The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-11-07

rsoor I'd IL 10 toe govern that omission report
tsmnsr ,owsris me aud in the defence ia the
Of the motives an credit OF the prosscu-
The object Of the question certainly visible to
the court IL stands anA willing TO modify It
show the object and save the court the trouble
OF decision
My counsel advise me that have latitude 10
examination to bring in circumstances from any dis.
that bear the eucdate its merits and aid
the defence; and considering. shown in the tes
tmouy yesterday that arrest resolved several
1g all that time aud only made known the moment
of it, execution the frontiers of the United States
thai sm here the coast OF the Atlantic be tried
for imputed offences the coast of the Pacific without
any warning to enable to bring particle OF testi-
mouy from that Tar distant theatre while the prosecutor
attends by atran Of witnesses brought by himself
three thousand miles co testify against Considering
this. my COUNSEL a 'v'ss that entitled to the
widest latitude That Is ever ned in examination
But will not stretch that latitude, give trouble to
the Court and although advised by counsel that have
right in this either tolesd the wit
to the object have in view to conceal 1t from
him, yet will in every show the obJect 10 tns
Court, when desired; and Therefore win at present.
waive to the question pue, and put aho1nef
Ibid YOU lose cannon at the action at San Pasqual
and was that cannon recovered by Lieut. Col Fremont
aud the California battalion In the capitulation OF Co
usnga; and did know OF that reeoVery ana ever re-
port IL to the Government
Lieut. Colonel Mouuted Rifemen.
The court was cleared for a consultation upon this
matter aud the re-openins the opinion OF the court
read agreeing TO admit the moddcstons Of the
omitted by the accused, but deb ning
tain court martial limitations to the i'm parchment of
the aud IN olives OF Gen Kearny
The Judge Advocate then remarked to Gen X that
he had heard the question. and that 1t involved
putation OF malice &c subjects for the Judgment Of
court martial but yon know your privileges as wit.
ness, Gen Kearny What have you to say
Gen KEARNy - No qsestion can be put to by
Lieut. Col Fremont but | will be most willing and
most free TO
J. Add you a at the action fsan Pas
quI aud that cannon recovered by 1t, Col. Fra
mont and the California battalion In the ospituletoa of
Conenga?
A. At tne battle of san Pasqual the dragons under
the command Of Captain Moore had two howitzers
der the charge OF subaern AT nearly the close of thu
action after the Csornians had routed when
they retreating, the officers charge of the how
zers brought them 70 the 'front.' and before they could
be turned round and uni fred the
retr-ang enemy the mules before of the guns
by that means they lostto We organized
pedirion 1t San Diego, in December. to to Los
Angeles to the relief Of Lieut. Colonel Fremont The
organization was In consequence Of the following
PIT
December 1896 and addressed to Com Stockton from
Gen Kexrpy, who recommends junction of their re-
spectve forces and speedy march TO the ASSISTANCE of
Lieut. Col Fremont representing that bis defeat by the
Csornians might unsettle the government for to
come
GEN KEARsy-Ccm Stockton was at that time act.
ing governor of California; mis- squadron two three
ships at San Diego the sailors and marines
mostly on shore suppose executing sufficient nu mber
to take of the ships; determined on the expe
dition the 29th December, from San Diego
troops consisted five hundred sailors and marines sixty
dragons, aud forty fifty volunteers while parade
Com stockton called the officers of the force
getbsrCsrt Turner of the Dragons, Lieut. Miner OF
the navy aud several Others he Com Stockton) then
remarked TO them to the foIosing purport-" Gen
tlemen- General kearny has kindly consented to
take command OF the troops this expedition;
you will, therefore. look upon him as your com
mander lshal go along as governor aud commander.
gelos and on ths Sh and Oh the 9th of January Co
Flores with his whole California force
and fousht us We defeated them each day. and after
the defeat the 9th the California force dispersed
Governor Flores went of to Son ra and small party
under Don Andrews Pico, which ! had understood
never exceeded fifty OF sixty men, went to Conengs
and there entered into a captulation with LIEUT. Col
Fremont The troops under my maud marched
Int Los Angeles the 10th January Lieut. Ere.
mont came in there with his battalion the ldh In
the capituation entered into by Don Andreas Pico
was officially informed by Lieut.. Col Fremont that he
had taken Two cannons from the CaliforniaDs. What
cannon they were he never reported to either by
letter by word nor do at this moment know, except
from rumor that one of the cannon taken by Lieut.
Col Fremont at the capitalization the which
lost at San Pasqual
been called the correction of the record In the
mark Of Gen Kearny yesterday, that he supposed
tain letter in possession Of Lieut. Col Fremont j.
he had not destroyed it The counsel Of the
the witness had repeated the expression IF he
reference to the court submitted the matter again
Col. Benton, who replied "Oh 90 by your mory.
sir" And the record stood approved
Judge ADVOCATE The latter part of Lieut. Col Free
monts nterrogatory to wit And did you know Of that
recovery [of the gun and report to the govern
ment?r
After some conversation.
Gen kEARNr sad thst Lieut. Col fremont had re
ported the captuiton IN ms letter 10 witness OF 18TH
jan io4i received no oeher report from MN on tne
SUBJECT nor las ne over rePof1eo lthe recdp'ufeI 10
me >,
yuogs ADVOCATE lwt,tiny do"h Yes sr.
Gen htAhnf -Ihat ; 81, sI
PRESIDENT BROOKE submitted thaV ss IL was nearly one
O'Clock the had better allow Gen K-arpy the in
terva 70 co rect ms OF yesterday IN answer U.
Question proposed After some conversation 'his was
agreed 10, ana .,
Gen Nearly resumed ana SAID Lhht heariog the pro
ceedings OF yesterday READ over inns morning oy tne
Judge Advocate he found that the question put to MIN
In relation TO tins orders under when he mad acted 10
Caornia was more oomprehensive imam no hsd suppo-
SEQ TO De- pave now 10 say taat had other orders
wniie IN Galiorna imam those which mentioned yes
terasy mrs. OF tnose ORDERS Is one IRON tne gene
%. IN Gnis aassa Iovemoer o i'4o' 'ne or'shai VI
wnieh now present u you
zen. n aocoeuineiy placed IN tne henas OF the 9uoee
AoVocate the ioo"luS oucsl lee.sr whcn py mlstake
vas Printeo ia yeoeeruys Proceeainss oue "nicn we
H.s,n 10 prPpef paoe ia o'uef W na'o oohhe''