The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-09-06

aput col Fremont is advised that is the legal pre-
ss,Aed Nv others although the fact may be otherwise YET the
@ lev pre.a%pen And silence which this legal pre-
.uppose and makes Vhgory even IN other rules
questions with view to what other
Lieut. Col Fremont nstrustsd by hi. counsel say
opinion he has night to know Whether h the witness
that the .ct strongly to bis credit
Gn Ksarny for himself allowed to be put to him.
..The conf was ordered TO be cleared
Aud the court ordered that the examination of the wit
be proceeded in IT., ~, r..
The dessSq il closed session was dnnoS"ssd
court on the part of the prosecution
:" Eramined in chief by Judge Adsoeafs
Question. Did you apply 70 Com Fiddle to deaia
aiieni Col fremont presented the iollowite
"Mr. President. Lieut. Col Fremont objects that
question, heing leading one in case In which, by
'a"' d 'e''''"s 4'''"''' ' III G. FREMONT,
" Lieut. Col Mounted Rifles
"The Judge Advocate said he would change the form Of
But the court, on motion of member, was ordered to
The Judge Advocate proposed withdraw the question
objected And then the court. without deciding whether
the question was admissible or not, was ordered to he
opened d ., ,. ,hs0 opened. Lieut.. Col Fremont IN
The proceedings In closed session We're announced
Then followed long examination of kearny, extend
ing pages 3o7, 3Os, and 3O9 when new point
started for objection, thus:
you nave with Colonel ssell Mt Los Angeles in May ls
ia regard your having served under She orders of Com
modore Stockholm and in regard to Commodore StockIons
rank compared With your owna
"Leut Col Fremont objected to the question, and SUBJ
"sr President Lieut. Col advised by counsel to-
geot question because doe. no. refer to matter
had full opportunity his dec, and his
s ':' s as
fn 1G ess
trouoed ~ Cen KesTny nim's N ms %"my sna 80 Ia,
e sy co 'as
thu. the se Or n s dsse " hs
be examined any Of the the judge
"rhe court was then cleared And the.conrt decided
that the question oftne Judge Advocate be not put
The decision of the court was right in rejecting thi:
question 1t is noted correct, because Is one OF
those afterwards assumed by the court, and put as
question OF the court, to avoid their own decision
"The court then opened. Lieut. Col Fremout in
court. The decision in closed session was announced
Gen Hearty oifness
ask General Kearny, and ha was now subject to
examination by the deence ON his testimony OF Today
General Kearny now turned over to Fremont for
re.cross. examination. and proceeded thus, p 3lo-he
first question showing that was not an "inadcrfcno
for which he had been reprmanded:
Question Have drawn up amy questions sn on the
Sc mt them this to be answered by yourself'
The court ordes to be cleared And the court de-
cided that the question cd1N0f be put
The decision In closed session was announced
That question having been refused, another was put
this form:
"Ques.ion by Lieutenant Col Fremont Did you know
the points which you were 70 be examined by the nudge
Advocate on this day, and did you come with answers
ready pre- pare in your mind meet those points!
The then cleared And the court decided that
'.The court was then opened Lieutenant Colonel Fis
the The decision in closed session was an
nounced."
Finding the testimony blocked all his questions in
relation to Kearnys interrogation OF himself Fremont
opened at new point, thus, 3l2 OF the printed tTa:
Question. What character had Major Gillespie, as an
orderly, or as a sed,tious citizen!
"on motion of MEMBER the court was ordered to DO
Seeing his questions generally overruled, Fremont
Judged it necessary make vigorous effort TO save
them at least to have the evidence OF his right to put
them saved and presented paper to the court IN these
words:
President: The witness before the court General
Ss Major m point thu
that Of keeping away probable witness tor the defence
m.eachsd overthrow unmpah
s s ss
@ al he h ss %
trial for insuect muny especially affecting me erso
safs" he
nSs The attorney ssnsra was Sir Ldwsrd Law
China /. Ms
BY . that these o essus
where the question mutiny mutiDy And he ss
THAT Ss @ eS r n s s S
Old Bailey The mutiny articles Of
r. 5 as .%on be %S'y
observed law courts unless altered by the law
martial Every question offered therefore which would be admit
shown be forbid by the law martial This Lieut.
Col Fremont instructed by his counsel the law and the e
tent Of his rights before this court he therefore claims ne G
have the witness tho question which he has offered
many others judged by his counsel to be material"
"The court decides that the question cannot be put
Friday, January 7th page 315, the record opens thus
"The pursuant to adjournment.
present; All the members, the judge advocate, and LII
Col Fremont.
''The proceeding, of yesterday read
"Brig Gen 8. w Kearny being in said; There IS
question put yesterday which says; why dio you
write Com Bdde about the hire of the house at Los An
gelesP inpaiid during the examination OF ycs'ef
day, and that expression in the question my a,e
that house said informed Col Mason OF IT, II the ques
ton had been according to my testimony, why oo YOU
inform Col Mason &c., my answer to II would be correct
''rhe then cleared Ater short time IN closed
"Licut. Col Fremont read to the court paper IN edo"
TO The record. .u.
"1Ae cleared and the court decided that Im
Of the accused M be returned to him, its saecf'ma9
haUing been before disposed Of
The record ,oiU stand "
The paper thus ordered be returned to Fremont was
in these words:
'Mr President. Lieut. Col Fremont is instructed by DIS
counsel that the decision the court OF yesterday,
in relation his application for amendment Oh ne
record appears to him to contain error oil acI ho
decision commences with this statement
the judge advocate nqung whose questions Ne
written which he was preparing for a witness
SNOW, il IL understood that these questions were
preparing They already prepared written ou,
waered upon the minutes and from The minutes read oy
the Judge advocate court in response TO tue paper
pf tTefu