Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1847-11-27
ARMY COURT MARTIAL.

III, al Fremont asks leave respectfully suggest
the Court that hasa legal right TO have the question answer
IA which vas Yesterday put 10 the witness, MAJOR Cooke
namely whether he was the author OF the publication heh
shown to linn And if answered IN the affirmative, that he
lad the legal the contents of the said paper sther
m contradict his testimony this trial, show hostility
aud ilsl him, Lieut. COL Fremont or to use It for
both purposes and in either case he is further dyedto
that he have the legal right after receiving the ahrma-
answer either 10 use the publication at once BY founding
defense This he advised by his eounels law and may be
in the ordinary treaes evidence Greenea Pp oUS
or Phillips, p 765 VOL j and also IN the reaes on
martial Jaw, Though, p $40, and the authorities therein
cited
Lieut. Col Fremont is also advised say that courts
martial being derivation from the ancient courts OF cVa
in which honor and arms the subject the honor OF arms
in addition truth and justice (e object q all courts IS
s an part court msrtas object and, under
that point Of view they be restricted to The gd
rules OF criminal trial the Old Bailey oil ci' suit at
nasi s, but may take wider and higher range . et AZ
the honor 81 the parties and witnesses before the Court IN Or
der 10 keep bright the honor OF arms as Wen as 70 ah e
ends Of truth and justice. And this vie" Of the court mar
tas power, he is instructed say clearly shado"ed or
in the duty imposed upon the Court observe the conduct OF
the military citizens before the and TO report Tor superior
revision every of asehood preyarcaon OF dshon
orable behavior the military prosecutor and witnesses, in
order they themselves may brought TO tra II found
dshonorng the profession OF by thing they say or do
refuse say do before the Court de Hart on Courts
Martial DIP. 1851 From this it results that IN relation
military witnesses land that is the case Of the witness now
before the Court Of examination IS intended BY the
law martial of wider and higher character than that which
tolerated in the ordinary criminal or ey tribunals oil The
country. Honor becomes object in such examination
and in tint point Of vew aud addition to the legal rights to
The contents OF the paper either contradict the witness
oro expose his enmy or for both purposes Lieut. Col FREE
instructed that he has right to have the
ton p the witness the witness having the privilege TO
answer, if he will say upon oath that the
subject him punishment
The publication before the Court several believed
have been made BY officers OF the army all subsidiary in
effect if in design the accusation preferred against
Lieut. Col Fremont BY Gen Kearny and now oe trial before
his Court publications not wrong themselves, but ag
gayaed by being made nymosy and against an officer
absent three thousand miles from the scene OF the publications.
and then under secret intended arrest by Gen kearny
l.leu tnpfn
being cross-examnaton OF witness whom the testimony
already shows to have reported Lieut. Col Fremont to his
peror officer for and mutny and whom he would
have deemed ii his have crushed by the of his
Mormcns and dragons he had not been afraid of revolt
from the people OF California he he wtness appears in the
category nmica witness and becomes subject all the
modes known the the such wit
and he is here instructed by his counsel to read couple
OF authorities to this point and to claim the full benefit from
the Law they lay down.
"The power and opportunity of the
principal tests which the law has devised for the asceran
men Of truth and this is certainly efcacious
BY this the station of the witness with respect the
parties and the subject Of litigation his interest," his motive
his inclination and prejudice his means of obtaining
rect and certain knowledge OF the facts TO which he bears
timony the in which he has used those his
power Of discerning facts in the first instance his capacity
for retaining and describing them, fully investigated and
asceraned, and submitted the consideration of the jury
Starke uoLl, PIP. 1856 Greealeat, PIP. 6o-2-S.
"The efectua method (of cross-examinaton) is to
examine rapidly and infinitely number OF subordinate
and apparently trivial points his evidence concerning
which there is little likelihood of his being prenared wt6
falsehood ready made IL Frequently happens that
in the Of such rapid examination facts material
the elected which either denied but par
tally admitted before "-.iIS0H Practice, Quoted
GreenlsGJ, z. 1, p 524)
''Clamng benefit this mode of crossexaminaton in
the present instance, add intending ask question vhieh
he does not believe he has legal right put Lieut. COL
Fremont respectfully asks that before eetng any que
ton which he offer the Court will be pleased hear his
for ring il privilege which he believes the Court
viii deny him when asked which he only asks now
generally and for the whole trial. troubling the Court
with special request in each case as i arises.
Il
Lieut. Colonel Mounted Rfemen.'
The paper having been read, the Court was cleared
On reopenng the doors the Judge Advocate stated the
following the decision Of the Court
"he Court adhere their decision yesterday in rela
ton the question the authorship Of paper signed jus
tee the St Louis Republican, the same the Court
view show that he has expressed hostility did
tain hostile feelings to expose his enmty contradict
the testimony he has given on this trial"
The oToss-examnation OF Major Philip ST George Cooke
then resumed.
Question. Has the witness been able obtain the ginas
copies Of the memoranda from Gen. Keamy mentioned by
him yesterday having been accidentally lost by himself
-iRsiCer No. The memoranda upon a scrap Of pa
per- taken down by Capt Turner understood him. mere
y refresh his memory. did know expected of
To- speak TO Gen Keamy about hem but merely about
The letter alluded to in my testimony The memoranda had
no signature, and never attached any importance them
| certainly have given their most important contents.
here present the letter, rather copy Of it, from Gen.
The sabjoHed is the quotation from " DE Harris Courts
MARTIAL here referred
g Courts Martial haze times stated the motives of ac-
quit aud opinion of the conduct the
length II IS competent for a martial remark upon
the conduct oil The prosecutor with the charges
or as developed in the OF the They have also
noticed 10 terms OF dsapprobaon which appeared as
prudca 10 discipline, aud the harmony OF the official or
personal relations OF the officers of particular regiments
Personal ilw Spd snimosiy accuscr and friyo.
ous and yexaou accusations have all made tho s
cct observation by martial been approved In
the revising authority.
This exercise Of prerogayc such delicate subjects Of
controversy the motives and conduct the party
irrespective OF the facts nyestgsted criminal bc
vior and beneficial means for the preservation Of de-
therance Of good order subordnaton So also have
MARTIAL under particular conditions strong asseyer
ton the part Of the accused when supported y proofs
thought becoming to declare their opinion that
had been actuated BY proper motives of duty
and regard for the service and that his had been
able aud honorable Such declarations on the part Of the
court have generally accompanied aequas though other
times conviction.
The conduct Of witnesses especially when belong
the military service, has also been uuou
by martial and they have been justified ia so doing
Faischood prevsation when perpetraed BY witness
speaking under the solemn obligations oath IS certainly
immoral well dangerous and therefore an
communities which have cnioy ed the benefits Of judicial
system have considered and punished II hgl offence
In noticing misconduct the part OF military witnesses il
proper that the observations OF the should speeG
not general that the offending person NAV be brought 10
answer, ny the proper authority such misconduct Courts
martial however, should be very guarded how they censtr0
witnesses ~ civil capacity for Inconsistencies preyarica-