Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1847-11-13

The Judge Advocate here said the rules Of proceeg
Imperative and required that all discussions in Court
should be had with closed doors.
The President here suggested Major Grahau that he
could offer his resolution let it be received all the dis
cusson upon it. if any, be had afterwards
Major Graham said il his WISH if the resolton was
received in open Court that any remarks he nightmare
support of it should be made in open Court also
The Judge Advocate again referred to the rule
Whereupon the courtroom cleared
When the doors were again opened
The Judge Advocate stated that after mature 6nsidera-
ton, the Court had sustained his objection.
Leave being granted the witness proceed in k expla
nation, he observed he had nothing further to say.
The Judge Advocate here stated that he had pa read
to the Court and he thereupon read the following
81 am compelled to give notice to the defence tit must
hereafter ask the Court restrict the exaaton to
matters which relate to the under trial Ihaydeen able
to perceive the orce and effect OF but very small rion of
the testimony ELECTED by the Id Of far
the greater part have not the relevancy all was
unwilling, however, to raise objections, is olt difficult
10 oesee the bearing of testimony and the effect tohch IL
may be tending but does to that the crs exam
nation IS divergng as continues subjects bore and
more remote from the charges. perfectly await that no
technical or equivocang defence intended tha the de-
ience means to upon the substantial equity anhonor Of
the charges and that they ought to be allowed utmost
latitude proper Still the evdhce must
be confined within the limits of law and practice Te events
In California which have connexon with thesebhaIges
the conduct and motives OF actors there who trial
here, cannot be developed by of this proceed This
trial specific charges trial upon other chges has
been denied, the defence have made public Il dn only
be regretted regards the wishes of those seek
general inquest into the military events of California that this
form OF proceeding this trial before martial on specific
charges cannot admit it. must therefore, ask that the de-
fence be confined within reasonable limits My reluctance to
restrain the range Of the evidence for the defence has been
manifest and testimony too widely irrelevant has been admit
My m rDntIy tha
of is continued, shall be forced to
take the of the Court each question it is offered"
The cross-examnaon of the witness here resumed
Question You said, in reply formerly given by you Tit
was in reply to this question, Is that paper the original
letter received by you from Lieut. Col. Fremont And if
SO, when where and under what circumstances pre-
scented you ~ the day subsequent on the l7t
of January, Lieut. Col Fremont my quarters" .Dt
he of his head Gas your statement impes) die
you invite him
Arasuer / have no recollection of having invited hin
TO come.
Question. Is this paper original
Ans,cer That is my writing and that is my note
The note read follows
"DEAR COLONEL | wish TO see you on business.
"JAs. IL. s. w. KEARNY, Brig Gen."
Question. At what time of day was that note written
and sent
ARstcer. presume it was in the morning.
Question. In your direct examination you speak Of clerk
who brought in Lieut.. COL Fremonts communication Of
the 9th. ["About this time person entered the room
with paper in his hand which Lieut. COL Fremont took
overlooked and then used the pen upon my table sign it. y
Who that person
Ans,cer do not know had seen him before, MOI
do know that have seen him since.
Question. Was not that person Mr.. Christopher Carson
Ansrer think not.
Question. Do you know the composition Of the California
battalion, in which you directed that change should be
made
The Judge Advocate here nterposed. do the
levancy of this question.
The President do see its relevancy unless it shall b.
explained by the accused
Lieut. COL Fremont here stated that this question belonge
class of questions which could be waived the bcnef
of all which the accused asked for
Judge Advocate. withdraw all objection.
Ansacer. do not. 1t composed partly Of artiler
and partly of riemen--all mounted What proportion
them artillery do not know
Question. Were there naval officers with command
in il
AnStcer. would state, in continuation Of my reply 10 tn
last question: that when the battalion marched into Los An
gees there a number Of the foot, who, be
Ieved and understood, had lost their horses.
Question [repeatedl Were there not naval officers wit
commands in ii ?
Anslcer. There were.
Question What naval officers
Ans,oer. Mdshipman McLanc and Mdshipman Wilson
have no recollection of others
Question Was not Capt. Gilespes company part of it
Insurer. Captain Gillespie had marched with from Sar
Diego TO Los Angeles, and serving under II his
company with the California battalion did not know it,
Question. Were the land services of these officers al
end with the termination of the expedition
Anstcer. know
Question Do you know whether Capt Gilespes COM
pany officially reported by the acting assistant Adutant
General Emory as part Of the California battalion
Insurer. do not.
Question Did the Of that battalion consist in part
of emgants from the Sacramento valley, who had left their
families and and joined battalion for the expedition
only
Anscer. know not. But think that understood that
part Of the men of the battalion engaged for the
petition
Question. Do you know whether the officers of the bat
talon raised il and marched under commission from Com
Stockton
ARscer. have always understood that Lieut. Col. Ere
had raised that battalion under the direction of Com
Stockton.
Question: (repeated) Do you know whether the officers
Of the battalion raised and marched it under commission
from Com. Stockton
Ans,ccr. lido not though always understood SO.
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