The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-09-21


ANSWER Ibid and by the invitation OF Gen. Keamy.
Question. VIII you please to whether you slept
with or Cen Kearny, and whether the conversation IN
relation to Lieut. Col Fremont, and subjects connected wan
him. kept up after lying down
Objection was made to the question by member
~The Judge Advocate said he had objection to this
~erng such questions going 10 contradict Gen
Kearny ,.;,,
that question excluded under the rule TO the con
radicon of witnesses by party on collateral matter, e'c
ted by his'own crossexamination. a., ,
Ihe court further considered the inquiry fmdteFid ahd
iyreeuant."
Behold this decision the questions stopped for coDat-
erality mmateTaty and irreevancy as either OF the
three il founded was not sufficient OF itself The court
possibly, OF opinion that by Jumping the three, like
tying three sticks in bundle each would become more
irrefragable: conclusion worthy OF their law logic
This is one of the in which the attorney in the
potent than the Judge advocate before IT
in which the exoclal was too many for the olhcal ad
vocate The points which Col Russell would have
contradiced Gen kearny, if allowed to go on, will be
comprehended by reading the questions and answers, on
cross-ineogaton of Gen Kearny himself on previous
day and which Col Russell was 10 be Intercepted,
10 contradict him. They appear al page So, thus:
"Question. Did Col RUSSELL by your invitation, sup with
you evening Of tie lSth being the day before the ar
rival OF the California battalion in Los Angeles .
answer, Capt Turner OF the dragons, and myself
messed logether we occupied at Los Angeles bpI one
room Col Russell supped with and slept with Capt
Turner the evening and night of his arrival at that place
he supped with by our mutual invitation; very poba
aQues.ion Did he lie in bed with you by your invita-
lion that night the whole night, or any part Of
Question. Do you ecolec OF any unusual means used
by You keep him awake, and to keep up conversation
Answer do not; but know went to sleep before
himself and Capt Turner
"Qucstion. Did you, in the night and while Russell was
in bed, say him, Russell, you dowsy and there
upon send and get spirits for him 10 drink in order to
kee him awake for conversation !!
'Answer. have no recollection whatever oil having
done so, aud do not believe that did So
"Question. Was the praise OF Lieut. Col Fremont
theme with you in ynir conversation win Col husSeh 'hat
aAnswer Think it highly probable. may have spoken
Col Russell that evening very highly of Lieut.. Col Ere
Cues,ion. Was the capulaon of Couenga subject of.
your conversation with Col. Russell that n2htl
"One,tion Did YOU applaud that capitua,ionl
ANSWER. did not say anything against 1t; understood
Question. Did you inform Col Russell that Stockton
was greatly opposed TO that capilulation s,,.,,o
" Answer. | had understood that Com. Stockton was
opposed TO it, and think told Col Russell So
"Queson Did yon no, inform Colonel Russell that
and him. the friend OF Lieut. Col Fremont oil that
enmiy
Question Did you not say these words Col Russell:
His Capt Emory's quarters are the hotbsd OF Fiemonrs
Answer never said Col. Russell anything Of the
kind and never said so to any one.
"Queson Did you say anything the subject of Lieut.
Enjoys enmity to Lieut. Col Fremont; and, II so, what
was IT! , 90,
Col Russell anything relating TO the enmlty OF Lieut.
Emory to Lieut. Col Fremont"
On every point of each of these inquiries, each of which
was then material both the issues before the court and
on the impeachment of kearnys veracity Affirmative an
swers would have been given by Russell. lie would
have proved that Kearny invited HIM back to ms quarters
t. sup and to sleep with hmthat the eulosum OF Ere
mont was the theme OF his tongue-that he was gong
away in four six weeks, and would appoint Fremont
governor when he went away Stockton recognised ms
authority under his instructions from the Pesdentiha
Stockton Fremonts enemy-Emory hls enemy
Emorys quarters the hotbed OF his enemies-hmsef his
friend, the friend OF Senator Benton and all the family
that this was kept up until Russell, overpowered with
sleep from the fagues he had undergone IN the march
from Monterey flour hundred miles, with the battalion,
the labors of the day in adjusting the captulaon OF
which he was of the commissioners, and his ride OF
twenty five miles in the evening, sunk into doze and
reused up by Keany, saying to hun, Russell, you
are drowsy and finding words sen, out ana
Conversation rather to hear his conversation wholly
directed the seduction OF Fremont through Russell
He RUSSELL it known and intended, went out the
next day to meet Fremont and told hun everything.
Here is a gap in the testimony Tor two days, and do
not fill il with anything told me. From the beginning
both here and in the court Introduce Fremont to
tell anything He is equally above being wines. for
himself or against his enemies He scorns to talk OF
them Judicial testimony their own autographs is the
only testimony use and, combining myself to tins kind
of testimony there gap this chain of evidence, TO
prove the attempted seduction, from the night OF the 4
to the morning of the nth of January 1t then opens
with small autograph in these words and iigures thus
introduced on the record, p. 76:
Gen. Rearny, crosseran,in Ition resumed.
Queson You SAID, in your direct examination, that on
the day subsequent-o wit on the ih oil yah9ary-Lenf
Col Fremont came TO my quarters Now, dd he come OF
his head the statement implies was he invited
by come
Answer | have no recollection of having invited him
come.
"Question. Is this paper original
'Answer Yes sir, that is my Writing, and that is my
'The paper here shown witness, then read follows:
JANUARY IL.
"DeAR COLONEL; ,ctst to see you business
~ Yours S. w. KEARNY,
Lieut.. Col. Fremont. Brigadier General"
"Question What time of the day was that note written
and sent?
"Answer. presume it written in the morning"
This note was sent the third day after the arrival OF
Fremont at Los Angeles and on the morning OF the day
the governorship which kearny swore 10 before the
court and which his strikers and stckers, on the
Atlantic, and the Pacific, were able TO repeat IN
the words, although nobody was presen-no wit
ness on that occason--to hear repeat that supposed
dialogue but Kearny and Fremont; that dialogue which
straight through by Kearny on his direct ex
animation, emitting nothing, and adding nothing &C
cordlng to his direct swearing; and proved upon the
examination to have remembered nothing las IN the
of the note which took place. and to have forgot
nothing which did not(as in the case OF going OIL to
see if Stockton would give him the governorshp-he
having Stocktons commission in his pocketO The tes
mony skips 10 this day, aud to this little autograph
which is perfectly significant "Denr Colonel: t1ish 10
you busness'-brief, bui comprehensive. dear
That is afectonate and not official 81 wist That IS
with the mental but with the bodily eye; TO have WIS.,
ual contemplation of him to behold HIM to look upon
him to visualize him. "Oh business" That is to say,
for transaction Thus, this brief note from kearny to
his dear Fremont 10 crafty desire OF his heart to
have personal interview with him. not OF curiosity or
amusement, but of serious import-busness transac-
tons being always serious-and this interview fore
Swallowed SUCH by the formaty OF the written IN
vation-the solemnity of the wordsand the ofhciality
of the signature-"Brgadier General" 1t was a ser-