Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1829-07-27
CIRCUIT COURT oP THE UNITED sr,r,
THURSDAY, July %.

Y,
P. Poor being called, and sworn, made nm ID
panel Of Jurymen. The Jury was then r,''s
over and answered to their names IN III, fan
ing order:
Henry Ault, w. S. Drummond
Thomas B. Griffin, Charter R. Bet.
John My RS, Thomas Levrrnc.
Reuben w, Horner, Alpheus Hya
Samuel St tlinius, Thomas M'Gil.
K. Beverly, Nathaniel p. Poor
After some conversation between the r.,
sci for the United States and the bench ~ :,
subject Of Samuel Stettinius, who wa, swa
Juror, and al forwards declared thai he had my
up his mind on the suhjec, of the former ,nd; .
ment the Court decided that they could n.
discharge him on that account, nor Could |.
be challenged fnr tina, reason.
l, was urged by the Counsel for the IJn..
States, that this circumstance Nigh, ber,,G
be urged as ground for new trial. AID n.
Key submitted a written statement TO the Cn'.
on the subject.
The trial on 1.-The indictmrn, charging n.
Watkins with frauduIrntIy OBJ aiming 900 DID,
lars Of the money Of The Uni,ed S,aes Was ,L,,
commenced.
Mr.. Swami opened the case bv taking ",
Of the main legal points On which he anlicin,
ed any opposition 10 the case, and by r f,ui,.
to the facts which he intended to prove in ,,,
dence. He then produce ed she l.ter wrir,,r ;,
Dr.. Watkins 10 Mr.. Paulding, advising him
that he had drawn upon MIN DRAFT o 500 %.
lars. sc.
bless s. Fowkr, Paulding Harris, ellis tl
Forrest, were rhrn se,eraly c%aminrd. Ahe
he whole Of he testimony for The pru,ecurio,
had been gone Ihrongh, The several wi'nt,ssl
were called again and re-, Examined by Mr.. "a,
tor the accus-
Mr. Key then. on behalf Of the United Stap
submitted motion 70 The Court to in,lruc, IL
Jury 10 the tffect thai whether the lelIsr & irt
were written and drawn by I. Watkins
by 1 Watkins as Fourth Auditor, in Will
ever character he drew the drafts and ob'air,;
the MONEY, il they found that he hat obtainedi
money no, for the public service, but for hisor
private use, he, mus find him guilty
At the suggestion of The Curt, Mr. Egs
amended the instruction by adding the WIN |
" and if hey find the ober facts, as chsrgeda
the indie Imrht.
The Court then took. time 10 delibera,r i
the motion, and the Courr sdjour nee. ~ L.
FRIDAY, July "a.
This morning, Chef Judge Cranch deliwlss
The following opinion:
"The Court Being of opi1ion that the offence chm
ed in this indictment is not charged AZ an ohical
fence only, but is an offence at common law, wbeis
committed by official means or not, or whether con
mitted by color Of Office not, the question whe.
this Court has jurisdiction of an offence consisting
cIusvcly Of official misconduct of an officer of the c.
ernment of the United States, does not nece,n,S
arise in this cause, and is OF intended now TO be dc,
ed by the Court. But the Court is Of opinion ,hr /
has Jurisdiction Of any common law offence comm,t
in this county by an officer Of the Government Of &
United States, Of which it would have jurisdeia
committed by person not al officer Of the Gor,,
ment ofthe United States, although such offence .hu
have been committed by such officer of the Goy.7
ment of the United States by means consisting i 70
done by virtue Of or BY color of the Office"
Upon the motion of the Counsel for the ID =
ted States, the Court instructed the Jary q. n :
lows:
"That if the Jury should be satisfied BY the e,i,ou
in this cause that the letter and draft in this nicrt
set forth were respectively written and drawn By
defendant in manner and form, At the time and p,a
and with the intent therein set forth, either in hi.
vate capacity, or in his public capacity as Tourt
ditor of the Treasury Department Of the United sua
ostensbly for the public service Of the United snt4
but fraudulently for his own private use and bend
with intent to defsud the United States Of the SUN
money in the said draft mentioned; and tina, the sad
X Paulding, the Navy A.ent named in the said Judd
ment, was thereby deceived and induced to beEsa
that the said letter aud draft were respectively v
and drawn by the defendant for the public service
the United States, and, in consequence Of being @@
ceved and induced to believe, did pay the said da
out of the moneys Of the United states then 10 D
hands-and that the defendant received the none.
the said draft stated in the said Indictment anita
all the other facts stated in the said indictment are |
as therein stated and that the defendant did thsr
dcfraud the United States Of the said sum Of 500 J
lars in the said draft mentioned they cugh
find the defendant guilty upon this indictment"
Mr.. Coke (now sole counsel for the dele:
ant, his colleague, Mr. Jones, being neces''H
absent at Annapolis, TO argue an imports
cause) addressed the Jury at coHsids'ia
length.
Mr.. Swami replied to Mr.. Coke at large
the points Of his argument.
The Jury then (betwecn - and o'el0a
retired, and no, having returned into Court
O'Clock, the Court adjourned. The JuTh s
manned in their room all night, but whsE
they have agreed on a verdict is not known
I, bplieS ed they have nor