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given Gen. kearny. Com. sloekioa called together lhs
s officers and tod tom that ten. ksamy had kindly con.
scented TO take command u Tho expedition ihsn about march
ing against Los Angses that Ne would oey aud EssFse'
him such bat said, " - myssf the IEhi II
mandel in-che I" will accompany The skredoh
mander-in-ehef" think has words On fhs march
frequently received odcrs from Gsn kearny and also ifem
Con- Stockton.


Question: DO YOU know whether Gen. Kearny solicited
place from Com. stockton Ia the sxpcdon y s Angces
Aasicy. called on Gen. keany IN company with Con.
Stockton aud number Of other officers cf the pusp@s a
paying respects hm The Commodore emaed IN te
Of that be had gallant body u whh
he would be peascdto have The General command be knew
about land lighting Than the Commodofed that hs would
accompany Gen. kearny As his aid Gen ksarny declined,
and said that he would 20 the aid OF the commodore 10
the best of my recollection that the conversation which
took place. On the morningo the 2S1, Gen ksarny
from his quarters when the troops Tie s, aDd
as understood, he volunteered 70 90.


Question. Did you hear him


Alsioer. No | saw him come out, and afterwards
called, together with the other officers. by tho Commodore


Question. Do you remember whether the words oi Com
Stockton about reseing 10 himself the command in chief
delivered in a low or in an emphatic tone


Aris,oer. In emphatic tone.


Question. Was that long time a short time before the
march began


Alsoer. In short time not than half hour
the best of my recollection.


Question. Was it before after his offer aid


Anscer. After some days after.


Question DO YOU know whether the approach the Nor
excited any discomfort disturbance in California


AsUer. caused great alarm among the Calfornans Al
least did in my district commanded the southern dis
trict by command Of Com. Stockton.


Lieut.. Col Fremont here stated that. Lieut. Minor had
been asked for witness when the arrival Of Com stockton
uncertain. The full examination Of Com Stockton had
since then rendered unnecessary for the defence examine
Lieut.. Minor any further.


Question by the Court You say the Californians
greatly alarmed the approach of the Momons What was
it they apprehended from the Mormons, and why


AnsUer report had preceded them to California that
and
easily alarmed at any report In this alude TO the whole
tribe of Mormons, not to COL Cookies command. family
who seeded from that religion threw themselves my pro-
lection, and assigned them quarters San Diego When
they heard of the approach Of the Mormon battalion they
wished me place them in greater security board ship
which declined doing.


Col RUSSELL was here called witness for the defence
and duly


Question Were you officer in the California battalion at
the of the capulaion Of Couenga and OF what rank


Ans,oer was my rank will appear by my commission
major of ordnance.


Question. Were you Los Angeles from the plains
Of Couenga by 1t. COL Fremont if SO, what time, and
for what purpose


Ans,cer. was sent by Lieut. COL Fremont from the plains
of Couenga about the 18th Of January, s47 for the purpose
of asceaining who in chief command, and make
port of the captuation made that day to whomsoever
might find in the chief command at Los Angeles.
Question. Will you state how you executed that mission


Ansluer went to the quarters Of General Kcarny FIRST
and inquired of him whether his arrival in the country had
superseded Com Stockton who before had been recognised
as chief commander From Gen. Kearny | learned that
Com. Stockton still in chief command and by him was
directed to make my report to the Commodore.
Question: Will you state what passed. if any thing did,
between yourself and Gen. Keany relation to the governor
ship Of Col. Fremont


Answer had but a short interview with Gen. Kearny on
my first arrival at Los Angeles before, by his direction,
to make my report to Com. Stockton After discussion
with Com Stockton about the treaty, of perhaps hour
returned to Gen. Keay quarters, Gin pursuance of nv
ta,ion given vixen first there and discussed very





New Mexico &C. In that conversation he expressed great
pleasure Col Femons being in the country spoke Of his
eminent qualifications for the Office of Governor from his
knowledge OF the Spanish language of the of the
people, &C. and of his (Gen. Kearnys) intention have
appointed him Governor the instructions he brought from
the Secretary Of War had been recognised in California


Question Please to state all that passed on the subject Of
the governohp and give the particulars OF the
nearly you possibly recoec and repeat them with
the circumstances of time and place.


Ascer 1t the subject OF very much conversation pro-
racted late hour of the night He told of his civil
appointments in New Mexico, and of his determination
have appointed COL Fremont be Governor In that con-
he told that Com Stockton unriendy both
COL Fremont and himsefi cautioned to be particularly
guarded IN my conversations discussions with Com. Stock
in reference to the treaty of Couenga and all other
connected with California expressing great pleasure
Col Fremonts being there and, understood him, his
intending confer upon him the office of Governor do
quite comprehend the balance of the questonwhat de-
tails meant should prefer that the question should be
put to me in shorter intenogatores.


Question Did Gen. kearny say any thing about his own
return to the United States If SO, what !


AIistce He did. He said that soon he could organ
ize civil government il his intention to the
United States and, finding suitable person Col Fre-
in the country take the place of Governor bis design
of returning home need not be long postponed do pre-
tend to quote his exact wordss


Question. Did Gen. Kearny give his opinion Of the
captulaton Of Couenga If So how far did il coincide
otherwise, with the opinions Of Com Stockton
AnSlUer Gen. kearny concided with the capulation.
remember it the distinctly because previously
cond interview with Com Stockton evening of my arrival
at Los Angeles the 18th January, he furnished with
arguments in support Of the capitulaon, and, Think
quested Capt Turner to accompany Com Stocktons
quarters and hear be present any further discussion be-
tween the Commodore and myself; and Capt Turner,
think, did go with In this second interview with Com.
Stockton the objections at first urged by him the capula-
ton seemed to have been removed and he Com Stockholm
then repeated his determination appoint Col Fremont Co.
vernon Immediately his arrival at Los Angeles will
her that my first interview with Com Stockton (when
also, think, Capt Turner presently he urged objections
to the capitulaon.


Question. Did he (Gen Keany) exhibit his opinions in
with those of Conn., Stockton; the one nmica
the other friendly to the capituaton


Ans,cer He did, unquestonaby, between my first and
second interviews with Com Stockton speak of the Commo
dore very nimica and himself as friendly to it and
before stated furnished me with arguments TO combat the
/ Commodorc's objections.


Question Did you sleep Gen Kearnys quarters the
night Of the 18th January so, by whose invitation
AusCer. did, and by invitation OF Gen. Kearny.


Question Please state whether you slept with Gen.
Kearny and, II the conversation kept up after your