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ssMr President Lieut. Col Fremont desires say that
the documentary evidence offered by him yesterday offer
ed as a o and such he is advised by his counsel that II
is material TO his defence that be received and therefore,
if any part of said documentary evidence should to be
Objectionable he asks be heard IN support OF It's relevancy
and materiality before il is excluded.
The Court was then cleared remained with closed
until three o'clock, when il adjourned.


MONDAY, DECEMBER 6-TwESTr-sIxru DAY.


The Court met pursuant TO adiournment all
the members present
The Court went again into closed session the
consideration of the documents laid before il by the defence
on Friday.


After mature deiberaton the Court decided that the
ports which are submitted TO it from commanders the coast
Of California the Navy Department. and the correspondence
among officers and other persons in the Pacific not eyi
prove their contents and cannot be received SUCH
the that they not delivered on oa that they
are not delivered before the Court by witness placed sub
iect TO examination that they contain many
which have no relation this trial. and which tbis Court
not entertain that they contain many other statements which,
though they may have been derived from the best information
in possession the writer's do not appear TO have been
of their own knowledge As regards Commodore Stocktons
reports the Court further remarks that he is witness in at
tendance the Court and give testimony IN the usual
and legal mode.


these reports of naval commanders the Navy De-
partnent offered prove, the facts stated in hem but
the powers authority which these commanders asserted



nc recognition and approval of the Government IN order to
set them up against the express orders OF the Government to
General Kearny and then this Court cannot doubt that
such recognition and approval operate estropecvey
annu previous orders at and Tor the time when sush
previous orders actually i'll force.


And the Court of opinion further that where nstruc-
ions from the Executive Departments of the Government are
produced show the authority under which commanders
have acted necessary to show also hat ey We're eceV
ed and 10 have been in force.


The Court deems it necessary to bring back the evidence
to the ISSUE


The Court has maurely examined the many papers subo
med it, and directed the following TO be admitted on It's
record.


81. Colonel Fremonts appointment of Major from Com
modore Stockton.


80. Colonel Fremonts commission OF Governor from
Commodore Stockton.


'sThe Court does find among the papers any others
which appear proper go lis record evidence now
produced has cassed these papers, according TO It's pre-
sent judgment OF them, under four heads


81. Such in form OF evidence, but are not ee-
want TO this trial.


2. Such evidence, and besides contain nothing
relevant to this


49, Such as may be useful evidence if proved.


CA Such already the record and therefore need
not be repeated on II.


the Court directs all these be returned the de-
fence and that the Judge Advocate signify to Lieut. Colonel
Fremont the view which the Court has taken of them at
the inform him that the Court will receive argu
ment from him to show the admssbly in evidence OF
of these papers which he wish again to present TO IT. In
such case however, the papers will be presented sngy
only such papers connexon be necessary TO cons
ute single piece of evidence and the Court will decide
each is introduced but the Court remains Of opinion
that complete copies Of documents must be offered, and not
extracts only. After examination the extracts indicated may
be ake found correctly 10 represent the sense and effect Of
| the original.


"The foregoing general opinions of the Court in regard to
documents as evidence matuey considered, but the
Court will receive agumrn, from the defence the adms
bility Of all evidence before finally deciding on it..


Com Robert F. Stockton was then called n witness on
the part Of the defence He then addressed the Court
follows


NAV it please the Court before proceed to give my tes
mony desire that having been subpGnaed attend
as witness before this Court and supposng that my te
mony will be required TO facts which spread
considerable portion time, and followed each other in rapid
succession and desiring, the hand nothing
that pertinent to the matter at issue before the Court
and the other hand TO omit nothing that might be mpor
tant to that ISSUE thought best for my satisfaction,
to write out all that deemed necessary. This manuscript
have in my hand and ask leave Of the Court to read
this my testimony.


The accused here stated that he consented to the testimony
Of the witness being received in that form, subject of course,
to such questions the defence mag think necessary
The Court cleared.


After considerable time spent in secret session. the doors
opened and the Judge Advocate stated that after
mature deberaon the Court had decided that according
the established usage of martial the witness be required
TO deliver his testimony in the usual manner.


Com Stockton then proceeded May il please the Court,
situated am, standing here in responsible and en-
barrasng and anomalous position, where hardly possible
for testify unless am testying my case
Sort and may, without design from any quarter, be
called upon impcate myself receive the notice
of the Court Of their refusal grant my request without
serving myself the right lay before the Court written


do wish to put the word protest lhere-a written state
Of my views in regard 10 the and with this
servaion | am ready 10 testify.


would further suggest that very little acquainted
with military courts martial, and if should unntentonaly
be guilty Of any offence, hope it will be excused.


Will the Court have any objection my looking OCCASION
ally my for the purpose refreshing my memo
~, without the papers being admitted Of record


The Judge Advocate replied that this there could be
objection He then said to the witness You know the sub
jec matter at issue before the Court you will proceed
and give such narration Of facts may appear you TO be
relevant and necessary.


member here inquired whether the charges and specca


tons ought not TO be read the How else could he
know the matter at issue concerning which he 10 testify


The Judge Advocate deemng this necessary, the Court
cleared


When it again opened, the Judge Advocate stated that
the Court had decided that the charges and specifications
against the accused need be read to the witness


And the Court ordered further that the witness be informed


"That, in the Of his testimony, his legal right
refrain from saying any thing that will mpicae himself
the witness be required testify upon any
relevant the charges and specifications and while is the
duty OF the Court protect witnesses from the requirement
to testify upon not connected with the charges
which might go mpicate them, yet witness claim
no right any mode Of delivering his testimony
in accordance with the order of the Court.


sIn proceeding with the testimony the Court docs
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