Mr. WHARTON. The witness says that in point of fact the courts were not open and the U. S. officers were not performing their functions there.

Judge GRIEG. The judges had resigned before that time in both south Carolina and Georgia.

Mr. WHARTON (to the witness). How long has you known Smith either personally or by reputation before you started in June on this voyage?

Answer. I have known him for four years by coming into Savannaha in the fall of the year from Liverpool and going back in the spiring.

Question. Did you consort with him so as to know about him.

Answer. Yes, sir. I have conversed with him many a time abut seafaring business.

Question. had he a fixed home there?

Answer. Yes, sir. He had a wife and one boy fourteen years of who went to New York some twelve mounths ago to get his education.

Question. You have stated that he was a pilot. Was that his regular occupation?

Answer. Yes, sir, that was his profession; a full branch pilot of the Savannah River.

Question. What was his reputation; that of an orderly, quiet, lawabiding citizens or otherswise?

Answer. He was an honest citizens of Savannah, a native of the place, as I undertand.

Question. Was he a peaceable, quiet man?

Answer. Yes, sir. I had an opportunity of knowing him because I stayed there in the winter time, and worked in a cotton press and saw him pass regularty once or twice a weel.

Question. You have heard others speak of him?

Answer. Yes, sir.

Question. Was that the manner in which he was held and reputed by people generally about the town?

Answer. Yes, sir. I never heard of his getting in any difficulty.

Cross - examined by Mr. ASHTON:

Question. Wa Smith on board the Jeff. Davis when you went on

board?

Answer. He arrived just one day before me.

Question. Do you happen to recollect day of the month it was and in what month?

Answer. It was one the 8th of June that I arrived.

Question. In what capacity did you find Smith on board that ship?

Answer. He was acting as boatswain of the vessel.

Question. What were the duties of that office?

Answer. The occupation of a boatswain is to teach a man's work if a man does not know how to do it as a mariner. A man cannot fulfill the duty without having some understanding of seafaring business.

Question. What day did the vessel leave Charleston Harbor?

Answer. On the 28th of June.

Question. Then from the 8th of June to the 28th of June Smith was on board that vessel in the harbor of Charleston?

Answer. Yes, sir; fitting her out for sea.