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quest have made and strengthen by all means possible


The Executive Office Of California, which, understand
supreme civil and military command the Territory
actually assigned as early September last and my
entering the duties Of the same was postponed only in
the territory which il took some months que that done,
assumed the Office of Governor had been previously
arranged.


learn with surprise aud modification that Gen Kearny
in obedience what but regard obsolete
tons from the Secretary Of War; means question my right
and viewing my position and claim clear aud ndspuable
cannot without considering myself derect my trust and
unworthy the station of American officer YIELD permit
myse be interered with by other until directed do
the proper authorities home, predcated full and
ample dispatches that forwarded TO Washington early
August Of last year.


ssIpequire the cooperaon with to the important
object preserving peace and tranquility of California Of
every American citizen and soldier in the territory, and
expressly nhibt from all quarters all arguments and nma-
tons that may tend weaken my authority by inducing the
belief that my present position act of usupaon UNJUST
and will not be sanctioned by my Government.


ntimaons perhaps susceptible opostye proof have
reached you using talents and high charac-
member Of the American Congress, your intercourse
with the citizens OF this place and the troops under imme
date command raise doubts questioning altogether
the Legitimacy or validity of my tenure OF Office. -


q eel myself constrained therefore, obedience the
behests and high interests Of my Government well the
respect cherish for the position occupy inquire of you
anness whether the alluded have foun-
daon in fact truth.


Chershing confident belief that you must reflection,
with in thinking that this any cal
cuated TO weaken embaass must be inexpeden and
improper trust frank negative answer from you win dlss,-
pate my doubts and admonish that the inquiry have made
was altogether unnecessary.


"Wh considerations Of high respect, your obedent
servant j. G. FREMONT,


g stGovernor of California"


Question Did you consider this letter designed by Gov
Fremont to persuade and ncite you to aid and abe him
Gov in his resistance and mutny against his superior
officer, Brig Gen. Keany and prevent you from supporting
Gen. Kearny's lawful authority !"


Ans,cer. did not consider it.


Question. What the state of the country when you
received this letter from Gov Fremont point Of quiet and
or otherwise


Aras,ccr The country quiet and peaceabe.


Question. Did Major Cooke ever admit you that he
the author of article in the Missouri Republican signed
g Justice J"


The Judge Advocate said this question seemed him liable
TO the objection like question heretofore put to Ma
jor Cooke which the Court rejected.


The Court being about be cleared the defence said they
would press the question. They willing consider
it as ruled out.


member doubling whether the question could remain
the record its not being gven the Court was cleared
When the doors again opened the following decision
announced


The Court decided that party cannot with due respect
the decisions of the Court repeat what the Court has before
decided to be inadmissble."


Lieut. Col. Fremont presented paper stating


Ta the Court had gone into closed session, he had
learned from the witness that MAJOR Cooke had not informed
him that he Cookie the author of the article referred to-
signed Justice" Lieut. Col Fremont made this statement
because he did not wish false inference TO arise from his
questions and, his justification for offering the question, he
states that il founded information from Others and not
from Mr. Hail."


Question. What position, civil military, did you occupy
in California


Ats,cer private in the ls regiment company @,
of Missouri mounted volunteers.


Question, (by the Court) hat did consider TO be the
pupor and object of the of Lieut. Col Fremont you
particularly of the words 6 cannot without considering my
self deelct to my trust and unworthy the station oi an
American officer YIELD permit myself to be nteeTed
with by any other until directed do by the proper
thoies at home pedicated full and ample dispatches
that forwarded to Washington early August of last
year. require the co-operaon with view TO the mpor-
object Of preserving the peace and tranquility OF Cali
forna of every American citizen and soldier in the terrific
ry " Whom did you consider meanthy the words "any
ohe' and you included in the required co-opera-
ton ~


Anscer considered the object of the letter be that
which stated by Lieut. Col Fremont in the letter and that
he in that letter that he would not permit any
to interfere with him. have idea as 10 whom he
meant by the expression ''any other supposed was
merely general expression do not know that he alluded
to any in particular As the expression 8 require
the cooperation of every American citizen and soldier in the
territory, never paid any particular attention to ii did
place any particular construction upon at the time


Mr. Hall here discharged from further attendance as
witness


WILLrAM BnooN witness called the part Of the de-
fence, duly sworn


Lieut. Col Fremont here put in paper stating that he
considered Com. Stockons testimony full all the points
establish which this witness had been called that he had
question put to him. but turned him to the prosecution
for cross examination.


The Judge Advocate said he had question to propound
the witness and Mr. Broom iheeupon discharged


Lieut. Col. Fremont here read the following paper:


" Mr.. President In examining the charges and spechca
tons Lieut. Col Fremont perceiyes which do not ap-
to him TO be presented crimes Themselves, TO be
prosecuted but only evidences of another crime 10 wit
the assumption of the title and power Of Governor OF Calior
MIA. II this should be the case land Of this Lieut. COL r.
does not undertake to Judge he suggests that may shorten
the abors OF the defence the Judge Advocate should sae
aud should give memorandum be entered on the record
OF the specifications SO intended.


" In making this request Lieut. Col Fremont takes leave
that is not his desire escape either present or future
trial for amy thing contained in the specifications and there
fore hereby offers to make matter of record this his DEcARA
TIoS that in the event that the Judge Advocate should be
mitted, directed to give the memorandum which this APP
picaon supposes be with the facts OF the case
he the said Lieut.. Col. will plead bar, either
aHetos contct auefois acqR las the might be,
under the issue of this trial prosecution upon
charged the specifications which may be spec
fed and excepted in the memorandum, if given.


"J. G. FREMONT,


" Lieut. Colonel Mounted Rifles"


AM F. v. GnAY Lieutenant of the Navy witness
moned on the part OF the defence next called an hav
ing been duly sworn, testified as follows:


Question. Please state your position under Commodore
Stockton while San Diego.


Aas,er was his aid, and Of the lieuenans board
he Congress.


Question Did YOU hear Commodore Stockton offer to 60
Gen Kearnys aid and did you hear Gen. Keany offer
20 as Com Siocklons aid


Answer. did


Question Did you hear the address Of Commodore Stosk-
ton to the officers the time the command Of Lieut. Rowan
was given 10 Gen Kearny and If So state what occurred


Ans,cer. | was present the OCCASION referred to-
heard Com Stockton confer the command of the forces
Gen Kearny rcssrving himself the office of commander
n-chieE Com Stockton assembled several Of the officers