Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1829-05-29
TOBIAS wATKINS'S CASE.

my tuteliiEencer OF wednesday last
contains sketch Of " the proceedings which took
place on Tuesday in the Circuit Court of the u.
>. Tor Washington county, District of Colon .
oia We have no room for IL (nearly two co.
iumns iong) this morning-and therefore must
content ourselves, for the present, with stat
ing that the argument before the Court came on
"a general demurrer TO two indictments found
by the Grand Jury at the present term agans st
Tobias Watkins, for misdemeanors, at common
law"
.'One OF these indictments charges that the said
Tobias Watkins, being at the time Fourth Auditor
oil the Treasury Of the United States, "and being
an evii-disposed person, and desiring and intend
ing iraudulentiy and unustly 10 obtain s. acquire
for himself, AMI for his own private use, divers
sums OF money of the United States, with force
and arms, &c. iatseiy and fraudulently wrote and
addressed and caused TO be seHt to a certain J. X
Pauidng, then Navy Agent Of the United States
atthe City of New York, a letter, SC. and made
and executed draft on the said ]. K. Panlding
Navy Agent, as aforesaid, SC. and received there
Tor from broker) five hundred dollars and dis
posed OF the said money for his own use.' There
are other Rotations of particulars, and of other
like transactions in the indictment (part of which
were with Mr.. Harris, Navy Agent at BOSTON,
which concludes with the general averment that
| the several papers referred 10 WERE and each OF
them, written, drawn, SC. "without any authority
therefor, and not for or on account of the public
service, but for the private gain and benefit of the
said Tobias Watkins, and with intent TO defraud
the said United States, and as false pretences to
enable him TO obtain TO his own use and benf, the
said [sims OF money! and that by means of the
said several false pretences the said Tobias Wat
kins did, at the time and times aforesaid, defraud
the said United States Of the said sums" and "dis-
pose OF the same TO his own use and benefit 10 the
great damage ofthe United States, and against the
peace and government thereof"
"Th0mas Swami and Francis s. Kew ATTORNEYS
for the United States, and Walter Jones and Rich
ard s. Coke, for the accused.
"Ihe pleadings wers opened, against the indct-
ment. by Mr.. Jones who occupied the whole re-
mainder of the days sitting"
In the course Of his argument Mr. j. remark
ed that ''the offence charged in the indictments ne
laid, was the obtaining Of certain sums of money,
amounting altogether from-3 500 to 1000 dollars
and. II proved to the full extent, being sccompa-
MED by no Justification strrepti,ious use OF any
Of those tokens or badges which invite public con-
bdence, did not constitute an offence at common
law.
Mr.. Swami Attorney for the United States
ext had the floor hut, the hour of adjournment
having arrived, the Court ntimated an intention
to adjourn.
addition TO notice of authorities which he should
refer to in his argument, that he should take an
additional exception to the indictment This be-
ing prosecution at common law, for an offence
against the United States in their ederative cha
racter, his position would be, that there cannot be
9pSh ii'OiiOhNc az VIC Ok oihst 'nt OHNsu StfteS
under the Common Law; that there is no criminal
Common Law of the United States
And then the Court adjourned
One remark only upon this course Of proceed
ing!-Mr. Watkins should have been the first to
have demurred to the General Demurrer of his
Counsel. He should have met the charge itself
by nroofs-and not suffer them 10 get him off upon
mere point of ld,0-Is he not aware of the ef-
fects Of such course upon his reputation? He
should have met the facts, and not rallied upon an
abstract question of law.