Q. Do you know of any obstacle whatever to these men having been taken ashore at Old Point Comfort and carried to Hampton?
A. I went up twice to Washington, with Colonel Baker, when he abandoned Hampton; but I think at the time the prisoners were on board we had the occupation of Hampton by our troops. My impression is, we occupied it partly with our troops at that time. I went to Washington at another time, when the troops had abandoned Hampton, and Colonel Baker took his soldiers up in the same boat.
Q. A college has been described on shore, and the locality described. Was it not occupied as an hospital?
A. Yes, sir, at the time the Minnesota arrived. It is not in Hampton.
Q. When the Minnesota arrived with the prisoners was not that building in possession of our Government?
A. It was, sir, I believe. I was not in it.
By Mr. Evarts: Is not the hospital at Old Point?
A. Near Old Point.
By Mr. Brady: Designate on the chart where it is?
A. I have done so,—the square mark, on the shore, in the rear of the fort, on the Virginia shore.
By the Court: How much of a town is Hampton?
A. There is none of it left now. I suppose it was a town of 4,000 or 5,000 inhabitants.
Q. Was it not formerly a port of entry?
A. No, sir, I believe not; not that I know of. That was 4 or 5 miles off from the vessel.
By Mr. Brady: How far was Hampton from Fortress Monroe?
A. I should judge 3 miles.
Q. I ask again, before you left the Minnesota, after the arrival of the prisoners, had you any instructions from Washington in regard to these prisoners?
A. I cannot bring to my mind whether I had any or not. I had instructions, subsequent to my arrival, about all prisoners, and that was the reason why I came here. There was some question as to why I came with 700 prisoners; but I had instructions to bring all prisoners taken, and turn them over to Colonel Burke, of New York.
Q. After you arrived at Washington did you receive any instructions in regard to these prisoners?
A. I do not know that I did. I had some discussion in Washington.
Q. Did you communicate from Washington, in any way, to Fortress Monroe, or the Minnesota, in regard to the prisoners? A. No, sir.
Q. They went forward under the directions you gave before leaving to go to Washington?
A. They did, sir; I gave the instructions. I did not know whether the Harriet Lane would be ready. She was waiting until the vessel arrived to relieve her from the station.
Q. Was General Butler at Fortress Monroe at the time of the arrival of the prisoners?
A. He was, sir.
Q. Did you confer with him about it?
A. No, sir.
Q. Neither then nor at Washington?
A. No, sir.
Q. Was there any conversation between you and him in regard to that?
A. I do not think there was until after my return and the prisoners had gone to New York.
Re-direct.
Q. How large a space is occupied by the hospital to which you have referred?
A. I cannot give the number of feet, but I think about 150 feet square. I never was in it but once, when I passed in for a moment, and right out of the hall.
David C. Constable called by the prosecution and sworn.
Examined by Mr. Smith.
Q. You are a Lieutenant in the United States Navy?
A. Not now; I am First Lieutenant of the Harriet Lane. We were then serving under the Navy; I am now in a revenue cutter.
Q. Were you on board the Harriet Lane when she received the prisoners from the Minnesota?
A. I was, sir.
Q. Who did you receive your orders from on the subject?
A. Captain Van Brunt, of the Minnesota.
Q. Was that a verbal order?
A. No; a written one, sir.
Q. Was it an order to bring the prisoners to New York?
A. To proceed with the prisoners to New York, and deliver them to the civil authorities, I think.
Q. Where was the Harriet Lane, in respect to the Rip Raps and fort at Old Point Comfort, when the prisoners were taken on board from the Minnesota?
A. We were about half a mile, I should judge, from the Minnesota; a little nearer in shore.
Q. Where had the Harriet Lane come from?
A. From Newport News.
Q. Did she, or not, come from Newport News in pursuance of the object to go to New York?
A. Yes, sir; although at the time we had received no orders in regard to any prisoners. We were coming on for a change of armament and for repairs.
Q. The Harriet Lane had been fired into?
A. She had, sir.
Q. Where was she when fired into?
(Objected to. Offered to show the impossibility of landing. Ruled out as immaterial.)
Q. How was the transfer made from the Minnesota to the Harriet Lane?
A. By boats.
Q. Show on this map where the Harriet Lane was when the transfer was made of the prisoners from the Minnesota, and also where the Minnesota lay?
[Witness marked the place on map.]
Q. State the relative position of the vessels as you have marked it?
A. I should judge we were about a mile from Old Point, in about eleven fathoms of water, and probably about a mile from the Rip Raps. I do not remember exactly.
Q. The Harriet Lane was about half a mile further up?
A. Yes, a little west of the Minnesota, but farther in shore.
Q. What is your understanding in respect to where Hampton Roads commence, in reference to the position of these vessels?
A. I had always supposed it was inside of Old Point and the Rip Raps, after passing through them,—taking Old Point as the Northern extremity, and out to Sewall's Point.
Q. How in respect to where the Harriet Lane lay?
A. I consider she was off Old Point, and not, properly speaking, in Hampton Roads.
Q. The Minnesota was still further out?
A. Yes, sir, a very little.
Q. You brought the prisoners to New York in the Harriet Lane and delivered them to the United States Marshal at New York?
A. Yes, sir.
Q. You delivered them from your vessel to the United States Marshal?
A. Yes, sir; the United States Marshal came alongside our ship, while in the Navy Yard, in a tug, and they were delivered to him.
Q. Do you remember the day they arrived at New York?
A. On the 25th of June, in the afternoon.
Q. In what service was