Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1847-11-27


the Court rejected the question: and reminded the accused tina
when another witness under examination il had declared
that it would not entertain the subject in any shape
Question. Were you present when Col Mason used tc
Lieut. Col Fremont this language 'fNone of your nso
ence, I'll put you in irons !" words to that ecc
The Court again cleared and, its being reopened
had decided that the question should not be put
Question Do you know whether, in the month OF Februa
~, s47 and in fuheance of the objects Of the treaty
Couenga safe conducts had been by Gov Fremont
the province OF Sonora relying upon the faith Of which safe
conducts Moreno and other Caonians who had been
active parsans in the instruction Of September 1916 return
ed their families at Los Angeles having with them the safe
conducts of Gov, Fremont Now did you not Immediately
after the arrival ut Los Angeles, and mpson Moreno
and his companions thus violating the safe conducts If Gov.
! Fremont
On reading this question, the Court more cleared
and the reopenng its decision announced TO that
the question irrelevant and could be put and then,
after reading the witness his testimony as recorded the
Court adj journed till TO at 10 o'clock.
| FRIDAY, NOVEMBER 26-TwESTIETH DAY.
! The Court met pursuant to adjournment; all the
members present.
Tie cross examination Of Major PHILrr ST. Gro CooKE a
witness on the part of the prosecution, resumed.
Lieut. Col Fremont, the party accused read on leave
the Court the following paper u~
"Mr President Lieut. Col Fremont is instructed by his
counsel say, that in offering question yesterday
laun the impending duel with Col Mason with double
barred guns and buckshot cartridges, after similar ques-
ton had been rejected by the Court they 1.-THE counse
/
scope this trial. and be both relevant material He
is also instructed TO say that his COUNSEL well himself,
have no doubt mat The Court would now hear an
that object il the privilege of explanation asked but
believing that this be delayed, and properly
part Of the general defence, further request will be
made on the subject.
s'eut Col Fremont also desires say that anxiou to
accelerate the progress of this trial. and unwilling give the
Court the least trouble he viii hereafter in the
nation waive ANY question which an objection from
any member of the Court from the Judge Advocate and
thus prevent the trouble and delay of clearing the Court and
RAJ defence and to supply the place q he answer y
by direct testimony 81. z. FREMONT,
Lieut. Col Mounted Rifemen."
The Court then cleared. On its being re-opened the
cross examination of Major Cook proceeded
Question Did you not charge jose Antonio Carreo
OF the Californian officers in the Isurrecon, with hav-
ing engaged in conspiracy with Lieut. COL Fremont against
the United States and with having engaged to furnish Lieut.
COL Fremont with two hundred Californian hosemen And
did you not threaten to mpison him br the same,
ARStUer No.
Question. In the postscript of your report Capt Turner
found these words "P. S. informed by Captain
Owens that there least hundred horses
Gabriel The adutant said he knew there hun
'dred and fifty few days ago.. Now do you know whether
Lent Col Fremont ordered TO produce these horses
brief notice and when produced the pick and
choice OF them sold for the, low three dollars
head
dns,6er. When Lieut. COL Fremont was settling up his
affairs al Los Angeles. turning public property I'M
der the orders of Col Masonque large number OF horses
turned over. There considerable delay in getting
the whole of them turned they not all turned
at one time The best assigned to company g. ls dra
goons and large number sold for mere trae being
found in very bad condition. think many Of them sold
for three dollars or less.
Question Do you know that these horses about one
hundred and twenty OF them had been specially prepared by
Lieut.. COL Fremont with view carry his party 10 Mexi-
co and, failing that to I've used in taking back his party by
southern the United States Were they not ordered
be produced brief and when produced were
they not sold for a trife ?
Ansoer. In of Lieut.. Col Fremonts interviews with
Col Mason at Los Angeles in answering his inquiries
public horses COL Fremont said he had about hun
dred and fifty hundred and horses be gazed
aened at rancho the vicinity that he expected to
return from Monterey, and these horses surveying
southern route the United Staes- think the ella
route do not know what horses they were corps
party they belonged at that time, to any. Col Mason
did Tot assent to reduced their number sixty this,
at least, is the best of my recollection. have a clear
collection of the last part Whether these the same
horses, of them, which sold under my orders
do not know. had no opportunity Of knowing
Question In your report you say If these Americans
are taught not to obey the legal authority Of the Governments
what dangerous impressions must have unavodaby
parted TO the late enemy who surround who gaop
the country armed to the teeth, and many Of them Nth e1-
ponstahei IA battle from troops" Now what
pons did you refer to as taken from troops When
and where they taken And any arms lost by our
troops but at the battle OF San Pascua
The Judge Advocate here recorded remark that the o
ca report had been introduced the crosexamnaion Of
the witness and that he did consider the question
y relevant under the rules adopted by the Court vet be
waived the objection and had objection having the CUES
ton put and answered.
Major Cook said he had no objection to answer it.
Ans,cer The whole Of my 10 the question be
hearay -iounded on report. The weapons which
alluded TO sabres, taken in battle San Pascua as
supposed from who had been killed. General Keamy
commanded in that action. not aware that any arms
had been lost elsewhere in battle by troops Caorna;
though there might have been in Capt Mervns defeat
Los Angeles, which Is the only battle, remember which
our troops engaged in, in California except under the
orders OF Cen Keany In the siege and capiuaon Of Los
Angeles, (Which might be considered by battle
am not mistaken artillery SURRENDERED
Question. In your animation you speak Of certain
verbal orders Of Gen. Kearny under which and his written
letter, would have crushed" the OF Captain
Owens how did you consider those orders applicable
and was not Lieut.. Col Fremont then in command Of the
California battalion
Anscer believe did not speak Of crushing Capt OWENS
resistance yesterday The verbal order alluded might
considered giving higher Importance in my view, the
object to be attained, which company G.
ls dragons, the two mountain howtzers part of Their
armament When those verbal orders given and when
they were received Lieut. COL Fremont in the neighbo
hood Of the California battalion but calling himself Cover
nor, did know whether he in the actual command Of
1t or not received, at the time with the memoranda
or verbal ORDERS department order placing command
the district but might not have included the command Of
that battalion prior to their being mustered into service
Question. In saying that you told by General
heanN by any other person in his name, that his
purpose 10 you a witness the trial Of 1t Col
Fremont do you make distinction between personal and
official knowledge, between direct and indirect knowledge