The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-12-01

ever dissvow the rsfsrsno: mad: in It to you = the
The jyDer susssstsd, that this question
precisely Of the character Of that just rejected that
Ss decided that the question
not bs put to the witness.
q Did you, directly indirectly, give any informs.
ton the editor Of the Louisville Journal about the
rst Of May last to any person for that paper! So
is this copy publication in that paper bottomsd
Juror ADvooArr-Mr. President, will you order the
court to be cleared, sir!
The accused and counsel the witness ct the table,
the reporters Of the public and the public present.
y BRINGING up the to tho door way On rs-openng
the court had decided that tho question shall not be
an. mo a,pse Jsrre be Excluded from the re
cord which cannot be encountered with such papers,
questions upon which they are founded have been
rejected irrelevant and improper.
O. In your direct testimony you say you understood
that General Kearny on taking affairs into his
hands the arrival Of the Mormon battalion meant
would carry out the orders OF the President
the United States Now, what orders of the President
were there remaining to be executed that time and
which required the physical the numerical force Of
Col. Fremont!
understood them to put Gen Kearny in autho
rty well to retain possession ofhs country against
JUDGE ApvocArE-The examination of this witness
by the defence is here concluded.
Lieut.. EAoRY-Mr. President have q request to
make Of the Court.
President BRooxE-Very well, sir.
Lieut.. EMoRY-shsl make 1t verbally, or In writing,
G. By the CouRT--In your testimony yesterday you
said your information was confined to the immediate
Diego-you did not state who had the command. Now,
who the immediate Of the forces in the
battles of the 9Th and 9th!
A. General Kearny.
G By the JupGE ADvocArE-You have mentioned an
instance where order given to as Assistant
you. Now, did you recognise Com Stockton COM
handing the troops and did any other
oumsanoes took place the march, in reference to the
question Of command between Gen. Kearny and
Com; Stockton This was the question, as under
| stood
By request of Major MORGAN, the Court was cleared
On reopeniDg the question was declared inadmissibe.
1t. Col EMORY being asked what he wished to say,
said he wished to make, add, an explanation to his
to the question respecting the command OF the
question be read again which was done. Witness then
said the question ITSELF by speaking OF the mmeaate
In regard to the command In the battles OF
the 9Th and 9th, understood that some orders were
isdSe: was in another part of the field; under
stood that Till | Was here, in this city
1t EMORY then presented paper, which was read TO
wit: paper been presented to the Court, reflect
ing upon me- individually, and on my character, as
witness In the case now under consideration charges
with having made public or Furnished ioju
rous to him. and with identifying myself with the prose-
cuon; and under these circumstances my evidence
has BEEN ought be, withheld question put to
the pnpose these statements
ted it, the end that may show the state
mcnt to be incorrect far charges with
hostility to the accused-wth being the author Of
any charges against him-wth being party to the pro-
secution psndingor with having sought by publica
TONS prejudice him before the public to
its opinion in relation Official controversy to which
circumstances had rendered me- to greater less
tent, oognizant."
On consultation with closed DOORS the Court refused
to grant the request Of the Witness and understood
refused to receive his paper
Lieut.. Col FREMoNr submitted statement in writing,
to witt
Lieut. Colonel Fremont respectfully states to the
Court that in presenting question going to ascertain
the authorship Of newspaper article referred to Of
fered in reference to tho question upon which it
based he designed to establish he believed to be the
fact that at the time that Gen. kearny held the
purpose Of the trial and arrest Of Lieut. Col Free
mont confidential member of Gen. kearny's staff sent
into the United States to bear to the Govern
ment Lieut Emory, suppose), made 1t part of his
business subsidiary In effect II not in design, and the
intent Of Cen Keany to circulate and publish reports
calculated to prepare the public mind for that arrest and
trial, and to prejudice 1t against Lieut. Col Fremont
This fact the counsel of Lieut. Col Fremont believe
will be both relevant and material to show that branch
Of the defence which to mpeach the motives of the
prosecutor (Gen Kearny) Lieut.. Col Fremont thinks
this explanation due to right understanding Of his OBJ
| ject and also Of his respect to the Court.
No question: believe, raised upon this paper
And by request of the accused who desired day for
the arrangement Of his testimony and plan of defence
the Court was adjourned TIL Thursday morning,
| at ten O'Clock. ".