107 Series II Volume III- Serial 116 - Prisoners of War
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Judge CADWALADER. If it is preferred the gentlemen can defer this part of the case until tomorrow morning.
Mr. HARRISON. That will be very satisfactory.
Judge CADWALADER. In the meantime you can go on with your oral testimony.
EDWARD ROCHFORD called and sworn and examined by Mr. HARRISON:
Question. Where were you born?
Answer. In England.
Question. In what State were you living when you joined the service of the Southern Confederacy?
Answer. Georgia.
Mr. ASHTON. Excuse me for interposing but it is proper for me to state to the court that this is one of the defendants who has been indicted for the same crime in another bill.
Judge CADWALAKDER. Mr. Rochford, you will understand that you are not bound to answer any questions which may tend in any way to criminal yourself, as it is said you are also under charges. You understand that what you answer will be of your own free will and you will not injure yourself by being silent. If you choose not to answer there is no unfavorable inference against you. Do you understand me?
The WITNESS. Yes, sir.
Mr. HARRISON. I am counsel for Mr. Rochford and would therefore hardly ask him a question in this case that would embarrass his defense. I am very much obliged to the Government though for its interposition. (To the witness.) Do you know of what State defendant William Smith was a resident?
The WITNESS. He lived in Savanaah, Ga.
Question. Has he or has he not been a resident of Savanaah, Ga., for several years?
Answer. Yes, sir; he has bee a braanch pilot there. I knew him to pitol in several vessels whilst I remained there. I saw him on board vessels. I was going to Europe in the summer and coming back in the fall.
Question. He was a resident of Savanaah at the time and before the commencement of the difficulties between Georgia and the Government of the United States?
Answer. Yes, sir.
Question. Do you know that fact?
Answer. Yes, sir.
Question. Are yoiu acquainted with the prisoner's family?
Answer. I was acquainted with both his brothers - in - law and a brother of his.
Question. Do you not know that he is a married man with a family?
Answer. Yes, sir.
Mr. KELLEY. One moment; I do not see the pertinency of this kind of examination.
Mr. HARRISON. We can argue that hereafter.
Judge GRIEG. I suppose it does not make any difference whether he is married or not, but if the gentlemen think it of any importance let him ask it.
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