The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-12-22

ly turned to Lieut. Rowan OF the Navy my senior
it was given to General Kearny Commodore Stockton
called together the staff officers, and told them that
Of the expedition then about marching against Los An
gses, and that obey and respect him SUCH but
think we're his words On the march. frequently re-
ceved orders from General kearny and also from Com
stockton tor believe a that t covers the Question
place from Gov Stockton in the expedition to Los An
gelesi
Stockton and number Of other officers for the pur
pose Of paying our respects The Commodore remarked
In the of conversation that he had gallant body
men, which he should be pleased to have Gen
command he knew more about land fighting than he
Kearny declined and said that would go as aid to the
Commodore. To the best OF my recollection that
ing of the 29th, saw Gen Kearny from his quar-
ters and call Com Stockton and it there the
conversation began
q. Do you remember whether the words Of General
Kearny to Commodore stockton in referring the com
mand, were delivered in a low or an emphatic tone!
A. In emphatic tone.
O. Do you know whether the approach Of the Nor
mors excited alarm, discomfort or dissatisfaction
A. They created great least in the district
was in
mont desires to say that Lieut. Miner Of the United
States Navy summoned as witness this trial,
when the arrival Of Commodore stockton unoer-.
tsn and that the full testimony OF the Commodore has
rendered the further examination Of Lieut.
Miner on his part.
Miner has the Court
The PREsIpEyT-None.
JUDGE ApvocArE-Clssr the Court, which was done
accordingly.
The Court was opened. Lieut. Miners examination
resumed
G BY THE CoURr-You say that the Cafornians were
What caused this alarm?
A. report had preceded them to California that they
abandoned aud awless set and Cslifornans
easily alarmed ut any reports alludo to the whole
tribe Of Mormons-not to Col. Cookies command A
mil IN
for protection gave them quarters near San Diego
talon they were really alarmed, and requested to
place them in greater security on board ship which
JUDGE ApvocArn-Call Col W. A Russell. [Col Rus
@ Were you an officer il the California Battalion at
the time of the capitulaton of CoueDs and what
rank!
A. was, and my rank will appear by my commission
c. Were you sent to Los Angeles from Couepja, and
il 80, at what time, and for what purpose
the st Of anusry for the Of seeing who vas
in command, and to make report of the capitalization
made on that day to whoever might find in chief COM
mand.
Will the court permit me the courtesy Of sitting down?
The CoURr-Certanly.
O. Will you state how you executed that commission?
A. went to the quarters of Gen. Kearny first and in
CURED of him whether his arrival in the country super
coded Commodore Stockton who had been before rscoo
Missed rs Commander in chief. From Gen. Kearny |
learned that Commodore Stockton still in chief
command and by him was directed to make my report
to Commodore stockton. believe have answered that
question.
JUICE ApvocArE-Yes, Sir.
c. win you state what passed, IL anything, between
yourself and Gen. Kesrny, and II 80, what it was!
Col. RussELL-ls the question meant to refer to ell
the interview!
Hon. T. BENroN.-Yes, all the day and evening.
BY Gen Kearney's direction went to make my
the Commodore about the treaty Of perhaps hour,
returned to Gen. kearneys quarters pursuance Of
invitation from him when there and discussed very
freely with him Gen the entire affairs Of California,
New Mexico, &c. In that conversation he expressed
great pleasure at Col Fremont being the country and
spoke of his eminent qualifications for Governor we'll
his knowledge of the Spanish language manners of
the people &C., and his intention to have appointed him
Governor the instructions told me he brought with
him from the Secretary of War had been recognised
WIN you please to state all that passsd the sub
versation nearly you possiblyrepea hem with
the circumstances Of time and place?
A. 1t the subject of very much 5stion pro-
tracted to q late hour Of the night He told of his
appointments-Svil appointments-for New Mexico and
OF his determination to have appointed Col Fremont In
unfavorable both to Col. Fremont and himself (Gen
K); spoke OF difficulties he had 10 the country
discussions with stockton i'm refer
ence to the treaty at Coepjs, and all other matters
connected with California WIN you repeat the question:
A Conhnued-He stated he had intended to confer
upon him, (Col FremontD the Office of governor. do
not exactly comprehend the balance Of the question
There great deal Of conversation and protrscted
to late hour would prefer to answer written inter
rogatories.
Q-Did he say anything about his own return to the
United States, and what?
Ayes, sir, he did So he could organize
the civil government 1t his intention to return to
the United States but finding suitable a person as
Col in the country place Of COVER
nor his design of returning home need not long be
postponed | don't pretend to give his words.
Q-Did Gen: Kearny give. his own opinion as to the
capitulation of Coenjs, and II 80, how far did his
opinion coincide with Commodore Stockton's?
Ale approved of the capitulaton. l remember it
view with Commodore Stockton on the evening of
my arrival, on the 18th Of January, he furnished
en "i and think requssted Captain fremont
to accompany me to Com. Stockton's quarters.
and hear further discussion between the Commodore
and myself and Capt Turner, think, did 60 with
In the second interview with Com. Stockton his obec
tions first urged against the capitulaton have
been removed, and he Gen. k) then repeated his de-
termination appoint Col Fremont Governor, imme.
diatey his arrival at Los Angeles. will further
state in my first interview with Com Stockton when
think Capt Turner was also present, Il think he went
with both occasons,) he Com s made some OBJ
jections to the capituation.
q. Did he, Gen. Kearny, or did he not, exhibit his
opinion to the csptuation of Coepja in opposition
to that Of the Commodorethe one favorable the other
A. Hs did unquestionaby exhibit the Commodore
opposed and himself favorable between first and
second visit and as before stated furnished with
arguments to combat the Commodore's objections.
O. Did you sleep at General Kearnys quarters the
night Of the 18th Of January and by whose invita-
ton!
A. WELL sir did on the night Of the 18th Of Janua-
ry and on the invitation cf Gen. Kearny.
q. Will you please to state If you slept with
Gen. Kearny, and If so, what conversation ensued?
Lieut.. Col MoRGAN-Thst question asked Cen
Kearny and suppose sir it under former rule
with reference TO collateral evidence.
PREsIpENT-It WIS asked Gen kearny
JUpGE ADvocATE-I had no objection to his being
asked the question: the Court has none.
Lieut. Col MoRGANI wished the court closed for the
discussion.
Closed accordingly On the door being opened
The JUDGE ADVOCATE stated that the Court decided:
The question Is excluded under the rule TO the
tradction Of witnesses by party ON collateral matters
elected by his crossexaminaton, and the Court
further considers the inquiry mmateria and irrelevant
Lieut.. Col Fremont then read as follows
MIR President,--Lieut. Col Fremont is advised by
his counsel respectfully to say to the Court that he
wishes to have opportunity to deliver argument
to show the proprety and msteriay ofthe testimony
expected to be obtained by the answer to the question
Lieut. Col Fremont is further instructed to say, and
for the purpose Of gaining time and preventing the
cessity Of future separate decisions different points;
ainkar