Sunbury American and Shamokin journal. [volume] (Sunbury, Northumberland Co., Pa.) 1840-1848, 1848-01-15


bfowbeat Gen. Kearney, by looking him down
until "his eyes fell upon the floor" Old Bullion
must have terrific eye, 10 make the gallant
Keatney quail before him. Had he been ap
pointed Lieut.. General. he could have f-owned
one.hslf the Mexicans to death. The following
are the proceedings:
General Kearney said mir President-Berore |
the Cour, is cleared wish 10 make statement
No objection being made
Gen .Kearney said: / consider il due TO the
dignity Of the Court, and the high respect en-.
tettan for It, that should here state that on nv
last appearance before this Court, when wa.
answering questions rropounded to me by the
Court, the senior counsel of the accused, Thomas
H Benton, Of Missouri, sat in his place making
mouths and grimaces at me, which I considered
were intended to offend, to insult, and to over.
awe me
Task OF this Court no action 90 far as am
concerned. ! am fully capable of taking care
Of my own honor
The President Of the Court said; He regret.
ted very much 10 hear IT, He had not observed
anything Of IL He referred TO the power Of
courts martial under the law in regard 10 viola.
! tions Of order in its presence and he read the
10th article Of the Rules aud Articles of War as
follows:
No person whatsoever shall use any menacing
words, signs, or gestures in presence OF court
martial, or shall cause any disorder or riot, or
disturb their proceedings, on the penalty Of be-
ing punished at the discretion Of the said cnur,
martial
The Hon. Thomas II. Benton, counsel for
Lieut.. Col. Fremont, then addressed the Court
rs follows:
"l desire the Judge Advocate vii! take down
what say" lie then continued:
"Mr President: On OF sbout the fret day Of
Gen. Kenrrey's examination before THE Court
when he stood in that corner, and when he
twice swore that Col. Fremont had the oxig.
malls now Of certain papers il he had not destroy.
ed them, he fixed b eyes upon Col. Fremont
fix,dly and p,usingly, and looked insultingy
and fendshlcy at HIM The Judge Advocate,
by leading qucs,h ns, led Gen. Kearney into a
mod ,fcation ofwhat he had previously sworn"
Here a nember of the Court rose and said ::
"Mr President, rise to bring the attention of
the Court 10 point OF order, which ought, |
think. to be observed Remarks reAeciing upon
the inte gritty Of our proceedings are not, in our
opinioE. admissible"
Col. B. n,on said II admit the power of the
Court to punish. but they must first he.r."
The member above alluded 10, again rose and
said "Mr President | wish il TO be distinct.
ly understood that in rising intended to inter.
pose no impeachment to free and full reply, or
the part of the senior member Of the counse
for the defence, II The remarks which have beer
made by Gen. Kearney."
The member further said mir President
it is we'll known principle of law that party
cannot be allowed to put leading question tc
a witness who testiies on the part OF that party
and especially when it would lead the witness
course would have been corrupt in :he Judge
Advocate, and the Court would have been dele
, rict to it's duty TO have permitted such q pro
cecding."
II being now few minutes OF o'clock, wheF
by law the Court must ADJOURN, the Judge Ad
vocste requested Col. Benton to continue hi
remarks without waiting for the Judge Advo
: cate TO record them, and he, the Judge Atvo
= cate, would endeavor to remember anu after
: wards record them.
Col Benton continued his remarks, according
TO the recollection Of the Judge Advocate, a. fol