The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-06-12

Ate IL esst q ny ssselsstea. eA tAe hieAt
within two or iSrss ni!ss o. san Ausssslnl On tEs
road the army travelled around Lake chAloe; there
hreakfasted under the same roof
Q.-Does the witness mean by supping on the eve.
ming Of the 18th and breakfating the morning OF
the 18th under the same roof that they supped and
breakfssted together
A-Tbere separate the same
floor. Col Butler had his and Major Burns and
myself our mess; We were passing into each others
rooms continually.
Examination in chief by the Prosecutor.--Q.-Do
the witness chance to know that Burns dinsd
or supped company With the late Col Butler on the
10th of August last that they breakfassd lunch
ed together on the following day,
Al do not.
PAyMAsrrn T. KIRBY sworn-Q-At Tacubaya the
morning of I'D August last did the wit chance to be
present at an interview at the quarters of Major Gen
Scott between the latter and Major General Pillow pre-
sent another general officer respecting the appoint
ment of commissioners on the part Of the American
army, TO negotiate an armstice with the Mexican GO
vernmen and if SO please state what the witness
remember said by the said Scott and the said Pill
low the subject, together with the tone and
ner Of the two Generals.
Al was present at the time, and the occasion
referred to- The generaln-chief had just previously
arranged the appointing Of commissioners to treat on
the armstice. Gen. Pillow arrived and was informed
by Gen Scott who the commissioners were to be- !
judged from the remarks of Gen Pillow and his man.
ner that he had expected to be one of the commits
soners.
Gen Pillow here interposed aud put in the following
paper
The defendant objects this witness giving his impressions Of
us The s aH PoN Sa proof
exclusively the province Of the court 70 draw It's own differences
rule of la" " better settled than .A fr sS5fs a Gsa STea
To this Con Scott replied:
Mr. President and Gentlemen Of the Court have only
@ no s Or s osf
tion IN conveying ideas emotions 70 his fellow menthe
eject BY looks general
declarations BY word q month. Such silent ommnnica
.r wS ssd w q e Inv half
possos 70 exhibit in evidence except perhaps By
verbs ascribing the impression
tive s ns ns s
will sHss @ n sS y @ h'
Respectfully sp 1s1 ed, = soo,.r
The Court decided, that the witness will state his
recollection of what Maj Gen Pillow said, and of any
facts connected with the subject but not the impress
sons such facts and conversation made witnesses
mind.
The witness contnued-It would be impossible for
to recolect the words of either party; Gen Scott
stated to Gen. Pillow the reasons why he had placed
Gen Quitman at the head Of the commission, and
to Gen. Pillow, rather that he acquiesced in them
CouRr-Have you any more questions to ask,
Cen: Soo1 TT. is useless think, sir to continue
is contrary to all the decisions which have been here
toforc made by it.
your pardon, sir The Court never decided different
ly from what it has done.
Gen. CUSHING with increased warmth)-No, sir,
it does not 1t merely objects to opinions and infe
Gen Seorr-The tone is as much fact az any
thing else
ject to the tone.
The JuDeE ADVOCATE again read the question and
decision of the Court
Gen. TowsoN Ito Gen Scott)-Iinye YOU any fur
Their questions to ask the witness!
Gen. ScoTT-1 do not sir. understand the decision
Gen TowsoS (warmy) Your remarks are uncall-
ed for, sir. Gen Pisw, have you any questions to
put!
Gen Scorr (rising and with great calmness)-I
say sir, on my honor (placing his hand his HEARTY
The decision of the Court is inc comprehensive to
Gen TowsoS (knockng on the table)-Silence or
der.
Gen Scorr-I sir, have offered disrespect to the
Court any occasion. have always treated it with
the respect which would pay three Field Mar
composed of fifty Field Marshals. would main
tain my rights; have sir. seen remarks and remon-
strances made to the Chief Justice of the Supreme
Court. without giving Offences repeat, have always
treated the Court with all the respect due three Field
Marshals
Gen TowsoN (very warm and agtated)-It is not
the first time sir the Court has been told its rank is
1t has been appointed to investigate this
will not be nsuted. The Court has put up with n
called for remarks, because 1t unwilling to get into
collision with the prosecutor but the Co:rt has estab-
ished certain rules for its guidance, of which is
that there must be no discussions oral nj
cations-all must be in writing The Court feels bound
in respect for itself to adhere to its rules it
cannot do So it will adjourn, nd report the the
proper authorities, who decide upon remedy
Gen. ScorT-l again repeat that in the alusion to
Field Marshas intended to mark my respect of the
Court, also when referred to the proceedings
Supreme Court The privilege of remark remonstrance
and suggestion denied in any Court that
knowledge Of. / think that the Court has displayed
more feeling than necessary. have displayed feel
ing and shall give up the further questioning of the
witness because in my conscience cannot understan
the decision of the Court.
The witness was then cross-examined by Gen. Pill
low.
Q.-Winess will state if Gen Pillow did not express
on the occasion referred to- his qualification that
Scott had appointed Gen Qutman commissioner to
hp tern a he rmi tira Taer r1,ava
Ale may have done SOL don't collect in terms.
Q-Da Gen. Pillow express any wish to be appoint
ed, express any at not being appointed one
of the commissioners
Ale made some expressions which do recolect
precisely, which conveyed to the impression that
he expected to be appointed though don't recolect
the words
Q.-Will witness reflect a moment, and say il upon
Gen Pillow entering the room, Gen. Scott did not rise
from his seat. advance aud meet Gen Pillow-say to
him that he (Oen. Scott) had made him (Gen Pillow
his enemy too. Upon which Gen. Pilew replied g ! do
not understand you General - upon which General
Scott went on and stated that he had appointed
missoners, Sc, and who they were and, did not Gen.
Pillow. in reply say he was grathed Gen. Scott APP
pointed Gen. Qutmsn; that it right; that Gen
Qutman had not participated in the battles Of Con-
treras and Churubusco Ind that he, Gen Pillow, did
not desire to be Of the commission, Will witness
fleet and if the substance the above col
did not take place,
Al think that remarks in the question were
made by Gen Pillow. The reasons mentioned in the
question for the appointment of Gen Quitman were
those believe, which influenced the general-i chief
In the appointment Mt Of Gen. Quitman.
Odd witness hear Gen. Pillow at any time
express an approval of the armistice Has he not
the contrary heard him express his exceeding regret
that Gen Scott should have granted armisce sur
rendering all the advantages by the army the
battles OF Conreras and Churubusco at the cost Of
the blood Of l056 officers and privates of the army
without any guaranty of the enemys good faith in the
proposed negotiation.
Gen. ScorT called the attention Of the to the
question Objectionable.
The court upon examination. said tn at they did
lot observe any objection to the question.
Al Ieyer heard Gen Pillow express approval of
fbe armisiee don't rccolect his expressing himself
in disapproyal of it. though have heard he did
iisapproye Of H.
Q-Wtpess viii state IL the whole interview between
Major Generals Scott and Pillow not cordial
friendly.
Att was
Examination in chief rssumed--Q.---At the in