The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-11-15

w
Cold sour NORTHEASTERN Disageeable weather for the
exhibition Of the fall fashions,
Court met at 10 A. NJ All present. Record OF yes
terday read over After the reading,
Gen KrAKrv desired to be permitted to add ct the end
TO the the ssss S Of my y rseOsct ION S''"S
So that his to the last ntsrrogstory yesterday
Did he use his utmost endeavors to suppress the al
legged mutiny of 1t Col. Fremont, as required by the
military code! should read
Nothing further occurred in that interview ION the
nth OF January In reference to the governochp be-
tween 1t Col Fremont and myselfthan what have
lated, to the best Of my recollection
The request Of Gen. X conceded, and his answer
recorded accordingly
Here pause occurred Of some ten minutes while the
Judge Advocate held a consultation apart with tbs
his return,
The JupoE Apvoc ATE stated that certain documentary
evidence, (oiciai corresponds &c had been pro-
cured by the counsel for tho defence and that they
desired to submit to the CT the court on
question its admission record and that one
of the counsel Of the defence had visited the War De-
partment with view to the examination Of the ocsl
files Of the Office and had discovered Of
value to the dsfsDce copies Of which could not be fur
nished to-day The defence would therefore ssk that
certain papers hand be admitted to-day aud that In
view Of other papers yet to be brought forward the
court adjourn over to Monday next.
The court cleared for consultation upon the sub
ect matter Of this application of the counsel Of the de-
fence
On the reopening, the JUDGE ADVOCATE stated that
Cen Kearney having said in his examination that
the charges were not bis which the accused
trial the counsel for the accused had made application
by writing to the Adutant General to know the author
OF the charges and the Aduant General had replied to
that applications which correspondence the counsel for
the accused asked to present III evidence
THE substance Of the reply of the Adjutant Gensre
understood to be- that the information upon which
the charges founded was furnished by General Ksar
ny to the War Office
The Juper ADVOCATE said that that correspon-
dencs was insdmssibe BY the decision Of the court
nowitness from any lawful impeachment OF his
credihility but when on his tcross-e1amination a
question collateral matter is allowed to be
abide by the answer and undertake to oontro:
fered the Court impsach the witness the orr
gin of the charges against the accused they fall within
the origin these charges they equally beyond
province Of the Court. The Court considers II rree
want to the issue II is ordered to try
In to the request In behalf Of the accused for
time to procure certain papers from the War Once Of
forthwith sdjournng over to Monday next W.
NB.-The following il the correspondence ruled out
by the court to-day -
WAsHiseros, Nov. Q, ls47.
sir-Genersl Kearny having on Monday last testified
The charges on which Lieut. Colonel Fremont is now
srragned mutDy charges. ! prepared . single
charge against Lieut. Colonel Fremont. The chsrgss
on which he is now arrsgned have been changed rom
mine.
q (By Lieut. Col. Fremont) you give any infor-
cation under the fret charge In relation to the canons
A. | did not.
And we having hitherto understood that trial was
refused to Lieut. Colonel Fremont any other charges
and specifications than those bounded the allega
tons forth by General Kesrny have to inquire
whether your charges and in this have
preferred and Incorporated by any other person
than General Kearny and II So by whom and also to
request the orgn Of the charge or charges and spsci
to General Kearny.
Very respectfully
Your obedient servant,
(signed) THOMAS II. BENTON.
w. CAREY JONES.
WAN prr,RrMrsI, ApJr. GrsrnALs oryIer,l
WAsBInGroN. Nov. IA, lS47.
GENTLEMES-Your letter OF the 9th inst, making
tain inquiries respecting the charges and epechcs
tions So the OF Lieut. Col. Fremont has been
inform you that the charges and produced
to the Court Martial In session for his trial were
based upon the facts alleged and oSay rep
understood that any charge specification mas been
introduced based facts derived from any other source
whatever.
am also instructed TO cay that the original charge
and specifications against Lieut. Col Fremont present
ed by Gen Kearpy and other communications from him
or transmitted by him 10 the Department placed
in hands Of the officer selected for Judge Advocate
with the general direction Of the Department put the
matters OF charge therein contained in proper form
shape for trial and with the further In sub
stance, that as 1t might be matter Of doubt what
the legal designation of the oeuce whsh the facts al
ged would constitute that they might be- II pre-
sumed set forth specifications under more than
general charge.
The original charge and specifications prepared and
filed by Gen Kesrny st In the hands Of the Judge
Advocate subject be produced by order Of the court
should II deem the production Of them proper Tor any
purpose whatever.
The department would ind great dinicuty In adopt
Ing the conclusion that 1t could rightuly direct the
Judge Adyocats as TO the manner conduct
ing the proceedings OF the Court "a to submitting to-
Withholding from the accused the papers In his hand
does not however perceive any objection the Judge
Advocate msy have TO yield to your request to inspect
the original charge and specification prepared by Gen
kearny, am gentlemen,
Very respectfully your obdt serv't
(sigued) II. JONES, Adjt 0en'l
Hon 7. H. Benton,,U. 8. Senator, and William Carey