Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1829-07-30
! From IA, Ea.ion,I III,

Tt.I.
Or. bafktm.-At the opening Of 20
yesterday. Judge Crsneh stated ,bs, ,I "e sonrt
prop s"d TO give sorne instructions IN n Nourl
similar III sab.'nnce To those which Al, 1uufy
hen prayed Tor. bu, put into A mora r AeY
shape. lie then read them 10 the Coma
follows: sei as
!" The Court being of opinion LA, IN. oa.
charged ~ this indiciIae ut is not CHARGED
Official offence only. hut is an Offence a, a' an
mon lew. whether committed b, official ., .'"'
Or not, or whether committed bv ro,o.as"s
flee or not The question whether this -
has jurisdiction VI an offence consistin, 81
sRe'y OF official misconduct of an ofi,ep - ~
government of The United States, does nm, ' a
cessarily arise in this cause, and Is no, NJ
ded 70" to be decided by the Court. Blu, ,ba
Court IS Of opinion that il has i1risdie,ion1
any common law offence committed in ~
County hy an officer vi the Government Of tho
United States. OF which II would have iur;sd;"
lion II committed by person not an officer or
the Government Of the United States, ahhonsh
such offence should have been committed ~
such officer of the Government of the U,;,oy
States W means consisting in pnrt of ACT, d.
by virtue OF, IF hy coior OF. his Office"
Upon the motion of The Counsel for Tho ~
ted States, the Court instructed Che jury a.,
follows:
Tint ifthe Jury should be satisfied bv H..
evidence in this cause, tina, the letter and dra,.
in this Indictment set forth were respectiv.L'
written and drawn by The defendcnt, in msnn.'
aud form, at The lime and place, and with nm
intent therein set forth, either in his private cn
pacty, or In his public capacity rs Four,h
Auditor ofthe Treasury Department of,ho
United States, ostepsibly for The publlc ser,;cS
Of the United Slstes but iraudulsntly for h;s
"a usp and hpupht "a
drfraud the United States of the sum of monsS
IN the said draft mentioned ; aud that the said
J. h. Pdulding, the Navy Agent named in tho
said Indictment, was thereby deceived snd in.
duced to believe that the .aid letter ant d,afy
were respectively Wriit,n AMI drawn by the
defendant for The public service of the Uned
States, md. IN consequence of being so decef.
we'd and Induced 10 believe, did pay the said
draft out of the moneys Of lie Unnrd Stair,
III u in his hauds.-nnd that the dpfendan, 70
ceivsd the money for the said draft as stated
in the said Indictment and thai all The o,lry
iacts stated in the said indictment, are trnets
therein stated, l. thai the defendant did there.
by delrnud the United States of the said sum
OF $500 in the said drafts mentioned, then they
ought TO find The defendant guilty upon I'm,
Indictment"
MIR. Coke, under the circumstance in which
lest by any aci he should commit the iareres,e
OF his client, declined giving any assent Ia Tie
course hich the CouIf might choose 10 take.
in relation 10 these Instructions
lie Court then Submitted the Instructions
the Jury,
Mr.. Swami having declined 10 address the
jury in this stage of The case,
MIR. Coke spoke At some length on the law OF
The case, pointing out TO the Jury what he con.
sdered as fatal discrepancies between the facts
charged IN thu indie and those which
We're proved 10y the witnesses.
Mr.. Swami replied, and examined tie nrgu-
ments oil the Counsel Oh the Other side with a
view Ia fefite them.
AT quarter ofa hour heIoye IL clock, the
Iury retired and after they had remained out
Of Court near three hours, a suggestion was
made by Mr. Swami that the Jury might give
in their verdict this morning, being permitted
TO separate after they should have agreed.
Mr. Coxe objet ted to the separation Of the
Inry nnlil the yeid'ct should have been received
and recorded by the Court.
The judges hen lef the Court desiring thas
whenever the Jury should Come into Court.
they should be sent for to their chambers.
where they should remain for the purpose Of
being in readiness to receive the verdict.
The Court confined in session uni aiprsix-
q clock, wheO fiuJine there was no probability
nj a verdict being returned last nigh. they al
ourned until 10 clock this morning
The Jury were of course locked W for tho
night.
Mrs. Poyal.-M $. Royals speech is thus
reported in Ihe National lnellgencer
Mrs. Royal ros- and made a short but m
heIic address to the Jury, urging them TO de.
FIND her painsf In nroyo ,borr
selves the protectors Of personal rights and lib.
e'ty; warning them against sanctioning sys
t., m of clerical dom nation, and persecution.
which il not checked hu ihe fleednm Of anaech