Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1848-01-15

which he had twice previously These are the words
said the memher which he had risen to object to- and he
hoped they would not be permitted go upon the record
The member further said ''Mr President II is well
known principle Of law that party be allowed put
leading question 10 witness who esii6es the part Of that
party and especially when would lead the witness to a
dicaion OF what be had said. Such course would have
been corrupt In The Judge Advocate and the Court would have
been derec TO Its duty to have permitted such proceeding
II being now few minutes Of three o'clock, when by law
the Court must adjourn, the Judge Advocate requested Col
Benton TO continue his remarks without waiting for the Judge
Advocate TO record the and he the Judge Advocate would
endeayor to remember and afterwards record them.
Col Benton continued his remarks according 10 the recol
lection OF the Judge Advocate as follows:
When Genefal kearny fixed his eyes on Col Fremont,
determined, if he should attempt again 10 look down pr
soner, would look at him. did this day and the look Of
to-day was the consequence Of the looks this Court before
did to-day look at Gen. Keany when he looked at Col FIRE.
mont and looked him down; looked him till his eyes
fel--till they fell upon the floor.
ssAs to this Court dsa any intention to disturb its
order entertaining do the highest respect for this Court
The President Of the Court said he had observed General
kearny look towards COL Fremont during the trial. and
the occasion reerred TO, but with insulting expression
of counenance the ntary, he The President thought
the expression was one of politeness and kindness.
The hour Of three having arrived the President gave the
order for the adjournment of the Court.
General hearny and said 81 wish, in the presence
of the Court to say that have offered the slightest in
suit to Col Fremont either here prisoner on this trial
any where, or under any circumstances whatsoever"
And the Court adjourned to meet Monday 10 o'clock
MONDAY, JANUARY l0.-FIYTr THIRD OAR.
The Court met pursuant to adjournment. After
the reading of the Journal
The member who spoke to point Of order, during the
statement made by COL Benton at the close Of the sitting
Saturday. moved amendment of the record in relation to
his remarks.
Col Benton also suggested a correction. Whereupon the
Court ordered to be cleared.
When the doors opened, the Judge Advocate an
10. II
motions made.
1.-THE report given above Saturdays proceedings cores
ponds with the jound corrected
The Judge Advocate then read the following proceedings
in closed session:
And the Court directed it be on the record that
the referred by the of the in the pro-
ceedngs Of previous day in this Court rreguar
y that there leading question to the witness that
the question: shown by the record regular though the
point and subject of the question not of the smallest
portance."
"a written statement was received in closed session from
Gen. Keay in regard to the closing remarks of the
On Saturday.
And the decided that the subject further en-
ertained and that accordingly the of the witness
not recorded"
And the Court made the following order
The Court have before decided that to supply material
omissions witnesses will be recalled questions
the Court may consider>necessary this investigation
Under that decision the defence submit the Court
uch questions they desire it to put Commodore Stock
on and the Court will consider whether they necessary
complete the investigation before it. and decide recalling
lm accordingly"
The President of the Court then rose and read the fol-
owing
1he recoectons and impressions of the members of the
Court confirm those of the President expressed
lay reference the looks the witness the
eerred by the senior counsel The Court considers the
ct ayowed by the counsel of attempting look down
ess before it, as improper and indecorous but did
to the notice OF the President and the counsel has dis
lamed any intention of dsrespect to the Court further
cton will be taken"
Whereupon COL Benton (he senior counsel OF Lieut. Col
Sremont) arose and left the Court.
Lieut.. COL Fremont then presented the following paper
Mr. President Lieut. Col Fremont asks leave introduce
Witnesses to testify to the character OF principal witness of
he defence namely Col William H. RUSSELL who has been
radced 10 material part Of his testimony by General
kearny. Forths purpose, Lieut. Col Fremont will Introduce
the leave asked be granted the Hon. Henry Clay the Hon.
Mr. Crenden Mr.. Justice Caron, OF the Supreme Court
he Hon. Mr.. Morehead the Hon Mr. French and the Hon.
Lieut. Col. Mounted Rihemen.
The Court ordered be cleared When opened the
GLOWING decision announced
The Court does consider contradictory statements,
where fraud is not imputed involving right in party TO
ustan The credit oil witness by evidence to his general cha
acter
the presented here apparently reference to the
Of witnesses by the Court ITSELF which could not
supposed to aim at dscredng Witness and which has
impeached any Witness the Court admit test
nony which would be OF doubtful admssbiiy to rebu any
by party.
To grant request OF the accused might imply doubt
the part the Court the integrity and general cha
Of the Witness which the Court docs entertain
Lieut.. Col Fremont then presented the following paper
Mr. President Lieut. COL Fremont by advice of his
e requests have VIM. Carey Jones, Esq, here present.
witness in this The object of calling
him is prove that Tuesday last there brought
his Court series Of questions for the purpose Of being pro-
pounded TO the prosecuting Witness Cen Kearny which
questions drawn up by that witness himself for his
TO be by himself answered and that part OF
The questions drawn by the witness for his nterro
cation placed upon the minutes and read questions pro-
posed 70 be put 10 that witness.
Lieut. Col Fremont is advised by his counsel that he has
establish these facts before the Court for the pur
pose first Of indicating himself IRON the implied
the public reprmand which he received by order OF the Court
Tuesday last and in the peremptory return to him FRI
day OF the application which he presented Tor the correction
Of material OF Fact in decision OF the Court affecting
himself and for supplying important omission in the
Of which had appeared in the MINUTES and for
the purpose secondly of mpeachng the general credit of the
witness who thus drew aud introduced into the Court
procured be introduced questions for HIMSELF to be
swered by himself in matters in which he himself nte
rested aud his particular credit in the matters 70 which those
questions related j. G. FREMONT,
Lieutenant Colonel Mounted Rihemen.
The Court was ordered TO be cleared. When opened the
following decision was announced:
"The paper the accused before the Court
twice disposed Of characerzes the action Of the
Court improperly and is in substance and in terms pro-
test against a decision Of this Court.
Court directs the paper to be returned to the
It, COL Fremont inquired if the prosecution had closed its
testimony Being answered in the affirmative, he then pre-
scented the following paper
Mr.. President It. Col Fremont by advice Of his COUNSEL
requests that the Judge Advocate be sworn witness
this case the purpose Of asceranng whether General
drew up seventh specification Of the FIRST charge in this
Erarny hayin he