Enchentress would it have been possible for the men on board the Enchantress to have resisted?

Answer. It would not.

Question. Why not?

Amswer. We were lying right under the guns of the Jeff. Davis. They were pointed at us and if there had been any resistance they would have blown the vessel out of water, I suppose, without doubt.

Question. You identify this defendant Smith as one of the men who came on board the vessel under the circumstances that you have described?

Answer. I do.

Question. Do you know the value of the cargo on board the schooner at the time of her capture?

Answer. I do not.

(Mr. Ashton offered the chart in evidence.)

Cross-examined by Mr. WHARTON:

Question. You have spoken of a French flag that was run up. Was that flag pulled down at any time before your capture?

Answer. The French flag was pulled down and the Confederate run up when the lieutenant was coming over the gangway at the time of actual boarding.

Question. At the time of actual boarding you saw the French flag hauled down and what you call the Confederate flag run up?

Answer. They said it was the Confederate flag; I never saw it before.

Question. I never saw it and perhaps the jury never did either. Will you be kind enough to describe the flag that was run up which you call the Confederate flag?

Answer. It has eleven stars, a red stripe and a white stripe - the Stars and Bars they call it. I shall not be sure about the stripes but it has eleven stars and I think the stripes are red and white; there are two stripes.

Question. Do those bars stripes run across or lengthwise?

Answer. I cannot say positively.

Question. Are the stars in the center or in the corner?

Answer. In one corner.

Question. Did you hear the order given to haul down one flag and run up the other?

Answer. I did not hear it frommy own vessel. I was not on board the brig.

Question. Then the brig lay at some distance?

Answer. She lay within hailing distance.

Judge CADWALADER. I suppose the communications you gave us in the early part of your testimony were by the trumpet?

The WITNESS, Yes, sir.

Mr. WHARTON. Was the order to haul down one flag and hoist the other given by the boarding officer or by some one that do not know?

Answer. Some one I do not know.

Question. It was not given by the boarding officer that came on board of your vessel.

Answer. No, sir; he ordered our flag to be hauled down.