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TRIAL OF THE

OFFICERS AND CREW OF THE PRIVATEER SAVANNAH,

ON THE CHARGE OF PIRACY,

IN THE UNITED STATES CIRCUIT COURT FOR

THE SOUTHERN DISTRICT OF NEW YORK.


HON. JUDGES NELSON AND SHIPMAN, PRESIDING.


REPORTED BY A. F. WARBURTON, STENOGRAPHER,
AND CORRECTED BY THE COUNSEL.


NEW YORK:
BAKER & GODWIN, PRINTERS,
PRINTING-HOUSE SQUARE, OPPOSITE CITY HALL.
1862.




CONTENTS.


                                                             Page

PRELIMINARY PROCEEDINGS:
  Capture of the Savannah; the removal of the prisoners to
    New York, and their committal for trial,                    v
  The Indictment,                                              vi
  The Arraignment,                                           xiii

TRIAL OF THE PRISONERS. FIRST DAY:
  Organization of the Court,                                    1
  Impaneling of the Jury,                                       2
  Opening of Mr. E. Delafield Smith, United States
    District Attorney,                                         14
  Testimony for the Prosecution:
    Albert G. Ferris,                                          20
    William Habeson,                                           41
    George Thomas,                                             41
    George H. Cables,                                          41
    Thies N. Meyer,                                            42
    Horace W. Bridges,                                         46
    Silas H. Stringham,                                        48
  Argument on the Jurisdiction:
    Mr. Larocque,                                              49
    Mr. Brady,                                                 50
    Mr. Evarts,                                                50
    Mr. Larocque,                                              51

TRIAL. SECOND DAY:
  Decision on the Jurisdiction,                                54
  Testimony for the Prosecution, resumed:
    Silas H. Stringham,                                        55
    David C. Constable,                                        60
    Daniel D. Tompkins,                                        62
    J. Buchanan Henry,                                         63
    Ethan Allen,                                               64
  Mr. Larocque's Opening for the Defence,                      66
  Documentary Testimony,                                      108

TRIAL. THIRD DAY:
  Documentary Testimony,                                      110
  Testimony for the Defence:
    Daniel D. Tompkins,                                       112
  Presentation of Authorities by Counsel for the Prosecution, 113
  Arguments of Counsel on the Points of Law:
    Mr. Lord,                                                 117
    Mr. Larocque,                                             133

TRIAL. FOURTH DAY:
  Arguments of Counsel on the Points of Law:
    Mr. Larocque, continued,                                  144
    Mr. Mayer,                                                164
    Mr. Brady,                                                169
    Mr. Evarts,                                               170

TRIAL. FIFTH DAY:
  Summings up of Counsel to the Jury:
    Mr. Dukes,                                                204
    Mr. Sullivan,                                             218
    Mr. Davega,                                               231
    Mr. Brady,                                                236

TRIAL. SIXTH DAY:
  Summings up of Counsel to the Jury:
    Mr. Brady, continued,                                     270
    Mr. Evarts,                                               283

TRIAL. SEVENTH DAY:
  Summings up of Counsel to the Jury:
    Mr. Evarts, continued,                                    334
  Charge to the Jury, by Judge Nelson,                        368
  Return of the Jury and further instructions,                373

TRIAL. EIGHTH DAY:
  Discharge of the Jury,                                      375

APPENDIX:
  President's Proclamation, April 15, 1861,                   377
  Proclamation of the President, declaring a Blockade,        378
  Correspondence between Gov. Pickens and Major Anderson,     379
  Extracts from President Lincoln's Inaugural,                380
  The President's Speech to the Virginia Commissioners,       381
  Extracts from President Lincoln's Message to Congress,
    July 4, 1861,                                             382
  Extracts from President Buchanan's Message to Congress,
    December 4, 1860,                                         383
  Proclamation of August 16, 1861,                            384




PRELIMINARY PROCEEDINGS


During the month of May, 1861, the schooner Savannah, of Charleston, of
about fifty-three tons burden, and mounting one pivot gun, was fitted
out as a privateer, in the City of Charleston; and on the second of
June, under the authority of "a paper, purporting to be a letter of
marque, signed by Jefferson Davis," she sailed from that port for the
purpose of making captures among the commercial marine of the United
States.

On the following day (Monday, June 3), after having captured the brig
Joseph, laden with sugar, she was, in turn, herself taken by the United
States brig-of-war Perry, Captain Parrott, and carried to the
blockading squadron, off Charleston, to the commander of which
(Commodore Stringham) she was surrendered by her captors.

On the fifth of June the officers and crew of the Savannah were
transferred from the Perry to the United States steam-frigate
Minnesota, while the prize was taken in charge by a prize crew from the
Perry and sent to New York.

The Minnesota, with the prisoners on board, proceeded, on her way to
New York, to Hampton Roads, where the prisoners were transferred to the
steam-cutter Harriet Lane; and thence, on board that vessel, they were
conveyed to New York, at which port they arrived in the course of the
month of June.

On the arrival of the Harriet Lane at New York, the prisoners were
given in charge to the United States Marshal; and, on