_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 sh.o.r.e, 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 sh.o.r.e, in the rear of the fort, on the Virginia sh.o.r.e.

_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 s.p.a.ce 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 pa.s.sed 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 sh.o.r.e.

_Q._ Where had the Harriet Lane come from?

_A._ From Newport News.