The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-11-20
Court Martial OF Lieut.. Col. Fremont.


Court me. ct 10. Fine bright Indian summer day
several reporters half dozen Of the sovereign people
and the Little Orderly. Roll oaed-rsoord Of ysster.
fho last question propoundsd to Cen. Ksarny ysstss.
day, was: Was not Lieut. Col Fremont under durses
ty, with the power and the determination to enforce
obedience"
to make an explanation My .nsver to the last quss.
ton put to me yesterdsy Is not rum iently explicit
wish state that the word dursss In that cues.
ton technical one, and from my understanding Of
it would state In reply to the question put to me- that
do not believe that Com Stockton would have used bis
force of sailors and rines compel Lieut. Col Ere
mont to obedience to his orders hut believe that hs
obedncet to such orders In consequence Of his pre-
That is ali / wish to say on that subject would
also wish to state my understanding Of the raising
the month Of June, 1896 taking for its bsss the topo
graphical party which had accompanied him from MIS-
souri,, that In the month Of August, Lieut.. Col Ere.
and Com Stockton being in Los Angeles the latter
gave the officer his instructions August a.
went to the north and increased his command; that
about the 18th Of Oct, LIT Col Fremont, with such
the to p.Slo that n:s
Santa Barbara he turned and went back to San
Francisco and the sacramento. at bis volition TO
increase his command, and, ~ believe without the
orders, and contrary to the wahes expectations Of
Com stockton He increased his command to about
400 men, and with that battalion thus increased marched
Is47.
The JupoE ADVOCATE submitted a statement In 70.
spect TO the classification Of Gen KearDys tsstimepy
discriminating between that which from his under.
that which s Of ownpositivs knowledge
and laying down the rules OF evidence n
illustration Of his view Of the matter and Of his opinions
in particular regarding the explanation Of Cen kesrny
OF this morningkjust made to the court.
Lieut. Colonel FREMoSr respectfully ntimates to tho
court the advice Of his counsel tha what the Wit
Fremonts reasons for obeying Commodore Stockton In
preference to himself and In bis other tsstimo-
e NOT Sa ;aS
make the request; yet will ask all the rights Of de-
fence which all this additional and positive testimony
Of Gen Kearny gives to the defence In this
Ths court ordered to be cleared and after long
interval with closed doors, the court eopsned
The court decided the explanation Of the witness
be admitted In previous part Of the proessd-
ings while this witness under examination
and %
tera to the matter under trial IL several times In
tmated to the by the Judge Advocate that the
Of these questions irrelevant to the main SUBJ
ject under trs but nrspy the accused gnhed to the
court that these matters however irrelevant they might
portant to his defence Under this declaration the court
acceded to the wishes Of the accused by allowing these
II PREVIOUS part Of his that he hsd been
repeatedly questioned upon matters about which he had
personal knowledge, but that he had, in spirit Of
good faith TO the accused stated all he had heard
understood In regard to the matters upon which he bad
been questioned The explanation Of the witness this
morning Is pore irrelevant than the previous tsst
mony, which s desired to explain IL IL more 20,
than the questions from the accused to which that pre-
evs BEEN originally on the
aton the witness has an admitted right 70 ex-
plain i as though the matter explained were WITHIN ms
proper time decide what portion OF the testimony
which been delivered before IT, IL relevant TO the
case what part OF It, any, irrelevant and to dis
mics from their minds that which has not been deliver
proper knowledge Of the facts, the moro sspe
O. (By the Court) Aner the receipt of Com. Stock
toms letter 10th January ls47 suspending you from the
command At Cuidad ds loo Angeles did you continSs IN
and II 30, what portion Of thsml
A. continued In the command Of the Dragons, and
others
q (By the Judge Advooate) You said In your
minaon yesterday that Com Stockton was considered
he turned over his forces your command Now what
portion Of that command did be turn over TO yousnd Of
what forces was he the commander IN chief!
A. The sailors, Marines and q few volunteers were
turned over by him TO the 10th December con-
sidered him In chief over them and over the
battalion OF the California volunteers until the arrival
the latter at Los Angeles near TO Los Angeles when
they under my command
q (By q Membsr) Did he at any time between the
10th December 1896 when you met him At San Diego,
and the sth January when you left Los Angeles inter
m nssr a. sp forces in California by aSy order,
Question not distinctly caught
lThs court cleared and the re-opening II vas
that the court had decided that the question
Major PHrLrr ST. Groaen Cook, Of the Mormon bat
q (Dir.ef sngmsnstion) State what commission 10
the service Of the United states you held In California
March oath, isa7.
Dragons, and was also made major vitnout ny
knovlsdse, Of the I'D regiment commanded IN. pa,
TALON 81 volunteers under appointment OF ceners'
Kesrny, with the rank Of lieutenant colonel
q. What command did you hold under oen Nearby
A The command Of the Southern Military Dhtrict
@. Was ye ur authority resisted by Capt: Owens ana
A IN tha5ttb March / rode out ifon Lea Angeles 70