The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-09-06


nWben the question read. the following paper was
,..snted by Lieut Col. Fiemont
"Mr Presidents II Gen Kesny is to be nterrogated
40 zane point, for the purpose OF contradiction. Lieut.
S Fremont advised that the rules OF evidence
a e rule enforced ard Col Russell be called in
I hat he and Cen kearny stand face face and each
DC 81. c. FREMONT,
"Leut Col. Mounted Rifles.
"The court cleared And the decided that the
mode Determination correct when objected by the
accused the matter being within the discretion otvhe court
and thatit proceed accordingly"
Hinder this decision of the court il was supposed that
,be conformation allowed. Fremont and his coun-
e made no further objection, for they wished see
Ksarny and Russell face to face under oath and Kear-
M went on down RussePs testimony generally
and especially the point OF the governorshp-swearing
10 enough 10 make three printed pages on the record
pages 322-'34 Surprising the time had come for con-
ontaon, Fremont then presented request TO that eff
feet in these words
.Mr President, Lieut. Col Fremont does not understand
whether the has decided that tho witnesses (Gen
not so decided, he asks that il may be DONE and Col
Russell be nsroga'ed by the all points which
"Lieut Col Mounted Rifles
"Tbe President replied: The have decided not to
confront the Witnesses"
Col Fremont then applied to the court for the re- ex-
animation of Col Russell-the application made In wri-
ting in these terms
'Mr President; Lieut. Col Fremont asks that Col Will
liam H. Russell be called back by the court to be in
ogated by all The points which Gen Kearny has
coDaadc,ed him under Questions BY the court, whou
"S~A"OV
81 c. FREMONT
'Lieut. Col Mounted Rides"
Anxious TO sustain Russell, when he was not allowed
sustain himself either by confronting Kearny by re-
examination Fremont then offered to introduce witness.
his credit and presented this paper 329 of the
trial:
MONDAY, January 10, ls4s.
Mr President, Lieut. Col Fremont asks leave to intro
namely Col VIM RUSSELL who 9 nas q be ems eon
idicted material part OF his testimony by Gen. Kear
Hon. Mr. Cr,,snden Mr. Justice caaon Of the sap y e
Court, the Hon Mr. French, the Hon Mr.. Morehead the
Hon Mr.. Jameson, and perhaps others
"Lieut. Col. Mounted Rides"
This application like the rest was refused The rec
ord, same page, then proceeds thus
"Lieut, Col. Fremont read paper to the court
"The was then cleared, and the made the fol-
lowing order:
twice before disposed of characerlzes the of
court i'm operyj and Is in substance and in terms pro
against decision of this The directs
paper to DO returned to the accused"
The paper characterized and so returned to the ac
cused, was in these words
Mr President Lieut. Col Fremont by advice counsel re-
Ss c Ts os, Of s 10 a
tuesday last brought tits series Of ques
n Ss" n % ss
himself for his own interrogation be by himself answered
placed Tie and read questions
Lieut. Col fremont advised by his that
sss iS, t :s hs eG The
which by on Tuesday last and in the
correction material se deo
'i s pSsa II ss
and for the purpose secondly DIMINISHING the general credit
%.s
tu in the mattersto which those question:. related
,I.eut. Col Mounted Rinemenn
This application for the examination of Viii.
liam Carey JONES' esq, before the to prove the
questioning of Kearny by himself like the rest, it
1ae<r tha ,fE1 .t-cM
offered that something might be got upon the record to
preserve the memory of this proceeding The record
33 Tuesday. the 18th of january shows the fate Of
this offer:
Lieutenant Colonel Fremont read paper to the cour,
Offering again the paper rejected by the court Friday
and Offering an AFFIDAVIT, on the same matter from William
The affidavit was in these words
Personally appeared before MARSHALL austice
Ss Washington county D. CT William Carey JONES Of New
things the above a TN 7,
s inc e S tn
belief ana S"i to The best Of the said
.i'ponent ie came to hs noweag
said Lieutenant Col umance
whereof he ready to testify and be ahmed or Into legal nyes
oiwashinston, January 18th, is4s
"Svom to before J. MARSHALL, Up.
THE ordered be cleared. When the door.
were opened it was announced
The adhees TO its former decisions, and will MOI,
receive the papers They will accordingly be returned
Not being able to get vesgc of this extraorlinar,
proceeding on the record, request at last made
let The two returned papers and the affidavit 20 among
the lumber in the appendix: refused also.
these proceedings on the re-ntrOduchon OF Kearny
occupied many days-from the Sd to the 18th of January
and the whole scheme of his rentroduction beev
ed at time, to have been completely baled 1t wa
when the court decided, and decided correctly that wit
ness could not be examined, his rentroduction,
less upon matter introduced by the opposite party
This put end to the whole scheme of the re-introduc
hon. which to allow Kearny, on questions and an
swers prepared by himself during fifty days-the time
which had elapsed since his own examnation-to com.
IN and take the last swear-and himself straight
through on all the points of contradiction with others The
correct of the seemed to put end to this
but way found by the court to accomplish the object
and that was to have the question put questions OF
me court II is rule of court martial proceedings that
question put by the court cannot be objected to. But how
lha question formed, thusto rise above objection
BY being first offered by member of the court in which
stage il is open to objection all around-from ever,
snsed from the judge advocate; and if objected to
men become the question of the court, if sustained by
he court, and ordered to be put accordingly All this
Ssa'ght enough II is no longer to be objected to
question OF the court because it has been open objec
uon as question from member and all objections are
supposed to have been considered before the court by
vote OF It's members, making it their own
taxing advantage of this rule, the court adopted Kear
nys quesiions--f not in words in substance; and
petmited him to give in evidence all his gotby-
nea answers to all bis self prepared and autograph
questions thus committing fraud upon the law, and
fraud upon their own decision and thus allowing Kear
ny whlteWash himself at the end of the trial. by
Ing down all that had sworn differently from him! In
IN M.oor