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And upon this reading and without ing further au
horues upon the point Lieut. COL Fremont submits that
ar rom losing his privilege TO contradict and dscred
Gen Keay the particulars referred TO- he has done pre-
csey what law and honor require enable him
what The Court would be now bound do if he had not hm


Lieut. Col. Fremont without going beyond the evidence
already delivered takes leave the
been brought across the continent from the Pacific
the Atlantic virtual prisoner be tried for offences
which he had no warning notice. and charged 70 have been
committed three thousand miles that this was done
by his commanding General combining his own person the
threefold character OF aceuse prosecutor aud witness and
by his authority and influence bringing his along
with him. and not only leaving behind but procuring be
kept away, witnesses to Lieut. Col Fremont that
while the arrest and consequent trial s8e upon him,
the particular testimony of Gen. Keany in relation the
governorshp sudden and total SURPRISE which Lieut.
Col Fremont had intimaton suspicion which
he instantly felt be of the deepest his honorthe
infamous motive attributed him being in his estimation
more dishonorable the itself with which he ca
ed, great that crime is, and standing doe in the mill
tary CODE at the head ofall military crimes.


The proof in contradiction of that imputed iutamoss mo-
tive seemed be difficult, and for Gen earny
had the absence of all at the time of is al
legged conversation land in this he was and thus be-
of alleged conversation between persons
OF whom has the privilege OF swearing against the other
and in which this other against seemed to be with
help, except from God Nothing but circumstances and
conversations occurring other times and other places could
protect him from the fatal effect Of the runous testimony then
there circumstances to inyadae that testimony he
knew that there declarations made by Gen. hearny him
self which would nvaldate he knew that whis many in
validating circumstances would be proved oters the more
important fact of Gen Kearnys own declarations could be
a gentleman
iCo WIN. H. Russe then occupying and fulfilling
duty that OF bringing the catuaton of Couenga in the
ers, to the Commander-n-chef Los Angeles part of
these declarations have been already proved by Col Russell
Kearny whole being voluntary part that Gene
ra and upon his seeking and with the evident design
have them repeated to Lieut. Col Fremont and to induce
him join Gen. Kearny against Governor Stockton, his law
ful commander part OF these declarations, and
senal part has already been delivered and Lieut. Col FREE
insists under the advice of COUNSEL that he has
right pursue the inquiry into these conversations and espe
cay into the 6edscee of the night of the 18th OF January
last and contradict and dscred Gen. Kearny f he can)
" any point which he inerrogaed and answered
negatively his
satons Of the day and night of the 18th of January


Lien. COL Mounted Riaenes.


The Court theeupon cleared.


When the doors opened, the following decision
read


Lieut.. Col Fremont ofers by the testimony of Mr. Rus
SELL to contradict the negative made BY Gen. keany
his concerning the and
tons which he Gen Kearny engaged Angeles
from the 18th TO the 18th OF January.


In deciding the admssbily of such testimony, the
Court deems proper refer the previous of this
trial in regard to the evidence.


the opening of the trial the defence was notified by the
Judge Advocate that the prosecution would adhere to the
charges and could accompany the defence into any inqu
y whatever out of the charges The defence however, at
later urged that court martial ought be restrict
ed the rigid rules OF criminal trial the Old Bailey OF
civil suit at ns prius; and the Court being unwilling
cue testimony from which the defence might expect
derive benefit has relaxed the rules OF evidence and adj
med testimony which did appear material even ree-





the OF violating those leading principles the law OF
evidence which essential the administration OF justice
and the entertainment of rutone OF which leading prnci
plies orbds the trial of collateral issues and this
y technical but essential truth and justice for is
sea that the Court should lose sight the ISSUE
and into the trial OF other issues and is essential that
party shall have the privilege Of selecting ground
covered by the cause which try the credit Of the Wit
of the other party and thence try the


In of this essential rule of evidence, the Court no
fled the accused when il admitted unusual latitude in the
of Gen Kearny that the defence could
by such prepare collateral issues for this
Court to try


The Court perceive that il has any bearing this
trial whether Mr. Russell slept with Gen. kearny whether
Gen. Keary gave him spirits 70 drink whether Gen keany
warned him Of Lieut. Emory's hostility TO Lieut. Col Free
which the defence offer to prove by Mr. Russe and
which Kearny has denied Nor further while the Court
will admit in evidence any conversations of Gen Kearny
any his which go his testimony regard
what passed between himself and Lieut. Col Fremont
the subject OF e goyernorshp perceive that his
yersaons with Lieut. Col Fremonts friends the 18th of
January respecting his opinions the eaptuaton Of Couen
ga respecting the opinion Of Com Stockton that subject
his encomums them to Lieut. Col Fremont, previous
to the 7h of January meet point before this Court land
this is the Of investigation referred by the Court
when decided that the inquiry, distinguished from, while
embracing this question, is mtnaerial and irrelevant.


In regard to this particular son the Court is of opn-
ion b a NOT necessry ~ sit for the ~ sngoes,
ed by Lieut. Col Fremont before the Court could judge of
the relevancy OF the testimony offered The question su-
cienty explained ITSELF and the nature OF the evidence
to elicit.


"The Court adheres its decision Of Saturday."


The examination of Col Russell resumed


Question Did you Lieut.. Col Fremont the next
day And if so, what did you state to him-wha passed
in your interview with Gen Keany exclusive of what pass
ed the night Of the 18th of January.


Ansce procured horse (mine having been exhausted)
from Spanish gentleman considering matter ogreatimpor
tance 10 Col Fremont that should communicate him the
result Of my report and observations in Los Angeles previous
to his arrival. rode and him the head of the
battalion some five six miles from Los Angeles. He in
formed me that both Gen. Kearny and Com Stockton
anxious confer upon him the office Of Governor and his
only difficulty then would be in the choice between them
informed him that Gen. X. had admitted that he
there and bad been acting under the orders Com Stockton
This much ofthe conversatons probabyoccuued Gen.
Kearnys table, and have doubt exclusive of the bed





Question Did you tell Lieut. Col, Fremont e whom you
made your report of the capitulation of Couenga


ARstCer. told Lieut. Col Fremont that had first called
Gen. kearny on the evening Of the 2h and learned Om
him (Cien that Com. Stockton in chief command,
and that had accordingly by the direction Of Gen. Kearny,
made my report to Com Stockton and that he (Com. 3
finally concluded 10 ratify the capulation


Question Dl you Los Angeles with Col. Fremont
and Ii so do yo know whether Com. Stockton assigned him
his quarters


/ Aasuey entered Los Angeles with Lieut., Col Fremont
on the morning the ih, and conducted him quarters
assigned q him ~ Com stockton through me.


O4ctgn. Were you appointed Secretary OF State in Cali
,ora Ii - IN whom and when the place first offer
"a you


ipstcsr | appointed Secretary Of State ia California
~ Com stockton the date Of my commission is the 10th Of
Ianuafy ls41. The place rendered to Inc by Com
stockton "a evening q the ih January tue day after