Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1829-07-24

Case IF DR.. Ettia;ns---Igle National Intelligent
Ger of Monday gives the following history of what
passed in Court in refer9nce the verdict Of the
Jury against DR.. Watkins.
CIRCUIT COURT OF THE UNITED STATES
SATURDAY. July 10.
Case Of r. Wathtns-Thc argument in this case
was closed this morning by Mr.. Key for the Unit ed
States in speech of about two hours length The
case then, at hall past eleven O'Clock, commit ed
to the Jury, and they retired. la about two hours
the Jury came into Court, and the Foreman read the
following their verdict: The Jurors i'll the case
''of the u. States against Tobias Watkins find him
equity OF OBJ aiming dollars in his official capacity
land of applying the same to his own private use"
Mr.. Swami. | object to the verdict. Such ver-
dict cannot be receiycd-it would have no legal eff
feet wlatever-it is mere nully
Mr.. Coke. We demand that the verdict be re-
ccived and recordcd-iet its legal effect be tried at
terwards.'
Mr.. Jones. This is the only correct course
The verdict must be received and entcIed and lis
legal effect settled afterwards.
MIR. Key. The verdict amounts to nothing; il is
neither for the defendant nor against him. 1t is ne
cessary TO have verdict on the Indictment and, as
/ this is not such an ons, it cannot be receive j.
Considerable discussion followed and authorities
were cited by the counsel on both sides, to sustain
their respective views. Judge Thruson inclined to
the option that the verdict should be receiv-
cd, and its effect settled afterwards; what that
effect should be, he could not, without consideration,
undertake to say. Judge Morsell dlssented from
and mean to find special one, they must find 1T
in the commQu oFm-the they had brought IN
Of neither character, it said nothing in relation
to the fraud, and was Not such an one as Judgment
could be given Chief Judge Cranch (who had
been short time absent from the bench, having til
ken his seat and consulted with his brethren inIrnu-
ted TO the counsel the which the Court was WI
ling to adopt, which was to INFORM the Jury OF the
insufficient character of their fading and TO permit
them to 90 back to their and revise their vcr-
dict if they chose to do After some conversa-
ton between the Court and the bar, in which Mr..
Coke obIceted 10 the course proposed, insisting tat
the verdict rendered i'll effect verdict OF ac-
quiLtal, and ought to be recelved-thc Jury was
called up, and tie Chief Judge addressed it as fol-
lows:
1.-The Court informs the Jury that they have doubts
whether they can, upon the verdict the Jury have
offered to repru, give final judgment either Tor OF
against the defendants because the Jury has not found
whether the money received by the defendant
with fraudulent intent nor whether the money re-
ccived was the money of the u. States; aud that II
the Jury choose to retire and reconsider their verdict
in these particulars, the Court will permit them tc
do So"
The Jury then retired to their ROOM and in about
fifteen minutes returned into Court and handed in the
following verdict: '''The Jurors in the of the
Estates against Tobias Watkins find him guilty o
obtaining $50 dollars money OF the u States III hi
olicia capacity and of applying Inc same to ms OWL
'private usc;" which verdict was received and recor
dcd.
The Counsel for the defendant appriSed the opPo
site Counsel that they should require Judgment
acquittal. No proceeding however, was now ino'eu
and nothing further in the case was done to'Ooy'
We observed on yesterday that the Jury had 10
3. found the FRAUDULENT INTENT with which the S75
were appropriated by Watkins; by which omission
? seemed TO our humble knowledge Of law, chat til
verdict was not responsive to the charge aud that
course no judgment of punishment could be founde
BY the Court, the fraud being the gi'' Ct the wiOi