Trial of the Officers and Crew of the Privateer Savannah on the Charge of Piracy Part 23

_A._ About 2 months and 20 days.

_Q._ How long were you kept in jail in Charleston?

_A._ Three days.

_Cross-examined by Mr. Larocque._

_Q._ You said that, while you were held as a prisoner at Georgetown, you saw something in reference to the sale of the Joseph in the papers?

_A._ Yes.

_Q._ What was the purport of it?

_A._ She was advertised for sale.

_Q._ Under legal process?

_A._ I do not know about that. I was also told of it by one of the prize crew that took us in.

_Q._ You saw in the newspapers an advertis.e.m.e.nt of the sale?

_A._ Yes.

_Q._ Was that of a sale by order of a Court?

_A._ It was a sale by order of the Sheriff or Marshal.

_Q._ As a prize?

Objected to by District Attorney Smith, for two reasons:

_First_--That it was a mere newspaper account; and,

_Secondly_--That the newspaper was not produced.

After argument, the Court decided that there was no foundation laid for this hearsay evidence.

_Q._ Did the advertis.e.m.e.nt state by whose authority the sale was to take place?

_A._ I do not recollect anything about that.

_Q._ Do you recollect the name of a judge as connected with it?

_A._ No, sir. There was no judge connected with the sale.

_Q._ Do you recollect the name of Judge Magrath in connection with it?

_A._ No, sir; I recollect his name in connection with some prize cases, but not in connection with the sale of the Joseph.

_Q._ Since your arrival at New York, you have been examined partially by the District Attorney, and have made a statement to him?

_A._ Yes.

_Q._ Did you not state on that examination that while you were in confinement the vessel was confiscated by Judge Magrath, and sold at Georgetown?

_A._ No, sir; I do not think I did.

_Q._ You were released at Charleston, after a confinement of three days?

_A._ Yes.

_Q._ How did you get out?

_A._ The Marshal let us out.

_Q._ While you were in confinement at Georgetown or Charleston was your examination taken in any proceeding against the bark Joseph, or in relation to her?

_A._ Yes, sir. In Georgetown.

_Q._ By whom was that examination taken?

_Mr. Evarts_ suggested that there was a certain method of proving a judicial inquiry.

_Judge Nelson_: They may prove the fact of the examination.

_Q._ Before whom were you examined?

_A._ Before a man who came from Charleston.

_Q._ Did he take your examination in writing?

_A._ Yes, sir.

_Q._ Did you learn what his name was?

_A._ I think his name was Gilchrist.

_Q._ Were you sworn, as a witness?

_A._ Yes.

_Q._ What proceeding was that, as you were given to understand, and what was the object of the examination?

_A._ The object of it was to find out what vessel she was, what was her nationality, and who owned the cargo belonging to her.

_Q._ And you gave your testimony on these subjects.