Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1847-11-16
is full 10 the question.

y,
those papers TO Inc on the 14th, but ON reading
his lelrer 10 me, find il was on The 5th OF De-
cember
Major Graham.-Mr. President if in order, |
would ask Tia, the DOCUMENTS alluded lie be read.
Judge Advocate IRE has been no evidence
OF their conleuseiy q they need mol be read.
Major Grahah. ink, sir, the evidence
Does Do 1e sIl'ds to and ii So they should
Col. Long Get the evidence be read over
And il was read over
Major. Baker.-There is no allusion to the
coniens oil the paper.
Major Graham.-l think there is, sir, and that
they should lie read merely asked The question
If il was in order, that they might be read.
Gen Brooke Il DO not think there is anything
improper in the evidence.
Mai Graham.-l have not said that there was.
The examination was continued
questionable not Com. Stockton, in thai
communication, inform you that Capt Fremont
had been appointed Major, and that Ii. Gillespie
a Captain, by him}
Judge Advocate. Gen. Kearny, have you that
paper with you2
Answer.-Il may be among my papers in this
city; bu, think il is with my papers III Missouri.
II a copy OF il were shown me, should femem'
Der il.
Lit. Col. Fremont, here handed printed copy oil
that letter 10 the Judge Advocate, who showed II
10 Gen. Is.
Judge Advocate.-The words "lhat commune
cation" reer 10 the letter 10 The department.
Gen. Kearny.-I understand The words THAT
communication" TO refer TO his letter 10 ME, and
not his dispatch 10 The War Department;
Among The papers sent 10 me by com o'ocH-
ION on Dec. lG, was copy Of his letter 10 the Ma,
w Department OF August rs, lS46. The second
ph ~ tuhp
ed a Californian battalion o. mounted rihemen,
by The appointment OF all the necessary cincers,
and received them as volunteers in The service oil
the United States. Capt Fremont was appoint
ed Major, and Lit. Gillespie, Captain OF The bat
lalion.5 That letter, as printed in House Doc.
No. 10, page l06 believe 10 be copy.
Major GIaham-What Congress
Gen. Kearny.-The last session. mean true
copy OF The paper he sent 10 me.
Major Graham Ought no, The whole letter be
read7 Can part OF the document be entered On
the journal, without The whole Of il
Judge Adyocale-l think il can, sir.
Gen. B!uoke and ohrIs-It is not necessary
ha, the whole should be read, or entered on The
record. Gen K. has only made part OF the lei
ter a part of his evidence.
Major Graham insisted, and the court was
cleared for delberation.
Ailer some time in closed session, the court
was opened, and the Judge Advocate announced
thai The couIl had decided The whole paper should
be read.
Il was read accordingly. 1t was Com. Stock
toms siter 10 Secretary Bancroft, dated August
28lh, announcing the conquest OF California by
his forces, and that he had accepted some voiun'
eers in California 10 aid his force OF marines
and sailors sc.
Question Did not Com Stockton inform you
a, San Diego that California had been conquer
ed in July and August OF the preceding year; that
an instruction had since broken Out in The north;
that he had sent Col. Fremont 10 the Sacramento
country lU prevent lis spread, and 10 suppress il,
and that he was only waiting 10 hear from Col.
Fremont while ne would march up himself 10
Los Angeles, and that the forces would be COM
bined and would hold The cuunlry2
Answer Con. Stockton did inform me in The
conversation alluded 10, that California had been
conquered in July and August OF The same year,
(ISl6-lhis conversation was held in December.)
il~ 49,. M Nor Erriuvut had gone 10 The
North 10 raise men and increase his command,
(Judge Adyocste.-Ol his, S,ockton;s, commando
Gen. k.-No, sir, the command OF yolunleers)
by raising men near The Sacramento. did not
understand him 10 say that il was done by his
(Com. S.'s) orders, bul undersIoud-that is The
impression left on my mind BY The conversation
that Lieut.. Col. F. had gone back from The
neighborhood oil Sanla Barbara 10 raise those
men and 10 increase his command by his own
vcliiion. have no recollection OF the other part
OF the conversation alluded 10 in he question
whatever. mean that part commencing, "While
he would march up" &c, 10 the end OF the Ques-
ton.
Question Did you know that CON- Stockton
sent gun. boat 10 command the maritime pass
OF Rincon, and that Lieut.. Seldcn commanded
that gun-boai2
Answer. have always understood that such
was the case. do mol know it personally.
Question.-Do you know that Com. Stockton
sent or procured To go with orders TO Lieut.. Col.
Fremont, in his march down, Captain Hamin,
OF the whale brig Sloninslon, and that he over
took the battalion between The pass Rincon and
San Fernando and going through the enemy al
night, and delivering the orders2
Answer.-Capt. Hamiin, think, was with US
nome lew days after we le San Diego, on our
march TO Los Angeles; he LETT US, and under
stood that he had been sent by Com. Stockton 10
Lieut.. Col. Fremont; for what purpose or with
what orders never understood, but presumed
Judge Advocae.-Gen. Kearny, | wish you
to answer all the ques ions upon your own inlor-
nation. and not upon hearsay. have no desire
TO prevent your going into explanations, but
wish 10 confae the testimony 10 The point as much
as possible.
10 me- OF which have no personal knowledge
whatever but in order 10 answer The questions
OF the accused fairly, have endeavored 10 Stale
what understood in California 10 be The truth.
TAT This stage # The proceedings, Lieut.. Col.
Fremont handed 10 The Judge Advocate number
OF documents, accompanied with the following
paper which later was read as follows:
Lieut.. Col. Fremont proposes to found series
of qucs,ions upon papers produced, but is willing
that The papers should be read 10 the court that
The witness should testify as he deemed right as
TO any part oftheir contents, and that afterwards
he might be Intercepted By all who Fave right
10 put questions Lieut. COL Fremont proposes
this for the convenience OF the court and witness
es, and 10 sGpercede nerrogaorics founded upon
papers before they are read. dc is willing that
The witness shoulj know the contents OF papers
heflre he is in.crrosated and before he answers
The papers Lieut.. Col. Fremont produces, and
on which he would found questions, arc neither
his own nor originals, nor in his exclusive pos.
session, but he makes no legal question, and is
willing that the papers be read as intimated.
After the reading Of the above, the court took
a recess of ten minutes; al The expiration of which
time, The Judge Advocate informed the court that
he had no objections 10 the course proposed, but
hat he would omit The first part part OF one OF
.hem-a dispatch from Com. Stockton as il con-
tanned matter that WOulu Dc uHpledSdHt W ocH
Kearny. he had been requested to do so by the
accused.
Gen. Kearny nodded his assent that The whole
might be read.
Major Graham asked if the whole ought not TO
be readl
The Judge advocate stated what the character
and nature of the documents werc2
A member Of The Court though! The whole
should be read
Gen. Brooke inquired ol The Judge advocate If
he knew what the papers were7
The judge advocate said he had stated 10 the
court the nature OF the documents.
Gen. Brooke.-Have you read lhem2
Judge Advocaie--l have not, sir.
Gen Brookc.-WelI, then how canyon tell the
court what they contain unless you have read
lhem7
Col. Long moved lha, the court b: cleared,
which was ordered.
Al the opening Of the court the decision was
announced thai they would receive no papers in
advance of the testimony, and that if questions
be nut upon papers, the proper time would then