_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.