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read 10 him my reply.


Lieut. Col Fremont stated that he had no further questions
1 10 put TO the witness.


He then presented the Court paper requesting that
Major Philip St g. Cooke witness called by the prosecu-
on, and heretofore examined might be again for
W the subject of the letter said to have been written by
him to Com Stockton


The Court was cleared When the doors were again
opened


The Judge Advocate stated that Major Cooke having been
examined by both Sides had, his earnest solicitation,
been dismissed in order TO join his regiment in Mexico aud
was probably his way thither. He said further


1he Court decided that it will be proper for Lieut. Col


trial upon which the letter from Major Cooke Com Stock
ton is Thought by him to have bearing. The Court viii then
be able TO decide he application in reference the
dueton OF The aforesaid letter. and the recalling OF Major
( Cooke witness'


The accused asked till prepare his reply which
granted.
\ Com Sroc then cross examined by the Judge
Advocate.


Question: In your answer you speak of conversation
between yourself and Lieut. Col Fremont your quarters
was that conversation held the 10th l7hl What is
your belief


Aascer. 1t on the 10th.


Question: Look at this paper it is your commission to
Lieut.. Col Fremont Governor of California. Have you
any recollection of the day when that paper delivered
\ Lieut.. Col. Fremont Ifs please to state it }


insaer. believe the evening of the 9th that
for Lieut.. COL Fremont and gave him his commission
4 Governor but my recollection of il is perfect


Question: Will you say whose handwriting that is in
Here the witness was shown the commission Of Lieut. COL
1 Fremont Governor.


4aS,Oer. think in the handwriting of my clerk Mr.
Simmons


Question Is he here now.
AaS,cer. He is


Question What orders instructions from the President
of the United States Secretary OF the Navy had you the
10th January, lS47, in regard the establishment civil
| government in California


Answer. do not think had any do not include how
ever, in this instructions from Com. Sloa


Ia paper here shown to the witness the Judge Advo
cate being letter of instructions from Secretary Bancroft
Com. Sloa dated the 18th of July. 1t the intention
of the Government to take California and hold during the
war and at its close expects to retain it the basis of ut
possidets 1t directs the capture of Monterey, Francis
co, and San Diego and the harbors in the Gulf low
Guyamas This will bring with it the necessity Of civil go
vernmen, &C.


Question: Did you receive that


Major Graham here moved that teegaphc dispatches be
sent to Lieut.. Col Cooke at Cincinnati and Louisville The
question was for the present reserved
Question: (repeated.) Did you receive that


Ans,oer. do think did The only instructions
ceved from the Government myself those brought
Mr. McRae My instructions those from Com. Sloat
and those brought by Mr. McRae. The others sent
to Com. Shubrick Com Bdde and if communicated to
only by courtesy have recollection Of hav-
ing received the paper shown of 18th July. My right
establish civil government incident the conquest
and formed the government under the law Of nations with
out having received any special instructions.


Col. Fremont here put in the following paper


g Mr. President Lieut.. Col. Fremont wishes to know
whether the question Stockton relation TO the re-
cept the instructions of the 9Th July 1876 is founded on
the which Lieut. COL Fremont has heretofore proposed
make of those Instructions which rejected the
Court when offered by him.


The Court was cleared.


The counsel of the accused said they did wish press
the question but the Court cleared After brief pc
rod the following decision of the Court was announced


hat the Court perceive that Lieut. Col Fremonts obec-
ton to the cross-examnaton is founded Misrepresentation
The Court has excluded the part of the Defence the
instructions OF the Navy Department TO Com Soa the 18th
july 1S47 These instructions when offered BY defence
few days ago, returned then stated because they
already the record and therefore, need be repeat
ed on it,"


The testimony of the Witness recorded having been read
him


The Court adjourned to ten o'clock tomorrow.


FRIDAY, DECEMBER l0-THRTIErH Day


The Court met pursuant to adjournment; all the
members in attendance.


The following paper was read by Lieut. COL Fremont
Mr. President: Under the order of the Court Of yes
tera to explain the points involved the trial upon which
the letter from Major Cooke Commodore Stockton is
thought to have bearing Lieut. Col Fremont says
part the letter which he deems relevant which stat
ed the rumored approach of the Mexican Gen. Bustanrne
and the part Of the defence which he deemed applicable
was that which grew out Of the charge of dsobedence not
repairing 10 Monterey in the time limited by Gen. Keamy.


Lieut. Col Fremont further that when he made the
request yesterday TO have order upon Major Cooke pro-
duee the original copy Of his letter to Com Stockton
had been released from his attendance Witness aud had
ict the city that, knowing IT now, he does ask have
him recalled.


''Ieut Col Fremont further desires to saw that after
witnesses have been examined he will agree their mme
dae discharge ut his is deemed material by the Court
and his counsel advise him that is in all which he
sees or expects further benefit from their attendance


81. G.. FREMONT,


''Leut. Col. Mounted Rhemen."
The discrimination by the prosecution of Commodore
STOCKTON, witness for the defence was resumed.
The witness said In my testimony dscaim having any
knowledge OF military tactics In consequence Of the want of
such knowledge may be possible that part my te.timo
ny may not be understood designed should be there
lore take this opportunity say that when stated that
Gen. kearny at the head of square formed by the
men on the right flank intended convey the fact that
Gen. kearny at the head of square on my right
Whether it the right flank "mdGle division or
any thing else don't pretendto know. The position of this
square directly between myself and other portion
OF the troops with the volunteers the right beg eave
also to add this to my testimony Of yesterday
Com. r. f. S. begs leave add his in re-
ponse his first nteogatory the general declaration that
he wishes TO be understood meaning distinctly the
ida That Cen kearny fully invested by him with
mand OF the troops the battles of the Sh 9th of January
subject to the orders OF him, the Witness Commander
1 in-clief


Most aud nearly all Of the execution of details was con-
hded to General Kearny, second in command The wit
enumeratng OF the orders given some Of
The details executed by himself merely cite
IN which General Keay recognised and acknowledged his the
witnesS, command in chief the field battle AS well as in
the march,


lie could not attempt TO and specify the many
and important OF General kearny command
1he witness wholly and solely responsible for the success
OF the expedition but he takes great pleasure in saving
that he efficiently sustained the pallan and yooi
conduct of General Kear and all the officers men under
his command"