Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1847-11-06


sion was not valid
The reading of the charges being finished the
accused was called on to plead TO them, and an
swered that he was :" Not guilty" He was also
informed that it would be his privilege to except to
any particular charge.
Col. Fremont then asked leave to read to the
Court the following paper:
ssMr PREsIDEsr In preerring the request to be al
lowed counsel in this case wish that il is no part
my intention or desire make defence any legal tech
nica point but only have friendly bringing
the merits of the in lucid and proper ORDER and in
obtaining full trial the merits, in the shortest tme and
with the least amount of trouble 10 the Court. With this
view no objection be made TO the relevancy legality
any question proposed by the prosecution, the Court any
member the Court to any question which goes show
my motives either by words acts in aggravaon of the Of
fences alleged against to the authenticity of any
evidence written or printed, which know or believe be
authentic nor will any question be proposed made
my part knowingly, of nature give just ground of OBJ
lection on the part of the prosecution delay the
trial. give trouble the Court But this waiver of proof
the authenticity of papers is made the express condition
that all the persons brought from California by Gen. Kearny
witnesses, and listed such with the charges, and
moned, shall be the part Of the prosecutions
my right Of cross examination.
In this way hope facilitate the progress of the trial,
get into the merits spare this Court the
unpleasant part Of unpleasant duty, and enable them the
sooner to obey the feelings which call very different
duty.
81 name the counsel asked be allowed the
friends who accompany me, Thomas H. BENTON and Will
CAREY JOKES, Esquires"
The Judge Advocate here brought forward for
the decision of the Court applications on the part
of several Reporters for the press to be allowed to
take notes with a view to the publication of the
proceedings in the trial. Whereupon the accused
offered the subjoined paper:
"Mr. President So far as prohibition to publish the
proceedings Of the Court is intended for the benefit of the
accused do hereby and waive all such benefit and
agree to the publication of every thing"
The President now ordered the courtroom to
be cleared, with view to consulting on the appli-
cation submitted. This being done, the Court re-
NAMED with closed doors for about an hour. AT
its re-opening paper was read by the Judge Adj
vocate, in which the Court, though declaring that
its proceedings open to the public, declined
to take any such order that asked for by the ap-
plication, or in any manner to sanction or approve
the publication of the evidence which might he dis
closed in the course Of the trial.
Ii being now too late (near o'clock p M. J to
enter into the examination of evidence, the Court
was adjourned until 10 o'clock A. M. tomorrow.
THIRD DAY-THuRsDAY, NOVEMBER A.
The Court met at 10 o'clock. All the members
present Brig. Gen. S. w. KEARNY was sworn as
witness for the prosecution.
Question by the Judge Advocate Under what commission
in the Army othe United States under what orders from
the Government Of the United States you in California,
from and after January 6, 1872
Ars,cer. in California Brgader General in the
Army of the United States and under instructions from the
War Department, under date of June B. 1916, copy Of
which is here, and which present to the Court trp
copy. know whether that is Secretary Mscy's ssnr
ture, but the paper furnished to from ne War pe
partmen with the certificate Of the Chief Clerk thst IL IS
true copy from the original,
The paper read by the Judge soca'e' ana is as
follows
TConfdcntial.l W,sHrSer,S, JuNE 8, 1916.
SIN herewith send you copyt my letter 10 inc GOV,
of Missouri for addiiiona force o. one nousanu
mounted men.
The object of thus adding h force under your command
is not, you will perceive full set iorth 10 na ee ior
the that is deemed pruent that shoua NOT at
time, become matter Of pubic notoHey ou W you y
proper and necessary that it should be stated
II has been decided by the President to OF the greatest
importance the pending with Mexic9lo take me earn,
est possession of Upper California An eNedhon WIN ina,
view, is hereby ordered and you are desgaeu 70
it. TO enable you be in sufficient fec 10 conduct sue
cessuly, this additional force Of housand mounted men
has been provided follow you in ne direction oil santa
to be under your ORDERS the offer you may leave IN com
mand at Santa Fe ~
II be determined how Ar ts additional iorce VIII be
behind that DESIGNED for the na FL expedition but it will
not probably be more than few weeks. When you arrive
at Santa F with the force aeady Called and shall have taken
possession of il, you may sd yourself IN condition TO gar
rson il with small pay Of your command las 'he addi-
ona force will boat that placer anu win the remain
der press forward to Cona In that case you will make
such being followed by the renforcenents
before mentioned in your judgment may be deemed safe
and prudent ped not say you that IN case you con-
quer Santa Fe and with will be included the department
or State of New Mexco) will be important to provide for
retaining safe possession OF it, Should you deem IT prudent
to have still troops for the accomplishment OF the objects
herein designated, you will lose time in communicating
your oppon that point and all others connected with the
enterprJe TO this Department Indeed, you hereby au
thorzd make direct requistion for upon the Governor
of Missouri
is known that large body Of Mormon emigrans en-
quite California for the purpose of settling in that county
You desired to all proper to have good under
have their cooperation in taking possession of and holding
that country. II has been suggested here that many OF
these Mormons would willingly enter into the service of
the United States and aid in expedition against
California You hereby authorized to muster into service
such be induced TO vouneer-not, however, to
number exceeding third of your entire force Should
a. -