The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-01-26
WASHINGTON, Jan. "a, lS4S.
The Court Martial-Lieutcnant Colonel Frcmont's
Defeure


Defence.
The Fremont court martial met to-day, pur-
suant to adjournment, to hear the defence OF
Lieutenant Colonel Fremont, previous 10 going
into closed session and deciding the case The
court room was crowded with spectators, and
graced with a goody sprinkling of the fair sex.
The "erave andreverend signiors" were present
in all the pristine glory of gold and silver lace,
and even the little orderly (who has often had
the satisfaction of turning us and worse men out
CT the room) looked quite spruce. Colonel Ere
mont, of course, was present; so was the Judge
Advocate, and so was Mr. Jones. On the whole,
We are decidedly OF the opinion that the recess
which the court has INDUCED itself In, has been
Of great benefit To sill concerned.
Lieut. Colonel Fremont commenced his de-
fence by reading al great length history of his
career IN California previous to General kear-
ny's arrival. II is not necessary Tor US 20 more
than state the grounds of his defence, as the
whole matter has appeared in the trial, and been
reported fully In the Herald. The subject, IN
truth, is worn almost threadbare, anu whatever
interest was at first excited about II, has long
since died away. The whole drift of the de-
fence, so far as il has gone, has been to nvall-
date Gen. kearny's testimony; and this is done
In most mastery manner. Less could not
have been expected from the author Of the de-
fence, Mr.. Benton, but truth colnpels US TO say
that the arguments brought against Gen kesrnys tes
tony, Invested Of their high coloring. very,
very strong. Gen KearDy, hs defence says hes shown
macy Instances OF defective memory In his exaIni
rson to lead 10 the conclusion he hes in fact
memory at all He ssid be did not know the messenger
who brought him fremcnts note Of the lsn and was
proved that the messenger Mr. CHRISTOPHER Carson
the who had conducted hun through the wilder
s.step By step 10 Csiifornis" IL was proved the
defence commended that General Kearny knw, on the
l6 d Of January, l6a7 that Commodore Stockton had
virtually appointed Lieut. Col. Fremont Governor and
it therefore absurdity &c suppose that he would
have gone the 27h to General kesrrey to AK for
appointment which he already possessed. The whole
had been foun ded the alleged fact that
Fremont had gone the 27th January, lSI7 to Gene
raj Kesrnys quarters TO enieavor to get himself Ap
pointed Governor whilst it vas proved by the small
note almost miraculousy saved and produced that he
visited General Kearny that day py the express dess
of the latter bust ness' as the note has It, Col
raj Kearnys testimony then referred to- and the
refusal of the Court 70 allow Col Russell to be gu son-
ed all the points sworn to by General kearny d.
lated upon Colonel Russe!l's character unn
peachsble, and, II the Court had permitted Mr. Clay
kr Crittenden and others would have been produced
to testify TO IT. and 1t also commended, that all Col
Russell ewore to corroboratsd by other circun-
stances, whilst General Kearpys evidence was not only
daproved bat contrary to probability General Kear
ny had that Lieutenant Colonel Fremont lad
cited the ooe of Governor which fsee,n and the
whole life Of Fremont previously brought forward
evidence that he never had s'begged" for any Office
The three appointments from him by Stockton, were
given without ssking solicitation OF any kind. Col
Fremont further stated he had 10 position TO take
but he would read extract from private letter to
Senator Benton written In April ls47 when the trans
actions all fresh in his mind and in which be
etated that both Commodore stockton and General
Ke3rny had offered him the government In conclusion
Colonel Fremont said" Brigader General Kesrny has
borne fase testimony egairs. He first undertook
TO seduce by Offering the government Of California
would take side with hm-snd failing in that he has
the false statement that solicited the ohce OF
Hmm Colonel Fremont said he had good deal more
add and bsgged the indulgence Of the till TO-
morrow which was granted, aud the court adjourned