The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-01-28
WASHINGTON, January 26, lS4s
1t. Col. Fremont's Defence, Concluded.

Col. Fremont concluded his defence before
the court martial to-day. 1t was composed of an
analysis OF the testimony and other proof, TO
show that General Kearny had testified false
hoods, and for the purpose OF "impeaching the
motives and the credit of the prosecuting wit
ness" (Kearny.) ''To do this, says the defence,
sis both fair and legal, where there is just
ground for it, and that is abundsntly the case in
this instance A prosecutor should have none
but public motives his testimony should be
scrupulously fair towards the accused If he
contrddlcts other witnesses, which Gen Kearny
has done. IT becomes necessary to weigh their
respective credit" All the conflicting evil
dence was reviewed. Commodore Stockton's
testimony regarding the march to Los Angeles,
In particular, was shown to be directly at va
ranoe with Gen Kearny's on the same subject Stock
ton explicitly declared that he considered himself
commander.in chief both field Of battle and the
march, and acted suoh; whilst Kesrny declared he
.ndsr.in chief and that stockton aocompa-
nied him merely q sort Of volunteer Several witness
Ksarny; and stookton's sid. decsmp in particular,
serted he had borne orders in bis official capacity to
Kesrny on the field and that the latter expressed no
by 1t. Col Fremont was raised under the orders Of
Commodore stockton and it therefore subject to
naval, and not military authority. There good
deal Of reiteration Of yesterdays defence the
charges preferred by General Ksarny. His statement
Secretary Of War as we'll as the judge AdVosass
stated that all the charges based official charges
Iurnl1neo py zen Nearby anu tnat the I'm bpeclnCa
ton in particular in bis (Ksarny's) own writing
orcbly brought out The charge in relation to the
loss of the cannon Gen Kearny stated he bad obtained
from ofacial information furnished by Major Cooke,
and that he knew nothing personally of the matter
To this Major Cooke testified that his report made
out in consequence of information given him foy that
purpose by General kearny. On the whole the evil
denoe Of Gen Keayny having been proved to be
nno, should be considered fdlsns in omnibms The
defence considered that these difficulties have arisen in
consequence Of faulty orders sent out from this place.
next in the conduct of Gen Kea-ny; third
ly In the conduct of the in sustaining these
pretensions In conclusion. the defence considered 1t
right the difficulties in California should be inquired
into-but how? Not by prosecuting the subordinate
but the principals II 1t crime to accept the 60
vernment from Commodore stockton. it crime In
him to have bestowed IT, and in either crime
crime, the government, which informed of their in
teption and did not forbid it, lost the right of
scouting either. Col Fremont then stated be
ready to receive sentence. The court cleared and
remained so for long time When the door opened
the stated that in consequences Of the wh of the
judge Advocate explain shat portion OF the deencs
having reference to his assertion that the specifications
all based Gen K-arny's charges, and the 7tb
drawn up by the General himself IL would adj
till the following day, which it did accordingly.