Weekly national intelligencer., 1848-01-22

Question. Were any taken received by you that had
been in the possession 81 Lieut. Col Fremont Of the bata-
K lion under his command
Anscer All those taken received by me- had under
Stood had been in possession Of Lieut. Col Fremons
mand.
Question In your testimony in chief you say that General
keany told you he understood there band of horses
the neghhorhoo and instructed you select from them such
as we're wanted Tor your party Did he tell you how he got
that inGnmaton aud TO whom the band belonged
iRsrtr. When first heard him speak OF il think he
said be got the information from Mr.. Kene He NAV have
nenoncd that the horses had been in the service of Lieut.
Coi Fremons battalion but recollec distinctly it
was q casual conversation.
Qaesfon How did you identify the band Had they the
! pubic brand
Aascr. The band the Sacramento were driven up into
"coual enclosure, and told that that the
band, thnk by Mr.. Loker, the staff officer of Lieut. Col
Fremont think they had the public brand some may
have had H. but do ecocct distinctly having seen it.
4 Question: How Ear Lieut. Col. Fremont's camp from
the place where your took the horses the Sacramento
Did you see Aduiant Loker frequently during the day on
which you took them Did you see Lieut. Col. Fremont
after
Answer. was not his camp from what understood
should think his camp mile to miles from
Mr. Loker frequently during the day. do not recolee
when first Lieut.. Col. Fremont afterwards rccoect
seeing him the day broke up camp which believe
The frs. time and that aday two after took the
horses,
Question. Were the horses you have mentioned all that
taken received by you your knowledge by any
officer agent Of General kearny Of those which had been
PREVIOUSLY in the service Of the United States Of Lieut. Col
Fremont
Anstcr They all that taken or received by
received from Lieut. sherman, and receip,ed to him. for
thirty five horses and six mules, which, believe taken
up under general instructions tom Gen. kearny similar to
my do not know Of any others. would state that
received from Lieut. Rowan o the navy, and eceiped TO
him, at San Diego for five horses which had been n the
public service whether they had been in the service Of Lieut.
Col. Fremont's party, do not know.
Question. Was not the number you took (horses and
mules together al the Sacramento more than twentysix
Ansicer. think not. Ny calls for that number;
and my intention take up return all received
and think did 80.
Question. Did you at the time, take any memorandum
of the number
Ans,ccr think not. / DO not remember.
Lieut. Col. Fremont had no further question.
Question by Me Court Did you cause 10 be demanded
Of taken from Lieut. Col Fremont the California Bat
TALON, any other troops horses which then IN his or
their possession orpublc use :
Anscer mentioned the suhjec, Lieut.. Col FIRE.
mont any of his party, except at The Sacramento never
did demand take from Lieut.. Col Fremont the horses
that in his possession, except far as his gen
ea control may be supposed TO have extended over the band
at tie Sacramento They not in his use At tue time or
if SO, did not know it.
Question by the Court Did you consider al horses and
mules which had been captured by surrendered by the en-
emy the United States forces, belonging the United
States Government
ARsyer. know of no horses mules captured tfkcn
from the enemy, except band captured by Gen. kearny
first entered California, which certainly considered as
public property.
Question Ly e Court. Were any Of the horses mules
taken up United States property, by your lnsrucons
claimed as private property and, II 50, by whom
AsWer. Some Of the horses brought in claimed by
different individuals Calfornsns their private prop
ery. Those which they established clam were given
up them Sometimes il done by order Of the Acalde
and sometimes by investigation Of myself
Question by Lieut.. Col Fremont In your returns TO the
Department. you speak of 35 horses taken in tho coun
try having belonged to the United States, IN the former
ssion of Lieut. COL fremonts battalion o volunteers
did Oi thai bat
talon
Aasoer. They were found in the country, ~hout as
any body being particularly in charge then and
the agent Of the Government TO take charge Of such public
property, took charge Of them myself
Question By Lieut. Col Fremont. by whom were they |
so found, and where
Ansrer They brought in by different pesonswho,
do know People would and say they had found
public horse and would take charge Of L. The agents
hld instructions also 10 take up such they knew 70 be
public property.
Question by the Court Did you refuse 10 give receipts
any Of hvse horses mules the United States agents from
whose custody they taken when applied for
ARsce Receipts asked for; and, OF course
never refused TO give receipts. Bot anxious . give
receipts, and made inquiries if any responsible Tor
them, with view Of giving receipts.
Question By Lieut.. Col Fremosf. Did any prevent
you from giving receipts for those you tock from Au'ant
Ansuer No person prevented from giving receipts for
those any others. Receipts asked dd not
know who responsible for those, II any body was
question Oy Lteut. CO. FREMONT Dlu you AZ 1nc
time, any memorandum Of the horses you received Mon
terry
Ans,cer | did not, any than my general return.
My instructions the commissioned officer OF the horse
guard keep Of all those brought in and taken out
The testimony Of this witness here closed.
testimony oj Cen Kearny, January 8, 1913
Question by the Court. Was the subject touching The pro-
liability Of any officer officers Of the navy manr corps
becoming witness witnesses in the event Of the Trial Of
Lieut. Col Fremont entertained between Commodore
Bitde and yourself your knowledge between Commo
dofe Bde and any other person. either verbally other
wis., either directly indirectly Please state oil The facts
within your knowledge touching this subject
AHs,Cer Such a subject entertained between
Commodore bidde and myself any other person my
knowledge. ] conversed with Commodore bddle;
never wrote line to hm | conversed with Colonel
Mason never wrote line TO him that subject any
subject having the remoes connexion herewith and never
conyersed with any other person. and never wrote Inc to
any other person the subject The only time hac any
control Lieut. Gillespie Of the marine cop, ordered
him to repair TO Washington, which was on the LEI day OF
March, ls47, and will be n the second paragraph Of
10Th Military Department order No. p which has been pro-
duced before this Court by Lieut. Gillespie himself issued
that order after having conversed with Commodorc Shubrck
upon the subject Of the dspostonto be made OF lent Gil
lcspie. Il met with Commodore Shubrcks appreciation.
Question By The Court. Did you, in any conversation be-
fore about the middle Of January, s47 admit tho superior
rank Of Commodore Stockton any manner acknowledge
yield military precedence TO him II 80, how
Ansucer. did not admitted II to any in
conversation with Colonel Russell Los Angeles on the 18th
Of January, s47 told Colonel Russell and explained 10
he Com, S,Ockon