War of the Rebellion: Serial 116 Page 0044 PRISONERS OF WAR AND STATE, ETC.

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account of the places of deposit of the original and to testify as to the genuineness of signatures and seals. Under these circumstances and in view of the recent prohibition of intercourse we are compelled to address ourselves to your for the purpose of requisting that you will unite with us in a proper application to the proper department of the Government that the necessary facilities may be furnished to us for communicating with Richmond in order to obtain the required documents and the necessary safe conducts for the witnesses whose names will be furnished. A consent to the reading of the documents and admitting them to be copies of the originals adopted and deposited as above set forth might obviate the necessity of oral evidence to prove them.

We are, very respectfully, your obedient servants,

DANIEL LORD,

Of Counsel for J. Harleston.

JER. LAROCQUE,

ALGERNON S. SULLIVAN,

For Captain T. H. Baker et al.

JAS T. BRADY,

Counsel for Captain Baker.

[Inclosure Numbers 2.]

NEW YORK, September 12, 1861.

E. DELAFIELD SMITH, Esq., U. S. District Attorney.

DEAR SIR: Permit me in behalf of my colleagues in the case of the United States v. The Officers and Crew of the Savannah and myself to request the favor of a reply to our letter to you of the 7th instant. The time of trial is rapidly approaching, and the measures which we had taken at the earliest practiprocure the documents necessary for the defense have been frustrated by the channels of communication having been since closed which were open at that time. Under these circumstances we take it for granted that you will regard it both as a duty a pleasure to unite with us in a proper application to the Government for the facilities necessary to procure the requisite testimony, and for the faithful discharge of our duty as counsel.

Respectfully, your obedient servant,

JER. LAROCQUE.

[Inclosure Numbers 3.]

OFFICE DISTRICT ATTORNEY OF THE UNITED STATES,

New York, September 20, 1861.

Messrs. DANIEL LORD, JER. LAROCQUE, ALGERNON S. SULLIVAN and JAMES T. BRADY.

GENTLEMEN: I have considered your letter of the 7th instant and the supplement letter of Mr. Larocque of the 12th instant in relation to the case of the officers and crew of the Savannah. An extraordinary pressure of public business has delayed an answer. So far as relates to the manner of authenticating certain documentary proof desired by you and the admissibility or effect of any testimony which you may desire to offer in this case I am satisfied that professional and official duty requires me to leave any questions that may arise to judicial decision. If you require for the sufficient presentation of your client's defense aid from the Government other than is by law afforded