Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1847-12-03

vale letter from General keany, received by
him al ST. Louis, in The early par Of October;
tina! he was rresenI Fl he conversation between
Lieutenant Cunnsl Fremunr ana General Kcar-
NJ, a. Monterey, by request Of the latler-,hat he
never heard any ming said by General Kearny,
whether The trial was 10 proceed on documentary
evidence, @. whether they were 10 wait for VII
nesses from California
Wa ,iIlNGroE, Nov. 81, 1917.
Mr.. Edward Byrant was then called ior the
prosecute j. and was sworn.
The 'ddge Advocate remarked, that he had
sworn this witness, bnl had no questions 10 ask
him. and turned him over 10 the dcience.
In answer 10 a question by the defence, lie re-
piled that he had advertised lands ani lots lor sale
by order OF General kealny, in California, but
did not sell, because the lime bad not expired be-
iore.he cl lie did not &C, under General KS
orders, but BY his permission. That whilst al
San francisco as Alcalte, under appointment Of
General kearny, he granted and sod sevcral lois
OF aroald, without any order from Governor
keaTny, but Under The usual pOWe.s and anlhoIi-
ties OF an Alcai.ic; that alter the pro lamation Of
General Kearny, dated March Isl 1877, admins
tered justice and easeavoreiIo ccaiorm as near
ly as | could 10 he Mexican laws and customs
The proclamation was hen read. II has been
published often. Ii is The ono where Gen. K.
abso!vss The Calilornians from their Mexican al.
L.. Col. Ffemon! then stated 10 the court as fol.
lows: Mr.. Presdent.-TEe object Of this inqni.
ry is 10 show that California was lett without any
known la" after the proclamation o! Gen. kear.
ny, OF March Isl, 1917, aud that The alarm Of the
people, in consequence, was one OF The causes OF
discussion, bordering towards nsunection, which
then existed, and 10 aiiay which was one OF The
causes oil The extraordinary ride by Ii. Col Ere.
mont from Los Ange!us 10 Monterey, l847 and
II. -. l... tsoI
executing au order Of Gen. kearny.
In reply 10 further questions, Mr. Bryant re.
piled that lie did not consider That there was any
essential Change. in he laws and Jurisprudence
Of The county, in consequence OF that ploclama-
ton; bu, The change Mentioned in The proclama-
lion vas prospective and never took place lie
Supposed when he accepted The Office Of alcalde,
that in Ii short lime there would be a written SIS
TEN Of laws, in the forming Of which the people
o. The county would participate 10 some extent;
ard iha, until that took place, and was authorized,
he supposed he was 10 administer justice accord
ing 10 ;hn Mexican laws an. customs as Tar as he
could ascertain. He did mol consider them rs
citizens c The United States, although they were
absoIyci IRON all allegiance 10 the Mexican go
vernmeni, bul as he had before remarked, but
cons tcrst The proclamation rs prospective.
Qoesion. Dill you in your capacity ul Caii,
or iIcalJc, cousi.cf The capilulaIion q. Cowcnda
IN lorcc after the taic Of that proclamation 81
General KeaGny Of March Is, and did you con-
slider il absosa,rd b. that proclamation?
Answer.-l considered The acts al Gen. kear-
ny as authoritative upon NJ, As tail Legal aaiho-
ri.y; and il there was airy conflict, which ] ne.
yer specially noticed, lc!wern he TWO documents,
| would coasiief lie capi;u!alion abIasaiel.
Here The cross examination II Mr. &. was
closed; and in reply 10 question from the Judge
Advocate, he stated iha, there were rumors OF dis
content. ye.gin2 on instruction among The POO.
pie OF California hu. from what caus" he never
understood, ard did not know lha, il was auribu-
liable 10 that proclamation.
The Judge Advocate ie!e ino'm Il The accused
that all he witnesses summoned on The part Of
The prosecution had been sworn and examined,
9Th hr exception q! Dr. Sa1dc:son, Maj. s'a.r,;s
and Hen w. P. Hail, The lauer Of when was aat
in The CT T. The accused replied hat lie had no
SS@a,js as Il Pnt g cl;hsr Dr. saalcfson o Nal
saoui be called when nc arrived in town.
The Judge Advocate and Lieut.. Col Fremont
Then agreed upon the authenticity Of certain do
cumenls sci forth in the specifications, when the
Judge Advocate announced that the evidence for
the prosecution was closed.
Licu'. Col. Fremont then rose and read a state
meul oi considerable length 10 The court, calling
attention. 10 The tact, that The accused and r!lnci-
pal v;iiacss in this case, has, On wo occasions,
vouched Lieu. W. Il Emory, Of the Toposrap phi
lea! Enain' efs "a able TO testify Ia an important
point. 70 which both the court IN. he defence
have di.ecc,. questions; that h was il immcdi'
ale connection with the accused, and promi-
ncnt actu. and witness OF al. the events in which
| the matters OF accusation before the cour appear
10 have had their use, in sucn manner and under
such circumstances as naturally 10 point him
III, is The mos, important witness, alter me accn
ser himself on The side o; the prosecution; and
4 So, ,si MT II IL
understood Inc prosecution decline nJw 10 call
: him.
e That 1t. Emory was with Gen kearny in all
{ his movements, and that be- in his evidence, has
twice voucasafcd him as the proper person 10
testify That in the courts OF law, the failure u
call a witness under sch circumstances, would
BE- very unlavorably interpreted, as raising sls
picion that The witness might have testimony IN
his knowledge that The paoy whose place !; was
IL cal! bin desired 10 exclude, or else 10 force
\ upon the opposite party 10 Call him, aud thus cu
off their rights ut c,o,s .exa mina!ion. In courts
OF law he was advised, Ina, .unler the circum-
/, stances, such witness would be called by The
count, or directed by them 10 be called for The
prosecution, aud in case the cour! should decline
: so 10 do. he respectfully asked the privilege Of
: cross.exa mining l., Emory, under the rule
, which gives 10 party calling witness, who is
or necessity inimical 10 him, the same rights Of
cross. examination, as ii nc "cie cdHeu ~ Ws
other party.
J. lie also stated that Lieut. Emory returned 10
the United States as confidential messenger o!
Gen. Keainy, aud that on arriving at Panama
he wrote le,iers watch were published IN Ibis
country. dsrosa.ory 10 the character Of Lieut.
, Col. Fremont and on his arrival al Havana,
, New Orleans, Louisville ami Washington, made
aher ami most Injurious statements concerning
him. Finally, since his arrival in WASHINGTON,
he has arowei himself the author Of two nInri'
: Gus charges against Lieut. Col. Fremont, and has
: acknowledged 10 be al personal cnniiy with Ii.
Col f.
Whereuoon The court was cleared Tor debera-
lion. When opened, The Judge Advocate stated
thai, in answer 10 question of the court, he had
informed them that Lieu. Emory was not wit
5 ness summoned by the prosecution; That his
name had never been handed 10 The AdJutani Ge'
; neral by Cen Kearny as witness and mat ne
} (hc Judge Advocacy believing that L.. Emory s
evidence was no, in The least necessary 10 sup
. nor, The charges. had no. summoned him; every
hing of anY moment thai Lieut.. Emory could
nroye having been Testified 10 BY Gen. kcafny.-
.;eu,. Emury had bern Summoned by Inc defence.
The court decided that lhey could not grant the
6t,t fsqje.l o, the. accused. They di! not think
il vas incumbent upon Inc prosecution 10 call
witness when The evidence oi that witness was
not required. To the second request, they sad,
: HAT they would lake every care 'hat 'he decuseu
SHOULD have his rights, and protect him from any
wrong in case any witness showed any disposi,,
lion to prejudice his testimony bur they c"G |,
! moi, before lba! witness was called, say, even by
inpiicaion. that he was inimical 10 The accused.
r, erero.e, The witness, if called, must be called
, b. III. defence Al.er this decision was announc-
eli, the court was again cleared. In lev min,
urrs i. was opened, and then The court adjourned
Till Monday next.
: There IS very evident desire manifested BY
all parties thai The trial should terminate soon
and, IRON present appearances. woull mol Dc
:. surprised If i, closcsun next Saturday afternoon
WASHINGTON, Nov. 90, 1877.
The court met al 10, A. NJ, and The record was
read
Lieut. w. Fl. Emory, the typographical en-
sincers. was called and worn for The defence.
-. The Judge Advocate stated that The object I"
The aceused, in calling this witness was 10 show
his enniy 10 Licnt Col; FIemon', and then pa
= Ques,iop-Were you on social and friendly
! terms with Col. Benton, the father. in.aw Of l.,