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 YorkWarburton, A. F. (Adolphus Frederick)
History
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, A. F. (Adolphus Frederick)
Piracy -- United States; Privateering -- United States; United States -- History -- Civil War, 1861-1865
_Mr. Brady_ also put in evidence the _Charleston Daily Courier_, of
11th June, 1861, containing a Judicial Advertisement,--a monition on
the filing of a libel in the Admiralty Court of the Confederate States
of America, for the South Carolina District, and an advertisement of
the sale of the Joseph, she having been captured on the high seas by
the armed schooner Savannah, under the command of T. Harrison
Baker,--attested in the name of Judge Magrath, 6th June, 1861.
And containing, also, a judicial Act, relating to the administration of
an estate in due course of law.
_Mr. Brady_ stated that the reference was to show that they had a
judicial system established under their own Government.
_Lieutenant D. D. Tompkins_ recalled for the defence, and examined by
_Mr. Sullivan_.
_Q._ State your knowledge as to the sending of any flags of truce while
your vessel, the Harriet Lane, was lying at Fortress Monroe?
(Same objection; received provisionally.)
_A._ I have seen flags of truce come down from the direction of
Norfolk.
_Q._ Did your vessel have any communication with the officer bearing
the flag of truce?
_A._ No, sir.
_Q._ Did they come with the Confederate flag flying on the same vessel
with the flag of truce?
_A._ Yes. One vessel came down with the Confederate flag flying, and a
flag of truce, also.
_Q._ Where was it received, and by what officer?
_A._ I am not positive whether it was received by the Cumberland or the
Minnesota. They communicated with either of those vessels.
_Q._ Were any vessels or boats, with flags of truce, ever sent from
Fort Monroe toward the Confederate forces?
_A._ I have seen vessels go up the Roads with a flag of truce.
_Q._ And the United States flag on the same vessels?
_A._ Yes.
_Q._ You saw Captain Baker and the other prisoners--were they
uniformed?
_A._ No, sir; I do not think they had any regular uniform. Captain
Baker had a uniform, with metal buttons on his coat. I did not notice
what was on the buttons.
_Q._ He had on such a dress as he wears to-day?
_A._ Something similar to that. He was the only one who had a uniform.
_Q._ Do you know anything as to the exchange of prisoners between the
forces of the United States and of the Confederate States on any
station where you have been?
_A._ No, sir.
The defence here closed.
The District Attorney stated that the prosecution had no rebutting
evidence to offer.
_Judge Nelson_: Before counsel commence summing up the case to the
Jury, they will please present the propositions of law on both sides.
_Mr. Lord_: I was going to ask my friends on the other side to give us
their authorities, so that we shall know what we are to go to the Jury
upon. We would then be able to lay our views before the Court and to
divide the labor of summing up--some of us addressing ourselves
entirely to the Court.
Public-domain text, read in full here on John Shaqi.
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