Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1847-11-23
IR.pmled for the Baltimore .Sa''1
WASHINGTON, Nov. l8, 1877.
.,nIrn1, dp'HI Al.

f1'hr rullT tstt tllS lHpl G'I cav es'N-'
and correcting OF The record ol yesterday, u.u ,
Kcaruy cane inc ccuit, ana sa. "''.' w cor
np,t,i.sjou OF tho courl 10 make IN .1riaha'iou
Nv answer 10 III La, question pnl'o me, yesrf
day. is not sufficiently explicit | wish now u
srat. ina, the word "dures>" IN that question is
technical one, and from nv understanding VI II
, would state in reply to the question pu. 10 ue
, that do not believe that Commohcre S'ock'ol
would have used his force 0! sailors ana MARINES
10 compel L., Cui. Frempntl 10 obedience 10 his or
drrs bn,. believe L.. Col Ere '.oGi's ODE renee
IN Com. S,ocl,:o;i's orders was in conssq ience
his Interference bciNccn Com. 5 cckion and m'seii
That is all wish to say on thai subject "oul'
also wish 10 sac my understanding ol Inc CIT
cums,ances connected with The raising oil Int
California battalion under L.. Gel. Fremont.
NV belief isthat he commenced raising ii in Int
month of June, 1916, taking Tor its bases the 10
pocraphical party, which had accompanied hin
frnm Missouri Tha, in The month oil August
I, Col Fren,on, and Com. Stockton being a
Los Angeles, the later gave to the former office
his instructions OF August 24lb; that in conse
ouence of those instructions, Il. Col. Fremon
ven, 10 the north. and increased his command
tina, about the 18Th Of October, 1t. Col Fremont
with such men as he had raised, LETT the bay o
San Francisco, in the ship Sterling to proceed ie
San Pedro; that when rear SANTA baTcara, D!
turned round and went back 10 San trancisce
and line Sacramento, al his own voii'on' ~ ID
crease his command, and as believe, wiinou
The o ders and contrary 10 The wishes or eSpecla
lions Of Com. Stockton He increase his CON
mand to about four hundred men, aid with lha
battalion thus increased, marched 10 Los Anse
los. where he arrived on the 18th OF January
le47.
The Judge Advocate, after recording The above
eYpIapalion of Gen. Kearny, read 10 The court a
parer, prepared by him, 10 the effect: That 81
mrcA o, the statement inst made bY Gen. kearny
rs contains his belief, and not his knowledge o
the facts stated that is, his belief that IL. Col
FIemonl's obedience 20 he ORDERS ol Com o,oca
ton was in consequence oi his preference 'oI
Com S, and his belief OF The circumstances al
lending The raising OF the California DAT anon al
OF which occurred before he (Gcn- k arrived IN
the coury-was no, evidence; and, also, lha; all
the eyt nee on this subject, elici,ed on The cross
examination IN which Gen. n. IN reply 10 the
questions. "Do you know or believe 7" had slate
his belief, was not evidence But, he understood
that il was agreed upon all Sides tina! The court IN
making lis decision upon this case, would dis
criminale between what was, and what was not
evidence. He then read the following from the
accused:
all. Col. Fremont respectfully iniima;es tc
the court, under advice Of his counsel, that wha
the wi,ness has sworn in relation 10 his belief oil
L.. CO.. Fremonl's reasons tor obeyine Com
Stockton in preference 10 himself, and his Other
testimony on his own belief, is not evidence, and
ought ~ be eypunged from The record bnt ne
vii! not make The Request, but will ask all The
right, CT defence which ali this additional and
positive testimony OF Gen Kearny gives 10 him
Judge Adyoca'e.-Wil you please lave the
court cleared. SIT 7
President Brooie.-Yes sill.
The cour, was cleared Upon opening the doors
the Judge Advocate read the following decision
"The court decided iha, lhe explanation OF The
witness must be admitted on The record. In
previous part OF The proceedings while this wit
ness was under cross examination by The accused
he was distinctly questioned as TO his understand
ng and impressions OF certain matters Collateral
70 The mater under trial. Ii was several times
in,imaie; 10 the accused hy the Judge Advocate
;ha, The enur .. hcse questions was irrelevant 10
he main >uhec; uEoc: rial, ''ui in reply The &C.
cuscd signG-d 10 he court is;at these matters
however irrelevant ihey might appear 10 ;ar couf'
wculd IN the sequel he found important 10 his he
fence
Under this declaration the court acceded 10
the wishes III The accused by allowing hose qnes.
lions 10 be put. The witness has distinctly stated
in a previous part If his examination, that he
had been repeatedly questioned upon matiers
about which be mad no personal knowledge, bul
mat he had, in spiri: Of good faith 10 the &C
cussd, stated all hat he had heard or understood
in regard 10 the matters upon which ne had been
questioned. The explanation oil the witness this
morning 10 no more irrelevant than his previous
testimony which he desired 10 explain, nor is il
more So Than The questions from the accused 10
which that previous testimony was an answer
That quessloo ana answer having been original
" introduced on The cfoSs-e1amina'lon, he Wit
ness has as untoah'ed & Tigat 10 explain il as
though the matef explained were within his own
knowledge. /: will be the duy OF The coua, al
The proper time, To decide what portion Vi The les.
limony which has been delivered upon il is rele-
want 10 Inc case, and what pa,' il any irrelevant,
and 10 dismiss from their MINDS That which has
rot been delivered upon proper knowledge oil
iacis, the more especially so, should II bear
against the accused"
Question BY The Cour'.-Afler The receipt Of
Com. S,ock,on's letter o! Jan. 16h, suSpendiug
you from the command OF the forces al Los An
c.los, did you continue in command Of any OF
those forces; ii So, what part Of lhem2
answer-l continued IN command OF the dra-
goan,, aad meme others.
Question By Judge Advocale.-!ou sail 10
your examination Of Yesterday, that Com STOCK.
ION was console ed by y1u as commander IN cher
N California, until lie had, Of his own accord, on
The % Ii oi December, turned over potion oi
lha, command 10 you; what portion oil thai com.
mand did he torn over 10 you, and OF what forces
was he ommander-in-chiel
Answer.-The sailors and marines, and the
few volunteer. were turned over By him 10 me on
The 29h OF December considered bin as CON-
mander.in chief over them, and over The battalion
of California volunteers, until The arrival oil The
latter al or near Los Angeles, when they came
under my command.
Ques,on.-D he a, any time between the l2th
of December, when you met him al San DIEGO,
and the 10th OF January, when you leit Los An
selos, assume, &C., Qhe balance Of the question
could NJ; calch.)
Mai. Geaham.-To thai question, Mr.. Presi-
dent, | object.
The court was cleared, and, in 10 minutes the
doors were again opened.
The objection was sustained, and The question
w3s not answered.
yudgc A 'vocalc.-The Court has no further
questions TO put. Have you any, Col. Fremont
Col. FremonL-No sir.
Judge Advocate Gen. Kearny you can re.
tire. Orderly, call Maj. Philip ST. George Cooke
Gen. Kearny retired and Maj. Cook appeared
Mai. Cooke.-OIdetly, bros me glass nj wa
Ter.
Orderly.-Yes, si, And, after the Major had
pariook Of the water, the oath was administered
10 him by lie Iud.e Advocate, who Then pro-
pounded the following eussion
Ques,i,n.-s;, IL a.la; commission You had 10
the service oi IT, Uni"i States, in California, on
the 25lh Of March, 10.
Answer hal II commission OF capita in
in the Isl dr., snuaS, AM as, had The commission
oil major, wiinou, my knowledge, in The ID ORA
goons. commanded the battalion OF volunteer:
The Mormon battalion under 40 appointment
of Lieutenant Colonel, from Brig. Gen. Kearny
Ques,iun.-What command were you eJsr
cisog on the 25,h Of March, BY assignment. o.
Gen. Kearny7
Answer.-The command Of the southern mi
litary department OF California.
Qaeston.-Was your authority in that com
mand resisted by Capt. Richard Owens, OF the
California baitaion2-ll so, please state all ihs
circumstances.
Answrr-on the a24ih Of March went oil
from Los Angeles TO The mission Of San Gabrie
with two staff officers, Ii. Davidson, OF The dra
! goons and assistant surgeon Sarderson; called
upon Cap, Owens. in his quarters; shortly after
| asked 10 look at the ordnance, the cannon-,h.