Weekly national intelligencer., 1848-01-29

when the commissions would be ready for delivery made
this communication to Lieut. Col Fremont and at the ap-
pointed dime returned with him TO Commodore Socktons
quarters when he he Commodore accordingly handed the
commissions TO each Of qualify here, as am
told there is some discrepancy about dates presume was
the 6h because tue commissions bear that date and for the
further that was within two three days ohe arrival
Of Lieut.. Col Fremont at Los Angeles"
This on the direct examination the examna-
ton the foreh day Of the trial. the witness (Co Russe
in reply to questions confirmed all that he had said, and
added " That in all the conversations had with General
Keany that evening 18th january understood it 10 be
his wish to appoint Lieut. COL Fremont governor, II he
could rightfuly do So"
On his reinoduction the fifty first day of the trial
Gen X was allowed to testify, mol 10 matter introduced
by the defence but to reesty to the points which he had
before been fully examined and SO he coniradcted
COL Russell asked to have the witnesses confronted before
the Cout it refused asked to introduce gentlemen
of the highest standing in the United States namely Mr.
Clay and Mr. Crtenden Mr. Justice Catron Of the Supreme
Court Hon Mr. French, Of the House of Representatives
from Kentucky Hon. Mr.. JAMESON Of the House OF
Representatives from Mssou to sustain the general character
of COL Russell for truth and veracy refused by the
Court, and this assigned:
The Court does not consider contradictory statements
where fraud is not imputed involving right in party 10
sustain the credit Of witness by evidence to cha
racter.
the presented here apparently reference the
examination Of witnesses by the Court ITSELF which could not
be to aim at any witness and which has
mony which would be Of doubtful admssiby to rebu any
examination by party.
the part OF the Court the integrity and general cha
ofthe Witness which the Court does not entertain" "
This reason and the refusal confront Gen Kearny and
Col Russell point of the testimony vital to my honor,
am instructed by my counsel say could only have been
given upon the admission of full faith and credit being given
COL Russell all the points of his testimony conadiced
by Gen. Kearny Upon this supposton nothing further
would need to be said in support of Col RussePs credit but
impossible to overlook the garng fact the part Of the
prosecution of the production Of Captain Turner at the
time Of the reinroducon of Gen. Kearny All the test
mony both sides shows the general frequent presence OF
Capt Turner the day, the night the table, and the bed
conversations of the 3h of January, at Gen. Kearnys quar-
tes which also the quarters Of Capt Turner and ne
frequently referred to it in the OF the testimony II he
could contradict Col Russell il would be weghy he could
merely say that he heard such thing would be something's
il he could say that Gen. Kearny told him differently at the
ime it would be corroboation OF what he now says
But instead of this not TO rentToduce him at all when he
is the witness Of the prosecution and actually present. he
then was the Of the Court is to admit the pre-
sumption Of the law that his nonproducton under such cir
circumstance in favor Of Colonel Russers
testimony.
The attempt to weaken Col Russells testimony at this
point by taking exception the word ssnended to return
Missouri, ends in the corroboration OF it: AT best it is
only the difference between erpeed and intended and COL
in his direct testimony said he not certain OF the exact
words y for Gen Kearny, in his direct testimony testified that
he expected shortly to leave California for Missouri in
sequence Of the leave he had asked before he left Santa Fe
and his examination he substituted " month six
weeks for the term shortly either of which corresponds with
Col Russelps statement and nulifes the argument against
the open question: which Gen. X. much relied And
thus say that the testimony Of Gen. Keay dispoved by
the positive testimony of unmpeached and unimpeachabe
witness well as by established facts.
Fiihl say that this statement that asked Gen. Kear
ny for the govcnorshp, is dsavowed by the entire Of
my life have neither begged bargained for offices. My
first appointment second lieutenant of typographical eng
given by President Jackson Mr. Ponss being
Secretary War; when far distant the Upper Mis-
sisspp assisting Mr. Nicoe in his great survey OF that
gon, My evet of captain given by President Tyler,
n.rc
myself friends The appointment of lieutenant colonel
in California when not even thinking of it,
and assured by Senator Benton that it President
Pok act not only unaskcd by him, but that he refused
consent that any friend should such thing TO the
President The three appointments given to by Commo
dore Stockton Chose of major Of the California battalion, mill
ay commandan Of California and governor and commander
in chief in Cslonia) all given Of his head, with
solicitation hint from Such has been the uniform
Of my life in respect Office, and Gen. keany is
exception il. The uniform conduct Of my life disavows
benefit Of that davowa in where request would be
infamous which never made when might have been done
! with honor.
Shl Having shown that This testimony Of Gen. Keany
is Improbable lis face, nvakdated his exami-
nan discredted by his conduct dspovcd by positive
testimony and dsavowed by the Of my life como
to the last and only remaining species Of testmonythat OF
my own declaration Happily have no new declaration to
make have only to show the statement which made for
the eye Of private friendship in the of narrative,
and circumstance in the history of the transaction,
twelve months ago. when the fresh, question
abopt it, and Of any kind expected In that private
letter to Senator Benton already referred TO- written Los
Angeles and dated the 3lday Of february ls47, these
| words.
Both offered me the commission and post Of governor
Cosmodorc Stockton, 10 redeem his pledge 10 that Effect
medafei and General Kedrny Offering 10 giUe The comnis-
sion IN four sir weeks."
This is wha, then wrote the eye Of private friendship
and what produce 10 this Court as my own testimony
in this case. TT And now il to myself, to
my friends and 10 good whose esteem desire to pos
sess to declare and make the declaration upon responsible
lites infinitely higher than those of military honor and
mission that Brgsdicr General Keamy, in all that he has
testified in relation this govenorshp, has borne false wit
ness against me-
dismiss this topic, the only in the multiplied charges
against me which my honor, with the reflection,
which springs of itself from the and finds response in
every generous mind that General Keay himself undertook
10 educc with this govcnorshp, and, failing TO do 50,
has raised against the false accusation Of applying him
for II, and has sworn to IT,
And here close my defence, both TO the fact and the
motive Of specification rst in charge first for the crime Of
mutny.
The reading Of this part Of the Defence having been
cludcd the Court adjourned ill IL o'clock tomorrow.
TCEsDAr, JANUARY 25-FIrTr-sIxrH Dar.
The Court met pursuant TO adjournment when
1t Col. Fremont proceeded to read the second
part Of his Defence, as follows:
proceed now 70 defend the under different
charges for happens this trial that The Of
placed under different charges some under charges
namely mutny and dsobedence Of ordcrsand under
in