Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1848-01-21
From the Baltimore Clipper, 18th inst
FLARE UP BETWEEN COL. BENTON
AND GEN. KEARNY.

scene
mont Court Martial, between Col Benton and
Gen. Kearny, and we regret TO find il confirm
ell by the report of the proceedings as pub
lished in the National Intelligencer. We ex-
tract that portion of the proceedings having
reference to the unpleasant affair =
Lieut. Col Fremont then made an applica-
ton fer the recall by the Court of Commodore
Stockton, to be interrogated by the Court on
all the points on which he had been contra
dicted by Gen'l Kearny in the examination by
the court.
On this application the Court was ordered
to be cleared.
General Kearny said-'s Mr.. President
Before the Court is cleared wish to make a
statement"
No objection being made
Gen'l Kearny said consider it due TO
the dignity of the Court, and the high respect
entertain for it, that should here state that
on my last appearance before this court, when
was answering questions propounded to me
BY the court, the senior counsel OF the accus
ed, Thomas H. Benton, of Missouri, sat in his
place making mouths and grlmaces at me,
which considered were intended TO offend, to
insult, and to overawe me.
Is ask of this court no action so far as lam
concerned am fully capable of taking care
of my own honor"
The President OF the court said: ''He re-
GREETED very much to hear it. He had not OBJ
served any thing of it. He referred TO the
power of courts martial under the law IN re-
gard to violations of order in its presence; and
he read the 10Th article of the Rules and Arti-
cles of War as follows:
No person, whatsoever shall use any me-
nacing words, signs, or gestures in presence
of court martial. or shall cause any disorder
or riot, or disturb their proceedings, on the
penalty of being punished at the discretion OF
the said court MARTIAL
The Hon. Thomas H. Benton, counsel
for Lieut.. Col Fremont, then addressed the
court as follows:
81 desire the Judge Advocate will take
down what say" He then continued:
Mr.. President: On or about the first day
of Genl Kearny's examination before this
court, when he stood in that corner, and when
he twice swore that Col. Fremont had the
originals now of certain papers if he had not
destroyed them, he fixed his eyes upon Col.
Fremont fSedly and pausingly, and looked
insultingly and fiendishIy at him. The Judge
Advocate, by leading questions, led General
kearny into modification of what ne had
previously sworn
I1eTe IL HleH1OcT OF the court IOSc dIu Stliu :
"Mr. President rise to bring the attention
of the court 10 point of order, which ought,
| think, TO be observed. Remarks rejecting
upon the integrity of our proceedings are not,
in my opinion, admissible"
Colonel Benton said s'I admit the power
of the Court to punish, but they must first
| hear.''
The member above alluded to, again rose
| nd 7 10 o
| tnctly understood that in rising intended to
interpose no impeachment to free and full re-
ply, on the pant of the senior member of the
counsel for the defence, to the remarks which
have been made by Gen'l Kearny. My OBJ
ject in rising was to call attention to what APP
peared to mea violation of that respect which
is due TO the Court in comment upon the in
tegrlty o. its proceedings. The gentleman
has said that the Judge Advocate, who is the
officer of the Court representing the Govern
ment, which prosecutes in this case, had put
a leading question to the witness for the pros
ecution, and had thus led him into mo1itica-
ton of that to which he had twice previously
sworn, These are the words (said the men,
ber) which he had risen TO object to, and he
hoped they would not be permitted TO go upon
the record'
The member further said: &c Mr. President:
1t is we'll known principle of law that par
ty cannot be allowed to put leading question
to a witness who testifes on the part of that
party, and especially when it would lead the
witness to a modification of what he had said.
Such course would have been corrupt in the
Judge Advocate, and the Court would have
been derelict to its duty to have permitted
such proceeding"
1t being now few minutes of o'clock
when by law the Court must adjourn, the
Judge Advocate requested Col. Benton to con-
tinue his remarks without waiting for the
Judge Advocate to record them, and he, the
Judge Advocate, would endeavor TO remember
and afterwards record them.
Col Benton continued his remarks, accord
ing to the recollection of the Judge Advocate,
as follows:
"When General Kearny fixed his eyes on
COL Fremont, | determined, if he should at
tempt again 10 look down a prisoner, ] would
look at him. | did this day and the look of
to-day was the consequence of the looks in
this Court before. did to-day look at Gen'l
kearny when he looked at Col. Fremont; and
| looked him down; looked at him till his
eyes fell-till they fell upon the floor
6 AS to this Court, dsclaim any intention
to disturb its order, entertaining as do the
hiSneSt respect Tor TINS Court"
The President of the Court said he had OBJ
served Genl Kearny look towards Col. Ere
mont during the trial, and on the occasion re-
ierred to, but moi with an insulting expression
OF countenance; on the contrary, he, the Pres
Ident, thought the expression was one of po-
likeness and kindness.
The hour of having arrived, the Pres-
dent gave the order for the adjournment of the
| Court.
Gen'l kearny rose and said "I wish, in
the presence of the Court, to say, that have
never offered the slightest insult to Col. FIRE.
mont, either here as a prisoner on this trial or
any where, or under any circumstances what
soever"
The Court here adjourned until Monday,
when II again assembled at the usual hour,
and after some corrections of the journal, the
following proceedings were had:
The Judge Advocate then read the follow
ing as proceedings in closed session:
" And the Court directed it to be entered on
the record, that the matter referred to by the
counsel of the accused in the proceedings of a
previous day in this court, was not an irregu.
larty; and there was no leading question put
to the witness; that the question, as shown
by the record, was regular; though the point
and subject of the question was not Of the
smallest Importance
. A written statement was received in clio.
CQI II