Weekly national intelligencer., 1848-01-22
THE ARMY COURT MARTIAL.

The following, being the residue of the testimony
taken before the Court Martial in the case OF Lieut.
COL Fremont towards the close of its proceedings,
has been in our possession for some days, awaiting
an opportunity for the publication which we now
give to it.
Major THou,s SWORDS Of the Quartermasters Depart
ment Unhed States army witness for the prosecution,
then duly sworn by Judge Advocate according to law and
testified as follows;
Examined in chief By The Judge Adrocafe
Question What rank did you hold in California on the
staff Of sen. Kearny
Aasuer was quartermascr in the army with the rank
major ana ranking officer in California Of that department
Question Did you receive any orders from Gen. kearny,
any orders from him communicated through
the Quarermaslers DEPARTMENT in regard public horses
for which Lieut.. Col Fremont was responsible
AHslcer My general instructions were, which think
received from Lieut. Sherman, whom relieved at Monterey,
the orders Of General Kearn TO take up all public horses
that could be found in the county those for which owners
could be found them the owners and to take
their receipt acknowledgment Of having received the horses
horses in public claimed by persons as their pro-
pcry but which had been taken by Col Frenonts battalion
had got any way into the public service Horses and
mules both the answer applies TO.
About the time reached the Sacramento, return
home told by General Keany he had learnt there was
band OF horses al or near that place. he directed
select from them such might require for the public service
for trip homc took from that band the horses and
mules that required and accounted for them my
pcrty return which was rendered TO the Treasury.
My show that took tweniy-one horses and five
mules. made note the return there exhibited 10 the
Court that thess twenty horses and five mules"
taken from those taken from the Caifonians.'
also took up Monterey, conformity to Gen. kearny
instructions during the months of April and MAY, thirty five
horses-whieh accounted for my to the Treasury
Ia these words "Thyve horses taken up in the country
as belonging the United Sates-havng heen in former
possession Of Lieut. Col Frcmons battalion Of volunteers
took up no other horses that recolSct except such
turned the owners their producing satisfactory
proof that they had been paid for them. DO not think
these exceeded half a dozen. will state that gave
any receipt for horses and mules took up California
never found any person who responsible for them and
who required receipts.
The Judge Advocate said he had no further question to ask
MAJOR Swords,
Cross-era1rinaiion By Lieut.. COL Fremont.
Question: When you say that horses taken up do
you that you found them going large, and took
them up
AaG1 There were individuals in the country who were
instructed take up all horses going large and which
recognised having been in the public service These in
.trueons given By chief Of the uartcrmasers
Department
Que,1n Do YOU mean that all the horses you received
were FUND large by the persons SO instructed and we're
| taken Up a. csirays
Aas,cer 10 no, know how they found them they
agents Of the Qnartermasters Department they reported u
me ha they found running large and others in pos
fcsson 81 individuals who bad them without any known
authority.
ot"oa. BY what test 1p you determine That they were
public horses
Anscp. Some Of them think had the public brand on
them, u >, and others with large letter f., which was
told the mark o those that had been in Col Fremonts
! battalion.
Qufoa Did you know by whose authority they were g
branded
Anscer. 10 rot.
Question Did you know by wha, means OF unoef "'se
authority they came INTO the public service and oy whom
ypu told that the horses 50 branded were public
AHs,cer Well, do not know by what means OF py whose
authority they came ino the public service.
cannot rec,cctby whom told that the noes were
public. II matter Of notoiety in the country. when
those agents that have spoken Of would bring IN horses
would ak then they knew they were puhic, and 'hey
would designate brand marx NY which they knew IT,
Question. Were they first put nto the public ser'ice when
you received them, lad they previously been IN possession
Of the California battalion when commanded by Lieut.. Co
| Fremont
Ansrr. Ny instructions the agents were 70 take "
those that bad been public service, and were considered g
me public properly.
At the request Lieut.. Col Fremont the question wa
again read 10 the witness and he asked he bad uhe
TO make 70 IT, lie replied have no further answe
20 make d. not know whether they bad been ~ Lieut.
4 Col. Ffemonts battalion.
Question How could the agents know what you consider
ed public property
AnsOer. Their instructions to take up those that ha'
been in public service. stated what considered them
RI Question. DO you krow whether the horses and mule
which had been IN possession Of Lieut. Col Fremont through