The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-11-13

sent all letters not duly called for after advertising
shall be taken up opened, and returned to the Once
pronune iamento to-nght The next Of Old Cave
viii probably be discretion to his deputies to open al
letters whatever p. NJ. g.
Court Martial or Lieut.. Col Fremens.
NINTH DAY.
wA.Hlscros, Nov. II, ls47.
Court met at TO- A. NJ All present, including Lieut..
Jones Record read. SO
Cross-eramlnation of Gen KEARxy resumed from ys,-
Com Stockton, in his conversation with you @ San
Diego In December a6, tell you that II not open
mont and had sent his recommendation TO tho Co.
vernmcnt for Its approval dissppI and that the
60 him. and had you not intsrierred with the express
would have have been received by the middle OF Jsnua
ry IF not, what did he say?
A. have recollection whatever Of having had but
one conversation with Com stockton on the governor
ship Of California that conversation was At San Diego
decentralization from the War Department s and
California that had to California with but small
military forcethat Difference and respect to stus-
ton he being then in OF the Pacific rquadron
and having large force Of sailors and marines prevent
ed at that time from relieving him. and taking
charge Of the civil Of the country that g
soon as my command was increased would take charge
Of affairs In California, agreeably to my Instructions
Com Stockton made reply that he had in tbs month
Of August reported the state Of affairs in California
Washington and that he would not permit himself to
be interered with until he received his
mentioned the Of Lieut. Col Fremont In the
versaton but he had previous the conversation sent
the Navy Department stating that he intended sp-
pointing Lieut. Col Fremont Governor Of the territory
Of his despatch to the Navy Department.
A. reached San Diego on the i2th December; on
IN the Of sooSson for h I'm
formation On the 10th he returned them to me- with
VI @ from himself and with them copy Of
ter that he returned these papers the
14h but from his letter to me nnd 1t the 10th
Here Maj Graham raised the question Of reading tho
letters referred to- but the Court ruled that not
| now demanded by the rules of evidence
| z Did not Com stockton in his communication state
that Capt Fremont appointed Major, and Lieut..
| Gillespie, Captain in the California battalion
| JuDoE ApvocArE-Hav you the paper, sir'
have no. t may be With l,! some Of my papers IL
were shown TO me would knowit
Question propounded again respecting the Major and
Captain.
A | understood the " communication ~ to refer to
Com stocktons letter to and not to his letter to
the Navy Department
document, No 10 last session placed in the hands Of
Gen Kesrny opened ut the place OF the official letter In
question
JUDGE ApvooArE-Does 1t appear 30, sir,
A The paper sent to to me by Com stockton {, the
Department August 2sth 1886, the second paragraph
Of which states that he had organised the California
battalion OF mounted rifles with the apo ntmrnt Of all
the necessary officers and had received them as volun
teers in the service Of the United States that Captain
Fremont WAS appointed Major, and Lieut.. Gillespie
Captain Of the battalion The letter printed In House
document No 10 st session page 1885, believe to be
| a true copy of the paper he sent to me
Major Graham asked The reading Of the letter. A
\ question raised. The court cleared-and ON
the reopening In half hour the decision OF the
favor Of the reading OF the letter
Letter read, dated Ciudsd de los Angeles, Aug osth
1886 being report to Gov Bancroft Secretary Of the
Navy of the conquest Of and civil government sstab
shed In California, Sc &C., signed X. +. Stockton Co.
| &c.
q Did not Com stockton inform you at San Diego,
in mharf mt Call In IvSi-
August Of the year previous and that an
in.1rrecton had broken out, and that Lieut. Col Ere
had gone to the north suppress It, and he
Com Stockton, to meet Fremont that the move
ments TO be combined and that he would march
to San Diego and only awaiting the approach Of It.
Col Fremont 10 begin his movement?
A Com stockton did inform me in the conversation
alluded to between that California had been
ed in July and August Of the same year He told mo
that Msor Fremont had TO the north to raise
increase the command by volunteers from the
mento did not understand him to say that Il was BY
his Com Stockton) orders; but understood that 1t
Col Fremont had gone back from the northward TO
Santa Barbara raise these increasing his com-
mapd by his own volition
Gen KrARNv had recollection Of the oonvsrsation
referring to the combined movement spoken Of In tn
question
and the march OF the battalion a the pass OF the
command Of the gun boat
A. had always understood such to be the case but
q Did not Commodore stockton procure and send
with orders Colonel Fremont Captain Hsmlin OF the
St0nlDgtOn, COMMAND
tween the Rincon Pass and San Fernando going through
the enemy in the night, and delivering his orders!
A. Captain hamlin met US, think, some NV days
lie left us and understood that he had been by
Commodore Stockton to Lieut.. Colonel Fremont; for
what purpose with what orders never understood;
! The Jupor ADVOCATE reminded the witness that he
/ Grs Kr.rSy said his object was 10 answer the
questions put fully In good faith to the accused and In
the absence Of direct knowledge to give his understand
up ,eut col Fremont proposed to submit series of
papers upon which he should ask series Of questions
Of The witnesses He willing the papers should
at once the court and that witness should he
desired read them advance Of the testimony. They
public papers, Nc.
Recess Of ten minutes
The JupoE the assembling ofthe court
raised legal question, the reading Of the papers
and the court was cleared Its discussion Court de-
oded not TO read papers that have direct bearing
the testimony before the court.
O. Did Lieut. Col Fremont report his armistce OF the
l9th January TO yourself or to Com Stockton
A. lie did not send II TO me but prerame he sent Il
O. Did he send the Of the cspuation Of the 18th
u you or to Com stockton
A. lie did not send II TO me, know not whether he
O. DO YOU know whether he (Fremonp sent Colonel
Russell to Los Angeles on the rS ~, 70 aseer,n who
which he the bearer to the oommandsr-in-chef OF
the forces
the arrival as think. OF Lieut. Col Fremont aud his
battalion What his object was in coming in sdvsncs
OF Lieut. Col Fremont he never told me, nor have to
this moment understood.
q. Did Lieut. Talbot adjutant 10 Lieut. Col Fremont
write you the 18th OF January for LIEU Col FREE
mont, and do you know II he Lieut.. Talbot, Is now in
Mexico
A i do no. know Lieut. Talbot by eight; II should
see him this moment should not know him.
q. Do you know " he ie now In Mexico'
A. I do not know where he is
q. Who brought that note [l3th January last from
Fremont to kearny
A. do not remember.
On HE arrival at Los Angeles did or dd not Lieut.;
Col fremon, first report 10 Com stockton aud then cell
in the afternoon upon you =
Cen. KEAnNy-i know not. lie called upon ms, out
when and what time, he called upon Com stook'on
whether before after his VISIT TO fne, KNOW b.t
a. Did not Lieut. Col Fremont on The lStn January,
urge you TO HAYS personal IN eryew VIA Csn sloek
ton and syprs,s the hope that the eSstlng ticalty
could be settled between you liam, 70, p,.mo.t ss