The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-12-08
court Martial OF Lieut. Col. Fremont.


The court met at the usual hour all the members
sent. The record Of Saturday was read The court
said Il had not quite concluded the examination of the
documents by the defence Friday last aud
that 1t would nov finish that examination and then
the court cleared
Judge Advocate read the following decision -:
That the reports which are submitted to the court
from commanders on the coast Of California to the
Navy Department, snd tbs correspondence among Off.
and other the Pacific net evidence
to prove their contents cannot received SUCH
for tho reason, that they not delivered oath;
that they not delivered before the court by wit
ness placed subject to cross examination that they
contain many statements which have no relntion
to this trial, aud which the court cannot
terrain that they contain many other statements
which, though they may have been derived from the
best information possession Of the witnesses do not
appear TO have been Of their kno wledge As
further remarks that he Ia witness in attendance
the court and can give his testimony in the usual and
II these reports of naval commanders to the Navv De-
Dartment are offered TO prove not the facts stated In
them, but the powers and authority which these
mAuders asserted aud exercised 1t will be necessary to
show With them the distinct recognition and approval
Of In order to them up against the
express orders Of the to General Kearny
and, even then this court cannot doubt that such
recognition and approval operate vely
20 a. to annu previous orders at aud for the time when
suoh previous orders were actually In force
And tho Court 10 Of opinion further that where in
gtructons from the Executive departments Of the 60
vsrnment produced to show the authority under
which commanders have acted IL Ia necessary to show
also that they received TO have been in force The
to the issue The Court has matpr. rely examined the
many papers submitted TO IT, and directed the following
to be admitted ON its record
|. Col. Fremont's appointment Of Major from Com
Stockton.
2. Col Fremont's commission OF Governor from Com
stockton. TT
The Court does not ind among the papers any others
which appear proper 20 its record evidence
produced II has classed these papers, according
to its present Judgment Of them, under four heads
Such come In the form Of evidence, but are not
relevant 20 this trial
y such as are not evidence and besides contain
thing relevant TO this case
3. Such as may be useful evidences, II proved.
4. Such already the record, and therefore
need not be repeated on It,
And the Court directs all these to be returned TO the
defence and that the Judge Advocate signify to Lieut.
Colonel Fremont tho view which the Court has taken of
them; at the time to inform him that the Court
will receive argument from him to show tbs Admissible
hty In evidence Of any Of these papers which he
wish sRain to present to It, In such however the
papers win be presented sinay only such papers 10
connection may be necessary to constitute single
Il 10 introduced But the Court remains Of opinion that
oompste copies OF documents must be offered and not
extracts only ATE. examination, the extracts indi-
GATED may be taken found correctly to represent the
sense and effect of the original
The foregoing general opinions OF the Court in ard
TO documents as evidence. maturely considered
But the Court will receive arguments from the dfenc
on the sdmiSibility Of all evidence before finally de-
siding on it.
Ii. Col Fsrmorr presented paper, stating that he
would to-morrow offer argument In support OF hi'
documentary evidence and that now be was ready tc
proved with his testimony