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

10 questions that the judge Advocate was preparing for
witness that Lieut. Col Fremont made the inquiry which he
minutes Of the Court and read IN response paper OF his
correction made and would also inquire whether the ques-
tons SO prepared placed upon the mes of the Court
read before the Court and the defence by the Judge Adv
cate upon the record in the proper places and If
not he requests that they may be entered nlc pro tc
J. 9. FREMONT,
Lieut.. Col. Mounted Riilemen.
Whereupon the Court ordered to be cleared. When
the doors were opened the following decision announced
The paper Of the accused will be returned 10 him. its
ject-matter having been before disposed Of"
Cross-eranaination Of Gen. Kea,ny by The defence.
Question Had you communicated to COL Mason at the
time he carried your letter to CON- Bdde your intention TO
arrest Lieut. Col. Fremont I
member Directing, the Court ordered to be cleared
When the doors opened the decision announced that
the question should mol be put
Lieut.. COL Fremont presented the folowing
aMr President : Lieut.. Col Fremont requests a short
time prepare paper It will be ready in hour"
The Court went into closed session The Judge Advocate
sent out the following;
Thc Judge Advocate is instructed by the Court inquire
of Lieut. Col Fremont upon what subject he desires to pre-
pare paper"
Lieut.. COL Fremont replied
sLeut Col Fremont prepare an argument upon
the question just overruled and others of similar class
The time being allowed, at the expiration Of it the doors
opened, and Lieut. COL Fremont read the following
paper
Mr.. President Lieut. Col Fremont instructed BY his
counsel that he has right inquire every fact and
that may affect the probable truth Of the reason
signed by Gen. Kearny for causing the detention of Major Gil
lespie Monterey The fact Of the detention, through the
fundamentally OF Gen. kearny is admittedproved by Ma
jor Gillespie, acknowledged by Gen. Keany. The mope Of
the only remains be asceaned The motive alleged
by Gen. Kearny that apprchended that ii Major Gil
lespe allowed go about the country" its quiet would
be disturbed is different from that supposed in the inquiry
and its truth only be judged OF from circumstances and
II the hal
of witness and ASCERTAIN there whether he has assigned the
true motive They must Judge from circumstances and pro-
liabilities and these circumstances and probabilities be
brought before them before they judge And peril
inquiry this end Lieut. COL Fremont instructed by
his counsel again to offer the question which was oyerruled
peaceable seitious citizen :" and respectfully
request that it be now allowed to be put.
Lieut. Col Fremont is further advised by his counsel that
having been shown in testimony that person situated
be material witness for his defence detained
other side of the continent through whatever motive by Com
Bdde the instance OF Gen kearny, and through the agen
cy of COL Mason, he Lieut. COL Fremopt has right in
qure into every fact and circumstance that may go show
Com Bdde, Gen. Kearny, and Col Mason and show
dence of hostility Lieut. COL Fremont either all of
them, stand for what be found be worth in inn
peachng the testimony oil Gen. Kearny and in going show
that other beside Major Gillespie, who might have
been, from their positions and the information in their possess
son important before this Court by the
similar means kept great distance. And pertinent
introduction this inquiry Lieut. Col Fremont is instructed
again offer the question: sWas Col Mason al the time
you the letter by him Com Biddle informed your
/. intention to arrest Lieut. Col Fremont B"
And Lieut. Col Fremont is instructed by his counsel say
that all acts OF officers done under the color of their Office
subject examination before martial Of law
and be examined into fully the acts Of other per-
clothed with authority all OF whom bound their
power Justly and for the public good and liable any
abuse Of that power and that in this (which is the pre-
sumed keeping away OF witness by the JOINT act oil three Off
of them having the purpose bring the officer
trial who would need the benefit of the testimony kept
away the intent of the officer intending her.
procuring the testimony to be kept away, is examnablc
that his statement reasons for his ecatcondct may
fropete and that upon his cross-examination by
other testimony In this he The ex
ercise Of the right of controverng Gen. Keany act and to
deny his right TO claim for it official immunity the prnc-
pie of immunity is allowed commanding officer has nothing
do in order to convict any person, but to order off all the
Witnesses and when his purpose ripe bring the
trial and have conviction without the of Defence
hang up infamous charges officers head, during
pendency of which he lying under black cloud of suspicion
and accusation.
Lieut. COL Fremont further By his counsel that
the act Of Gen. kcarny procuring Major Gillespie to be
detained not Official but extra official that berg done
by officer does not make il Official except in discharge OF
his military duties.
In this has proved the Court FIRST that Capt
Gillespie officer OF secondly, that he
special service in California thirdly that Gen Kearny had
previously relieved him from service in the California batta
and ordered him to repair TO the United States and left
him at large to do
specully to bring again the notice Of the Court brief
position Of some Of the purposes Objects and powers intended
TO be embraced 10 the right of cross-examnaon For this
purpose he quotes from Greenleafs Evidence PIP 5223
edition OF S45
The OF cross-examnaon has been Justly said to be
Of the principal II certainly of the most eca
cous which the law has devised for the discovery OF
truth by Of il, the situation Of the witness with
pect the parties and to the subject of litigation his inter-
his motives, his inclination and prcudces his OF
obtaining correct and certain OF the facts which
he bears testimony the In which he has used those
his oil discement memory and description,
all fully investigated and asceraned and submitted
the consideration Of the jury before whom he has testified
and who have thus had opportunity OF observing his de-
and OF determining the just weight aud value OF his
testimony IL is not easy for witness who is subjected TO
this test to impose jury for however arul
the fabrication OF lsehood be- cannot embrace all the
circumstances TO which cross-examnaton may be ex-
9 tended"
The eectua method is to examine rapidly aud mi
nuey as to number of apparently trivial points in his
evidence" j. G. FREMONT,
Lieut. Col. Mounted Rifles.
Whcreupon the Court was ordered be cleared After
closed session Of long DURATION the doors opened and
the following decision announced:
"The Court will allow any cross-examinaon which will
tend to expose corrupt motives in Gen. Kearny his appca
ton to CON- Biddle to detan Capt Gillespie in Monterey
him from going TO the upper district OF California
But the Court cannot pursue o! inquiry Tor that pur-
pose which cannot have any such tendency.
&c f Col Mason knew OF Gen Kearnys intention to
Lieut. Col Fremont IL would raise presumption against
Gen. Kearny Of corrupt design dean witnesses from the
trial OF Lieut. Col Fremont in the order which given to
Capt Gillespie by Com Biddle. Nor this Court into
any inquiry 10 the character conduct Of Capt Gillespie
in California quiet sedous citizen, how far Gen.
Kearny Col Mason, Com. Biddle had sufficient
for the order which given Capt Gillespie by CON-
Biddle
"The attempt to show corrupt motives in Gen Kearny,
Com Bdde and Col Mason, by possible inerences from OFF,
ca which raise such natural probable Inference
mpuaon Of conspiracy and abuse OF authority which this
gate The of