Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1829-07-17
CASE OF TOBIAS WATKINS.

SGiiai0ker-Benianin Crow I'D.
CASE OF TOBIAS WATKINS
WAsuISGToN, July I3 The judgment Of the
court the question raised by the objections of the
counsel for Doctor Watkins 10 their opinion upon
his case with respect TO he indictment for the audu-
lent obtainment OF the $3.50 from Mr.. pauding,
delivered this morning. Judge Cranch, the part of
the court Observed that thoy perceived Of cor
recness IN the indictnenbut that, the contrary il
was apparent The face OF it, that the fraud alleged to
have been committed. was averrcd in sufficient, terms
and specified with sufficient disnctness TWAS there.
lore, their opinion that the objections their opinion
could not be sustained.
Judge Thruson who, on particular point dissented
IRON the opinion oil Judges Cranch and Morsell delv
cred an opinion at great length, in the of which
he expressed his sentiments the subject in gene
ral bearings The argument which followed az 10 the
draft having been ultimately paid at n, York he con.
sidered wholly inappicabe TO the before the cour,
He conceived that the indictment was framed in ant and
technical terms; and that in form as well in sub
stance, 1t was utterly unimpeachable Judgment, i'm
consequences, must, according TO his views the sub
Iject be given for the United States. Judge Thruston
enoned Also that he had prepared an onnion on the
subject o! the indictment in the three hundred dollar
case but, inaSmuch the majority OF the Court had
not. az yet, delivered their opinion on that case he
shorid at present refrain from delivering his.
The Court confirmed hei former opinion on the charge
with respect 70 Mr. iambieton, sustaining the demur-
rer to thain .c,ment
An argument then ensued upon motion OF the coun
sci Tor the prisoner to be allowed TO withdraw their de
IiuT5er Oil the Indictment for the fraud as TO the draft
tor seven hundred and City dollars. II was opposed by
we cOhhsel Tor me United States, Ar Kew and Mr..
swami The former copended that there could be no
criminal adGuceu wncII, aItcr-- I,,.,. or To-
an indictment had been argued and decided upon, the
court had allowed that demurrer 10 be withdrawn the
court possessed TO discretionary power allow such
withdrawal. They Che counsel for the prosecution)
had proposed on Friday, after The opinion of The court
On that indictment had been devered-an opinion sus-
tanning the validity of the ndictmen,-o waive all adj
vantages which might be derived their part from .e
overruing OF the demurrer condition that the oppos-
ing counsel would join issue and proceed trial but
that proposition having been rejected-thc question
having been re-nrgued,-and the former Judgment of
The court having been subsequently, confirmed the
counsel for the United States thought il due 10 them
selves and to their country 10 maintain tsr position
that in all criminal judgment upon a demurrer
operated in The same manner as conviction after trial
and mat no criminal case could be cited in which, after
such judgment, an accused party allowed TO nut
in plea Of not e,tny Ii such mode of proceedng
were to he permitted il stood 10 reason that not only
the whole course OF justice would be impeled, but that
lite ends also would be entirely frustrated; for every
person accused previous 10 his trial upon the facts
might demur 10 The ldW Of his case
The Court briefly stated, that by reason Of its i'm
portance with respect 10 the establishment OF p zee
dent on great principle Of law, they would hold the
matter IN question, under advisement
1T is probable that an opinion upon will be delivered
t0-morrow TFT & Y,aJ
Ma CLAT-we learn from Kentucky, that Mr.
Gay IN his speeches and private conversations ossers
that the editor oil tis paper has written letter in
which he said that an individual applicant for office
sho"ld not be appon'ed and argues from such data
thai he exercises controlling influence the APP
assertion 10 say. that such letter ever written
The object Of MIR. Clay ia manifest He hopes 10
weaken chat confidence. which lie believes ne deserve
from the President and his friends and by directing all
his artillery, charged with the caumnes Of his parti-
sans, ae ainsf our to effect it's dcslruc ton
'M''' S'D, 2. rlads and esaes yoay eleeae.$ &C. ~.
| WASHINoToN, July b Case Of It Watkins -
our readers will perceive by the proceedings Of the
Court reported in another part Of to-days paper that
there is ut last prospect of this siCung case COM
ting 10 issue and conclusion. The demurrer TO one in
dir fnnan holm gIus.
Withdrawn, there ore two indictmen (he one the
$3.50 and the other ie 3OJ case) ready for ial The
| first is set for trial this morning
II is understood that tie Counsel ofibe United States
although the Indictment in the Of Purser Ifarnble
ton set aside the ground that trial of the once
was barred by the limitation OF Inc law, yet conceive
that they can get over that difficulty by adopting diff
ferent iorm and have accordingly prepared new bill
IN That case which they mean 10 send up to the Grand
Jury to-day TN1E INT
Inc President Of The United States, with HI. Family
and the high Officers Of Government who accompanied
him down, returned Yesterday TO this City, from his WIS.,
u TO Ola Point Comfort, Norfolk &C. 10 the Steamboat
Potomac. nd
PHILABELpmiA, july 13-Mr, Rivea our ps,v
Minister to France arrived IT, th city on Saturday
evening and took lodgings at Mr. Heads (he Mansion
House) rU s. Gas-
Extract ola letter to a gentleman this city, dated
IExtaGToN, ny July 4.
! The tiia Of Mr. WickHs for shooting Mr. Ben
ming. tie editor Of the Kentucky Gazette after occupy
lng the Court four and hall DAYS, has ended this day
me July, aier retiring about eileen minutes brought
'h Verdict Of MOI Giiliy. Bait. Pat.
OMlNOUS
| PRsvtDENcE, r. I. July IO-Ap sfsir occurred 10
Ibis town, within iew days, which in al human prob
ability will lead 70 announcement which will i.np-
csic individuals 10 one Of tic most outrageous and nlA
nous coDspiraci's that disggaced he character of
man Individuals said 10 be involved in g. who
have heretofore been looked upon men entitled IN re
sPec'' confidence, and yeneraon We throw out these
/ da'nhaos inuend0es," not from disposition to give
rise 70 unnecessary gossip and curious speculation IL
- probable. tbai tie lapse Of few days will bring
mugs % hght' and expose Of the blacklist deeds
! lIllL nunAn urnlarlu L.