The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-11-12
Court Martial OF Lieut.. Fremont.
EIGHTH DAY.

Court met at 10, A. NJ. All the members present. tina
Judge Advocate Gen. Kesrny aud 1t. Col Fremont and
his counsel Record Of yesterday read over
President RRooxE Major Graham desires to present
resolution to the court and perhaps It had better now
be DONE
The JupeE ApvocArE-The court will then have to be
cleared
explanation to the court Of part of my testi
mouy Of Monday last Agreed to-
Erplrndtion-ln reading over the papers this morning
of proceedings Of Monday, hnd the following quss
tion put to NE by the accused and my answer TO wit
@ Did you know that one OF those cannon captured
by Fremont was the one lost by you at San PascuaR
A. don't.
ledge of It, but had knowledge of 1T from official
report made for my staff OH er by 1t Col Cooke The
report is here, and now present 1t.
Jupor ApvocArE-I don't think sirt can be given in
Evidence
M-jor Graham desired 60 submit his resolution and
the remarks which he had to make upon it, in open
court
President BaooKE supposed could be done, II there
Jupar ADvooArx.-The regulations require the doors
to b. closed in such cases, sir
After some copversation between Major Graham
Colonel Payne, President Brooke and the Judge Advo
cate, ordered that the Court BE- cleared which
accordingly don to consult upon admitting tho
port of Lieutenant Cooke evidence On the open
ing the Court took recess OF ten minutes and then 1t
that evidence the Of Lieutenant
Cooke could not bs admitted
1.-THE Ju ige Advocate then read paper to the Court
defining the legal mpedments to Wide range of lati
tude Ia the cross examination, and declaring that h-
should object to all questions not relevant to the mat
ters In Issue before the Court
said in your direct examination that the It'll day
January, Lieutenant Colonel Fremont to your
msnt implies. or wa, he invited by you to come
A ! have no recollection of inviting him to come.
O. Is this paper original? Paper passed up.l
Mote read
to my qSFs1 wish to
=" Lieut. Col Fremont
At what time of the day that tote sent,
Grr KEARSY i presume 1t was In the morning
who brought Colonel Fremont's letter OF the 18th Of
January, Who Is the person
seen him before nor do know that have ever
Q Wa, it not Mr.. Christopher Carson?
Q Did you the composition Of the California
battalion, In which he lit. Col directed change
JupoE ADvoeArr-Mr. President, do not see the ree
vsnoy Of the question myself
Col CRAsE-I suppose Col. Fremont can explain it
verbally
President BaooxE said, If there was no objection.
Lieut.. Col FREMONT said IL belonged to class Of
questions which he could not wave but the benefit Of
all Of them he should ask OF the court.
The Judge Advocate withdrew his objection.
On KEARrr, In reply to the question Il did not 1t
vas COMPOSED partly Of artillery and partly of rifsmen
all mounted. What proportion artillery do not
know.
@ Was there a naval officer in command Of them?
A. will state to the court that when the bait ilon
foot Who believe and understood had lost their horses
Were there naval officers in command at tho time
Q what naval officers!
Niishipmsn McLsne and Midshipmsn Wilson ]
have r. collection Of others
q Was not Gillsspiss company part OF 1.-THE bat
TALON
A Capt Gillespie had marched with from San
Diego TO Los Angeles and serving under II hi,
company was with the California battalion, did not
kpowit
Were not the land services Of these officers at ap
sna With the terlira ion of the expedition?
! know rot
@ Did you know whether GHlespie's company was
tO "A Emory. as a pA [
OF the California battalion!
O Were not the men of the California battalion com
poeed 10 OF emsrants from the valley Of the sacra
mento who had left their families In tents and Joined
the expedition for the exp edtion only.
A know not; but think that / understood that
they and understood that part Of the battalion
were Engaged for the expedition
@ Do you know wh-ther the officers of the battalion
raised It, and arched under the command Of Commo
A had also understood that Lieut. Colonel Fremont
had raised the battalion under the directions Of Com
O Did you know whether the officers had raised the
battalion under orders of Com stockton!
Fremont had raised the battalion under the orders of
Q with what commission?
A. I never heard OF Com stockton comforting any
commission on Lieut. Col Fremont further THAI having
appointed him Military Commandant of California
Fremont raised the bait alton before he or heard OF
his appointment, Lieutenant Colonel in the United
A. did not. always understood that Lieut.. Col
Fremont had in the month Of June, 1896 which must
have been before he knew Of his appointment Lieu
tenant Colonel raised part Of the battalion ths balance
OF the battalion have Understood raised In the
summer add fall Of '46. | know when Lieut.. Col
Fremont received his information OF his appointment
Li-utenaot Colonel
q Did you know what the nstur. of the rsorgan-
isAtion, when Commodore stockton commanded the
California battalion md which you did forbid
A did not Ilearned that Commodore stockton
shout 10 the battalion and then gave my
orders TO Lieut. Col Fremont against It.
q: you know or had you reason to believe, that
the battalion raised In part by the naval command
under special orders from the President be In
the United States Ia that country whether British
Mex loans, or Indians!
A doubt was here expressed upon this question, and
the Court cleared for elaboration On the
opening Of the door the minutes OF the decision the
subj.ot were read, to witt
Lieut. Col Fremont regarded the question ss q vital
The Court decided to put the question striking out
the word British so that the question would read all
enemies, 30, uhether Mexicans or Indians" Our i'm
preston that Lieut. Col Fremont In including the
BRITISH had reference to his anticipating the suspect
Cd descent OF Admiral Seymour II B. NJ. ship Colling.
A do not That H. he does not know whether the
. s,o ara battalion was raised by authority Of Com
ook on In obedi nee to the orders Of the President to
10 what character did.you forbid the organization;
~ uI nv OF authority In opposition to Com Stockton
'" az nrgadisr General
- ava ~ 10 virtue of nv autboritv ma Rrioadiar
General OF the United States Army Ths secra,sr .,
,oo,. a1aIS TO me, having directed that the
command "'u 10 part OF my
a In what character did you recognize Liam, r.,
s ~ ~ $500 col Mounted Rhss command.
He wssa Lieut. Colonel Of the Armv and 49,,
nsndant OF the battalion gave him order, secora'
.,o ~ What time dd yog sv. him the order forbid
a. On the icth January gave directions that no