Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1847-11-06

desires 50 far depends him, to conduct the prosecution
in the same spirit LII - IL ;no,.n, i |
tho history Of California and would render the record OF this
CouT full report all the late military operations IN that
territory, yet would have no eonneAloa WIN ee
IN those matters evidence TO oler IN regard TO them
and can have part in any such inquiry Being not con
eced with these charges, or with the interests oil me prose
,; inc conduct Of which has been imposed on him, he
leaves il The Court consider and judge how far they Will
nroceed IN such Investigations. He will content himself
ybeneyer bis duty appears him to require it, with intma
ing 10 the Court that the inquiry Is not relevant
Gen KrAnsr expressed wish TO make some addition to
his testimony given yesterday his examination in chief
The gave its assent and the Judge Advocate said ne
proposed suspend the cross-examnaon OF Gen keany,
and resume his examination chief which agreed to on
all sides.
But previously proceeding with the examination, Lieut.
Col Fremont permitted read his reply 10 the objection
10 the question put by him yesterday to the purpose and re-
eyancy the neuogatoy last put by him IN relation to the
loss and recovery of certain cannon.
He then read the following:
Mr. President The object Of the question put by and
objected TO- show that Gen Keay lost cannon at San
Psscua and that recovered by IN the capituaon
of Couenga and that recovery never fePofeu ny oe' Mar
ny TO the Government.
conceive the question to be both relevant and material
relevant because refers to fact supposed to have occurred
10 Gen keany the military execution oil his orders anu
material if the to the last clause OF the inter-
rogaory and succeeding question which intended TO
put should be above supposed by may be crcum
be used in the Defence and for the Court to Judge OF
in a future of the proceedings
The loss of grief in all armies the recovery
is subject Of exu,aon. The loss often without DIS
credit the recovery always with honor They trophies
which side is proud to take and the other TO recover
The loss and recovery of these trophies point oil honor
independent Of the value Of the thing and tor which brave
men die The loss is always excused and amented the
recovery is always reported and celebrated If in the case
supposed by the question, recovered cannon which ue
Kearny lost action, and that circumstance came 10 ms
knowledge and he reported il the Government that
omission report fact material TO may go to show the
state of his temper toward and be used in the defence In
the impeachment the motives and credit OF the prosecutor
The object Of the question is certainly not visible to the
Court as il now stands, and am willing to modify 1T so as
TO show the object and the Court the trouble OF decision
Nv counsel advise that have latitude in cross-ex
animation bring il circumstances from distance that
bear on the case eludate its merits and aid the defence
and considering shown ii f ntfts Before knew
that mi was concealed from during all that tme and
only made known the Of is execution the from
tier of the United States that here on the coast OF the
Atlantic, to be tired for imputed offences on tne coa %
snony from that theatre while the prosecutor
attends with train Of witnesses, brought by himself above
three thousand miles, testify against considering this
my counsel advise that entitled the widest latitude
that Is granted in cross-examnaon. But will
stretch that latitude, give trouble to the Court and al
though advised by counsel that have right in this cross
examination either to lead the witness the object have
view, conceal il from him, yet will in every show
the object the Court when desired therefore will at
waive TO the question put and another
the form following
q Did you lose the action nj San Pascua and
that recovered by Lieut. Col Fremont and the
California battalion in the capituaon Of Couenga and did
you know OF that recovery and report 10 the Govern
ment :" ]. &. FREMONT,
Lieut.. Col. Mounted Rdemen
The examination in chief further suspended in order
that the Court might decide whether the last nteropaory
proposed in the crossexamnnon by Col Fremont
captured cannon should should be put 10 the
witness
The Court accordingly cleared and, after delibera-
ton, the doors being again opened
The Judge Advocate stated that the Court had allowed the
question be put and read its order in the case follows
The Court informed in the opening the cross
examination, that il the design Of the defence impeach
the motives OF the leading prosecuting witness and now that
objection has been raised to this particular question: the Court
find occasion 70 express their opinion that competent for
the accused 10 show the motives Of the witness only SO far as
those motives afford ground TO impuie perjury him
witness, or TO raise reasonable presumption that such
has cooed his testimony against the accused any in
quy into motives not for this purpose, and having an
apparent tendency dscredi the witness is not admissible
The Court would be very unwilling assign in advance
the limits TO which the evidence for the defence may be car
RED IL clear however that evidence can be useful 10
the Defence proper be received By the Court which does
not tend to dsproye the charges directly dscredt some
witness, or TO 60 IN mitigation"
The crossexamnaon then resumed and the question
witness in the words following:
Did you lose a the action at San Pascual and
was that recovered by Lieut. Col Fremont and the
California battalion in the capuaton OF Couenga and did
you know of that recovery and report the Gov
: eminent :"
The Judge Advocate reminded Gen. kearny that the OBJ
ect of putting the question had been 10 eynce
malicious motives bis part toward the accused and
his privilege TO Would he answer the in
terogatory
The witness said in reply There question which the
TO
The inenogatory having been again read
nscer At battle of San Pascual the dragons under
the command of Capt Moore had howitzes under the
charge Of subaltern. At the close The action
after the Calfornsns had been routed and were reren,nr
the officer in charge Of the howzers brought them to the
'front.' and before they could be turned round and numbered
TO be fired the retreatng enemy the mules be-
fore Of them became alarmed and off following the
enemy, and by that means the piece lost We or
gained expedition in the latter end Of December at San
Diego, TO march 10 Los Angeles assist Lieut., Col Fremont
and it organized in consequence believe Of this
paper, which is copy Of letter from Commodore
Stockton, and which now offer 10 you.
1t dated San Diego September o. 1916 The letter
could be procured by the Reporter but s substance