The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-10-08

for supplies, we'll for damages sustained nave no
of ascerainng but, believing most OF them to be
just, think it incumbent the government that some
means should be adopted to sqHa6iy settle such as are
every respectfully I, most SbeS.s M servant
"Maj. Gen. TiIos S. JEsuP
"Quatlefinaster GenepL
AT the time, is in evidence that these Off
GERS in the habit of appropriatng, wherever they
could find them, the horses and other property received
by Mr. Fremont and for the payment for which these
claims acsd ,o The following is an extract from The
court martial, (page of the printed trial. 900, &c:)
aG Thomas ,s, Swords, Of The ma depart
was then duly sworn by the Judge advocate according to
law, and testified as iollowsi
Examined in chief by the Judge advocate.
Question. What rank did you hold in California the
staff OF General Kearny'
s'Answer quartermaster in the army with the
rank of MAJOR and ranking officer in California of that de-
partnent
Kearny, were any orders from him communicated
through you the quaemasters de partmen in regard
10 public horses for which Lieutenant Colonel Fremont
Answer My general instructions were, which think
Monterey, the orders OF General keany to take up all
public horses tha, cou be found in the couny those for
which could be found to them over 10 the
owners, and take their receipt acknowledgment OF
having received the horses mean horses IN public use,
taken by Colonel Fremon,s battalion, had got in
way into the public service Horses and mules boh the
:" About The time we reached the Sacramento re-
there band of horses that place, and he d
rected select from them such as might require for
the public service for our mp home took from thai band
the horses and mules that were required and accounted for
rsasut on ow hat
and five mules made note on the return (hee exhibited
were taken from the Californians'
also took up at Monterey, in conformity to General
thiryve horses which accounted for ON my return 10
the treasury n these words 30 horses taken up IN me
former possession OF Lieutenant Colonel Fremons battalion
took up no other horses that recoect, except such
turned the owners their producing satisfactory
link these Exceeded half dozen win state that never
gave any receipt for the horses and mules TOOK up n JAIL
them and who required receipts;
The Judge advocate said he had no iurther quesonso
ask Major Swords
"Cross- eran,ined by Lieut. Col. Fremont.
"Queston When you say that horses "taken up"
do you mean that you found them going at large and SO
''Answee. There individuals in the country who
were instructed to take up all horses going at LARGE and
Vice. These instructions were given by me as CHIEF OF the
Do you mean that all you received
were found at large by the persons so instructed and were
"Answer. do know how they found them; they
were agents of the quarermasters department; they're
others OF individuals who had them without
'Queston BY wnat test did you determine that they
SOM G 1 hsm think aa ss public sSsS
told was the mark OF those that had been in Colonel
Question Did you know by whose authority they
so branded?
Question Did you know by what means, under
whose authority they came into the public service and by
whom were you told that the horses branded were pub
ANSWER. Well, do know by what means by
whose authority they into the public service
ecoect by whom was told that the horses were pub
that % Moad d n
would ask them if they knew they public. and they
would designate some brand mark by which
when you received them or had they previously been
by Lieut. Col Fremont?
Answer My instructions to the agents were to take up
those that had been in public servce and were considered
by me public property.
At the request OF Lieut. Col. Fremont the question
again read to the Witness and he was asked If he had fur
ther answer TO make to il He replied. have no further
answer to make do not know whether they had been in
.'Ques'ion. How could the agent know what you
"Answer. Their instructions take up those that
had been in public service stated what considered
"Queson. Do you know whether the horses and mules
which had been in possession OF Lieutenant Colonel FREE
mont throughout the country were not generally taken by
the authorized officers or agents of General Kearnys
Question Were any taken or received by you that had
been ia the possession of Lieutenant Colonel Fremont
Of the battalion under his command
derstood had been in possession OF Lieut. Col Frcmonrs
command
Question In your testimony in chief you say that Gen.
Kearny told he understood there was band of horses
such wanted for your party Did he tell you how
he that information and whom the band belonged?
"Answcr. When first heard him speak of it, think he
said he got the information from Mr. Kerne He may have
mentioned that the horses had been the service of Col
Fremonts battalion but cannot reconect distinctly. 1t
a casual conversation.
Question How did you identify the bandit Had they
the public brand2
answer. The band the Sacramento were driven up
corral Ian enclosure,) and told that that
the band, think by Mr.. Loker the staff officer of
Lieutenant Colonel Fremont think they had not the
public brand Some may have had it but do not reco-
ect distinctly of having seen 1t.
"Quesion. How far was Lieutenant Colonel Fremonts
from the On he
Sacramento Did you Adjutant Loker frequently du-
ring the day on you took them Did Lieut.
Colonel Fremont alter!
"Answer. was not at his camp; from what under
stood should think his camp mile miles from
Mr. Loker frequently during the day. do
recollec when first Lieut. Col Fremont; afterwards
/ recolec seeing him the day we broke up camp
which believe the first time, and that a day
W after took the horses
Question Were the horses you have mentioned all that
taken received by YOU 10 knowledge, by
officer agent OF General keamy, of those which had
previously in the of the United States OF
Lieut. Col Fremont!
Answer They all that were taken or received by
ne received from Lieut. Sherman, and recepted to him
thirty five horses and mules, which believe were
taken under general instructions from General kearny
similar TO my do not know OF any others would
STATE, that received from Lieutenant howan OF The navy,
and receiped him San Diego, for ve horses, which
had been in the public whether hcy hau peen In
the service oil Lieutenant Colonel Femonts party do not
'Question Was not the number you took (horses and
mules togehe the Sacramento more than twenty-six
ANSWER Think Ny calls for that number;
md nv ip enton take up my return all |
e we'd, and think did so.