Weekly national intelligencer., 1848-01-29

doing this have right and moreover 1t smy duty to my
self and to Others produce all the instances Of erroneous
estimony he may have exhibited either from defect Of
moy or from evil intent and for that purpose to contrast his
own testimony with itself where varies, with that of other
witnesses where they contradict him. To this partof my
defence now proceed and speak first Of the acls which
TO the motives Of the prosecutor.
Giving me no notice his intended arrest He admits
that this arrest was resolved upon in January lS4 and that
had no notice of it until actually arrested the from
tiers of Missouri in the latter part Of August following Others
informed Of it but not myself the above all ohersthe
most interested know. was brought the continent
state of virtual imprisonment to be tried for multitude Of
offences charged have been committed the shores OF the
Pacific, without the warning which would enable me to bring
evidence single charge while my accuser and Ge
neral brought with him all that he deemed necessary either
of written evidence Of witnesses to ensure my conviction
impossible my opinion, TO reconcile TINS condnct win
any fair and honorable motive laid me under the neces
sy of choosing between trial. which came on me by surprise
and without the Of defence, suffering ruinous
charges enforced by newspaper publications. to hang over
my head The latter according to Major Cookies testimony
seems to have been Gen. keamys calculation and, as
deemed the effect of such impending charges and publications
would be worse any conviction, was forced into trial.
unprepared for it, take the chance OF any testimony that
might be found.
regiment when had made preparation Of hundred and
twenty horses sixty to do and had not the least
doubt Of reaching Gen. Tayos camp and thence going to
the regiment expected (accodng 10 the information received
from Washngon be the road from Vera Cruz 10 Mexi-
CO. expected to reach it in July, which would have been
in for the great operations impending and since grand
which soldier can feel and besides left involved in debts
for my preparations and further in violation Of General
SCOTS directions not to dean in the country against my
wishes longer than the necessities OF the service
oue and also in violation of his official letter Of
March lst S47 leaving at liberty to quit the country
when pleased, after complying with few small orders not
amounting necesieS OF the service, but which were
complied with.
g. Taking away from me the command Of my Topographic
cal party taking away the scientific instruments which had
long used leaving behind the geological and botanical
of
of the expedition M Kern with his sketches and drawings
leaving behind my assistant (Mr King) he and Mr. Kern
both standing relation to be material witnesses to me
any inquiry into my conduct denying me the privilege OF
returning United States by any route which would
enable previous explorations add to geogaph
cal and scientific knowledge; making follow on his trail
in the rear Of his Mormon escort All this after he had IN
conformity Gen. SCOTS Instructions previously left me at
ssHberty to quit California when pleased, after executing
the few small orders above referred TO-
a. Interfering with Commodore Bdde to detaln Major Gi
lespie in California, officer known to have been intimately
associated with in California, and who, arriving here
fortnight after this trial had commenced has shown himself to
be material witness for The fact OF interference ad
mied the circumstances attending are most suspicious
the given for it most inadequate and besides contra
dicted by the fact that Major Gillespie soon allowed SO
go about the country and did not do the mischief which had
been appehended from his being at large The detention OF
Major Gillespie the detention of Commodore Stockton
and his party that this interference delayed the arrival not
only Of Major Gillespie, but OF Commodore Stockton, Capt
Hensley, and other material witnesses who came with him.
5. Not communicating to his knowledge of the instruc-
tons the 5th Of November and 18th Of July, s46 when
knowledge Of those instructions necessary for the safe
guidance of my conduct The excuse in relation to that of
the 5h of November that he not in the habit Of commu
nicang instructions Juniors, is nvadated by the fact of
the previous communication of those Of June ls46, when
equally junior may and before had become COVER
and commander in chief
6. Making injurious representations TO the War Depart
against and against the battalion under command
without giving any knowledge of such representations and
which have only found out in the progress Of this trial. in
searching for testimony the Department
r. My reception Monterey March 26th, for the ma
ture of which refer entirely Gen. Keanys testimony
made most extraordinary ride TO give information TO pre-
insurrecton asked interview business, and
had granted, and found Col Mason with him. The only
thing would seem that came for in that interview was to
insult Gen Kearny and to offer my resignation and he does
not know what went for. Certainly the public
SERVICE say nothing of myself officer required differ
ent kind of reception from the one received.
8. The order given Col Mason the 2sh Of March
CATER what had happened his presence the 26h)
Deed to Los Angeles where was with the power and
fhony me, Of which was officially advised by letter Of
that date only mepion the order, in connexion with
my reception at Monterey represented by Gen. kearny
and add nothing to it. do not go beyond the evidence
g. The fact of not relieving me in some legal form from
the duties Of governor Of California after the Presidents in
structons OF the 9th OF November arrived and conceang
from all knowledge Of those instructions while putting
the nterogatoes, the which he has he
warned me might be Of so much importance.
10. The march Of the Mormons upon Los Angeles when
was expected to be there and would have been except for
the urgent business which carried Monterey The
tcyushing that might have taken place if "rcpoH Of
the people had not been apprehended and all the crcum
stances of that movement leave where the evidence placed it.
IL. The conduct of Col. Mason to at Los Angees-so
far the evidence discoses it's by referred TO the full
authority with which he clothed by Gen. Kea
ny, and Of which notified in this clause Of Gen. Kea
ny's official letter to
"HEADaUARTERs l0TH MLTTARr DEPARTaEsT,
!" Monterey, California, March %, ls47.
''SIR This will be handed you by Colonel Mason, LIST
Dragoohs who goes to the southern district clothed by
with full authority give such orders and instructions in that
section Of country he may deem proper and
Any Instructions he may give you win be considered
coming from myself"
H. The exhibition Of myself and the citizens Of my topogra
phica party at Monterey the both Of Mayhe circum
stances of the march from that place Fort Leavenworb,
and The manner of the arrest thereI leave in like
where the evidence placed giving it my opinion, in the
twelve instances enumerated besides in many others to be
seen in the testimony presumption Of acting from
of public duty outweigh the facts and appearances to the
contrary and that all these twelve instances and others TO be
seen in the testimony TO mpeach his motives in this pro-
q ecution.
now proceed to the last point Of my defence-he inn
peachmen Of the credit Of Gen. Kearny witness before
this Court The law gives the right do morality
condemns the exercise Of that right unless sterny justified
by credible evidence feel justified also feel that this
case above oil others admits Of the exercise Of oil the rights
against this witness which the law and the evidence allow
the accused II is in which this witness comprises in
IN his own person the character Of accuse prosecutor lead
So. Il