The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-08-29
CITY OF WASHINGTON TUESDAY MORNING. AUGUST 49, l84s


as before said, the north bank within hundred
Yards Of the river and presented 'front.' consisting OF
other our left and the third in front OF the artillery
Our whole line advanced, while skrmish kept up
oy party OF the enemy and detachment Of rifsmen
On reaching me south side of the ripe The Commodore dis
asa su a"as & * t e q ne
Ky dt,aE on me Sos sans The Go%"loaois ordered
dered charge 20 take the hA directly in the teeth of
Of the prominent point they had Just occupied An at
tempt made by the Califonians of our pack
horses and cattle In the rear all Of which, however, with
the exception of few horses were protected by our rear
IN the most creditable manner sufficiently skill
ed in military give definite account of The bat.
lie Cut ne skM m management and determined eorag and
ordpoy Of o." Commodore, gape 10 all The fullest confidence
fired was aimed by the Commodore before the charge was
made up the hill (his superior skin gunney and fond
ness or exercising big guns never appeared greater add
vantage than ON this occason) overhrowing eney's
gnn which had Just poured forth its thunder our midst
Finding the hill in our possession, and artillery having
gained The desired point cannonadng kept up for
some me NE Commodore eostinn"g 10 aim the guns,
drtng he's men TO lie docn until e rsaSy To
FIRE. by wireh means rafabe and brave f.iiops'
TO fire their artillery Nth eject. For bevy ,nnsr
eave out many particulars. Having driven our enemy be-
hill they had tried hard defend, and where they ia.
TENDED e Gas hsy SAID to eat up The number of their
as they carried away Immediately their horses all W no
18th January-The enemy met us again TODAY on the
plains Of the Mesa near the city and, with bold
nonading, with several attempts 10 charge in upon us
The batle was kept up spitedy for two hours and half
discharge Of artillery make, and my request that
you will make bold and determined charge re-
Sort This they attempted firm and steady course
in which our troops continued defend themselves re.
PEELED the attempt at charge, and found ourselves
again victorious in the second days fight days
fight lasted one hour and half AT night encamped
near the battle ground, and the morning of The lOh
adjacent hills were gisienins with tie ances of our ene
mics whom we forced 10 dsperse When recoecred
that all work to dee nd ourselves baggage wagons
CATTLE horses, and pack mules, had to be done loot
while enesnies were mounted irsrate horses, it
not remarkable that we should have been successful
But IT was done on the glorious 9Th of January ogehe
inc to bo aay a. Tue result OF oo days we are
our warcry was New Orleans say nothing here
s 0N BE- done by The official report the eo"aoaos
81 give the above facts being self eye-ptnss TO
The success attending the Callfornians in their fight
with Captain hrpne at San Pedro, and afterwards with
arrogant, and every of us was determined to re
tieve if possible, the credit OF the American
country. Yours &c"
So spoke the publication, SO backed by the fifteen eve
witnesses OF the events OF which they speak adding them
to the four former whose testimony, in open court and
with the live voice, to the po,nte banc and have
nineteen eye and ear Witnesses positively sustaining
Stockton, positively conadcting Kearny Add, further
the official report Of the acting assistant aduan general
as ssase M 5Sw sn COZ c sHS
&C., &C., &C." already read and you have twenty wit
nesses to the same fact on the same side of the question
And now, how many upon the other9 Not one
Gen. Kearnys side of the issue remains without vouch-
err without the shadow OF witness He had one, it
was thought; one who stood in the relation to know
the truth, and most sacredy bound tell it, if favor
able to General Keany, and equally bound by codes
Of morality not to tell it if the truth against Kearny
That person was the then lieutenant, brevet leuten-
ant colonel of typographical engineers, Emory He had
been the devoted and the attached friend of General
Kearny his road companion the ride from Santa Fe to
San Dego his assistant adutan general in California;
his select messenger to bring home the dispatches which
apprized the government OF the almost " cul tcdr" in
California; to enforce the Kearny side of that in
the War Office and the public press; who commenced
his vocation the lsthmus of Panama. and never ceased
till lodged in Washington his bearer of the order to
Fremont which became the basis of the and of all
the charges OF mutny dsobedience disordery conduct
&c his avOuched referee at most pinchng part of his
testimony before the this witness was present at
the courtroom summoned there by Fremont and should
naturally have been the first witness for General kearny
lie was not No entreay, remonstrance, expostuation
could bring him the stand witness for Kearny so
ton. Failing in all this, and knowing the vital import
ance OF having Lieut.. Col Emory upon the stand
adversary witness, recourse was had, derRer resort
and in fact orlorn hope, to the power of the court
BIN, and to give the rights of examination
in virtue of that rule in the law of evidence which gives
that right TO party over witness called by HIMSELF and
necessarily standing in situation to be adverse him
For this purpose, written argument addressed the
court to be seen at pages 1877 1885, 159 of the printed trial
will read it,
"Mr President: Lieutenant Colonel Fremont desires re
specially call the attention OF the the fact
accuter and principal utng witness this has
two occasions, vouched Lieutenant W. H. Emory of the
typographical engineers, able testify poran
point to which both the court and the defence have direct
connexon with accqser was prominent actor in and
witness OF all the events in which the matters of accusation
and under such circumstances naturally point him
out as me most important Witness after the accuser him
SELF on the side OF the prosecutions and that he has
been summoned, and it is understood the prosecution de-
cline now to call him
"Leutenant Emory formed portion of the guard which
accompanied Gen. kearny from New Mexico TO California;
was with him San PasquaI and the hill of San Ber-
the latter place, from the l2n the 18th December was