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A,s,cer. TO the navy.


Question. Were those nine-pounders manned by soldiers
| OF the army or by marines and sailors


AS,cer BY sailors There may have been marines
with them. will add that the ne-pounders taken
from the enemy and put board ship and then employed
| for the use Of the naval force shore.


Question: In the conversation had with Lieut. Colonel
Fremont the evening of January (as you think did be
tell you he had had conversation with Gen. Keany TO
the order to him OF that days date and his appointment
Governor OF California If So what passed on the subject
AiasiOer l think not.


Question. You say, in your testimony, "Gen. Keamy
came to me and inquired who command the troops


Did the word troops in your reply include the Dragons
Was Lieut.. Rowan to command the dragons


nsIoer The dragoons supposed, had been transfer
red to my command when Gen Keany agreed go my
aid de camp well q mountain howitze before


ed The general order issued by myself directing the
troops to be ready to march certain day The Dragons
were included in the order When the troops paaded
preparatory 10 the march, and when expected that Gen.
keany going my aid the Dragons occupied the post
which had been assigned them in my general order and
transferred the whole, they then Stood to the command OF
Gen. keany.


The Judge Advocate inquired whether the defence had any
| further questions to put to the witness
To which Lieut. Col. Fremont replied in the negative.


The Judge Advocate proposed, hereupon, that Commo-
dore Stockton be discharged from further attendance
witness.


The Court cleared. When it was again opened its
decision stated by the Judge Advocate be that
| assented to the discharge of the Witness


Whereupon Com. Stockton (wih much apparent sasac-
tion) withdrew.


Major ARCHIBALD H. GILLESPIE was called as witness
| by the defence, and duly sworn.


Question Did you ride out of the city of Los Angeles
meet Major Cooke, in March last and did you inform him
that Lieut. Col Fremont gone Monterey and would be
back in few days If so all passed that oc-
| casion.


AScer. did ride out, on Major Cookies entry into Cudad
de los Angeles in March last the purpose of paying nv
respects him. and rendering him any he might
require. COL Cooke took to be Lieut. Col Fremont
told him was Major Gillespie, relieved from duty in the Cali
fonla battalion that Lieut. COL Fremont had gone Mon
teey to be absent for few days. and that believed he had
gone Gen. Kearny relation his late ORDERS hav-
ing reference to the order of the st March We continued
riding into the city, and halted the Government House,
which had been occupied quarters by and also by Gen.
Kearny There two Of the still occupied by of
cers OF the bataon who had received orders them
From the street with Col Cooke to one Of the rooms
thnkit was Mr. Lockers, the Adulant After making in
quiry whether the still occupied COL Cooke
CURED whether the house, which occupied by Lieut. Col
Fremont and where the flag still flying had been rented
public private account informed him that under
stood had been rented by Lieut. Col Fremont on private
account


1.-THE Judge Advocate here wished the Court to be cleared
as he did not see the relevancy of the the question


After desultoy conversation among the members the
Court was accordingly cleared.
When the doors again opened the Judge Advocate
stated that the Court did the relevancy of the ques
tion but would permit the of the witness be
continued.


Major Gillespie resumed But that by inouiring of Major
Reading, he would be able ascertain the fact and that
would show him round Major Readings quarters. COL
Cooke thanked me. He then ordered Lieut. Davidson
company at the same time saying Mr.. Davidson that
if he found the quarters rented public account and Col
Russell still occupied room in hem order him quit
them Immediately. then rode with Mr. Davidson TO Major
Readings quarters, leaving Col. Cooke.


Question: Are you certain of the words used by Colonel
Cooke that OCCASION viz. " to order him quit them
medately'


AnS,cer Yes, very certain.


Question Do you know if these the quarters of Col
wa in
them


Anscer. The quarters Col. Fremont's, as Tar as
knew. always understood they his private quarters


was under that impression, and that the furniture
his


Question Did you comprehend who were to take possession
OF the quarters the turning out OF Col Russell Was it
the Mormons others under the command of Col Cooke
himself, that were to occupy them


AsCer. supposed of his command were to occupy
them, but who did not know


Question. Were you officer Of the California battalion
at Los Angeles when the order given reorganze the
California battalion If so what the nature of the re-
organization ordered by Com Stockton and forbidden by Gen.
Kearny


Ans,cer. officer of the battalion never knew
Of order reoganize the battalion and the only change
which did place in it Com Sockons appointing
be major of the battalion the time of COL Femons
ing his commission Governor Of the Territory.


Question AT what time did you first know learn that
you appointed major and what contingency
was your promotion dependant


Ansacer. knew of il the 9Th 18th January, ls47





received my commission. The commission is dated on the
lsth received the GOTH of any par
tcuar event on which it dependant, unless be the
cepton of the commission OF Col Fremont Governor.


Question Did you believe, the time Of the rumored np-
proach OF Gen. Bustamene that the Of the country
unsafe for travelling between Los Angeles and Monterey Are
you of circumstance connexion with the OF
travelling which delayed COL Fremonts arrival Monterey
after the arrival OF Col Mason Cudad de los Angeles


Ansc The state Of the country unsafe for travelling
not only from the Caornans, who supposed be in
upon the road but also from the Indians who had be-
very bold and had wounded the
Pueblo. do not recolect any particular circumstance
less it Col Fremonts being very busy in making
fers and settling his public accounts.


Question. Did you at any time communicate TO Gen. Kear
your rank and position in the California battalion II SO,
when and where that communication made


AnstUer did communicate Gen. Kearny my position
the batalon the 9th December 1916, about o'clock
the day, in the mountains about half way between Santa
Maria and Santa Isabel. When met him the head
Of detachment of volunteers and Sailors having been
deed by Com Stockton TO proceed Warmers pass
municate with Gen. Kearny.


Question What force did you carry meet General
Keay and what proportion the action of Pascua,
did the force which you carried bear to the whole Amer
force engaged in that action


AnS,cer That force consisted twenty six of Capt
Gibsons company, ,4eat Bea Midshipman Duncan ten
cabneers from the Congress- and abrass FOUNDER field
piece. During the action Of San Pacua the twenty
Of Capt Gibsons company and Lieut. Bea and myself
all that engaged the action, Mdshpman Dun
the ten carbnee and the field piece having been order