117 Series II Volume III- Serial 116 - Prisoners of War
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Question. Was that document read in Charleston or Savannah?
Answer. In Charleston Harbor.
Question. Where did you go when you left Charleston?
Answer. To sea.
Question. Whe did the vessel go from Savannah to Charleston?
Answer. The vessel did not go to Savannah. We joined her in Charleston Harbor.
Mr. ASHTON. I thought you said you joined her at Savannah?
The WITNESS. In Savannah we arranged to go, and joined the vessel at Charleston.
Question. You saw Smith on board the Jeff. Davis on the 8th of June; where did you see him last before you saw him then?
Answer. In Savannah.
Question. How long before?
Answer. About the 5th or 6th of June I saw him there.
Question. You were in Savannah on the 5th or 6th of June, and on the 8th you went from Savannah to Charleston?
Answer. Yes, sir; on the cars.
Question. So far as you know then Willim Smith went from Savannah to Charleston voluntarily?
Answer. No, sir; I will not any that. He did not go voluntarity. The laws of the Southern States -
Mr. ASHTON. Never mind about the laws.
Mr. WHARTON. The gentleman asks whether he went voluntarily. We are entitled to the answer.
Judge GRIEG. The counsel has a right to put the question as he pleases but the witness has a right to answer.
Mr. ASHTON. I withdraw the question.
Mr. HARRISON. I object to its being withdraw after the witness has commenced to answer it.
Mr. WHARTON. It seems to me it is part of the proper answer to the question to show ow he went and why he went.
Judge CADWALADER. After the full warning which the early examination gave as to the tendency of this question I think it ought to have been witdraw before it was withdraw or else the witness ought to be allowed to compelete his answer. I suppose that in strictness the cousel for the United States can withdraw the question thought it may have been partly answered. At the same time as it was put advisedly after the full nature of the subject had been developed and discussed I think it would be taking a very strict advantage of their legal right not to allow the question to be answered.
Judge GRIEG (to the witness). You said he was compelled to go. Give us the full answer.
The WITNESS. I was asked whether Smith came voluntarily or not. I say every man was compelled to join the Army of Navy, and he being acquainted with sea life like every seafaring man thought it better to go on the Navy than the Army.
Mr. ASHTON. Mr. Rochford, did you see anybody take him from Savannah to Charleston?
Answer. I did not see anybody take him but I saw him in Savannah with a valise in his on the hotes piazza.
Judge GRIEG. And from that you concluded he was compelled?
Answer. No; but by the laws of the Southern States -
Judge GRIEG. Oh, never mind.
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