Weekly national intelligencer., 1848-01-29

II1gs
bered than expressions heard and after forgetting his
act in writing 10 to him on business after
forgetting the fact Of seeing the famous M Carson bring the
letter which he has long saved for this prosecution
instructed by counsel say that the law discedts him
witness.
Thirdly. Discredted by his own conduct.
hold that the charge is discredted by Gen. Keamys
conduct at the time In not repeating to Com Stockton, or
to the Government Of the United States Ia neither of the
two letters written by him Gov Stockton the day
on which my alleged offer sell the California battalion to him
for goyenoshp accompanied by Of revolt against
Gov Stockton is testified to have taken place, is the remoest
hint aluson any such transaction Now, whatever
may have been General Kearnys opinion of his rights
and of the refusal Of Gov Stockton to recognise his claims
considerations of public duty ought TO have prompted him,
before going away and leaving the interests Of the country
entirely in the hands Of Governor Socktun with known
intention his part Of presently committing them 10 me- TO
that officer OF my conduct and threat OF sedion
such bad taken place On the other hand considerations
public duty not the motive that had influence with him,
but instead his private resentment these also, whether
against Com Stockton myself both would equally have
prompted him the disclosure, had there been any make
For if after being informed OF such insubordnaion Gov
Stockton had still persisted in his intentions toward con
tnuing my command and leaving in the governorsbp
the witness would have fastened upon both corrupt intrigue
and collision If Gov Stockton had acted upon the nfor
nation would have been proper to act and he probably
would acted namely taken away my command and pos
siby seized my person, then that uaqustOab rum in
tmaed for would have been accomplished
Had that which is charged upon actually taken place.
in the mind Of the Witness have been cannot with
the and inducements which existed for its disclosures be
accounted for any known principle Of human conduct Be-
sides these letters to Gov Stockton Of that day both silent
on this charge the witness also wrote to the War Department
the same day. reporting both Gov Stockton and myself
usng obey him the instructions of the Presidents and
neither in that letter is there the slightest hint ausion to
any such transaction Gen. KearDy has testified to-
There is case at the Old Bailey where person convict
ed and executed, mainly the presumption which very
similar omission this raised II was the Of Gov. Wall,
tried at the Old Bailey, in 1902 charge Of murder COM
med under color Of official duty, the punishment OF SOL
dier at Goree off the of Africa, twenty years before
The soldier punished with eight hundred ashes in
sequence of which he died two days ae The defence set
up was that part Of the troops OF the garrison were in state
of muty of which the soldier punished the rngeader
and that punishment inflicted under the article Of war
which requires officer present utnyto do his utmost
to suppress it. The prosecution proved that Gou Val en
a,eay from the place on The day fooong ne alleged aets
of nutiny and tci him tco officers: and that arriuing IN
England reported in ,crng TO the Government concern
ing the affairs Of the garrison, NO MENTION OF
ALLEGED The Lord Chief Baron Macdonald,
dwe upon that OMISSION and pointed to the jury There
other evidence the point Of muny muny but it
nearly balanced and this omission became the great point
in the The governor convicted and nowhstand-
ing the powerful efforts obtain his pardon, the King
George III refused TO grant and he was hung at Tybu
according his sentence and his body given up the surgeons
to be dissected and anatomitized.
The presumption raised in the present instance is stronger
than in the have quoted There the report referred only
syey the subject in There, if there had been
muny there occasion for the action Of the Govern
ment for the miny such il was, had been suppressed
the punshed here the report specially for the
action OF the Government the stated. There the oms
sion merely matter left out not affecting in any way
what put here the omission is of the material part
and without which not only imperfect but false view is
given TO the whole. There the letter written SIX weeks
after the occurrence and at great distance from the scene OF
it here it written the spot, the same day. All the
for Gen Kearny to have reported alleged mutny
and tie base motive for it, in the imputed attempted bargain.
ing about the goyernohp infinitely stronger than IN the
case of Gov Wall The omission heavy circumstance
against him in his must be in the present one,
and authorizes say that the testimony Of the witness here
dscreded by his condut at the time OF these imputed
offences.
Fourfhiy now take q more decided view Of this tetmo.
in relation governorp, and that besides being i'm
probable its face nvsdaied the and
dscredcd by his conduct dsproved by facts and wit
The imputed bargaining for the govemoshp the
point Of the muny and the base and sordd Of IT, New
il there bargaining, attempt at IT. for the governor
ship, then there mutny and the whole charge with
its imputed motive and nferences, falls to the ground And
now how the fact That, early August 1885, Gov
Stockton his head selected for his successor
governor and in California that he in
formed Of il the time by letter. aud also informed the
Government OF the United States Of it, aud had actually fixed
the 25h day of October for his return TO his squadron
and for my inhalation governor, and only delay
ed in that intention by the breaking out Of the nsurrecon
that he informed Gen X of oil this at San Diego by giving
him copy Of his official despatch theovement read
tai arriving Los Angeles in January, he Immediately pro-
ceeded 10 his delayed intention, making all pre-
paraons for his departure and m my installation, ap-
pointing governor in FORM appointing secretary Of my
CHOICE appointing the council Immediately filling up my place
in the California battalion by promoting Capt Gillespie TO be
major and all these things done and completed by the l6h
and SO known generally the me and actually known
Gen. Kearny HIMSELF appears by his own letter Of that date
TO Acting Governor Stockton obddng the appointments
and also by his before this The fol-
lowing are passages from the letter 2" informed that
you engaged in organizing civil government, and
appointing officers for it in this Territory" I'll
you have such authority (from the Presdeu then de-
mand that all further proceedings relating to the for
nation Of civ, government for this Territory cannot
cognise in you any right in assuming perform duties cond
nation Of the day fully sus,ans the assertion that the
10th Gen. Keay knew that Governor Stockton appoint
ing the governor and secretary for California, and bis letter 10
the Department Of the date q 6h) shows that he
only knew H. but reported H. These facts dprove the
ton that on the 18th asked Gen. X for the govenohp OF
California dsprove the assertion that would see Commodore
Stockton and unless be gave once would not obey his
orders The facts dprove il for oil the forms of besowinp
the appointment had been completed the day before while the
ppontmen itself had been virtually and actually made for
near six months before will proceed the positive
testimony Of unimpeached and unimpeachabe Witness 10
dprove the testimony OF Gen. Keany in relation this gov
ernorshp.
Col VIM H. Russell, witness introduced the thirty
sixth day Of the trial. testified that he sent by Lieut. Col
Fremont from the plains Of Couenga about the 18th Of Jsnu
airy Los Angeles ascertain who in chief command,
and to make report Of the capula,ion Of Couenga leave
out this time, all notice OF his testimony except what
lates to the governorshp He says he went rt TO Gen