Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1848-01-15

Lieut. Col Fremont entertained between Com Bdde
and YOURSELF to your knowledge between Com Bdde and
any other person, either verbally otherwise either directly
indirectly Please stste all the facts within your know
ledge touching this subject.
Ansper Such subject was never entertained between
Com Bidde and myself any other person, to my know
ledge. never conyeTsed with Com. Bidde
line to him. | never conversed with Col Mason ne
wrote line to him that subject any subject having
the Iemoest connexon herewith and conyersed
with any other person and never wrote line any other
person the subject The only time had any control
1t Gillespie of the Marine Corps, ordered him to repair
to Washington, which was the LIST Of March, ls47;
will be in the second paragraph of tenth military
department order No 2 which has been produced before this
Court by 1t Gillespie himself ISSUED that after having
vesed with Com Shubrick the subject OF the disposition
to be made Of Capt Gillespie met with Com Shubricks
appreciation.
The Court here into closed session After some time
the doors were opened and COL W. H. Russell called
as q witness.
Examination By tie Court.
Question. To the question by the Court s'Did General
kearny admit ia any manner that Com Stockton had right
in consequence Of relative rank to command him General
KeaIny) any troops in the army ~ you answered
81 understood Gen Kearny claim his right 10 command
in the country founded his instructions only posi-
tive that the question Of rank he yielded precedence
to Com. Stockton. State now whether Gen. Kearny adj
nfted 10 YOU in any manner that Com. Stockton had
gh by virtue of relative rank command him (Gen Kear
ny) Bgadie General in the army, to interfere with his
command of the army troops within the tenth military depart
ment to which he had been assigned.
Lieut. Col. Fremont presented the following note
Mr.. President Lieut. COL Fremont desires to say that
at the time which that question refers, he apprehends il
not known in California that there any military
j. c. FREMONT,
Lieut. Col. Mounted Riemen.
The Court ordered to be cleared.
The doors opened and much Of the question as re-
aes to the tenth military department being stricken out the
question again put
A,ascer As before stated in my chief examinations was
dispatched by Lieut. Col Fremont the evening of the
capulaon Of Gen. Andres Pco commander chief of the
Caornans the Angeles where both Com Stockton and
Gen. Keamy were, and specially instructed by him cuL
Col Fremont TO ascertain by all possible who was
in chief command and to make the report accordingly Of the
captulation OF that day. called first Gen. Kearny and
delivered TO him note or letter addressed by him Lieut.
Col Fremont in acknowledgment of one
member suggested that the witness be confined to the
question
The President said the witness will not be interrupted
Col Rassel continued In acknowledgment of that
he Qeutenant Col. Femont had received from General
kearny the march. told General Kearny my business
and directed by him make my report TO Commodore
Stockton, whom he acknowledged being in chief
mand and admitted to that he had served under him
as such from San Diego and Los Angeles accordingly
made the report TO the Commodore On the evening
Gen. Keay showed his Instructions from the Secretary of
War, and inquired Of me what thought of them and whe.
Their they did not give him chief command That led the
discussion OF relative rank, when Gen. Kcay,
to be misunderstood, admitted TO that Com Stockton in
him brigadier general thought otherwise. He Weld
ed that question: and claimed his position in virtue of his
Frucons only. am confident that this admission of Gen.
kearny applied 10 the California battalion, for it in ree
renee to the battalion alone that instituted the inquiry.
knew of distinction reference any troops California
made by Gen Kearny But the inquiry particularly in
regard to Col. Fremont, by whom was sent.
Gen. Keamy then recalled by order of the Court and
question having been asked Lieut. Col Fremont presented
The following paper
Mr. President Lieut. Col Fremont is advised by his
sci that when witnesses called upon points contradict
on according the rules of evidence that they should
be confronted He therefore requests that COL W. H. Rus
sell and Gen. Kearny be called the Court together and
here put face to face andb by the Court further
j. e. FREMONT,
Lieut.. Col. Mounted Rnemen.
The Court ordered to be cleared When the doors
ere opened, announced the decision that the
fronting of witnesses in the discretion Of the Court and
in this the Court would not resort to it.
The examination Of Gen. Keany then continued by
The Court considerable length We have report OF this
part of the proceedings but will endeavor supply the def
cheney hereafter
At the conclusion Of Gen. Kearnys examination, Lieut.
Col. Fremont presented the following paper
Mr.. President Lieut. Col Fremont does understand
whether the Court has decided that the witnesses en
earny and Col Russe shall be confronted al all If
decided he asks that may be DONE and Colonel
Russell be thus Intercepted by the Court all the points
j. c. FREMONT,
Lieut. Col. Mounted Rihemen.
The President Of the Court replied that the Court had de-
cided that they would not confront the witnesses.
Whereupon Lieut.. Col Fremont presented the following
Mr.. President Lieut. Col. Fremont asks that COL VIM.
H. Russell may be called back by the Court be nterrogated
by all the points which Gen. Kearny has conadcted
him under questions by the Court ptom conformation, the
Court having decided that the witnesses shall be
fronted. j. c. FREMONT,
Lieut. Col. Mounted Rihemen.
The Court cleared, and when the doors opened
it announced the following decision
sThe Court has asked such questions seemed
ccssay the distinct understanding Of the recoecons and
meaning of witnesses The Court has sought array
witnesses against each other in contradictory statements but
rather elicit whatever might 20 reconcile a
parcnty such has the Court had any purpose imply
dstrust Of witness The Court suppoes itself possess
sion of whatever be elected from the witnesses this
view.
elf however, defence have material omissions sap
ply the Court will recall any witness and put any questions
proposed by them which may consider necessary this in
yestigation."
Lieut. Col. Fremont then made application for the
call by the Court Of CON- Stockton be Intercepted by the
Court all the points which he had been conradced by
Gen. Kearny in the examination by the Court.
On this application the Court ordered to be cleared
General KEARNr said "Mr. President Before the Court
is cleared wish to make a statement"
No objection being made
Gen. Kearny said "I consider due The dignity Of the
Court and the high respect entertain for il, that should
here state that my last appearance before this Court when
answering questions propounded TO by the Court
the senior counsel Of the accused Thomas H. Benton Of Mis-
sou 10 his place making mouths and grimaces me-
which considered intended Offend to insult and to
al ask Of this Court action far as concerned