which it was done.
The Court: But it is not worth while to take up much time with it.
Mr. Brady: The witness has stated that this vessel was captured, and he has stated the place of her capture; and of course it is not only proper, but, in our view, absolutely necessary, that the prosecution should show that, being captured, she was taken into some place out of which arose jurisdiction to take cognizance of the alleged crime. But the cannonading is no part of that.
Q. By Mr. Smith: State the facts in regard to the capture of the Savannah by the Perry.
A. Well, the brig Perry ran down after dark and overtook us; came within hail.
Q. At what time?
A. Near 8 o'clock at night. Without any firing at all, she hailed the captain to heave to, and he said yes; she told him to send his boat on board. He said that he had no boat sufficient to go with. They then resolved to send a boat for us, and did so, and took us off. That was the result.
Q. The Perry sent her boat to the Savannah?
A. Yes, sir; we had no boat sufficient to take our crew aboard of her. We had a small boat, considerably warped, and it would not float.
Q. Where at sea was the capture made of the Savannah by the Perry?
A. It was in the Atlantic Ocean.
Q. About how far from Charleston?
A. Well, about 50 miles from Charleston light-house, in about 45 fathoms of water.
Q. How far from land?
A. I suppose the nearest land was Georgetown light, about 35 or 40 miles; I should judge that from my experience and the course we were running.
Q. Were you all transferred to the Perry?
A. Yes, sir.
Q. When was that?
A. Monday night; it was later than 8 o'clock.
Q. Transferred by boats?
A. Yes, sir; the Perry's boats. She sent her boat, with arms and men, and took us on board. There we were all arrested and put in irons that night, except the captain and Mr. Harleston, I believe. I do not know whether they were, or not.
Q. Was Mr. Knickerbocker put on board the Perry, with the rest?
A. Yes, sir, and on board the Minnesota, with us.
Q. Who were put in charge of the Savannah? Were there any men of the Perry?
A. Yes, sir; I believe they sent a naval officer on board to take charge of her, and a crew; and I think they took Mr. Knickerbocker and Capt. Meyer, too, on board the Savannah.
Q. Did you hear the direction as to the port the Savannah should sail to after the prize crew were put on board?
A. To New York I understood it was ordered. I was told that she was ordered to New York.
(Objected to as incompetent.)
Q. In respect to the Perry, what course did she take after you were taken on board?
A. As informed by the captain, next day, she was bound to Florida, to Fernandina, to blockade.
Q. When did she fall in with the Minnesota?
A. About the third day after our capture, I think; lying 8 or 10 miles off Charleston.
Q. In the open ocean?
A. Yes, sir.
Q. You were all transferred to the Minnesota?
A. Yes, sir.
Q. What did the Minnesota do?
A. We were confined on board the Minnesota.
Q. When was it you went on board the Minnesota?
A. I think on Wednesday or Thursday; I forget which.
Q. You were captured on Monday night?
A. Yes, sir, the 3d of June, and I think it was on Wednesday or Thursday (I do not know which) we went on board the Minnesota.
Q. How long did you lie off Charleston?
A. Several days.
Q. At anchor?
A. The ship was under way sometimes, steering off and on the coast.
Q. How far from Charleston?
A. I think in 8 or 9 fathoms of water, 8 or 10 miles from the land.
Q. Where did the Minnesota proceed from there?
A. To Hampton Roads.
Q. Were all the persons you have identified here on board the Minnesota?
A. Yes, sir.
Q. State the facts as to transfer from ship to ship?
A. We were transferred from the Savannah to the Perry; from the Perry to the Minnesota; from the Minnesota to the Harriet Lane.
Q. All of you?
A. Yes, sir; all.
Q. State, as near as you can, where, at Hampton Roads, the Minnesota came?
A. She came a little to the westward of the Rip Raps; I suppose Sewall's Point was bearing a little to the west of us, 3/4 or 1/2 a mile to the west of us; I should judge west by south. I am well acquainted there. We call it 24 miles from Old Point Comfort.
Q. What was the nearest port of entry to where you were anchored?
A. Norfolk, Va.
Q. How far from Fortress Monroe?
A. A mile, or 1-1/8 or 1-1/4—not a great distance.
Q. How long did you lie there before you were transferred to the Harriet Lane?
A. Several days. I did not keep any account. Some two or three days.
Q. And you were brought to this port in the Harriet Lane?
A. Yes, sir.
Q. And all the prisoners you identified to-day were brought here?
A. Yes, sir, to the Navy Yard, Brooklyn; there transferred to a ferry-boat and brought to the Marshal's office here.
Mr. Evarts: If the Court please, we deem it a regular and necessary part of our proof to show the manner of the seizure of this vessel by the U.S. ship Perry;