Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1847-12-03
tReported for the Baltimore SUM-
THE FREMONT COURT MARr,.
W.sHtsoro.. T,rsp.y M. ~ 49,

THE FREMONT COURT MARITAL
W.sHrScros, TursDAr, Nov 30. lss-
The examination of Ii. Emory, witness ON M a.
Of the defence, was resumed. paH
Question.-Dces this paper contain the areo,.
the difficulties in California, TO which you rsfe,n OF
your letter 10 the New York Courier and Enqujrr, 10
which letter you were not permitted Ia answ., IAN. na
day, and which account you pronounced a. h.
lWiih this question was statement Of The hail.
the Sih aud 9Th Of January. and which was n"a,es
IN the Californian, al Monterey. Attached IN !,
certificates If lis truth from the following nom.t wee
Of the Navy :--Lieuts. Minor Roman AMI on
Ton; Acting L.iruls Guest and Thompson; sn,..tss
Mosely and Ev.r.frd Mdshpmen Lee p at.''a'
Wells, Hayward and Duva; Captains Clerk simn'h'
and ]. duncan J. Sou,hwe and Mr.. Feed: also ,,n'
Capt. Znelin, Of The marine corps.l rom
Judge Advocate II think This question come. n,,
the rules laid down yesterday by the court AMI
10 he excluded will not ask the count, Low,.ash'
be cleared, unless the defence insists upon /, ~ 70
| Col Fremon;--No sir, we do not insist
Major Graham thought the court should be cl.,.
And iEen the court was Cleared.
After one hour with closed doors the cour, ~, : -
opened, and the following decision announced AZ
mature consideration. the court decided thar m.
ton Eow offered, being based upon thr AUTHORSHIP Of,
newspaper article which was not permitted h. a.
court 10 br rnquired into yesterday, there is eyJ.,
impfoprety In offering it now. The court, influence
by adls?oslfion 10 render the accused every possh
courtesy and considerations has forborne Ia aImri
him, upon us record Of several instances Of disrrg,
of lis rules announced In the form Of questions si
have been offered and rejected
Tue question, and the introduction Of The nan,
which accompanies II, are both deemed imp,on-, =,
the court. The paper attempts, by inoducipr cs,,;
Gates taken pGrie, and not sworn To- 10 cont,aa,.,
witnesses before the court, and, especially and poIn
eddy 10 contradict witness introduced BY the d..
fence. and, further. 10 show by such certificates matter
not relevant IL this trial. and whics this court cannot
inquire into.
The court therefore, directs that, while the question
may stand lis record 10 shaw The character Of the IN
curry the paper shall he returned 10 the accused and
mol entered on rs record.
Question, Substantially. did you, IN your arriva,
New Orleans, any for you, with your know.
ledge and consent give Ia the editor of the Pcayune
statement of affairs IN Ca.forna-if so ms I'M.
copy Of That statement and did you ever disayow the
reference therein made to yon as the author OF p
The printed account, published IN the PicayAne r..
iiecting Com stockton ard Col. Fremont VA,
shown To tie wliGess.
The court said the question should not he put.
Question, Substantially Did You, directly ind.
rtrtiy, give any information 10 the editor Of the Louis
willie journal, about The Isl ot May last any per.
for that paper-it So Is this copy of what vi,
then published, bottoned on your information! Paper
shown II gives statement Of the difficulties bearing
against Com. stockton AMI 1t Col Fremont
The said that thr question shauli be put
The court alsc said would not allow lis records 10 be
encountered wiih these newspaper statements, and
they should all he returned Ia the accused
Question.-ln your evidence of yesterday you say
~ understood that rs as hr got sufficient force
sufficient troopshe tkrarnyl would carry out the
derS OF the President Of The United States" Now whi
orders OF The President remained 10 be carried oui.
which required the aid Of The Mormons other hume
rcal strength. To operate on 1t Col. Fremont?
Answ-n-The orders Of the President Of the United
States az understood, were 10 put Gen K+atny
thoriiy in California, AZ well As 10 maintain possession
Of the county against the enemy
lfhr defence here closed their examination OF Tie
witness
Lieutenant Emory-Mr President, | have i request
10 make Of lhe Court, shall do II in writing, vrr.
bal,,
Gsneral BrooAr.-YesSir. What is The nature ofihe
request,
Judge Ad,oclie.-l have some questions 10 ask the
witness, Sir
General Brooke Well then. 60 on.
Question by Judge Advocate. r. You stated IN youI
evidence yrsiedy that your information was confined
"a The Immediate command of the troops; now who va,
IN command Of the troops on the sth and 9Th Of January
Answer.-Gencral hearny.
Question by Judge Advocae.-You mentioned an in
stance whereyou obryed ihr direction Of Commodore
Stockton; did You consider Commodore $. command
ing the troops?
Tie question was ruled ont.
General Bfooke.-Now, Lieutenant Emory, you may
make your request.
Lieutenant Emory, after adding few words TO onr
If his answers, made the following statement aud re-
quest:
paper has been read 10 the Cont rejecting upon
mr. individually, aud lay character ~ witness IN
the now under consideration, charging inc viii
having avowed personal cnmly 10 the accused-witl
having made publications, furnished information IN
furious 10 him-Nilh being identified with the pTosecu
ion-and under these circumstances that my evidence
has bee ana To De put u
me, for the purpose OF eoHobaling these statements
was n iecied by the couit, nov ask that may be per
milted 10 answer II, 10 the end that may show ii,
statement 10 br incorrect, 80 far as II charges me VIII
personal hostility la the acrusedwith be Ing the anlho
Of any charge against hn-wlih beine party To hi
prosecution now pending-or having sought by pubira
lion To pre- judce him before tho public, or foTesta u.
opinion In relation 10 official controversy to which
circumsanc had rendered me-, 10 greater or less
tent, cognizint.
The Court was cleared, and when opened said the
quest could not be- granted.
Lieutenant Colonel Fremont presented paper. ask
ing thar the Cont would adjourn over nj Thursday, q
enable him Ia aningc his evidence for The defence
which VIII he speedily gone through wHh. He aso
made the following statement:
Irutf nant Colonel Fremont would respectfully safe
The Cont, that III presenting the questions going "a
ascertain the authorship Of the newspaper articles
frrred 10, or of the information on which they
based he designed 10 establish hr believes hr thr
fact. that 4, the same Tine General krarny held The
cret purpose at future Iia and Of Lieutenant
Colonel Fremont, n CONFIDENTIAL member of General
kearny's staff sent into the United States 10 bsar his
reports thr Government, made il part Of his bus
ness subsidiary IN effect II In design, 10 that inIen
ton of General kearny, 10 circulate and publish rr
ports calculated Ia prepare the public mind for that
rest and trial, and 10 prejudice II against Lieutenant
Colonel Fremont.
This fact, ihr counsel If Lieutenant Colonel Fremont
believe would br both relevant, and not material Il
show in thai branch OF the defence which goes i'm
peach the motives and credit Of the prosecutor Lien
tenant Colonel Fremont deems tins explanation due
right understanding f his Object, and also respeefu
10 The latter. And then the Court al oui ned until
Thursday next nj 10 A. NJ.