The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-12-20

anoustsd 20 sscussnd,i hav. 70 ssses that isrrs
number Of hors~s or the psyment Of which Col Ere
various parts Of the territory Of California and that
dariay the eampsigu ~ the conquest and the OF
vice w~rs l, n ds rem, sections Of the country 10
oons-qu-ncs 81 the operations Incident 20 ofthat
peculiar ehar.e'vr rrt-nding it did over great
Amer the treaty Of conspgs and p.so. had been
restored % CALIFORNIA; the horses snd mules
-eted drr-ut polut. held subject 20 the orders
Of United stst~s ochcsf "a being undsrstood that
receipts ~ be gv-n 10 the event Of any animals bspg
a, soaoua Llsutsn.n,s Revere and Msury, q III /,
navy who ct dig-r.nt had command 10 that de
trict isqa~ssd Gen Nsil.je. formerly military com
msutsnt of California. gentleman Of very large
tstss Of the hgh-. re.psst.eity and Greatest nnu-
mules which might b found Ia that section Of the
country aud hsvs th.p cared for, upon bis estate at
eollsetsd hundred ssd an, horsss sapeosiss
that vh-e wanted for service BY oesr Of the ated
s.s greatly si.sppoist-s ssd ss.s sss ., seson
Just prior leaving aornls the General sformed
that hors- v.r. constantly being taken from suseO
piled 60 Capt Folsom the quarter master for them and
had been refused, aadssssi my savic. hov 20 oct.
eho about oas haadr.d mile. from ST barbara on an.
road to Montsrey wA informed By the best authority
horses non that point, and refused to give apt Den
ny receipts for them.
Fremont artist % the expedition, aud ter hosti
ties nsncef toos SERVES In the battalion Of
ed rnsEnsn, end had command Of suffers fort told
that tupposng they would be taken. he applied Gea
Kssrny for receipts for Kindred horses On eh
In the vicinity Of susrs fort In the vslsy Of tho
Sacramento bat that Cen k.srny positively refused
aud that eighty sna up-Ards were driv.a up 20
suter fort when som~hng like thirty n the beat
taken By Major swords and rse~ps for them most posi-
lively refused.
mir KssSs vas In Commodor. s.ocktops camp and
came With us as far . Bear Valley from whsnes he vas
IL cannot tell the precise number Of horses Nus Ia
ken, but my impression is. that the number o. nors
California, and for which he 10 responsible sxessd oas
thousand.
am, sir respectfully, your mos, Ssedisn, serssst
Hon TsosAs BsSroS."
Lirnt Colonrl Fremont s further in.tructel By his
counsel to that In court. OF lag, the party Offering
testimony or making any motion has legal right 10 be
heard In support Of his offer or motion aud also legal
right to be heard la TO 81 objections to such Of
fer motion before IL BE- decided against him and
is being the rule Of proceeding In courts OF Lag, be
thority Of Lord Erskins, Mr. Writ, De Hart. Major
Hough and many other writer's the Law martial that
thea rule lie Of lawful obligation In courts martial
aud that he cannot be legally deprived OF 10 bcnent,
without his consent
In conclusion, Lieut. Colon.i FasSosr is instructsd
to the that the second section OF the
Of May 30 1880 having been passed twelve years after
Mr.. Attorney General Writ had placed his strong con
struction the words orders Ia the case anc which
act specially passed to meet the present ossc THAT
of a mInandng general becoming the accussr and
repeating the which the Attorney Genera had
founded his opinion quoted by De Hart may be
sdered Legislative oaarmstion OF hi. opiaon and
that consequently the President OF the nted Sstee
the Supreme Court OF Errors and Appeals from The
decisions aud proceedings OF all general courts martial
and will take notice OF the sad they appear
upon the record without any assignment OF errors
writ Of errors or formaty of appeal and is therefore
entitled have full view Of every which IL necss-
sary enable him to Judge Tire correctness of the
courts decisions and proceedings In every particular
The question to Major GiLLEssrS In relation to the
was he 0f In
tended to be put to other witnesses Ia relation to the
fact and the manner Of tsko6 the horses aud other
circumstances connected with the taking, resulting
from It, which Lieut. Colonel Fremont would have been
ready explain to the ito show their object and
relevancy II the main question which they depend
had bssn allowed to be put, and he is advised by HE
counsel that a the testimony expected to be obtained
defence and to that branch which impeachss the mo.
tves of Brgader General Ksaray, rs prosecutor and
his credit witness In the case before the
court
The court again closed for o considerable period
and when the door was opened the Juoer ADVOCATE
read the following decision:
court d.cided that it has recognised the general
principles claimed by the accused his note that
martial are governsd by the rule of law and that tn.
law evidence established ia the commoo law courts
governs martial; and the has reco fnised
further that the record of a court martial should
bit the revising authority the character OF the tes
mony rejected well % the tsstmony received Ordi
partly the testimony rejected is indicated by the
ton, which stands the record. When the question
IL not sufficiently explanatory Of the testimony the
receives explanations from the party Offering IT,
The court does not fnd sufficient explanation in the pa
per just submitted by Lieut. Col Fremont, to ASCERTAIN
the admissbility Of ths testimony about the horses
Lieut. Col. Fremont merely states that he considers
it material and relevant and going to support the
credit OF the previous witness The court will, how
h frori the accused explanation Of the
scope and bearing Of the testimony proposed to be elicit
ed by the series OF questions to which this to lead
The court has admitted the right Of the accused to be
heard in explanation Of the proposed questions by
tering it on its records as rule of its proceeding
Lieut.. Col Fremont then said Mr. President
he expects to prove by each witness a. each is
produced before the court The first enc would b. Ma
jor Gillespie and his statement would be general
and comprehensive than that of other witnesses hut
proper introduction to this testimony which would be
his testimony in many points deemed material by the
counsel of Lieut. Col. Fremont that by Major Gilles
Plumber oes spd horses .sv 1000 wsr. from
the possession Of Lieut. Col Fremont without receipts
for which Lieutenant Colonel Fremont is &C
countable, and for which he is liable to be
made responsible. That after the captustion
of Conenga the horses and mules belonging to the 60
vernment ordered be coec different points
and held subject the order Of United States officer,
it being understood that would be given In the
event OF any animals being taken. That horses and
Vallejo to whom the custody Of them was assigned;
also from Lieut. Kerne at suters fort; that many
to Lieut.. Col Fremont, then the Governor ana
Commander in California under the appoint ment OF
Gov Stockton, and according to the laws of nations
And Lieut. Col Fremont wishes to prove the taking Of
these horses and mules from him In the atore
sad evidence and proof Of the temper In which Gen
K-arny acted towards him and OF the ndignites out
RACES and negalities prac Used upon him by General
Kearny and to be used for what they worth when
Lieut. Col Fremont comes to make his general defence
The Court cleared to take into confederation tnis
paper On its opening again. the Judge Advocste stated
Ia substance that the Court would admit the evidence
The Court then adjourned
We understand Col Fremont has about twenty wit
yet be examined IL is probable their exam
nation will be concluded next week. b.
BANGOR, Me Dec. 10, ls47.
Ndpig alton and the Weather-IHs Market-The Presi-