Question. Neither visit has any reference at all to the testimony you expected to give in this case?
Answer. None whatever.
Question. Why did you go to see Smith?
Answer. I had no particula reason but I thought I wouldlike to see them.
Question. Did you got to see all of them?
Answer. I saw the whole of them.
Question. Do you think you would be able to recognize Lieutenant Postell?
Answer. Yes, sir; I could recognize him if I met him in the dark almost.
By a JUROR:
Question. In what relation did the defendant stand to the rest of the part that boarded the Enchantress as a prize crew? Was he an associate or the commander?
Answer. he was the prize master.
Re-examined by Mr. KELLEY:
Question. Had the marines of whom you spoke any distnctive uniform?
Answer. They had not.
Question. How did you know they were marines?
Answer. I was told so on board the vessel.
Question. Was there anything like uniformity of dress on board the vessel.
Answer. There was not, tomy knowledge.
By Mr. WHARTON:
Question. You state that Smith was theprize master. Do you know whether any instructions were given to him; what was he told to do with his prize?
Answer. I do not know. If there were any instructions given to him I suppose it was on board the brig before he left it. I did not hear them.
Question. You said he was the prize master. How did you know that?
Answer. The lieutenant pointed him out to me and told me his name was Smith and that he was the prize master; and immediately when he came on deck he took charge of the vessel andordered the crew to make sail.
Question. Did you hear all what Smith was told to do with the vessel?
Answer. I did not.
Question. You only know that he was the prize master, indicated by the lieutenant as such?
Answer. Yes, sir.
JACOB GARRICK called and sworn and examined by Mr. ASHTON:
Question. How old are you?
Answer. About twenty-five.
Question. Where were you born?
Answer. In santa Cruz, Danish West Indies.
Question. What is your business?
Answer. I generally follow the sea as cookand steward.