The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-10-25
TIE CASE 0rTNE PaIvlTEERsME.l.
afiol or Captain Baker and tho Rebel
Crew OF tho Savannah.
UNITED STATES CIRCUIT COURT.
Hon. Judges Nelson ard shipman presiding.

| N' S""e'o tNoAoou ai.u shipniuu pTesiulhg.
1 SECOND
Dor 24-Tae Uai'ed States w. Thomas Harrison Bake,
Cagarin ana Tsccrs Of the Crew Of tae Priuacer Sa,a,
nai.-Ihe court this morning was again crowded. ia
interest manifested in the result Of the trial Of ii
privateersnien being very great
Judge nelson announced that on the Question raise
yesterday, tho Court Ind come tho conclusion that IN
fact OF the Mnnoso. having been sent by tho command
ils Queer AZ that place, with the prisoners, to Hampton
ho"s, IS material and necessary in order to appreciate
luy the fact Itself The purpose is part OF the re
sets that charactelizts The fact
Commodore sfinghatn was recalled Q. BY tho unitoC
States District Attorney your object in taking
ne prisoners from the Perry to the Minnesoag A. Ii
order 70 scH them TO NortLen port for trial speedily
as possible, as we could not land them at the South
consequence - the Of the rebellion the Harie.
Lane being tho ist vessel that Lett there for New York.
them ia her; We had 10 supply other vessels til
ccal and exhausted ourselves gave directions tho
captain oil the Harriet Lane, gave the orders 70 the
commander OF tie Minnesota; Harriet Lane had sr
previously ed nio from the so thern Shore abo eight
ni''s from Norl' IN; ei &, the way
fox would not necessarily be with. range Southern
gnDs
Tho Commodore here pointed out TO the Court the
relative posnns Of tho Minnesota and harriet Lane when
anclsred at llampt Koaas
witness d1hs position Of the Minnesota was
between the Rip kps and Fortress Monroe about
IN teis of hilc from oath and atsut fourteen
miles from Norfolk: had instructions FROM the govern
ment alter arrived Mt Hampton Roads prcvia1s to that
u was discretionary with me as to where should send
q Where aid your duties flag officer OF tho fzadrcs
require you +, DO. Obcctea 30 AMI ruled Tho Min
nesota was anchored outside OF Hampton Roads
10 the Coust-TAo width OF the entrance ints' the
Roads is betweca tir, and lelr miles.
10 Nh Lar clelhe only port charges that know Of
In Hampton kDats are Inc pilot charges
Cross examined by MI Jas T. Braiy-Thcre Is line
that can POI o on The map Indicating where liamptsn
Roads coinmegce; had from atsy iive TO seventy
iathoms OF cable ol, she would nat swi enough
dcae whether slio inside Hampton koats IS;
there was no difficulty dng the prisonoIs AT Fortress
"i.o; the co4ogc hear Old Point was used as hospital
for our troop.
10 tho court-Thcro originally sAsa, four FIVE
thousand inhabitants in Hampton, there is nothing Of
II lett now, 1t Was all burned down.
10 Mr.. Bgaiy-i La positive Instructions from Wash
ngton IT, big al my prisoners to Fort Lafayette and
andea 100 pfsone there, ter The hlu gone
t. New York | had sonlo conversation whh General
Butler.
am First le tount oI tho revenue cutter Harriet Lane;
was b.ald ., her when She received prisoners
from the Minnesota, got my written orders fEpm Capt
Van ssuns to tax. tho prisoners TO New York; we
about hall milo from the MINNESOTA;
tho Harriet Lac came ff,m Newport News,
We were coming 10 new York for armament and repairs.
tn isSi.t Lane had been II, OIL n.o at The Nanscnond
RIVER, the PRS n,rs wee aseitod by boats from tie
Nin esesi u she Harriet Lane. The Lieutenant pointed
nap cation Of tho vessels at the time of
the trapah; from tho Minnesota To the Harriet
Iinc sso,o about u mi . IRON the shore n tte to
th westward o. tic Minnesota; always supposed that
Hampton koa 8 commenced insi,o of Old Point and
tinpon Roads; considered tho Harriet Lane was .N OF
Ua ,int, and NO w!ihin Hampton Roads delivered
The prlsons over to The tnit.d states Marshal who
came alDngsua OF the vessel III u tug; arrived in
New York on Nie ailc the 18th OF June; the sr
ret Lane was IA c vice OF The United States raycue
Cross-exanned by Mr. Brady-l presume tbs prisoners
could nave beh laAen 10 Acms and landed there.
Newport VIZ was occu. led by United States troops.
Tie to3rt s,h 1t wei known that Newport News
was military 'ort. and that civil Justice not admin
stol Ell there
l. makns, Second Lieutenant on the Harriet
Lano, gave sini.ag iestIn,ny.
j. Bic,anan lien examined by District Attorney--ls
United ,slaes Commissioning ih' warrat for tho OF
The prisoners issued 10y witness was Produced ami proved
1t is date! .une Is.
Nj. Brady objected tn the proof OF the warrant and
took IN exception 10 its admission.
IL VAS then admitted ny prisoners coun. c that the
SEQ were taken into custody by the MAJ sha of this dis
t.iet.
Ethan Allen, Assistant United States Attorney, ex-
amitd by Dir. Sm L. Geicsod that he called pri-
oors at tho lebs, atteded before tic Gu missioner,
but there was no examiiatiyn asked the rrsone at
your Ai sniths) seqacst, saine questions, wic put
down ~ tho time; thc questions to whether they
citizens.
The of tho prisoners with respect to birth and
natur alizatitD, were as follows
Henry eastman Howard, Beaufort, N. c.
{. s. Passaiagna, Charleston, ). C.
7. Harrison BaKe,, ih'aacii hia, ia.
John H4..csLon ..nde.sen county, $. G.
josef Cruz Lei aio Manila hna never naturalizod
latif,k DaIy, belfast, re.an;,
VIM c. Cha X, Hrnburg, Germany,
Henry Oman, Ctnt.p,
Martin Gal, in, l. eand, +"
Richard alltr, E.nburg
John Murphy, ireland,
Alex. I, Coi na.ualized in Charleston in
1864 or 65
The prosecution said they had no othor question
The dei,nce said they ha- NJ qncst ms to ask.
Tho stiici Attorney, Mr.. f. iclifoid SAITH said he
wished 10 state thai Mr. len, tho Assistant Utei sta
Attorney did no. obtain this iormai,sh nth the into
10 il witness, bat for tn purpose Of framing the
Indictment but that vt doomed necessary call
him, without regard 10 the feelings .. the Witness
Mr. Elaa Aili, tha v nessl did not know until yes
te Mai VS. 10 be called in this case lind known
wa. pa H-,,n "a limos
have refused to ootiin this Information ircm the priso
nefS.
1t was not dce mined to Gail him witGess
Mr. b.ady said they would contend that tho admission
of nntnl alization could not b. put ia cvilcuce
i. Evars sud that tue prosecution would admit tn t,
and take the tact that there four citizens and the
| rest were i,rciglcrs.
Mr. Iarocqnc (,ssociated with Mess. J. r. Brady,
Lord, Barrow, Sullivan Mayer and luke, for tho pi-
soners) proceeded open he case for the dcience
May il p.olse the Court, ard you, gentlemen OF tho
lvWe have chod that stage N this interesting
trial wherc the duty has been assigned to nae by my
associates III THIS defence. Of Presenting TO yOu t ate
OF facts and tho ru9 OF inv which expect ask
from you acquIi,a Of these prisoners. co,l wish
that IL hal been assigned 10 abe rc-
sent it IT, you THAI. myself, for feel The gtt Of tbs
pressing upon rue, fom various Considerations
think that have proceeded far enorgh in this
| Tor you to have perceived that II is Of tho
mos, interesting u ias that over took place the
tnert OF Amefcs il not in the civilized word For the
first tim,, certainly, ia this country twelve pat
trial for their lives before twelve other pirates
andis has been VOL oSpessea 70 you by the learned
list. let Attorney who opened this braii If tho
enemies OF the human II you have
had te IN the exciting progress OF th;s trial, to reflect
Ia your mind 10 what tie M ort Of these words
was. IL must certainly, this, have occurred you
that in regard to tn prisoners Whatever may be the
loyal consequences of the acts charged upon them
aEsappication OF The tenn. LOOK for moment gentle
men, irst the position Of tI 81 IN country under
winch this trial takes piaoc. Al these prisoners
before you from lar distant section OF The country.
| Some Of them not born hete-some OF them
| were. II the time when these occurred
all the prisoners lived there, and identified
with that country, with its welfare, with Its govern
| ment whatever it was Thy had there their homes
their families every thing which attaches the
spot ia which he lives Those u them who had not been
born ia America had sought II asylum. They had
come from distant regions Of the earthsome from the
Chinese sea and the remote Eas-becatse they had been
taught there that America tie ffeJst land tho
globe They had lived there for years. Suddenly they
had the country conyulsed from end the other
They had hostile armies array.d against elch other
tho conbants being tor the part divided by GOO
graphical lines TO he place where they born
TO the state In which ley lived. THIS very morning
brs thus arrayed in hostility against each other
less tim hundred thousand souls. These priAon-
ers have the misfortune as l say, Of being placed
| their trial far froin their homes. They have
| been In confinement and under arrest on
| this charge for four five months.
During that whole period they have had opportunity