The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-12-23

wrrHrss-Hs tsld ne what he saw hinssf and what
he knew
PnEsipssr-Lst the court be cleared.
Mr.. JorEs-Ws. are willing to withdraw tho question
This was opposed by Lieut. Colonel Morgan, ana tho
% rs-opsning the Judge Advocsts declared the de-
cson Of the court to be- that It was relevant 20
be too tedious to investigate the causes that led to this
state.
@ Did you see an armed body Of Californians ct or
Los Angeles for the svowsd purpose Of attacking
the Mormonsy
A. / saw repeatedly armed parties of Caiforuians,
whom 1t was generally understood had this purpose Of
organizing, with the intention OF attacking the Nor
mons: This occurred between the 18th and 2ad Of
March
@ Were you told by influential and intelligent
Californian, that the Cslifornsns were greatly exaspe
A vas told by several respectable CaIlfornians
q Do you know whether Lieut. Col Fremont lived
alone after he capture Of Los Angeles and whether he
he went alone to the insurgsnt chief bsfore the
capitulation!
Ale lived In the government house unattended by
guard other than three or four friends who resi-
id with him These gentlemen wers Major Rsddy, pay
master, Capt Owen, and, part Of the time myself to
cd The battalion was at the mission Of San Gabriel
about miias from Los Angeles. He II went alone to
tue camp Of the on the same day OF the ca
pitulston of Cowenga. The insurgents were situated
about mile aud half two miles from the California
battalion, and Col Fremont must have remained
space OF time exceeding hour; so long that 1t
cited an anxious feeling the part Of some of his
troops with regard to his personal safety.
march from Monterey to Los Angeles aud did he or his
men commit any outrases against the Cafornians, or
there any committed by his troops that
The JuDor ADVOCATE said that no such allegations
brought before the court and when such charges
about b. brought before the court by Cen Kesr
ny, they not allowed. He now understood Colonel
Fremont to say he would not press the enquiry.
The pREsrDEsr objected to- the Question bling with
drawn ne believed Gen. Kearny said that they the
Caforniaus) would be less than men II they had not
resisted the outr.ges against them.
The JUpoE ApvocA read Gen. Kearny's evidence
this point which went to state that the Americans
had perperated oprages against the Calfornians SO
and not re listed this conduct they would have
been less than mem and sta ing further that Captain
and bis men we're included in this charge.
Col FREMoNr said, that such . charge OF outrages
had been made by Gen Kearny In an omcial report
which in possession Of the court and also IN h te
timony and he thinks his character ssssied and ne
desires to meet the accusation -
There was some opposition shown by Col Crane to the
pursued by the President but he ths Presidency
arrive at the merits of the
The Court cleared. When opened, the Judge Ad
vocate read the following decision:
This matter brought before the court by the de-
fence, In their examination of Gen Kearny, by
producing before it and exhibiting to the witness Of
hoa report OF his and by pquring Of him whether 1t
Col Fremont alluded to Ia passage OF that report
wherein his name Is not mentioned nor necessarily i'm
piled
The Court then twice deibera ely refused to receive
testimony ia support of the imput alton the Cal
iforna BATTALION 1t Col Fremont, as its commander
cannot under its decisions at that Time give any
force to the mputaion as Ia degree sustained by
evidence its record although the imputation found
place there by the defendants own action.
The imputstion being uosustaiued and forbidden
by the court to be inquired into its the
court cannot admit rebuting testimony where 1t
finds nothing to rebut."
Eraminaion resumed-Q Did tho cspitulation Of
Cowenys and tbs pacfcaton Of the country follow the
visit Of 1t Col Fremont
A Most certainly. The oapitulation took place
the evening of the day that he visited the Californian
camp and considered the country sufficiently pacific to
suthorss almost alone to ride from C0wenga to Los
Angeles that evening
O. Do you know II Gen Ksarny knew the Mormons
We're shedders of blood, and did he communicate any
thing on that head to Governor Boggs?
This question objected to, and the Court was
During Its closed session. Col Fremont sent in
the following paper
The object Of the question is to show the character
Of the people whom Gen Ksarny was sending against
It. Col Fremont and that Gen. Kesrny knew OF their
bad character In the respect supposed tho question
When the Court opened, the Judge Advocate declared
its decision. that the question BIZ not put
LIT. Col FREMoNT-I have no more questions, then, to
put to the witness.
Cross Examined by JUDGE ADvocArE.-Q Did Gene
say that he did intend or had intended to appoint 1t
Col Fremont governor?
A He said, If his instructions from the Secretary of
War had been recognized 1t was his intention to appoint
Col Fremont Governor Of California.
G. Do you recoect II General kearny stated he was
serving under Commodore Stockton, or did he merely
say Commodore stockton was In chief command?
Commodore Stockton and had been 80 said he was at
San Diego and be directed to make my report of the
capitulaton OF Cowenga to him, (Com. 81
q Was Capt Turner present at that time?
A think he was but am not certain
Here the Court adjourned