The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-11-28
Court Martha, OF Lieut. Col. Fremont.

Court Martial OF Lieut. Col. Fremont.
rwESrIKrH
WAsHInSroN Nov. %, lSN
Bright autumnal morning Potomac river high nom
the rains Of thu last three days Court met at ten All
Cross-e1amination Of Major Philip 81 George Cooke
concluded. Lieut. Col Fremont submitted paper 70
the court BY advice Of his counsel eAhions sSs
OF the question propounded IN
20 the challenge to a duel in California between Col
Mason and Lieut. Col Fremont wsh SUuoS :. iii; .
pendiug The accused contends for the relevancy OF
the question Importance to the defence, not
withholding it had been previously rejected by the
court The accused would, however, reserve this
matter to the general defence, aud would hereafter
should bs raised thus saving to the Court the delays
of deliberations with closed doors upon doubtful inter-
sctsd ali other matters deemed to be of Importance to
the defence, to another stage Of this trial.
The Court cleared for elaboration upon this
document and after time devoted to the merits Of
subject in secret session. the door opened but
announcement was made II the conclusion Of the
Court upon the matter they had had under considers
@ Did you charge Don Jose Antonio Cavillo, Zone
the officers of the with in
conspiracy with Lieut. Col Fremont and with having
engaged furnish him with 200 California horsemen
end did you not threaten to imprison him (Cavc) for
the same!
A. No.
In your postscript to your report to Gen. Kearny,
you say, II informed by Capt Owens that there
at least one hundred horses at San Gabriel The
Adjutant said he knew there hundred and fifty
mont was ordered to proceed on q march with those
and that when about proceeding the best Of the
horses the choice and pick Of them were taken from
A. When Lit. Col Fremont settling up his affairs
at Los Angeles that is turning the public property
to COL Mason, quite number Of horses were turned
over There was considerable delay In getting the
whole Of them that turned overthey were not all
turned at time. The best were assigned Com
pany c. first dragons, and large number were sold
for tribe, being found to be in very bad cond
Col BrSror-state the probable price at which they
were sold.
Major Coorr.-I think many of them were sold for
@ frhe question respecting the horses put in
extended form but read too rapidly by the Judge
to be caught by the reporteror
in the briefest hyeroglyphics.]
A. In of Colonel Fremont's interviews with Cole
mel Mason ut Los Angeles in April last In answer to in
quries public horses Colonel Fremont said that he
had sent about hundred and fifty sixty thnB,
10 an
rsncho-not ranch]-that he expected to return to
Monterey, aud to these horses In surveying some
southern route to the United States the ella, think
don't know to what those herses belonged at that
time Colonel Mason did not assent to IT, or probably
reduced their number to sxy-this is to the best of
rscolsoton and have not clear recollection Of the
last part oft whether these the same horses or
Of them that sold afterwards by my orders
do not know, and had no opportunity to know:
Q In your official report you say, 'if these Americans
msnt what dangerous impression must have unavoida
bly, been impaired to the late enemy who surround US
who galop over the country armed to the teeth and
many Of them with weapons taken in battle from our
troopsn Now will you state where those arms were |
there any other taken than those taken
at the battle Of Pasqusk
A. My whole answer must be by hearsay, founded on |
common report. The weapons which alluded to were |
sabre taken in battle at San Pasqua suppose from
men that had been killed Gen Kearny commanded in |
that action. | not that any had been |
in battle elsewhere by troops in California
though there might have been in Captain Burguins
defeat Los Angeles which is the only battle that
remember OF troops being engaged in except under
the orders of Gen Kesrny The siege of capitulation
nf c;,vbt ho al hv hattIa
and II am not mistaken, some arms artillery
surrendered on that occasion.
Q. To the effect, when you delivered the verbal Or
ders under which you might have crushed the resis-
tancs Of Captain Owens but for fear OF revot
not Lieut. Colonel Fremont In command Of the Cafor-
mia battalion. and did you hold this verbal authority
to crush resistance" as applicable to Lieut. Colonel
Fremont?
Of Captain Owen yesterday The verbal order alluded
to might be considered giving higher Importance in
my view to the object to be attained which
ment When those verbal orders were given and when
they received, Lieut. Colonel Fremont in the
nsighborhood, believe Of the California battalion but
calling himself Governor; do not know whether he
tually commanded 1t or not. received, at the
placing in command Of the district but 1t did not
include the command Of that battalion prior to their
being mustered into service
q. In saying you told by Gen. Kearny, or
any else Of his intention to arrest Lieut. Colonel
Fremont, did you mean to say that you make diffs
between positive and indirect testimony between
ocisl and unofficial; do you to say that you
had no of this case until the subpoena or or
cleared after Objection desire to answers motion to
withdraw question finally put.
A. Gen Kearny refused my application to return to
the United States till in private letter made q very
appeal, which believed he could not resist, to
turn to join regiment in the South; he assented
very short time before my departure In coming down
the Missouri, sought information the point my
being witness in this and the only satisfaction
got Impression that If 1t Col Fremont tried
shortly at all 1t would be exclusively documena-
ry evidence owing to the great delay which 1t anti
forna went to Vera Cruz under expectation that
I would be recalled; and when | received the order
from the Adjutant General 1t with very great
prise.
@ You have explained the character OF the arms
referred to In your report as being in the possession Of
A. few sabres; that s saw two or three-no more,
myself
was about being discharged
Col. CHuRcHILL.-Mr. President, have you done with
this witness?
In conversation Capt Cooke made his exit
CAPT. H. TURNER rn-Eratcinafion in chief
Angeles to convey orders to 1t Col. Fremont II So
what orders, when you delivered them and what 1t Col
Fremont said to officially In reply to the orders you
A. was sent by Gen Kearny to convey orders to 1t
Col Fremont at Los Angeles. 1 do not recollsct the
number of the order. think however it was Depart
ment order, No. ., but am not certain | delivered
them about the 18th March. Col Fremont replied to
me the day after delivered the orders, and then in
formed ms that he would the next dsy to the
mission of San Gabriel to execute the orders.
9 Is tina. copy Of the ORDER Paper shown
1t goes but it is not the whole order think 1t all Of
the order that referred to 1t. Col Fremont
torder read, as recited in the 18th specification, LIST
q Was this oircusr here shown to you, delivered to
charge
CrO,s examination BY Il, Col Fremont -[Col FIRE.
mont passed up question, when Major Graham desired
the official rank OF the witness to and re-