Mr. Evarts: We propose to show the arrest and bringing of the vessel in, with her crew.
The Court: Of course.
Mr. Evarts: That cannot very well be done without showing the way in which it was done.
The Court: But it is not worth while to take up much time with it.
Mr. Brady: The witness has stated that this vessel was captured, and he has stated the place of her capture; and of course it is not only proper, but, in our view, absolutely necessary, that the prosecution should show that, being captured, she was taken into some place out of which arose jurisdiction to take cognizance of the alleged crime. But the cannonading is no part of that.
Q. By Mr. Smith: State the facts in regard to the capture of the Savannah by the Perry.
A. Well, the brig Perry ran down after dark and overtook us; came within hail.
Q. At what time?
A. Near 8 o'clock at night. Without any firing at all, she hailed the captain to heave to, and he said yes; she told him to send his boat on board. He said that he had no boat sufficient to go with. They then resolved to send a boat for us, and did so, and took us off. That was the result.
Q. The Perry sent her boat to the Savannah?