Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1848-01-15
ARMY COURT MARTIAL.
THURSDAY. JAsrAnr e--Fonrr-srsrn DAr

The Court met pursuant to adjournment; all
the members present.
The recoss examination Of Gen. KRARsr by the defence
was continued.
Mason told YOU he understood Capt Gillespie about
leave Monterey San Francisco the Sacramento BOTH
(you not remembering which, and he feared his Glespe
appearance Sin thai district Of country" might
produce excitement among the people. Now, which dis
ct Of country do you mean by the use Of the defnye
tce "that2"
Ansscer. meant the district Of country to which Lieut.
Gillespie going.
Question Did the fear Of the excitement extend to both
districts
Ans,cer 1t was information which myself received from
COL Mason. His fears were, understood him. that the
excitement might be produced in the district Of country to
which Lieut. Gillespie going.
Question What people do you mean thus expected to be
excited by the appearance Of Capt Gillespie among them
Aas,cer. II was COL Mason's meaning, not mine.
Question. Did you act upon COL Masons meanings with
out knowing what it was and heeupon your influence
with Com. Bddle TO detain Gillespie
Ans,cer AS stated in my testimony yesterday, the in
formation received Of Lieut. Glespies Intended movement
or expected movements entirely from COL Mason.
had no information Of his intended movement from any other
whatever was of the opinion that the quiet OF the
country would be best by Lieut. Gillespie not going
Biddle.
Question. What was the nature of the excitement ex-
pected
Aasyer presume that Col Mason, upon whom was to
his conversation with me, apprehended that there might be
produced sons objection his authority the country
Question. What people, Americans or Calfonians do
you Us to understand as being thus excited
AaS,oer. presumed both.
Question Did you expect Capt Gillespie to excite in
surrection against your successor, Col. Mason
A,ls,Uer. did not.
QUESTION Were you at that time Of social inter-
with Major Gillespie and do you know whether Col
Mason was also
Ansaoer There was at no time any difference between
Lieut. Gillespie and myself Whenever we met we exchang
ed saluatons between gentlemen There nothing
else between know not of the intercourse between
Lieut. Gillespie and Col. Mason
Question You said your testimony yesterday that you
thought the quiet of the country would be best preserved
by preventing Lieut. Gillespie from going about the country
Now what did you by these words preventing him
from going about the country e
suer meant that the quiet Of the upper district of the
country would be best preserved, in my opinion, by Lieut.
Gillespie not going up.
Question. What law prevailed that time, martial civil,
in California ;
Anoer The civil law, as far as the military authorities
would admit of.
Question. What character had Major Gillespie
Derby a sedtious citizen
member obectng the Court ordered to be cleared
Lieut.. Col Fremont read the following paper
Mr. President The witness before the Court Gen.
Keany is introduced by the prosecution to counerct the
testimony of Major Gillespie in material point in this
defence 1t is REORGANIZATION and
before this Court II is the reinroducton of mpeached
overthrow unimpeached
interested against disineresed witness Under such
circumstances Lieut. Col Fremont is instructed by his
sci say that he has right to with all the
latitude that he would have If standing at the old Bailey
trial for nureetion mutny, unless where his right should
be restricted by statute of the United States and he
fers the of Governor WALL for murder, in the year
1902 chassng death soldier alleged mutny twenty
years before 6oree off the of Africa to show the
tent of these rights The question before the Court that
trial the that il is this namely, mutiny,
muy and the counsel allowed lay their questions at
distance from the object that the object might not be
that bore upon the issue its broadcast and especially
affecting the credit Of witnesses The judges that
the Lord Chief Baron Of xchequer Sir Ach
bald Mcdonald, with Sir Soulden laurence Of the Kings
Bench, and Sir Giles Rookie, Of the Common Pleas The
Attorney General Sir Edward Law, aerward Lord FL
ienboro1g and the Solicitor General was Mr. Spencer Per-
cval aiterward Prime Minister II be admitted Leu
COL Fremont is instructed say that these gentlemen and
the eminent of the defence, knew how conduct
trial where the question mutiny, muny And he
is further instructed to that is the question before
the Court and under the law under which the question
then tried the Old Bailey. The muny articles Of the
rules and articles Of the United States copied from
the British muny OF George H. aud the rules Of tes
mony be observed by this Martial observed in
law courts, unless altered by the law martial
Every question offered therefore, which would be admitted in
common law court must be admitted in martial
less il be shown be forbid by the law martial This
Lieut. COL Fremont is instructed by his counsel is the law
and the of his before this Court he therefore
claims the right have put the witness the question which
he has offered and many others Judged by his counsel to be
material j. G. FREMONT, Lieut.. Col. M. X.
After closed session Of time the doors opened
and the following decision announced:
"The Court perceves nothing in this testimony Of General
keany coutradcting fact in the Testimony Of Capt Gill
espe Capt Gillespie testified certain facts from which
he inferred that he detained In California by the inter-
ference Of General Keay but stated that he knew no facts
from which he inferred that he detained keep him from
this any such trial. The facts however, having been oer
ed in evidence by the Defence with the avowed purpose OF
raising inference in regard to this trial. Gen Kearny has
been recalled explain the circumstances Of his official action
in this matter.
ellis that his official action induced by the APP
picaon Of Col Mason and his opinions regard TO the sub
which COL Mason tohs attention, whether arising
in his mind caused by the Of Colonel
Mason be by showing that neither his
Col Mascn's opinions well founded ought
this Court investigate the grounds Of those opinions in
qure into the character conduct Of Capt Gillespie in
California
And the Court decided that the question could not be put
Question. What did Col. Mason inform you was the an
swcr of Com. Bdde when he returned
Ans,cer think Col Mason informed me that Lieut.. Gil
espe would not be permitted that leave there.
Question AT what time did you understand the detention
to and Major Gillespie be allowed to go about the
country
Anscer understood nothing upon the subject further than
what have stated.
Question. Why did you write to Com Bidde about the
hire Of tho house Los Angeles What connection had il
with the expected excitement San Francisco the Sa
cramento
Ansicer considered the renting Of the house Los An
gees by Lieut. Gillespie proving his part, that il was
TO be the place Of his residence for short time thereafter
The defence said had connection, that of
with the excitement at San Francisco
Question How far il from Los Angeles, where he had
rented the house, 10 San Francisco and Monterey