_A._ Yes; but I was ash.o.r.e when they were delivered here.

_Q._ You accompanied the prisoners on the voyage?

_A._ Yes, sir.

_Q._ Where did the Harriet Lane lie at Hampton Roads, in relation to the Fort and Rip Raps?

_A._ I should think we were about a mile from the Rip Raps, and probably three-fourths of a mile from the Fort.

_Q._ At the time of the transhipment?

_A._ Yes, sir.

_Q._ The transhipment was made in boats?

_A._ Yes, sir,--in a boat from the Minnesota. I believe all came in one boat.

_Q._ Where do Hampton Roads commence, as you understand, in respect to where the Harriet Lane was?

_A._ I think they commence astern of where we lay; a little to the westward, as we were lying off of Old Point.

_Q._ Look upon that map and indicate, by a pencil, where the vessels lay, without any reference to the marks already made there--in the first place the Minnesota and then the Harriet Lane--when the transhipment was made, taken in relation to the Fort and the Rip Raps?

Witness marks the positions, and adds: We were about half a mile from the Minnesota, I should say.

_J. Buchanan Henry_ called by the prosecution; sworn. Examined by Mr.

Smith.

_Q._ In June and July last you were United States Commissioner? _A._ From the 15th of June.

_Q._ [Producing warrant.] Is that your signature?

_A._ It is.

Counsel for prosecution reads warrant, issued by J. Buchanan Henry, in the name of the President, addressed to the Marshal, dated June 26, 1861.

(Objected to as irrelevant. Objection overruled.)

_Q._ This warrant was issued by you?

_A._ It was, sir.

_Q._ On an affidavit filed with you?

_A._ Yes, sir.

_Cross-examined._

_Q._ Against all these prisoners?

_A._ Yes, sir.

Defendants take exception to the admission of the testimony.

The U.S. District Attorney was about to call the Marshal, to prove that he arrested the prisoners.

Defendants' counsel admitted the prisoners were arrested, under this warrant, by the Marshal, in this district.

_Mr. Brady:_ Perhaps you can state, Mr. Smith, where they were when arrested under that warrant?

_Mr. Smith:_ They had been brought to the Marshal's office, I think.

_Mr. Brady:_ They were in the Marshal's office when arrested?

_Mr. Smith:_ They were brought to the Marshal's office before the writ was served.

_Ethan Allen_ called by the prosecution; sworn. Examined by Mr. Smith.

_Q._ You are a.s.sistant District Attorney?

_A._ I am, sir.

_Q._ And were in June last?

_A._ Yes, sir.

_Q._ Do you remember, at my request, calling upon the prisoners now in Court?

_A._ I do, sir.

_Q._ Did you call upon every one?

_A._ I called upon all the prisoners at the Tombs.

_Q._ Upon each one separately?

_A._ I called upon them in the different cells. They were confined two by two.

_Q._ Had you previously attended, as a.s.sistant District Attorney, upon the examination of these prisoners?

_A._ I had, upon one or two occasions.

_Q._ Were the prisoners all present on those occasions?

_A._ They were present once, I distinctly recollect.