Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1847-11-20

which that previous testimony in answer That CUES
tan and having been originally introduced in the
exam. aon, the witness has undoubted right explain
ough the xplined within his knowledge
sit will be the duty of the Court at the proper to de-
eide what portion Of the testimony which has been delivered
before il irrelevant TO the ease, and what part of it, any,
relevant and to dismiss from their minds that which has
been delivered upon proper knowledge of facts, the
especially should il bear against the accused"
Question by the Court. After the receipt of Com Stock
toms letter you of the 9th January suspendng you
the command Of the forces Los Angeles did you continue
in command Of any portion of those forces and So
what portion Of them
Anacer continued in command of the Dragons, and
none others.
Question By the Court You said, in your examination yes
teray that Com Stockton considered by you as the
commander chief in California until he had Of his own
accord on the 29h December turned portion Of that
command 10 you y what portion of that command did he
so turn over and what forces did you consider him as
mander chief over
Ans,cer The Sailors marines, and few volunteers
turned over by him to the goth December. consd-
cred him commander-n-che these and the
talon Of California volunteers until the arrival Of the latter
Los Angeles, when they under my command
QUESTION by the Court. Did he any time between the
18th of December and the 18th Of January command
over you and did he oppose your marching away :
The residue the question lost the Reporter and the
question itself being objected to-
The Court cleared On its being reopened the Judge
Advocate stated that the Court sustained the objection to the
question which had been read and chat it could put
No further questions being propounded by the Court and
the crossenmnatlon having been previously closed General
Kearny was directed to withdraw.
Whereupon the Judge Advocate called for Major Philip ST.
George Cooke, who duly sworn
Judge Advocate Please state what your commission
and rank the United States service California the date
of the 18th March, ls47.
Ans,cer. had commission Captain in the lst dra-
goons and also the commission Of Major the I'd dagoons
but without my knowledge
commanded battalion Of volunteers (known the Nor
mel, from Brig. Gen. Kearny.
Question: What command you exercising, by assign
ment of Brig Gen. Kearny, on the oath March, ls47
Atcr The command of the southern military district Of
Californh.
ueson Was your authority in that command resisted by
Capt Richard Owens, commanding the California battalion !
Ans,cr. On the 24th of March rode from Los An
geles to he mission of San Gabriel accompanied by two staff
oficers-Leu Davidson Of the Dragons, and Assistant
Surgeon Sanderson called Capt. Owens at his quar-
tes shortly after asked to look at the artillery. He
showed hem to in the court of the mission, and OBJ
served mountain howitzers which believed had been
brought that country by the dragons.
had eceived verbal instructions from Gen. Kearny, by
Capt Tuner, to have them turned company c,
der my command and had before left town. ordered mules
and drivers be after them, of which fact informed
Capt Ovens He answered that could get them; that
he had received orders not to let them go out Of his hands
had good deal Of conversation with him, and endeavored by
every argument could think Of convince him that he
wrong He had told that he had the joint ccu-
AL
order placing me command of that district These read
him. Returning to his quarters, he showed order
signed by Lieut. COL Fremont the subject which letter
read He declined giving copy ofit As about
leaving he expressed great desire that should wait the
turn Lieut. Col Fremont who, he sad would very
soon and that nothing would suffer in the time. Re-
turning town, after a written order acting
Capt Wilson, commanding, understood, the artillery
company Of the battalion, to all the artillery and ord
stores in his charge officer would appoint
ceve them Capt Wilson having previously, in converse
on informed that the artillery under his charge and
gave understand that he would turn it over to me if or
dered Next day. think, received an official letter from
Capt. Wilson stating his for declining
Judge Advocate Is that the paper which you refer
Anscer. This the paper and il enclosed another from
Capt. Owens. This also shown the Witness and the
paper and its enclosure read as follows
"CIrDAD DE Los ANGELES, MARCH 25 lS47.
SIN i hav referred your order of the oath
my immediate commanding officer who declines permitting
deliver the ordnance and ordnance the Mis-
sion Of San Gabel have the honor enclose you copy
Of his instruction; me.
"Very respectfully, your obedient servant,
"JOHN X. WILSON,
Capt. Ant. and Ord officer Calf'a Bat.
"To Lieut.. Gil. p. ST. G. COOKE,
"Commandng Southern Military Depart"
"MrssroS SAY GAnn1rL, MAncH IS, ls47.
"SR From the Of the instructions have recev-
permit you comply with the orders you have referred
officer whom LieV Col Cooke may appoint.
every respectfully your obeden servant,
'R. OWENS,
"Actng Commandant Of California Battalion.
"To J. r. LsoN,
"CaPt. aailery and ordnance Calif'a Bat"
Question. Have you any thing further to say
Anscer. have not.
Question. Whit Department order do you refer to
Ans,cer. To department. order No. ., dated March L.
printed copy Of this order shown the witness and
admitted TO be correct It is as follows:
/" ORDERsl H,DaUARTERs TENTH MILITARY DEPT.,
No. 2 ! Monterey, March l, l847.
With view TO regular payment il is that the
battalion OF California volunteers under the command
Lieutenant Colonel Fremont the Army and stationed
Cudad dc los Angeles, il originally under the
Law Of May lo aud the supplemental law OF June 49, 1896
should be nov mustered into service under those laws
This muster viii be made by Lieut. Col. Fremont
Should any OF that battalion be unwilling continue in
der 4uky,g.