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the for rejecting the first question: that Lieut. Col FREE
Immediately, and in all ranknes ayowed his Intention
mOn generally in what related tho
tons Al los .ge, from the 18th TO the 18th Of January
last neluyey and particularly the conversation Of the night
OF the l5h which the rejected question points To give
clear view OF the testimony expected from the witness be-
fore the Court Col. Wm H. Russell il is here declared
the Court that lac expected contradict Kearny in
h2anEwers the Aton most Of the ques-
tons put 70 him the tenth day Of the trial. FRIDAY, No
Nember ~ counting from the second question put that day
10 e cnd Of the to the fourteenth the words ct
ggr'rrHincRt"


For The convenience Of the Court and sufficient illusra
Ton Of s intention ia the proposed inquiry into the
sAoh Of the night OF the 18th January, Lieut. Col Fremont
herewith submits the reported OF the crosexamina-
iheiigcneer he having copy OF the Journal subject OF
course 70 be corrected BY the minutes of the Court


The erossexamination Of Brig. General Kearny the
part OF the defence resumed.


. Question In your direct examination former day in
giving Of interview with Lieut. Col Fremont
your quarters YOU omitted TO state whether any other person
VAS present. Will you state how that


.iHseF There was no one present but Lieut. COL Fre-
moni aud ny self.


count Of that interview you stated that Lieut. Col Fremont
asked you whether would appoint him Governor Of Cali
irna Now had not volunteered the offer TO him OF that
appointment before, through Colonel RUSSELL with many
eomiums upon Lieut. Col. Fremont


9 .lanse had may have spoken Colonel RUS
sell highly Of Lieut.. Col Fremont


. Question Did Colonel Russell, by your invitations sup
with you the evening Of the 18th, being the day previous
the arrival ~ the California battalion at Los Angeles


".fssse- Captain Turner OF the dragons, and myself
messed together occupied at Angeles but one room
Colonel Russell supped with us and slept with Captain Tur-
the evening and night Of his arrival that place. He
supped with US by mutual invitation, very pro- ably by



Qu.son Did he lie in bed with you by your invitation
that night, the whole night or any part OF it


. ia1s7 ,s lie did not II lay with Captain Turner.
unusual to keep him awake and keepup conversation
with him


9 Question Did you IN the night, while you with Col
Russell in bed, say him, Rnsse you dr6Wy - and
,ereupon send spirits in order keep him
ia conversation


'.ia,r. have recollection of having done So
Qltestion Was the praise of Lieut. COL Fremont the
theme with you in your conversation that night


% iislper. think highly probable may have spoken
COL Russell that evening very highly of Lieut. Col Fre-


)eston Was the capitulaon of Couenga SUBJECT Of
conversation by you with COL Russell on that night


"-7nseer. think il was.


Qnesdon Did you applaud that capituIation


fnszse did not any thing against it. Understood
that il had been disapproyed OF by others.


Question Did you inform COL Russell that Com. Stock
ton was highly opposed TO that capituation


's7s1ge. had understood that Com Stockton oppos-
cd to IL and think told Colonel Russell
Emory enemy 10 Lieut. Col Fremont and warn him
a friend of Lieut.. Col. +. against that enmity


" .ins.ser. do not think did SO.


Question Did you not these words TO Colonel Russell
This Colonel Russell, is the hotbed Of Colonel Fremonfs
enemies ~


kind and never said to any


Question Did you to him any thing OF Lieut. Emorys
enmi'y to Lieut. Col Fremont Aud, 4 SO, what was It


fssrer. have recollection whatever of having said
Col Russell any thing relating TO the enmty OF Lieut.
Emory TO Lieut.. Col Fremont


Question Did you the 10th OF January in your
personal interview with Lieut. Col Fremont make 10 him
offer, Of your head, Of the goyernorship OF CALIFORNIA;
observing that you would return Missouri aud IN
four or six weeks would make him Governor


.4aSrrer did not. But in conversation with lieut. COL
Santa Fe had applied for permission return home and
that previous my doing so, would most probably organize


civil government in California He asked i'll would ap
point him the Governor, and when told him that At that
lime considered that the of the country required milf
aI government, but that possibly in month six weeks the
country might be sufficiently quieed to admit OF the establish
ment Of evil government"


From this view OF Gen. Kearnys cros-examnation the
tenth day the trial. the object of the question oerd and
those intended to be offered be and from this view
of the aud object of those intended questions he SUBJ
ms under the advice of COUNSEL that of them is SUBJ
the rule which protects the collateral gues
tons from contradiction la the first place not question OF
all those 10 Gen. heany ut the time referred coll
was nut with the design 70 dscredt him. On the
every deemed be relevant aud material and ree
by Gen. Keanys direct and narrative testimony
the rs day OF his examination and tar from wishing "a
dscred him by those questions and getting chance to con-
tradet him, he Lieut. Col Fremont fully expected airma-
instead Of negative in every instance and desired
such affirmative being beneficial to him. while the
negative we're injurious


10 comprehend the whole force this effect of the answers
Injurious negative beneficial il affirmative it is necessary
back othe direct examination Of Gen kearny the
first day Of his examination, and 10 that part Of which IS IN





ag0ud apboiHf him Governor told hin eIeced shortly 10
ratc California for Missouri that Ihad etf9nsyo 10 teatllg
Santa F asked permission 10 no aud ~ opes gfrece1u-


gH thar the cotrD should D. garted ISoad most
br0bg6 organize ciid government, and thai az thai time
kRegp u objection GbpontHg him te Gore7nor He


Then stated thai he spouh C0pmore Stocfon, ana
tcss he appointed him Governor ~ ssod not obey his
or and he W me-" This Is the swearing IN the direct tes-
tmony in the narrative FORM given OF his motion by Gen
Kcarny, and without any question % extract H. and which
clearly presents the alleged refusal Of Cen heany to appoint
him Lieut. Col. Fremont) Governor Of California at once
why he dsobcyeh him. and uther made his dis
obedience OF Governor Stockton dependant upon the same
thus acrbng base and sod motive for the crime Of
muny and dsobedenee ct ORDERS With Sich he now stands
charged before this Court.


The question now is 10 ami, TESTIMONY disprove the al
legation Of that base and sordd motive and the objection H
that testimony offered irrelevant snd imniatersl and
furthermore Is excluded BY the rules o evidence in relation
collateral testimony. Upon the hrs t~o poinstat OF
relevancy aud matcralieut Col Fremont takes leave 10
the Court that he needs counsel g INFORM him how
deeply he feels the maicria aud relevancy OF every thing
which goes overthrow the base aud ord part OF the seeu-
StOn against him hut conforming the acaice OF Judicial
proceedings he has 20 speak under s o. counsel
that point and declare D. The opinion OF his counsel
heretofore argued beginning u ths PAPER TO be both
relevant and material 20 his defence and tie highest degree
relevant and material prove every circumstances which
goes contradict and dscrcd General kearnys testimony
relation 90 thst impuaun Of base aud s1dd motives Tor
crime suhoicnty great IN ITSELF whou The upcradition o
an infamous motive.


With respect the objection founded Tic alleged coat-
era oi the questions IA, 10 Geo kaIr, - his erosscxan
nation, aud the which i proPosed 10 contra
Diet the purpose of dissrcdu him. Lieut. Col Fremont
is instructed 10y his counsel g repeat hat the objection u
founded ~ total ppreh si1n q the nature o eoate
raj question And, further w. y instructed 70 aay that c