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


the Court But he afterwards added, the suggestion Of
the Court these circumstances nearly stated by the witness
and substantially as given above in this report.
Question: 10y member, If not objected 10 by the Court
Was there any thing peculiar the time OF the approach of
line OF batte-shp off Monterey Il it not common when
strange sail appears to get ready for action
The question being objected to- the Court cleared.
on opening the doors 1t was announced that the Court de-
cided the question should not be put.
Lieut. Col Fremont offered the original despatch brought
by Capt HAMLEY TO himself from Com. Stockton the
camp OF the Willows, and which referred in Capt
HAMLErs testimony II admitted as authentic by the
Judge Advocate and read as follows:
SCAMP ar ST LUIS REr, jan, s, 1917.
MY DEAR COLONEL: We arrived here last night from
san Dego and leave to-day march for the city Of the
Angels where hope to be in five six days learned this
morning that you Santa Barbara send this de-
spatch BY the way of San Diego, hope ii may reach
you in time II there single chance against YOU you
had better not fight the rebels until get up aid YOU you
join me on the road to the Pueblo Those fellows all
prepared and Gen Keanys have given them all
confidence and courage fyou fight before see you keep
forces close DO not allow them to separate
even unnecessarily extend it, They will probably try to de-
ceye you b sudden retreat pretended runaway and then
unexpectedly return the charge alter your get disorder
in the chase My advice you allow them do all the
charging and runn and let rifles do the In the
art OF horemanshp OF lodging and running is in vain to
attempt to compete with them.
In haste very truly your friend and obeden servant
"R. +. STOCKTON.
g. understand probable they will try to avoid me
fight you separately"
member Directing to the recording of the despatch
was, that the despatch be recorded
Wm n. LoKEn, witness called on the part Of the de-
fence, dulysworn.
Question Were you officer in the California battalion
in January last and if SO, of what rank
AnsUer On arriving at Los Angeles ls lieutenant
in company shortly afterwards was appointed adutant
Of the battalion.
Question Did YOU in that capacity of adutaut by direc-
ton of Gov Fremont communicate to the battalion the order
of Gen. Kearpy Of March ls for mastering them into SER
vice. according of the laws of May and June 1916
AnSp9. COL Fremont sent with paper not the order
Of Gen Kearny but the Of Congress touching the enlist
ment Of volunteers which communicated to the battalion
He told me it sent by order Of Gen. Keany, and that he
Gen X wished the battalion mustered into service under
this act communicated the battalion according to
order, and told them myself that Gen. Keay wanted them
mustered into service. There Also at another time,
regular muster, when COL Mason down with an order
from Gen. Kearny that the battalion should be into
service.
Question Did you communicate that fact to Major Cooke
Ans,ce overlook Major Cooke riding out the mission
and after had passed him, he called and inquired the
way there. told him going there and we rode on
together He then asked what objection had
in the service. He remarked it very strange that the
battalion Gas he had head) refused be mustered into SER
vice, and asked what objection had to it. told him
had none. He then asked the of this difference
between myself and the others told him would not affect
my pay as il did that of the He then asked the
knew of the orders of Gen. Kearny that they must be
mustered into service told him that such orders had been
conveyed TO me- also told him Of the had refused
to be mustered in.
Question Do you remember an instance on the Sanisaus
river when Lieut. COL Fremont refused by Gen Kearny
permission TO encamp at certain spot and directed
camp close by the encampment of the Mormons II So state
the circumstances, when and where it was.
Lieut. Col. Fremont read the following paper :,
The object of this question: and of Inquiries hereafter to
follow, is to show that Lieut.. Col Fremont without being
formed that he then would be any subsequent
placed in arrest nevertheless virtually constituted pr-
under guard of the Mormons leaving California
and marched across the continent by Gen. kearny
circumstances OF ndgnity allowed by the service
ward prisoners The army regulations direct that officer
ola company shall be marched in the his
pany and regiment officer in the of his regiment
in the present without any arrest any notice OF in
tended arrest Lieut. Col Fremont and the party of citizens
who had aided him for anumber Of years his explorations
and surveys in the West whom Gen. Kearny had
umed command, marched in the of company
not IN the OF regmentnot in the OF an armybut
in the and under the surveillance Of the Mormon guard
and servants OF Gen. keany this aggravated by succession
OF ndgnities, commencing with public exhibition pub
lie insults before the assembled inhabitants and officers of the
Monterey the Pacific and receiving their browning
of aons at Fort LeavenwnTh the Missouri
1t is intended follow this train Of ndgnes
Lieut. Col Fremont is advised by his counsel he has right
do for the purpose first Of showing the yndetye temper
OF Gen Kearny toward him, and thence impesehing his
tves in nstutng this prosecution and his credit witness
before this Court J. G. FREMONT,
Lieut.. Col. Mounted Rhemen.n
Whereupon the Court cleared and remained the
hour of adjournment, when the President informed Lieut.
Col Fremont that they had yet decided upon the question
submitted.
And then the Court adjourned tomorrow, at 10 o'clock
MONDAY, December 27.-FoRTr- SECOND DAr.
The Court met pursuant 10 adjournment; all the |
members in attendance.
After the reading Of the Journal the Court immediate
y cleared consider paper put in the last day of its sit
ting by the defence in relation testimony offered by them
When the doors opened its decision was announced
as follows:
"The explanation Of the proposed inquiry by the defence
that 1t Col Fremont marched the continent
virtual prisoner under circumstances fndgny c from his
Gen Keany allowed towards prisoners
and the defence offers general terms
show in evidence few glarng instances without having
specified the The Court before deciding
this inquiry, will receive from the accused OF
those instances ndgn, specifically which he proposes
present to show course OF oppression
Whereup6n the following reply made by the defence
Mr. President Lieut. COL Fremont supposed, under adj
vice of his counsel that stating the general object Of the
inquiries which he proposed to institute would be su
cient explanation for the action Of the Court not only the
Of the inquiries however, but detailed statement OF
the facts themselves proposed 10 be proved requre will
take time consult with the Witnesses to ascertain what each
cognzant of and remembers and afterwards TO draw
statement Of the facts is proposed TO embrace What
proposed be proved under the question before the Court
distinct fact in ITSELF wit that Lieut. Col Fremont hav-
selected certain convenient place encamp was refused
permission TO encamp there and without apparent motive
unless place him the neghborhood and under the urvei
lance Of Gen. Kearny party OF Mormon ordered to
camp another place Other facts TO be brought out in SUBJ
scquent inquiries viii tend to the end and Lieut. Col
Fremont by advice OF his COUNSEL respectfully SUBMITS that
require, before decision is had upon this point crcum-
stantal development Of all the testimony that he desires TO