Question. How large was she?
Answer. A ship I should judge of between 800 and 900 tons. They let all our crew go except two whom they kept on board the privateer.
Question. Were any other of the prisoners on board the brig released at the same time?
Answer. They were.
Question. Who were they?
Answer. Captain Fifield, of the brig John Welsh, Thomas Ackland, his mate, and a boy that belongs in Philadelphia who was with Captain Fifield; I do not know his name.
Question. When you went on board the brig did you find these persons there?
Answer. I did.
Question. AS prisoners or as mariners of the brig?
Answer. As prisoners taken that morning.
Question. During the three days you were on board the brig had you an opportunity of knowing something about her conduct?
Answer. I had.
Question. What did the captain say or anybody on board the vessel connected with her say was the object of her voyage?
Mr. WHARTON. What is that?
Mr. ASHTON. I want to know whether anything was said by the officers or persons in control of the vessel as to the object of her voyage.
Mr. WHARTON. After this man Smith was on board?
Mr ASHTON. Either before or afterwards.
Mr. WHARTON. We object to that.
Mr ASHTON. If your honors please we have shown the relations between this prisoner and the persons on board the vessel in the nature of a conspiracy and I take it that the words of one bind the other.
Judge GRIER. So far as they are part of the res gesta they would, but this is a mere matter of confessions afterwards.
Judge CADWALADER. This is outside of the rule.
Judge GRIER. They are found together and acting together, and so far the acts and conduct and words of each one are evidence as part of the res gesta and they are all bound by them, but I do not see that mere confessions afterwards could affect them.
Judge CADWALADER. This was after the connection was severed.
Judge GRIER. The connection moght not be severed but the position, the locus, was severed.
Mr. ASHTON. Would your honor's rulling apply to the acts of this vessel?
Judge CADWALADER. All you can want to proce is the character of the vessel and that you show by her conduct is a specific case. I rather think you have got out all you want in that respect.
Judge GRIER. When you prove that a man knocks you down it is pretty good proof that he is not a peaceable man. Here you have proven that this brig captured a vessel. You do not want anything else. The conduct of the brig has shown what she is better than any words anybody could use about it. If the oth a defense or justification of it that is another matter, but you cannot make it any worse or better by any words they said afterwards.
Mr. ASHTON (To the witness). Well, Mr. Page, while the two vessels were in the position that you referred to at the time you left the