Weekly national intelligencer., 1848-04-29
TENTH DAr-MARcH 27, ls4s.

fact thai Gen. Pillow had forwarded letters Tor him.
TENTH DAY-MARcH 27, lS48.
The Court having met and read and corrected its pro-
Gen Scorr requested permission TO read motion which
he had TO submit the Court in writing, as follows
.Mr President and Gentlemen Of the Court; have al
ready declared my intention mFeach and utterly 10 discTe
dit the testimony Of Paymaser A. Burns witness for the
defence in before the Court who since that decara
ton and clear purpose, manifested IN cross-examnnon
against all precedent under the circumstances was permitted
ON the morning Of the 25th instant the last session of the
Court after nights reflection, and perhaps consulation to
and To alter his recorded testimony IN matter quite
seriously affecting his cedbiy Notwithstanding that ad
vantage the has abundany shown
than twenty instances the witness had almost total want
of memory on side of the matters of little
interest and Importance and on the other powerful and
minute memory grasplng and retaining incidents which,
the time they occurred, have Appeared 10 any else
wholly unworthy of being treasured. The Court doubt
will proper time, look closely to that peculiarly of me
mory without my specifying the instances in this
place scattered proofs will, however, here glance
at and only because they disanty separated the
cords and files of the Court.
sThe witness says in his testimony that though he
present the operations the 18th August he with
The operating forces the following day. and therefore, did not
them carry the enlrenched camp of Coneras the church
and bridge OF Churubusco Yet, in the letter of Leondas
which he written by himself, and by Major
Gen. Pillow he 10 the public that the foregoing
of this unparalleled victory (meanng the of the
10Th August,) Il myself eye witness to- and will vouch
for its correctness The witness them notwithstanding his
OATH cannot be the author of Leonas So, the end Of
the last paragraph but of Leondas Immediately pece
ding the quotation just gyen the writer speaking OF the he
roic Butler Colonel Of the South Carolina regiment says
No lamens his death than the wrieK of this
muncaion who with him the last meal he prior
his death Now, shall show by witnesses present the
United States, that the amened Colonel Butler who f,
Churubusco early in the day August 90 took his last meal
San Angel the field where he goriously FELL and but
little while before, in company where Paymsster Burns
as, indeed, he himself swears-was not.
iMr President, in further prosecution of my early mani
Tested and declared purpose of mpeaching the mony Of
Paymaser Burns, now propose, in continuaionlst To
introduce witness prove that the said Burns addressed
letter the New Orleans Delta, from Pueba which Major
General Pillow handed over, unseaed and open, Mr..
L. Freane to be forwarded by the express OF the latter and
3D. Other witnesses prove that the said Burns has repeat
edy declared, before tie meeting of this court that he
NOT the author Of the letter signed Leonidas."
The Court interrupted General in reading his mo-
don, and remarked that the Court could permit him
read argument; that he had motion 10 PROPOSE he
read il by itself, and the Court would then determine
whether the motion could he entertained.
General Scott offering objection this mode Of pro-
ceediug the Court was closed for deliheration.
The Court being opened announced its decision the fol-
lowing effect That any motion either should wish offer
should be read by itself ard objected the arguments
both des in support and against motion, would behead
by the Court.
General Scot, remarked that be would finish reading the
paper he held in his hand and the Court could cut down
as .. pleased.
The President of the Court said Major Gen. Scott the
Court has already decided upon course conduct
Gen Scott replied he did perfectly understand the rules
of the Court he had complied with the orders the Court
reduce 10 writing the motions he wished submit because
first he allowed submit those motions orally,
now he not allowed to submit them writing that really
he felt himself exceedingly uammeled by the mode of proce
dure adopted by The Court; however, he would submit hi
motion the Court, and they would strike whatever the
proper that he within lines Of the end Of h
motion.
The Court said the motion submitted by itself tbs
this was not the pr Jper time 70 Offer argument
Gen. Scott then stated that he wished TO say word
orly 10 the Court He bad offered 10 argue that this
proper time bring in the evidence discredt the testmon
Of Paymaser Blu and the Court had allowed him
be then proposed the Court place that paper upon th
records Of tho Court.
The Court refused permit this be done-being wiIn
permit his mo.on hy itself, without the argument
upon the record.
This interruption took place before the last paragraph
the above paI read
Capt HooKEn, member Of Gen. Pillows staff. was ne.
called He testified ha, Gen. Pillow had forwarded letter
for him the habit Of doing like favors for his friends
and that the General also in the habit Of showing hi
ofi,ial reports 10 the officers Of bis division.
Dr. jacob H. Hestapd called and suorn.
Questions By Defence. Where were you and what wa
your employment in August last
A. was clerk TO Gen. Pillow at Miscosc.
q What Is your present employment, and what Is you
A. / am employed in the Medical Purveyine Depart
mcni, in charge Of DR.. Simmons. ! am a physician.
u. To what regiment do you belong
A. To the llth infantry.
q. Were you not present in August last, when MI
Freaner visited Gen. Pillows headquarters.
A. was.
q. Did you not hear Mr.. FTeaner ask Gen. Pillow for
list Of the killed and wounded The Of Contreras an
Churubiscol
A. did.
a. What orders did Gen. Pillow give you in reference
the application of Mr.. FreaDer for reference
the operations Of the forces under bis command,
Gen. Scott here rema ked Did the Court observe that
these questions leading ones ;
Gen. Pillow said / will shape my questions in any wa
he Court shall direct they naturally follow in this order.
The Court did say any thing, and the witness the
answered.
A. He directed me TO make . list Of the killed NJ
wounded for Mr.. Freaner and Gen. Pillow gave
papers and directed furnish the principal facts 10 NJ
Freaner.
q. What papers did be give you Cor that purpose
A. lie gave what took he a skeleton report Of n
movements Of the 18th and 2Oth
y Did you or not, under Gen. Pillows orders, make o
ls Of the killed and wounded and what did you do with
A. did make out list Of the killed and wound,d ; a
no, able 10 say what did with il
O. State at what time the application Of Mr. Freane for
list Of the killed and wounded and The statement which
have referred msde
A. Il the afternoon Of Monday, the 23d Of Angus
or about that time
O. State u, at the time the application was made by
Fresner the returns Of the killed and wounded had all
u from the different regiments, and If not bow long va
were in making the lit