The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-11-06


letter back and destroy IT. that willing to forget it
Lieut.. Col Fremont declined taking II back and told
me that Commodore stockton would support him in the
position taken In that letter. | told him that Com
stockton could not support him in dsobeyng the orders
OF ms senior ofser and thst he persisted In It he
would Internationally ruin himself He told me that
Com Stockton about organize vii government
and Intended to appoint him Governor of the territory
| told him Com. Stockton had no such authority that
authority having bssn conferred on me by the President
OF the United States lie asked whet. would APP
point him Governor told him expected shortly to
leave California for Missouri that had previously to
leaving Santa Fe asked permission do So and in
hopes OF reoeving IT. that the country should
eminent; and that at that time knew of no obertons
to appointing bin the Cove nor He then stated to
appointed him Governor at once he would not obey his
orders; and he left me.
The examination in chief was here closed
The Judge Advocate stated that Lieut. COL Fremont
had now the opportunity OF GROSS examination.
Whsreupon Lieut.. Col Fremont presented the follow
by the Judge Advocate.
Mr.. PREsIpESr Before putting any questions to the
court the better to understand the relevancy of the
questions put think 1t best to give idea OF the
general scope or nature of my defence. This be
Done with respect to one main branch Of the defence
by reading paragraph from paper addressed by my
counsel to the War d partmsnr asking for certain
orders and reports preparatory the trial and which
paragraph Is in these words =
"In looking the charges and specifications it is
seen that the imputed acts Of muny and dsobsdisncs
and disorderly conduct refer period of time when
Commodore stockton and General Kearny con-
tending for the supreme command In California, and
when the decision Of that contention attempted
be devolved upon Lieut.. Col Fremont, commander OF
tho California battalion, by Gen kearny giving him
decision Lieut. Col Fremont declined to make and de-
termued to ;remain he aud tho battalion under
the command OF Com Stockton until his two superiors
decided their contest Looking upon this to be the
correct the undersigned feel 1t to be their duty
to protest. and do hereby protest against trying
that question in the perssn of Lieut. Col Fremont
charge Of mutiny aud dsobedence of orders conduct
prejudcial to good orderohsrges going to bis life and
characterfor not obeyng the orders Of General Kesr
ny. They make this protest; and reserving to Lieut.
Col Fremont all tho benefits to be hereafter derived
from It, they deem it their duty to prepare for the trial
OF the charges and specifications made (Which H.
In fact, the trial Of Commodore Stockton, Of the
navy, In the person of Lieutenant Colonel Fremont
the bsnea II thu ssoo
ton could himself demand IL personally trial before
naval court martial Under this OF duty and with
dore Stockton, Ito whom happily decision against
him will be legally nugatory, and may BE- oontradcted
1t will be fatal to Col Fremon they ask to be furnished
as early possible with official copies of all orders to
Commodore sloat, (under whom Lieut. Col. Fremont
first served) also to Commodore Stockton and Commo
lore Shuorick, and any other naval officers charging
them with military or civil powers in California also
with copies Of oil their reports In which Lieut. Col FIRE.
mont or the California battalion mentioned or re-
ferred to also copies of all communications from them
either Of them which show the nature and extent of
powers which they the said naval commanders actually
exercised In California also copies OF the joint procla-
nation OF Commodore Shubrck and General Kearny,
themselves also copy Of Gen. Kesrny's proclamation
at the same time also copy Of the orders to General
ders ii any proceed from California to Mexico and
copy Of the orders fany which related to Lieut. Col
Fremont's movements In or from California and q
copy Of the ORDERS If any by which General KearDy
brought home to the United States the topographcs
party formerly under the command of Lieut.. Col Ere
mont when Brsvet Captain Of Typographical Engineers
Another main branoh Of the defence will go to i'm
peach the motives Of the by showing his
and conduct towards me during period of six month";
y.ONe n
about three thousand miles of travelling, and for thai
purpose to avail myself of all the rights Of
nation OF the aud his Witnesses rs well
the direct examination of my own.
This is sufficient to give general idea the main
vocste and the Court the better to understand drift
and relevancy Of questions and the effect OF answers
plea of not guilty gives no notice of the intended de-
fence special pleas are discouraged and this state
msnt intended to give the notice which the plea OF
The ex animation now commenced
Question by Lieut.. Col Fremont. At what time did
you FORM the design Of as.sstns Col en-,
uary H. When say shortly after, do not, OF course
mean immediately It may have been week sitter.
e At what time did you communicate that design tc
him, and where?
A communicated it 10 him at Fort Leavenworth on
the 22d August. and arrested him
@ Did ysu write from Monterey In May last to Col
Benton, informing him Of your design to arrest Col
Fremont
A. did not
q. Or ut any time!
A wrote to Col Benton in May from Los Angeles
telling him that the conduct Of Col. Fremont had
been In opposition to orders and to those Of the War
Department Delicacy prevented me from saying
further to Col. on the subject. presume he must
O. Was Col. Fremont then ut Los Angeles?
A. He was there about that time.
Q, Did you at tho same time give Col. Fremont the
same information?
A.. did not consider it obligatory on me to do SO,
and did not.
@ win you state whether, after the commune alton
made to you the march to Santa Fe, you met
press from mmodore Stockton and Colonel Fremont,
bearing dispatches to the Government; and whether
you received any informant from that express that
ducsd you to depart from your orders and to what
extent
forna by Commodore Stockton and Lieut.. Col Fremont,
on his way with dispatches for Washington received
information from the express which induced me to
depart from the orde-s which had recsived received
information which induced me to make some changes
there, but these predicated my orders
@ Did you turn back any part of your force and
countermand the march Of any Of the troops which
were intended to follow YOU
A. In consequence Of information received by from
that express, left on the Del Norte in New Mexico
two hundred Dragons which l had previously deter
mined to take with me to California. ! can state in
few words that started from Santa Fe to California
with three hundred dragoons leaving instructions be
hind me for the Mormon battalion and mounted CON-
pany of volunteers under Capt Hudson to follow me.
The company to be under the command OF Capt.
Hudson battalion and the whole was, thought TO
be under the command Of Capt Allen
What amount Of force did you intend to take with
you before meeting with the express!
A The thee hundred dragons; and these to be fol
lowed by the Mormon battalion Of which had recsved
no written report to its numbers, but which pre-
sumed would average about Ave hundred mem besides
company of volunteers under Capt. Hudson, which
presumed would be about eighty strong
What proportion did the force you carried beal
to the strength of the Mormon battalion which wa, t.
follow you
A. The force carried with 100 Dragons -
The Mormon battalion, together with Capt Hudson't
company, would be from $50 to $50
bisCt al In
California after meeting the express hearing informa
ton from him and diminishing your dragons,
a. The offset Of my proceeding to California was to
comply with the instructions had received from the
War Department
q. Did the express demonstrate against being turned
back and did you insist and order him back
A. he express was Mr.. Carson, who at the first was
very unwilling to return with he being DESTROYS Of
proceeding to Washington to convey letters nd commu
nicatons to that place which he had received from
Lieut. Col Fremont and Com stockton. lie told ms
that he had pledged himself these Communication
should be received In Washpgton at last persuaded
him to return with me- by telling him | would send In
his place beare Of those dispatches Mr.
who old friend OF Lieut. Col Fremont and had
dl IA