The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-11-14


sbly I'm month or sx weeks the country would be suf
hcisntiy quiet TO admit the establishment OF OWL 90
vernment
la the same direct examination you referred to the
conversation about Com stockton the 18th Do you
not know that 1t occurred on the 10TH and not on the
I7th'
q Did you not, ON the 10th, write to Com stockton
IN which you said to him, that you understood he wal
about organizing civil government in California!
A did copy OF that letter is here In my letter
book aud the accused wishes It, and the Court admits
letter here read from Gen Kearny to Com
Stockton protesting against the commodors's proceed
ings to the establishment of a civil government So
unless he could produce authority from the President
which case he (Kearny) would scqussce otherwise h
could not seknowledge the Commodore right to orga
Did you not, on the nth OF January write to Com
organizing civil government In California SO. de-
scribing Com stockton as Acting Governor.
A did.
Letter referred to as already on the record and
tofore given In reports of this trial Gen Kearny only
Scqussoes to Com stocktons proceedings because ne
desires TO avoid collisions civil vars so, but in
mating that 1t Is only the smaness OF his force when
prevents zen from deposing Com Stockton HUN LIZ
@ Did YOU not learn that LIEUT. Col Fremont on the
10th January engaged in appointing officers TOT the
civil government Of the territory! ,...
A. had learned that 10 was otherwise; Lieutenant
Colonel Fremont did not inform me OF It on the toth
g Were not the appointments mentioned iS IN the
informap his statement to you! OF Governor Stock
toms proceedings
O. Wore not those appointments subject to the Co.
vernon and consisting Of Secretary of State and Coun
A The appointments that understood Com Stock
ton about TO make to consist Of and
secretary OF state did not at that time learn any
thing of the appointment of councillors.
q Did, Ut did you not learn, that Com Stockton
through difference to the opinion Of Lieutenant Colonel
wit B: Capt Gillespie. and had appointed Col RUSSELL
did not understood that Col Russell, however
was to bs appointed secretary Of State =
q. Did, or did you not learn, the 18th January,
that In Difference to Lieutenant Colonel Fremont Com
stockton had appointed Senior Butin councillor
trary to his first Intentions.
Question put-oourt Gle ared-re-opened-reces Of
Question put-You stated in your direct examination
that In answer to Lieut. Col Fremonts alleged inquiry
IN the conversation on the 18TH that when you had
gan ssd civil government you would probably appoint
him the Governor Was that questio Of probability
on The 18th, that you would organise civil govern
ment on your getting quiet possession 1T!
The court was cleared and after consultation the
door opened aad the decision announced that the
question be put to the witness Question put accord
A. My instructions from the President Of the United
civil government, and intended at the proper time to
do The enemy had been lately defeated the sth
and 9th January, and did consider the country suf
ciently quiet at that time for civil government
@ Yon said In your direct examination that in an
swer TO the alleged inquiry OF Lieut. Col Fremont in the
conversation of the 18th that objection to
appoint him Governor ON your return Missouri Now
this that alleged inquiry before after
the letter to you In your presence and refused
There was something also said at the end of this
question about BLACKLIST crime known to military law"
aud Of the foul intent of sordid motve,n portion
which Gen Kearny wished to read for himself; but at
the instance Of the Judge Advocate, the extrsnsou
matter was stricken of from the question
A 1t made after the paper had been signed In my
presence aud while the conversation lasted that said
the letter back was in hopes he would have done
when should have taken no further notice of it.
O. Was it not after you had told him. in reply to his
alleged inquiry about the gsvernorship, that 1t would
ruin him II he persisted and after he had persisted p
aiherng TO the letter refusing to acknowledge Kear
Dy's authority
A latter a pause am trying to remember My
memory will not serve me to answer that question
~ In your cross.examnation yesterday you stated
great desire for interview with Gem Stockton but
told Lieut. Col Fremont you would not ask fer it Had
OF your direct examina on you gave in your full test
mony relating to the conversation of the nth
endeavored in my testimony to tell what passed
between Lieut.. Col Fremont and myself If / have
omitted anything will with great pleasure and
explsin to the accused any tn ng which may be SUBJ
mitted to me, aud which he may remember.
Der It, or mott
Grr KEARsY-I consider that an answer.
q In your cross examination, you have said that
Lieut. Col Fremont expressed great desire for an in
tervew between yourself and Com stockton Did he
not appear to be distressed the state Of things then
existing between you and Com. Stockton
A. He did
Q When you expressed your wish for such an inter
view, but would not ask it. did not Lieut. Col Fremont
offer to Com Stockton and obtain his consent and
arrange an interview between you!
A. Most unquestionaby he did not Lieut. Colonel
Fremont might have effected interview between US
between Com Stocktonand myself; perhaps there
but few others at Los Angeles that could have done it
Did you leave Los Angeles before ten o'clock the
next morning, without wal ing for Lieut. Col Fremont
to bring a note from Com Stockton?
A. left Los Angeles the 18th of January at about
ten O'Clock and as | had previously given notice to
Lieut. Col Fremont of my intention to do so, did
take leave Of him again. sent no message to Com
stockton and therefore, could not expect to
be brought to me.
Q. Upon which the Judge Advocate called the at
tenton OF the witness to his prvileges) Did you
your utmost endeavors' to suppress the mutpy of
which Lieut. Col Fremont stands charged to be guilty
A (After some conversational repeat that there is
no question which the accused put to me but am
most free to answer. Put that down Mr. Judge Advo.
cate. Nothing further passed between Lieut. Col FIRE.
mont and myself in the interview alluded to- than what
have stated
Col BENroS-We are done for to-day, sir
And the testimony read over, and the Court ad.