_A._ No, sir; I suppose they might have been taken to Newport News.
_Q._ Who was in possession of Newport News at that time?
_A._ The United States troops, sir. Our vessel had been stationed there for six weeks preceding.
_Q._ What occupation had the United States of Fortress Monroe, and of this hospital building, and of Newport News? Was it other than a military possession?
_Mr. Evarts:_ We know there was no physical difficulty in landing them; we want to know whether there was any other.
_The Court:_ We need not go into any other. Practically, they could have been landed there. That is all about it. As to being a military fort, and under military authority, that is not of consequence.
_Mr. Evarts:_ As to military forts receiving prisoners at all times?
_The Court:_ We do not care about that. It is not important to go into that. We know it is a military fort, altogether under military officers. Civil justice is not administered there, I take it.
_Daniel T. Tompkins_ called by the Government; sworn.
_Q._ You were Second Lieutenant on the Harriet Lane?
_Q._ You were present at the transfer of these prisoners from the Minnesota to the Harriet Lane?
_A._ Yes; but I was ashore when they were delivered here.
_Q._ You accompanied the prisoners on the voyage?
_Q._ Where did the Harriet Lane lie at Hampton Roads, in relation to the Fort and Rip Raps?
_A._ I should think we were about a mile from the Rip Raps, and probably three-fourths of a mile from the Fort.
_A._ Yes, sir,--in a boat from the Minnesota. I believe all came in one boat.
_Q._ Where do Hampton Roads commence, as you understand, in respect to where the Harriet Lane was?
_A._ I think they commence astern of where we lay; a little to the westward, as we were lying off of Old Point.
_Q._ Look upon that map and indicate, by a pencil, where the vessels lay, without any reference to the marks already made there--in the first place the Minnesota and then the Harriet Lane--when the transhipment was made, taken in relation to the Fort and the Rip Raps?
Witness marks the positions, and adds: We were about half a mile from the Minnesota, I should say.
_J. Buchanan Henry_ called by the prosecution; sworn. Examined by Mr. Smith.
_Q._ In June and July last you were United States Commissioner? _A._ From the 15th of June.