The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-01-13
sosnes At the Fremont Court bfarsaal.
WAsWINoreN. Jan 8, lSAo


ON xs.nS,.; witness. for the prosecution :.
Lieut. Col FREMosr then made an application for the
recall By the court Of Com STOCKTON to be
by the court all the points which he had been con-
rsdicted BY Gen. Kearny in the examination by the
court
General KeARSY said =" MIR. Prssident-Bsfore the
court is cleared wish to make statement"
No Obi .ction made
General KEARNy said-"I consider it due to the dig
nifty Of the and the high respect entertain for it,
sna' should mere state .ns Ga my pssons noe
pounded to by the court the senior counsel OF tho
accused Tnomss Benton Of Missouri sat In hi. place
making mouths and grmaoss at me, which considered
we're intended to offend to insult aud to ovsrsws me-
II ask OF this Court action so far as am concern
ed am fully capabl OF tskog care OF my owe nonor
The President Of the Court said He regretted very
much to hear 1t Hshad not observed any thing Of it
He referred to the power of courts martial under
in regard violations of order in its and he
the 10th article Of the Rules and Articles Of War
"No person whatsoever shall use any menacng words
signs gestures In presence OF court martial or shall
CA .h. OF being uupshsd shs Of the
said court martial "
The Hon THOMAS H BkNroS, Of counsel for Lieut.
Col Fremont. then addressed the court ne follows:-
81 desire the Judge Advocate Will take down what
say" He then continued
"Nr Prssident-On or about the first day of General
Kearnys examination before this court, when be stood
in that corner, and when he twice swore that Colonel
Fremont had the originals Of certain papers, II he
had destroyed them he fixed his eyes upon Colonel
Fremont hxedy and pausiogy, and looked insuitnely
ing questions. led General Kesruy into modification Of
what he had previously sworn"
Here a member of the court rose and said- MT. Pre-
sident rise to bring the attention of the court to
point of order, which ought. think to be observed
srs 1 my
Colonel BEs,Os said; admit the power Of the
The member above alluded to-, again and said
Mr. President wish 1t to be distinctly understood
that in rising intended to int,rpo.s no impsdment to
free and full reply the part Of the senior member of
the counsel for the defence to the remarks which have
been made by General Kearny My object in rising was
that respect which is due to the court in Q comment
the integrity of its proceedings The gentleman
the court representing the government, which prose-
cuts in this had put leading question to the
witness for the prosecution and had led him into
modification Of that which he had twice previously
sworn These are the words said the member) which
he had risen to TO- ana ne noped they would not
The member further said; mir President: 1t is we'll
known principle ofsw that party cannot be allowed
put leading question to witness who testifes
the part of that party and especially when would lead
the witness to of what he had said Such
course would have been corrupt In the Judge Advo
cate and the Court would have been derect its duty
to have permitted such proceeding"
1t being q few minutes Of three O'Clock when bv
law the Court must adjourn, the Judge Advocate re-
quested Col Benton to continue his remarks without
waiting for the Judge Advocate to record them and be-
the Judge Advocate, would endesvor to remember and
| after va ds record them
| recollection Of the Judge Advocate as follows
when General Kesrney fixed his eyes Col Free
IL
down prisoner, woud look at him did this day
and the look Of to-day was the of the looks
in this Court before did to-day look at General Kesr
nv when he looked at Colonel Fremont; and looked
him down; looked at him till his eyes ell-ti they
"As to this Court disclaim any intention to disturb
its order entertaining do the highest respect for
The President of the Court said be had observed Gen
Kearny look towards Colonel Fremont during the trial.
and the occasion referred to- but not with an insult
of countenance; on the contrary he the
President thought the xpresson was ono of poeness
| and kindness.
The of three having arrived the President gave
| the order for the adjournment Of the Court:
General KEARNY and said wish, in the pre-.
Of the Court to say that have offered the
slightest insult to Col Fremont either here pr on
er on this trial, or any where or under any cireum
And the Court adjourned to meet on Monday at 10
| O'Clock.
MONDAY, January 10.
The Court met pursuant to adjournment. After the
reading Of the Journal
| The member who spoke to . point Of order, during
the made by Col Benton at the close the
tt,ng Saturday, moved amendment Of the record
| in relation to his remarks.
| Colonel BENTON also suggested correction where
| upon the court ordered TO be cleared
| When the doors were opened, the JUDGE ADVOCATE
announced that the journal would be corrected
| ing to the motions made.
The report given above in, Saturdays proceedings
corresponds with the journal ~ corrected
The JUpoE ADVOCATE then read tie following as pro.
| ceedngs In closed session -
| And the Court directed It to be entered on the
record that the matter referred to BY The counsel Of
accused in the proceedings Of previous dav in this
court was not an irrsgu.ry that there was no leading
record regular though the point and ubject
OF the question was not Of the smallest importance.
written statement WAS received In closed session
from Gen Kearpy in regard to the closing remarks Of
And tbs Court aeoided that the subject be not fur
Their entertained and that accordingly the statement
Of the witness be not recorded"
And the Court made the following ORDER
The Court have before decided that, to supply ma
tersl omissions witnesses will be recalled such
questions as the Court may consider necessary to this
| Investigation.
Undrr that decision, the defence can submit to the
Court such questions they desire it to put Commo
Stockton and the Court will consider whe her they
necessary to complete the investigation before it.
and decide on recalling him accordingly
The President OF the Court then and read the fol!
| lowing:
1.-The recol ections and Impressions of the members of
the Court confirm those OF the President
Saturday in reference to the looks Of the witness
the occasions referred to by the senior counsel The
Court considers the act ayowed by the counsel of AZ
tempting to looS down witness before it, improper
aud ndecorousi but as 1t did not come to the notice Of
the President and the counsel has dsclaimed any IN
tention OF dsrepect TO the Court no further action will
Whereupou, Col. Benton Che senior counsel of Lieu.
tenant Colonel Fremont) sross and left the Court
Lieutenant Colonel Fremont then presen ted the fol-
lowing paper
| Mr. President: Lieut. Col Fremont asks leave TO in
pal witness Of the defence, namely Col William H Rus
sell who has been ntrsdcted in material part of his
testimony by General Kearoy For this purpose. Lieut.
Col. Fremont will Introduce. II the leave ask-d be
granted the Hon Henry Clay, the Hon Mr. Crittenden
Mr. Justice Catron, of the Supreme Court the Hon Mr.
Morehead the Hon. Mr.. French, and the Hon. MIR.
Jamieson, and others. j. e. FREMONT,
Lieut. Col. Mounted Rifemen.
The Court was ordered to be cleared. When opened.
the following decision announced
The Court does not consider contradictory etate-
ts where fraud 10 no. imputed involving right
in party 10 sustain the credit of witness by evidence
| to his general character.
ln the case presented here apparently in reference to
the examination Of witnesses by the Court itself which
could not be supposed to aim Mt dcredng any
| and which has not impeached any witness, the Court
cannot now admit testimony which would be of doubtful
admssibility, to rebuff any examination by q party
TO grant the request of the accused might imply
doubt on the part OF the Court to the integrity
general character of the Witness which the Court
| not entertain y
| Lieut. Col Fremont then presented the folio wing
paper