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horses for the agoons After he had done So he to


Here he witness handed the Judge Advocate the follow
ing, which was read I; 80.


CoopoRE In compliance with your verbal instructions
81 xn and report upon condition OF the public horses
turned me for The use o. company lst dagoons


have the honor state that IN opnion not OF the
horses referred fiji for dragoon service, being poor
and weak or any such purpose also, that the company OF


dragons under my command do much better service
foot than il mounted on those horses.


81 am sir, with high respect your Gbedent seryant
Capt lst Dragons, eomdg company &.


ssCommodore X. +. STOCKTON,


u ). Navy, commanding, Sc.'


Byth you will perceive that the dragons placed
under my command. mountain howizer also, which was
brought by the General, was handed over TO me.


After this and while at San Diego the General, IN conver-
saon with me, introduced the subject of the overnorshp
and nmated that he thought he ought be Governor under
his instructions This Of course, amazed because had
than voluntarily offered place him at The head OF
affairs in California, which offer be had often refused We
argued the matter, howeverhe relying on his instructions
from the War Departments which replied in substance as
follows Your instructions say that should you conquer
the country, you will establish civil government but that
had already conquered the country that had established
civil government therein which government was IN success
fu operation that time throughout the territory, except at
Barbara and Cuad dc los Angeles where had been
interrupted temporarily BY the insurgents that all which the


Government had ordered 10 be done had been already accom-
pshed that nothing remained to be done that had in
formed the Government Of these things and had stated to the
Government that intended TO appoint Major Fremont Gov
Of the Territory and Captain Gillespie Secretary thereof


This conversation passed off, however, without all inter
rupng the kind feelings which had commenced with first
acquaintance


The hour of adjournment approaching, the further
mony OF the witness here suspended and its record,
thus far, having been read over TO him ..


The Court adjourned to to morrow at 10 o'clock.


THURSDAY, DEC. 9--TwESrr-SISTH DAY.


The Court met pursuant TO ad dIournment all the
members present. ~


Commodore Stockton witness called for the defence,
resumed his testimony follows


continued preparations for the march under the inn
preston that Gen Keany was going with me- my aid de
camp, Of his choice that he preferred that situation
ther than of greater responsibility confirmed in
this belief by a which received from Gen. Kearny in
to one written by him, boh of which believe
the record OF this Court in which he again
peats that he will accompany and ''gve the aid of
his heal and of his hand 1t seems however, that
either mistaken views, that Gen. kearny suddenly
altered his mind BECAUSE the morning of the day
which left St Diego, and after the forces had been parad
ed preparatory the march, and was about mounting
horse, Gen. Keamy and inquired g who
the troops !" said him that Lieut. Rowan
lieutenant of the Cyane, would command them He gave
understand he would like command the troops
and after further conversation the subject agreed
appoint him to the command Immediately sent for 1t.
Rowan and assembled the officers that hand
and stated them that Gen. KearBy had volunteered take
command of the troops that had appointed him the
and of the troops but that retained my position
commander in chief.
beg leave here present the letter addressed me by
Lieut.. Rowan the subject, as he is present.


The Judge Advocate suggested that it necessary
Com Stockton said he preferred to have these little Incl
dents confirmed if it could be allowed.


member Of the Court objected the Introduction of the
paper whereupon the Court cleared and after
session. decided that the paper should not be read put
record. Ii IS as follows


"sAs, DrEGo, March :, 1917.
SIN In answer TO your of this morning. in which
you wish 10 state what said when appoint
ed commander of the troops, what you said when
you told that Gen. kearny wanted my situation
you said when you called the officers together Whether
considered Gen Keany be the first command
the sh and 9Th


In your first question: to state that when
reported my arrival to you IN San Diego with the force
der my from the United States ship Cyane YOU told
the command Of all tile naval forces or words
TO that effect While the adutant Capt Zesnd the Ma
Corps) forming the troops order march,
sent for and several other officers, aud told Gen
kearny twho was also present had kindly volunteered
take the command but that you reserved to Yourself the
rank OF commsnder-in-chief.


"What you said 10 when you told me Gen. Kearny
wanted my situation has this escaped my recol
lection.


ain your last inerrogaory have to state that
considered you the first in command the and 9th,
and Gen. keay second, and believe you consider
ed by every officer in the expedition.


have the honor 10 be, very respectfully your obedent
servant, J. c. ROWAN.
''To Com. II. +. SrocKToS, Pacific Squadron Sc."


uIecleu ald-de-camp and the commissary who
with To make of what said on the OCCASION The
impression made upon my mind that Gen Kearny had
for the time being laid aside his commission brgadicr
general and had volunteered under my command
and perform the duties which had been assigned Lieut.
Rowan commander Of the troops. hen the force
paraded, the dagoons amongst the troops that
about to march With these impressions and views and
derng that and alone, responsible for the result
the expedition, commenced march for the city of the
Angels during which march, performed all the duties
which supposed devoVed the commaBder-n-che of The
ioees ana, as supposed with the hearty acquescence of
Gen. Kearny.


Gen hearny had repeatedly said he would aid me felt
grateful 10 Gen hearny and the officers with him and endea
rored TO manifest IN all that did 10 relation 10 him en-
heaVoed to treat ln with the greatest possible
and respect did not indeed, proclaim through the camn
that commanded Gen. keamy did not send nv aid Ja
camp Gen kealry TO say to him that ordered him
do tns and 81 ordered him 70 DO dat !" b sen an y
messages to him IN hf mos; respectful ard consiIeate man
Besides being prompted 10 this by my own feel
ing Of respect for en. Keamy, did think at all ne
cesary send him any thing than the expression
my wishes.


few days after commenced tie march. went in ad-
When the troops arrived San Bernardo made NV
headquarters mile and half miles in advance of the
camp and sent Gen. kearny send The marines and
piece OF artillery which Immediately done. ! was n
The habit Of sending my aidde-camp TO Gen Keany
form hum what time wished in the morning and
always decided on the should take and when and
where we should encamp, When approaching a
rancho oi Senor Juan Ava in advance some distance
10 look out the ground Whilst