Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1847-11-12

At preseut il rests upon different reasons-tuTn- |
ing back his troops on one, namely that Inc
country was conquered; proceeding win an es-
coit another, namely that he wished 10 De Cover.
nor Of California in case not contemplated oy
his orders
The various and important orders and lnstruc-
lions from Inc secretaries Of the navy (Messrs.
Bancroft and Mason) to Com Sloas and his sue
cessor in California (Com. Stockton) read IN EVIL
dence Yesterday, by The prosecution, all show ina.
this Trial is question between Gen. keaTny ana
Com Stockton as governor oil California ana
gives 10 me all the rights OF defence which would
belong 10 Gov. Stockton if himself regularly on
trial.
This view of The case was presented by my
counsel 10 The War Department on the 2o'h uil,
and copies asked If all papers, orders ana i0s'luc
tons in the Navy Department, 10 The navy COM
mandcrs os the Californian station, relating 10
The conquest and government OF that province. IN
addition 10 all similar papers from The war De-
paumen, 10 General Kearny. These copies nave
been furnished me, and will be used al The proper
time for the defence. They seem also TO have
been furnished 10 The prosecution, (and IN my
opinion, very property and three OF these naval
orders and instructions given in evidence VERY
properly. think, on yesterday. This inroduc-
lion, by The prosecution, oil these naval orders
and Instructions confirms The view wnich my
counsel had taken ii defence, and gives me
right, in their opinion, TO pursue IT, ana IN lhe eI
ercisc Of that right, 10 ask any question @hicn
Commodore Stockton could ask, If ne was on
trial before naval court. With this view il has
| been already shown that General kearny turned
back Governor Stockton's express, 10 make
| guide OF him 10 California; and wish 10 show,
| that 50 far from conqucring California, and there
| by acquiring right 10 establish government m
il, that all This was done before Gen Kearny left
Santa Fee. and that he could never have gotten TO
San Diego without the aid oil Governor Stockton,
nor from San Diego 10 Los Angeles.
| Alter The above had been read
Gen. Kearny-May | say word in relation
10 that paper2
the court objects.
| After some de'iberation-
Gen. B.uoke-The court will be cleared Ano
The court was cleared.
After deliberaion with closed doors OF some
time the court was re opened, and The decision
announced TO be: The court decides that The ques-
tim will not be permilled TO be put that the
statement OF Lieut.. Col. Fremont shall be enler-
ed on The record; and that Gen. Kcarny have leave
10 be heard in relation it,.
| Gen. Kearny.-I would state TO the court, tnat
the accused, by the advice OF his counsel, has, 10
that pa per presented 10 The court charged me WIN
/ going Ia IlCIC i'C SouSS AAa'
| Shoes his head, as if doubling the prcpriely Vi
what had been said, when Gen. X. remarked)-
The Judge Advocate shakes his head; il there be
any legal objection 10 my proceeding, TO which
The court has consented, will waive my prlvi-
lege, as wish not to embarrass the court, or re-
| tard its proceedings.
Gen. Brooke Who sir, objec,s7
Gen. K-The Judge Advocate.
Gen. Brooke Capt. Lee, read what has been
said by Gen. hearney. And il was read. !,
Gen Brooke. Have you any objections sir
Judge Advocate. No, Sir; none.
Colonel Fremont have no objection 10 &C.
neral Kearny's making his statement, and will mol
claim any right 10 reply 10 II.
General Kearny Iesumed.-He has slaled mat
The march with The escort was without warrant,
as il seemed 10 him; he has reflected nron my
motives; he says that my going there rests upon
different reasons; one was, as taken from ms
own paper "lhal he wished 10 be Governor OF
California, in case not contemplated by ms Of
ders" In reply | have 10 state lha! went 10
California in compliance with instructions 10 me
. from the War Department OF June 81 and 18th,
1916, in which am told that il was The cherish
ed wish of The Executive that should go there;
and likewise from letter from my friend Col
Benton telling me that was 10 be Tie civil and
military Governor oil The territory
The cross-exammaion oil General h. was now
resumed.
Ques.on.-Did your Assistant Adluanl Gene
, raj make report Of The actions oil June IN ano
!, 10th TO Commodore Stockport
|, Answer.-Not by my knowledge or consent
hui he did communicate 10 Commodore Stockton
list Of The killed and wounded in these actions
Quesiion.-ls this paper addressed 10 Commo
!, dore Stockton, Governor Of California &C, &c.
&c. that list Of killed and wounded Grape
sh9GMnnsl l e..-,Aa.. ----.:-.., =, .A:-t =;
probable that il u.s. | have never before seen hi
paper. Al Los Angeles, Ii. Emory, the actin:
Asst Adit General OF my command told me tha
ana wounuru Si ala IN I2Isa Ais. Of !he kllle!
January. ] directed him 10 furnish il. He CAV,
me one copy OF il, which | thought was anon:
> my papers here, but which do not find.
The surgeons report accompanying The abov,
was in substance The same.l
, Gen. Brooke How is The letter addressed ?
Judge Advocae.-R. F. Stockton, Governor o
California, &c. &C.
I Col. Benton.-Are there not three "&cs."
Judge Advocate.-There are, sir.
Gen KcaIny.-I never saw either Of the pa
pers before, bul have no doubt they are correct
Queson.-Did you, al los Angeles from The
10Th 10 The l3.h ol January, write communica
lions to COL Fremont II so, how many and toI
what ohject1
ACKNOWLEDGMENT those da'e ! addressed
three communications 10 Lieut.. Col. Fremont
I An armisticc, agreed upon between himself and
Don Andreas Picol, was sent 10 me BY Commo.
dore Stockholm from that armslice was induced
to believe that The whole California force, with
, the exception Of their Governor, Flores. and a
, party with him, were near Lieut. Col. Fremont
! The object OF my communication with Lieut.
Col. F.. was TO inform him that we were in pos
session of Los Angeles and that we had strong
military force there with US. was apprehensve
for his safety, and | volunteered TO Com. Stock
ton 10 lake from 200 10 $50 sailors and marines
to Lien Col. F.'s rescue Com. S told me that
ne did not think Lieut. Col. F. was in any dam
ger, and did not go.
Queslion.-Were they official orders or fami-
liar notes of Information in relation 10 impeRd-
ing military operations, and requiring niorma-
lion ffcm Lieut.. Col. Fremont in relurn2
Answer.-They were what is termed semi-of.
fetal, written in a familiar manner, OF which ]
have no copy keep copy OF all my official
Question Did either OF those notes give in
formation that Commodore Stockton was al Los
Angeiosl
Answcr-I have no recollection of it.
Question Did either OF these notes-that Of
The l2lh, contain these words, "Dcar Fremont, |
am here in possession oi this place, with sai!Urs
and marines" &c.
AnsWcr-l cannot say, Dnt MINK IL prooa
BILE, for az said before, kept no copies ot these
semi. official papers.
Qucsion.-Do yon know, or believe from n.
formation, that The armislice was made on The
18th Of June at H. P. NJ, al San Fernando, dis
lant from Los Angeles about 25 miles2
Answer.-Los Angeles was about that diss nee
from San Fernando | DO not know a what time
The armisrice was concluded. II is a subject very
easily 10 be proven by others.
Another question was pot in relation 10 The
contents Of one Of The letters, when the Judge Ad-
vuca;e asked that The Court might be cleaied-
which was done.
In len minutes The doors were again opened,
and the court said-The Judge Advocate objects
10 examining The witness upon the contents Of pa.
pers in possession OF the accused, and which he
does not produce; and the court sustains the OBJ
jeclion.