Question. What was the positionof the vessel upon the 6th of July at sea? What was her latitude and longitude?
Answer. On the 6th day of July at 12 o'clock her latitude was 38 degrees 52 minutes north and her longtitude 69 degrees 15 minutes west.
Question. How far from shore was she?
Judge CADWALADER (to Mr ASHTON). You can fix that by the chart if it becomes important.
Mr. ASHTON (to the witness). Do you know the chart of the Enchantress?
Answer. Yes, sir; I have seen it.
Question. To whom did the chart of the Enchantress belong?
Answer. I do not know.
Question. Is that the chart of the Enchantress? [Exhibiting it.]
Answer. Yes, sir.
Question. Now look at that chart and tell us how far this vessel was from the coast on the 6th of July at 12 o'clock.
Jidge CADWALADER. There is no difficulty in supposing that the vessel was on the high seas. That is evident from what he has already sworn to.
Judge GRIER. We take it for granted that she had not run on shore.
The WITNESS (having measures the distance on the chart by the compass). She was about 250 miles from the shore.
Mr. ASHTON. On the high seas?
Naswer. Yes, sir.
Question. what were the incidents of that day, the 6th of July, on board the schooner Enchantress? Be good enough if you please to give deliberately and fully to the court and jury the occurences on board the schooner on that day.
Answer. On that day things went on as usual on board up to about 2 o'clock in the afternoon, when we descried a sail to windward. We could just make out that she was a square-rigged vessel. We kept on our course. We gradually gained upon her, and we found that she was a square-rigged brig. She was standing so as to cross our bow. When within about a mile I should judge she hoisted the French flag. We hoisted the Stars and Stripes. We still kept on our way thinking she might be a French vessel that wanter to get news from the United States. When within about half a mile she altered her course and ran toward us. The vessel was hauled to the wind, her studding sails lowered and we were ordered to have to.
Question. As a mariner, Mr. Page, state what was the object of this manuever with the sails.
Answer. Hauling his vessel to the wind he had to lower his studding sails. To take them back would have retarted his progress.
Question. He ordered you to do what?
Answer. To heave to. Captain Devereux told him that he could not heave to in the position he was. He said: "I will cross your bow and run to windward and heave to. " We did so; went to windward of him and hove to. He immediately lowered a boat. The boat came alongside of us with an officer and some six men.
Question. How far was the Enchantress from this vessel at that time?
Answer. Perhaps some seven or eight times her length; I couls not state the exact distance. It was within hailing distance. I stood in the gangway of the Enchantress. The officer when he came over the gangway said to one of his own men: "Haul down the flag in the main rigging. "