Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1829-06-02

TINS idea probably arises. ~
BE 1t enacted that from and after the publica-
tion hereof, no Attorney General or Clerk of the
Peace, or OF Indictments, shall exhibit any bills
or bill OF indictment to any Grand jury against a
ny person whatsoever. withoutan express order
from the Court where the prosecution is 10 be, or
some one Of the justices OF such Court, or unless
the offender be bound over to such Court, or that
the Grand Jury find or make presentment OF the
offence Of their own knowledge upon penalty of
paying the party aggrieved, all the damages and
charges that shall be occasioned by such prosecu-
ton" Of Maryland, 1722 Oh. 8 October.
MIR. JONES. The District Attorney is by this law
limited to two modes OF proceeding-the grand
jury had the right of presenting. or the U. s. of
preterring the indictment, and the Counsel having
| made his election 10 he governed by the act Of
that jury, Is just as much bound by il, If in-
dictment had been sent out. Ii is Of vital conse-
quence 70 the liberty of this country, that the
judicial inquest shall not present cases not GRIM
inal by tho laws of the land. Do not convert the
grand jury OF your country into moral inquisiton
to harrow up the feelings and disturb the reputa-
ton of their fellow men. 1t must be confined TO
the legitimate objects of criminal prosecution, or
they become icentous instruments for the de-
tanaon OF their fellow citizens. Throw into
their power the investigation of mems lives
through all the moral code, and thus shut up i'm
conclave, they may defame without the chance of
! remedy, and without even the evidence of legal
pretence. Doctor W atkins stands before the pub.
lie as state prsoner-it is state crime, charged
| and prosecuted as such, and high officer of the
government, who is the author of the affidavit, is
the prosecutor of the charge. The District Attor-
ney has made his election to the made Of accu-
sauon. l agree, II the resentment is defective, il
| may be renewed in the form Of a new or another
presentment hut there has been sufficient time to
ascertain what was to be done, for the prosecution
may be fairly considered, as commencing with the
affidavit and the u. States should have been pre-
pared with die testimony. 1t appears this prose-
c1tion was commenced er o6fcio. under the eye
OF government, as early as the 10th of April last
| two weeks have the grand Jury been in session;
and now adjourned to distant day, without any
other accuse ton before them in this case but this
presentment: understand there is no other charge
before them, and wish to know whether any
ether cen be elaborated against this man by grad
uating from day to day, getting the grand jury TO
pass upon so much now, and so on ad hbitun, I'M
I'll suits the prosecutor to be satisfied this
presentment is, understand, amended. If there
are other crimes to he laid against him, in the
| form OF some other presentment or indictment,
why are they not prepared! Why is the defend
ant confined in Jail, and these things kept sub rosa
concealed! The spirit of the Constitution that
presumes innocence till guilt is proved, goes the
idea that man shall not be held confined with
suspicious and rumours OF crimes, without even a
definite name or charge, but that he shall be
brought forward to the open day. Iftherc be any
other matter against him. then there is apology
LOT Keeping him and the public in suspense, wait
ing adjournment after adjournment, merely TO see
and hear ii there be many more. The presentment
az now before the Court seems to contain all that
is necessary to carry prosecution before Court;
1t is not the mere words OF forms that constitute
Indictment; not the "contrd pdce1n," but the de-
claraon in plain and Ineligible terms of crime,
punishable by the laws of the land but to give this
paper the advantage of the most solemn form,s
put it in the very words Of the most accurate in
dictment, does il contain any general or special
matter OF legal offence:
Mr.. SWAMI. consider this motion to quash,
| and surely these desultory remarks
| Mr.. JONES. (dside) desultory.i
MIR. SwANN-can have no bearing upon the
law; letus FIRST settle that; the gentlemen is go.
ing into the merits, can he go into the merits al
this stage? / must say have never, in the course
OF my life. heard Of motion to qudsh a present.
,nent. If there is any desire to try this cause tru
iy, lay rule; the grand jury meets on Monday
and the indictment is ready.
Mr.. JONES. 1t is immaterial whether the gem
uemen sends out an Indictment not that will
not make the prosecution stronger; all that con.
ttend is, that there is nothing now pending of j
criminal character and for that reason the present.
ment should be quashea.
! Judge THRUsroN. We could not. II cannot
be expected that we should decide the case until
the gentlemen the other side are heard, and
that cannot readily be done to-day.
Mr.. COKE. Then hope the court will consi
der IL motion, not merely TO quash the present
ment, but the inherent cause of prosecution
MIR: KEY. hope the counsel on the other sid,
usual course OF a fair and candid trial. prefe
that the gentlemen should weigh this.
Mr.. COKE. Another course would have beer
taken but for the discussions in the papers tending
TO excite the feelings and prejudices against tn,
subject OF this presentment. ! invoked the aid o
the District Attorney to suppress them, but viii
no avail.
Mr.. KEY. Other people may have reasons VIII
this trial should not go in the ordinary way, an
when this lion OF discussions TO excite preju
he tu cd tho ,x,.li g.
more to condemn in those who are attempting I
stitie public inquiry. Our business is to DO th
cool deliberate duty OF justice, unbiased by thos
feelings which exist out OF doors, no matter b
whom, or how produced. The grand jury re
quested to be adjourned until Monday. An in
dictment, therefore, since the preseDtment coul
not have been set up, there has NOT bsen even tn
interval OF a moment TO prefer this Indictment Be
sides which, when this presentment was found
there were other charges and evidence before tn
jury, upon which they could not finally act. unit
the testimony OF the absent witness, Mr.. Harri:
should be heard.
of May. '''' ''
On Monday the motion was not renewed, ow
ing, perhaps, 10 the circumstance that the hou
for motions had elapsed before the counsel appear
ed, and on Tuesday the grand jury found anothe
, Presentment; in the following words:
District of Columbia, ! 80,
The Jurors oil the United States for the body q
the County of Washington, on their oaths and al
hrmations present that Tobias Watkins, in his ca
pacity of 4th Auditor Of the Treasury OF the Uni
ted States, ostensibly for the public service, bu
falsely and without authority did, on or about th
18th day Of August. 1927, procure from the Uni
, ted States Navy Department, directions to tn
United States Treasury Department, 10 place ii
the hands of Richard ID. Harris, Navy Agent a
Boston, the sum Of two thousand dollars. whic
sum Of two thousand dollars the said Tobias Wat
kins by letters Of advice, in his official capacity
aud by his drafts said Harris sold to Charles S
4 FOWLER did Iereixe for his nrrn nrirsic