Mr. Brady stated to the Court that two of the prisoners—Richard Palmer and Alexander Coid—were exceedingly ill, suffering from pulmonary consumption, and requested that they might be permitted to leave the court-room when they wished. It was not necessary that they should be present during all the proceedings.
Mr. Smith: It would be proper that the prisoners make the application.
Mr. Brady: They will remain in Court as long as they can; and will, of course, be present when the Court charges the Jury.
The Court directed the Marshal to provide a room for the prisoners to retire to, when they desired.
Mr. Sullivan: Before adjourning yesterday it was stated that the different ordinances of the seceded States were all considered in evidence without being read.
Mr. Smith: Are any of them later in date than the commission to the Savannah?
Mr. Sullivan: No, sir. Some States have seceded since the date of the commission, and have been received into the Confederacy.
Mr. Evarts: We will assume, until the contrary appears, that there are no documents of date later than the supposed authorization of the privateer.
Mr. Larocque: With this qualification,—that there are a great many documents from our own Government which recognize a state of facts existing anterior to those documents.
Mr. Sullivan read in evidence from page 10 of Putnam's Rebellion Record: