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

\ Cleared.
l.. Emory. i will, with grea, pleasure, an
swer any question.
AMI the court was cleared. Upon opening,
the cour, decided that The question could not be
put. The court could not allow the defence TO
lmpeach The witness, even by his own consent
The examination, therefore, should proceed, and
DC confined TO the subject OF inquiry before The
court; and il, in the course of that examination,
the witness proves himself as impartial, or evil
| dences any enmiiy in his answers, the court will
interfere 10 protect The rights OF The accused.
Question. you wii:c 4 letter from The
| lsihmus OF Panama 10 The United States, which
reported the military operations in California !;
and, il so, is mis- copy, which was published III
the New York Courier and Enquirer on the | 4h
OF April last
[The letter was shown 10 witness and read II,
encloscs certain paragraphs Of an account oil the
| battles OF the 6ih and 9ih OF June, published in
! the California newspaper, and which extos the
conduct OF he commander.in. chief, Com. Sock.
ton, or that occasion. This eller denies The truth
OF thar account, and claims all the honor and go-
! ~ tor Gen. Kearny, whom il declares conducted
the whole affair. And signed By w. H. Emory ]
Judge Advocsie-Wi you please clear The
court, sr2
And the court was cleared
| The court, alter some deliteraiion, was opened
4
Question -Who was Commander-in-Chie
from the 29ib OF Dec. on the march from San
Diego 10 Los AnSelos2
| Answer.-My Information on that matter was
his On the 2S;h Of Dec Gen. Kearny sent
for me, and directed me 10 leave my party al San
Diego and 10 act as his Assistant Adjuian, Gen.
eral on an expedition that he contemplated 10
Los Angeles. He informed me at the same time
that Com. Stockton had consented or given 10
| him Ct don't know the woid) The command Of
the sailors and marines My information, there
fore, is onhntdlprncipally othe immediate COM
nand Of the troops ! was at the same time
aware that Com Stockton claimed 10 be The Gov
e.nor and Commander-in- chief OF the territory
Of California. The first act, in which this fact
was brought 10 my knowledge, or which had 10
act officially was on the II b Of Jan. received
| from Com. Stockton The senl il me, suppose for
| ! received i, from one Of the gentlemen attached
10 his staff, | know not whom) an order, gen.
eral Older, in which he signed himself "Goyer-
nor and Commander in.chiel Of The Ter tory Vi
| California"
Judge Advocate :. Haye you lha! orter2
Answer. No sir IL has been published in
the papers. The oTaer was dated on the lllh Of
January. | showed this order 10 Gen. hearny,
and asked him il | should have il read 10 the
troops. lie answered me no. On the march
Com. Stockton, | understood, did several acts in
lha. capacity, but none ii ihem came under ny
personal observation. | know Them more from
hearsay than from any thing else. Gen. Kear
~ never explained 10 me The official relation *
! isrine between himself and Com. Stockton until
the l7h of January, nor did Com. Stockton ever
explain il 10 mr..
Question d. you remember when on the
march any change that vas made in the position
o, the cncampmen; hy order Of Com Stockton.
aud in opposition 10 The orders Il Gen. hcarny :?
| Auswef.--I suppose the date i not material
| have an exact reculleciion Of he circumstance
was sent forward by Gen. kcarny 10 select
| camp Com Stockton was in The advance al the
| Time He suggested 10 me certain hill az a
good place to encamp. He suggested The top Of
The hin. On examining he ground, found IL
| was no, what thought he supposed il IL be, and
also 100 ;1r from the wa e.. | considered l had
| discretionary power in that matter, and put The
| camp n he foot Of the hill; Com. Stockton rode
| I'D 10 me and asked ne b. what authority had
changed lie ground; | told him that had done il!
oil my own accord; he then directed me 10 put The
camp On tie hil and did 50 Something else
passed in reference 10 il, as ! understood, in the
cann but al thaf have no personal knowledge.
In si, III. nave an exact recoiiccii,. = IT,. -,
tumsiance refer entirely 10 The fact OF The Gin
Guy, and 1rt 10 Inc "o.,'- "eed hove no ex-
act recollection Of the words, which al the time
were considered BY me as unilnponant.
Oue..inl-DiG yGu, as assistant atlntant &C.
nera deliver 10 Lleur. Col. Fremon, he order Of
General ksarny ioFb!ding the renrganz lion q
the California battalion, which Com. Slockt' had
ordered 10 be done7 II SO, state the day and 'h@
time OF The day when YOU delivered H.
Answer--I delivered IN orlcr 10 Lieut.. Col
Fremont toybdding the reorganization oil the bat
ralion. cannot iccolIecl the exact time OF Inc
day, but very nearly II was little after da K
Col Fremonis candies were lighted when call
ed at his house. on the 10th Of January. And
think, uhen started from my own qnarers i
was about dask, but Of this am not certain.
know il was about, or nearly alter dusk. My
own impression is il was about o'clock.
Qurslion Was the order OF Gen. kearny, tor
bidding The reorganization OF The battalion, givel
before or after he was suspended from The com
mand OF lhe forces al Los Angeles, By Com
S.ucklonl
Answer.-Ol that / have no information. II
showed me The next day the letter OF Com. Stock
ton, su.penins him. II may have been lha
J night that he showed il to me, but had m knnw
ledge Of il when delivered the order TO Ii. Co
Fremont.
Quesion.-At what time was The order to l.
Col. F., iorbilding the reorganization Of The bal
talon, wri,,en2
Answer-Il was written some time IN The da
) the precise time cannot reco.lec, | was yer
much occupied al that time On he hill, and m
recollection OF this order is that the Gen. sent 10
) me 10 wrie H. aud That again returned 10 III
hill, and il was sent 10 me BY an orderly. II
Eepi his own books, andl was only acting Ass
Adj Gen. al lie time Capt Turner was present
, and perhaps can give the necessary Information
think may have left the letter with The Gene
iallo copy or have COPIED.
Question. AT what time Of The day was IN
!, | 6pa Iitr IN ~ n 4
deliver 10 L. Col Fremont
Answer-Ol that have no recollection, no
do | know that il was sent 10 me-, or whether
went alter It.
u1cs,ion.-W viii yon please state what refer
ence was made 10 the California battalion through
you as Assist Adj, General in the orders Q. III
day, in the month Of June, Al Los Angeios7
Answer.-I have no recollection that the Cali
iornia battalion was REFERRED 10, except IN srecia
orders. have not The order, with lie, and d'
NOT know exactly what the question means.
il is explained 10 me perhaps may answcri,.
Cues ion.-Whai time ia the day OF The l7th o
June were you informed Of the suspension Of Ge
nera Kesrny; was !. before or after the Interview
OF General Kearny and Lieut.. Col. Fremont
Answer.-I think il was after: do no, know
when the interview took place, as was not pre-
sent.
Oues,ion.-ls this correct copy Of the Icpor
0f the killed AMI woulleQ induc " you allri ~
actions Of The 9Th and 9th Of June? (Pape
shown.)
Answer.-l; is.
Qncs!ion.-Is The address OF that report precise
L. as you wro:c il, 10 vii, "IIs Exceency z
F. Stockton, Governor Of California, &c, &c.
&c1"
Answer Il hnve referred % my own copy anc
j, las bu. one "Sc )" bn, il is likely may hav'
pu, three in the original.
Question AT what time did you leave Sar
Diego 10 return 70 The U. s, aud where was Gen
kearny a. that time, and did he, before your de-
parure. make known his intention 10 arrest l.
Col. Fremont, and did he say anything about ih'
arrest, il so, whaH
The court was cleared, ard after some time
spen, in dcliberation, The court decided the qucs
lion shall be allowed.
Answer.-l lett San Diego on The IS Of Jan
uary 1917 understood that Gen Kearny hat
arrired at San Dirgo. did no, see him. H'
d,i 70, make known his intention 10 arrest II
Col Fremont.
Qucstion.- Did you learn from Gen. Kearnl
thar H. wculd punish l.. Col. Fremont Tor mn'I
nv when he 60. The power; if go DO you know
whether he meant the Mormons as The power n