The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-12-24

| BRODHEAD submitted
| ject, and asked that they also be printed
The House aoceded to the request, and then ad-
journed.
Court Martial OF Lieut.. Col. Fremont.
WAsHINeror, Dec. %, l647.
1.-THE testimony before the Court to-day brought out
more important facts in Col Fremonts favor, than
those which have been ecited in all the former docu
msnts We refer to that portion Of Col Ruses cross
examination which gives General Kearnys converse.
ton with him (Russel in regard to his claims to the
chief command and the subsequent interview with Col
strict regard to what he considered his duty, al
est but his prejudice in favor of ' Gsnsra Kssrny
few piquant episodes also occurred to-day and
which We give as they took place In order the better
ut present uxuria.ng with the Thermometer some de-
grees below zero.1
The Court opened at the usual hour. The minutes
were read Col. Russelrs cross.examinatiou by the
Court then commenced
Q-How often did you see armed parties Of Califor-
Mans which 1t was generally understood organic sd
for the attack Of the Mormons How large were these
parties and what was their orgsnization'
Al saw them repeatedly Their numbers were
small-hfteen to twenty. | more than that
number together 1t was generally understood how
ever, that there were larger parties.
JUDGE ApvocATE-The question is whether you saw
anything!
Al knew nothing specially of their organization
Q.-At what time in the day did you 60 to Commo-
dore sooktons quarters for the purpose Of receiving
A-Not earlier than noon; It may have been later
but certain it later than the middle Of the
afternoon ITO the oourt) 1t was .. suppose, on the
JUDGE ADvocArE-He has made his explanations at
length on that subject
Odd you hese witness, any'discussiou, or
versaton with reference to tho appointment of Lieut.
Col. Fremont, In presence of Commodore stockton?
Al did not never heard any such discussion.
Odd General Kearny, in his conversation with
you the evening Of the 4h propose to give the
With .a Oh ne
A-General kearny on the evening of the 18th, both
sure at being in the country and said his nstruc
tions had been recognised he would have avaed him
self of services do not remember his reference to
with the Office Of Secretary of State judgsship ]
remember distinctly that he spoke of his intention Of
appointing Lieut. Col Fremont governor
Q-When you went first to Los Angeles to who
was In chief command did you receive instruction
from him s as to which wsrs to
Any Instructions from Lieut.. Col Fremont were
TO proceed to Los Angeles and carefully inquire as to
who was in chief command, and to make my report ac
cordingly No such circumstance As finding both In
command, was contemplated think by Col fremont,
when he despatched me ON that mission
By Col CRANE-Why did you first report to General
kearny instead Of to Commodore stockton!
A bore a letter from Col Fremont to Gen Kearny.
In acknowledgement of one received from him whilst on
his march, aud for the further reason that TO-
tally ignorant of tie obsctof Gen Kesrny being In the
country and my orders from Col Fremont were that
should ascertain all about It,
Q-You said, in your direct examination, 81 inform
ed Col Fremont that both Gen Kearny and Commo-
dore Stock anxious to appoint him Governor.
but for difficulty" How that difficulty removed
Al learned from General Kearny that he brought
with him instructions from the Secretary OF War, and
that he felt himself authorized in virtue Of said in
structions to assume the chief command. From Com
his relations TO the territory as chief commander
ia nowise changed by the arrival of General Kesrney in
the country ! apprehended some difficulty from the
apparent collision between these gentlemen and In
duced thereby to institute the enquiry that led to
the result that Commodore Stockton still rghful
commauder-in chief
Col. CHURcHILL.- Is that part of the question
Al think 1T is
LIEUT.. Coz. TAYLon.-The question covers . wide
A-[Contnuedl-Ts so reported to Col Fremont
JUDcE ApvocATE.-That Is the answer you make to
the question, Colonel?
Al think 30.
Q-Please state all the conversaton that passed be-
wesn you and Lieut. Col Fremont The capitalization
or CoweDg,, after your return from Los Angeles with
the report Of your visit.
Al met Col Fremont at the head CT his battalion
on the morning of the l4th Of January and stated
my chief examination about 1--WE six miles from Los
Angeles, and told him that had mucn conversation
with both General Kearny and Commodore Stockton,
touching their respective positions in the country that
wassatis6ed from what had occurred, that Gen Kear
ny was better friend of his than Com Stockton that
to give It as my opinion thai should have to look to
Commodore Stockton still commander-in-c chief that
found him exercising the functions Of commandsr-n
chief, and submitted to implicitly, as ] thought, by
General Kearny. This was the substance Of my commu
nication to Col Fremont and he think, with equal
luctance, came to the conclusion.
Q.-rlease state the particulars of the sston
you had with Gen Kearny as to his right to command
In California.
Al had conversation arst with Gen Kearney based
on his Instruction. which he seemed to consider full and
enqured Of him why he had not insisted on obedience
from Commodore Stockton and he informed me that he
had but few troops the second conversation was In re-
ference to the assmilated rank OF army and naval ON
GERS OF his grade and Commodore Stocktons dis
tinctly remember that maintained that his position rs
Brigader General ranked Commodore Stockton He
thought otherwise and claimed chief command in virtue
OF his Instructions only.
1t. Col. HUsr-But still he claimed to be FIRST in
rank?
Ain virtue of his instructions only. 1t seemed
strange TO me that he did not claim 1t In virtue OF his
rank, and 80 communicated to Col Fremont the next
day, the llh. IL that admission Of Gen Kearney
mainly that led me to consider Com Stockton still
righttuy in command both pretending to rely on in
structions from WasbiD gton General Kearnys saw
Commodore Stocktons never saw
The PREsipENr-Any one present during the discus
sion
Al think It possible Capt. Turner was. | am not
certain he occupied the same room did.
Q-Did you see extract from the army regulations
10 RANK during that conversation with Gen kearny
or what induced you to say that Gen Kearny ranked
Commodore stockton
Al did not see the extract referred to- My opinion
was founded on my own judgment, unsssisted by any
information
Odd Gen Kearny say anything in regard to there
being such grade In the navy as commodore.
Al do not remember whether the grade Of oommo.
dore mentioned or rot His remarks referred to a
commander Of asquadron.
Q Havcyou stated In your examination In chief, ali
the conversation with Gen Kearny In relation to the
Governorship Ifnot now state It. 7.
Al think have l.r u.rft. ..f tft
Lieut. Gel MoaoAr Il think the Court objected II
the bed scene You have stated all that did OCCUR ex
cepting during the night!
Al think have substantially Ell.
Col PayNE--Nir President, there are gentlemen read
ing newsp apers, In opposition to our rule re. o.
Col TAYLOR (who vas of the offenders the pepei
was the Boft1uyys Sun III confess have been and