Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1829-05-28
From the National Intelligencer.
Circuit Court of the United States for
WASHINGTON County, u. &.

heard an argumen, on general demurrer TO
two indictments found by The Grand Jury. at
the pre- sent term, agains, TOBIAS WATKINS, for
misGemeanors, at common law.
Zone Of these indie ments charges that the
said Tobias Watkins, being d, The time Fourth
Audio Lf the Treasury OF The United STATES,
" aud being an evil-dspnsed person, and de-
string and intending fraudulenly and un Justly
to obtain and acquire for himself, and for his
own Drivare use, divers sums Of money Of the
United States, with force and arms, falsely and
fraudulen,ly wrote and addressed and caused
To- br sent 20 certain J. K. Padding, then a
Navy Agent Of the United States al the City
Of New York, letter, &c. and made and exc
cuted draft on The said J. K. Paulding. Navy
Agent, as aforesaid, &c. aud received therefor
(from a broker) Eve hundred dollars, and dis
posed OF he said money for his own use."-
There are other reciiations oil particulars, anG
of other like transactions in the indictment,
(oarl Of which were with Mr.. Harris, Navy
Agent at Bos,on) which concludes with the ee-
neral avrrment thai the several papers refer
red TO were, and each Of them, written, drawn,
sc. 4" wi,hou, any authority therefor, and not
TOR, or OF account Of the public service, but
Tor the priva'e gain and benefit Of the said To-
bias Wa kins, aud with intent to defraud hr
saic United States, and as false pietences TO
enable him 10 ob ain to his own use aud benefit
the said sums of monryl; ard that, by means
Of Tia. said several false Dretences, the said To-
bias Watkins did, a, the time and times afore
said, defraud the said Uuitld States Of the Said
sums" and dispose Of The same to his own
use and benefit, 10 the great damage OF tie
Unied States. and against the peace aid gov
,rn men, t"ereor."
Thomas SMAxN and FnANcIs S KEY Auor,
| news Tor h- Uni'ed Stats, md WALTER JONES
| and RIcHisp ). ( oxE, for The accused.
Thr pl-ad,ngs were opened, against the IN
iiclmeu,, by Mr.. JONES, who occupied the
whole r, malnder OF the days sitting. In this
| bslef skerCt, no attempt will be made to follow
MS w argum,n, but with faini outline, re-
serving i, for future publication. If called for.
| The current only Of his observations will be
| hastily traced.
Mr. JoNEs began by saying Iha, the counsel
tor the accused were, in The presen, sage and
shape Of The proceedings, laboring uoder great
disadvantages, in proceeding 10 submit 10 the
! Cour, what they considered very important
cues ion i'm portant in its bearing no; only to-
wards the individual CONCERNED, but 10 the
Whole people whose rights were implicated in
| it. The accus 4, in the presen, case, he said,
| had Dftn Su ]tCltu % Wna' he IonSiuFitu d We
nv hieh-hapded attempt 20 convert the crimi,
| nal i.dic.ture OF the country from its proper
direc ion, for the purposr Of making its opera
| ton penal upon an individual who, if every
! thing alleged in the accusation against him
| was admitted to be true, only property
subject TO a civil prosecution, for the breach
| of cl, il rus. The evil attempted 10 he re-
dressed by this prosecution was one which, it
h existed at all i" the present case. had exist
! I'd a, differen, times in every country IT. which
| civil government, rxiss. There was scarcely
| a poyrrnmen, in Europe or America, in wh,ch
| cases Of br, ach O! public trust had not been
! committed by individuals, by the appropria-
| ZION TO he ir personal usr Of Governmental
| funds which came INFO their hands IN trust, or
| we're diverted from heir proper obJec's 10 in.
diyidual uses. ia the governments "f the Uni
| led States, both Federal and >,a'e, many Such
| cases had occurred. Bul this was the very first
| instance thar had occurred in which mere
naked accusation Of nisa preparation OF public
m ,ney by an individual had been made ,he
| ground Of indictment, unless under some par
| ucular statute making il criminal. Such mis-
appropriation Of puaic money never had been,
ND TO this dsy, considered an offence per Sc "a
rsins. the Fundamental law OF the land which
| is de spnated as the common Law
| In The present case, moreover, MIR. J. SAID
| the accused no, only had totncoun'er thisno'ei
and unprecedented form Of prose culion, but he
had TO meet i, when urged against him i'll the
mos, oppressive form and ves'ure in which it
was possible for power to array it against him
| lie had, in truth, whether innocent or gum!
Of the facts alleged in the indiclmenf,in various
forms slready suffered all that the most Vlndic>
tive prosec utor could desire. He had sut' red,
no, upon conviction, but upon accusation, i'll
sustained, and, in some particulars, fslse onihe
face of it, II seemed, he said, that this gentle
man, after an absence Of some time from home;
after the way had been prepared for every spe-
cies of obIoquoy and prejudice in The public
mind against him, by accusations OF Hight
from Justice, was upon his return homewards,
when, inste ad of pursuing him to the utmos,
limits Of refuge, waiting for him until the very
time arrived, when, by his conduct, he iaIsified
the accusation of flying from Justice by return,
ing TO his family, he was, by refinement OF
petty tyranny, seized late at night, aud dragged
in the direction he was voluntarily going