_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.