Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1829-07-27
DOMESTIC.

\.
In the Of Or. Watkins, the jury was coGple,ed
yesterday morning. Mr. Nathaniel p. Ioor ny called aud
S~onl made UP tire panc OF jurymen The jury
called and and ANSWERED their following
Order
liorneT, Samuel Sc,nius, Beverly, w = Drumnond,
Charles Il Belt Thomas Leverins, Apheus ayat, Thomas
N(iIl, Nathaniel T. Poor
After between counsel for the United
States aud The bench the secl of Samuel Siemus who
juror, and afterwards declared that he
up his mind the subject of the former indictment the court
decided that they could not discharge him tat account
could Inc be challenged for that
IL urged by the counsel for the United States that
Circumstance might hereafter be urged gound a trial.
apd MIR Key submitted written the
SUBJECT
u'ey obtaining 300 dollars Of the money OF the United States,
then commenced
Mr. SWAMI opened the by taking view main
gal points which he anticipated Opposition
andby referring to the facts which he intended prove evil
dence. lie 'eu produced the letter by DR. Watkins
Mt Pauldng, advising him that lie had drawn upon hun
dran for $40 dollars, &c.
Messrs Fowler pa.ltlnc Harris ellis aud Forest were
then sevoraly examined After whole Of the testimony for
Prosuonshad been gone through the several
were called assu, aud examined by MIR Coke for the
scd
Mr Key them on behalf Of the United States submitted
motion TO the court 20 instruct the i,rv to the efcc bat e,hrr
the letter and draft written and drawn by Watkins
b. r. Watkins Fourth Auditor in whatever character he
drew the drafts and Obtained the money if iey found that hc
had Obtained tie money, for tie public service for his
own private use, they must md him guilty.
Al the suggestion Of court MIR key amended the nstrc
ton by adding the words "dnd If they ind the other facts
charged IN the indictment"
The deliberate e motion and the
c1Irt Adjourned
WIsiISGToN, July 90.
Dr.. Ua.irs-A tie opening Of the yesterday, Judge
Cauch stated that tie prop0 ed give Instructions
jury, similar ~ substance those which Mr. Kew had
prayed Tor hot pot into formal shape lie then read
item 20 the counsel as follows
Ihc being Of opinion that the offence charged this
indictment charged official offence Onlv
offence law, whether Committed by a means
or not whether committed 10y colour Of not the
question whether this has jurisdiction Of offence
srg exclusively Of official misconduct of os;er OF the
government Of tive United Slae necessarily arise in
this cause and Intended now 10 I've decided 10y the
But opinion that 10 las jurisdiction Of
mon law offence committed in this county by officer Of the
government the United states, of which would have
pioon if committed by person officer Uf the
been committed by such officer Of tho government Of tive ui
tod States 10y consisting IN pat Of acts done by virtue Of
o. by colour Of his Office.
Upon the motion Of the counsel or the Uuilcd States, tho
court instructed the Jury follows
That " the jury should satisfied y the evidence in this
cause, that the letter aud daft this indictment forth were
respectively written and drawn by the defendant, IN manner
and uun, ~ c tune aud place and with the nit therein set
forth, enci ~ MS private capacity, his public capacity a.,
Fouth AUDITOR ~ tie Treasury Department ~ Tue United
Slcs onsy ur the public service Of the United States bu
frsudueny FOR his private and benefit with ucut 70
eiaud iho UncdSaios Of the money in sid dran
mentioned; and that tho said j. X Padding the Navy Agent
ned ~ the sal ndcmsnt thereby deceived and mdI
ced believe that the said letter aud dra
written AND drawn wv the defendant public service q
United States, and ucopscquencc of Ecug deceived an,
Induced ~ lClcvc did the sad dram the mOuoy
tho United Stcs then his hands and that The defendant
Civcl rho for the said ra stated " the said udct
rcr AID that all thu other facts n the said ndcmcn
orc tue therein stated and that tho defendant did thereby
drad the United States of Tive said Of $500 IN tho sal,
drRns mentioned,
dlcjment"