Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1829-06-04

bias watkins did, at the time aud times afOTe-
said, defraud the u. States oil the said sums,
aud dispose Of the same TO his own use and
benefit, To the great damage OF the United
States, aud against The peace and government
thereof
Thomas swann and Francis s. Key, Attor-
neys for the u. s. and Bntier yones ard Rich
ard 5. CoGe, for the accused.
This "a case which has attracted so much
oil the public attention as 10 demand more par
tieular report OF IL than II mas been the custom
10 make ofthe proceedings in cases before our
Court. II was by mere accident that we be-
came aware Of this case coming up in any shape
to-day IN Court and, Tor want of time and
room, our report must be abbreviated far with
IN the limits 10 which our notes would have en-.
abied us 10 extend II.
The pleadings we're opened against the in
dicimeni, by Ar Jones, who occupied the
whole remainder Of Tie day sitting. In this
brief sketch no attempt will be made 10 follow
his law argument, but with falnt outline, re-
serving II lor future publication. II called Tor.
/ he current only OF his observations will be
hastily traced.
Mr.. Jones began saying that the counsel
for he accused were, IN the present stage and
shape ofthe proceedings, Iaboring under great
Disadvantages, in proceeding To submit to the
Court what they considered very important
quest IN IFS bearing noi only to.
wards the Individual concerned, but 10 the whole
people whose righ's were i'm pin Gated in il. The
acfnsed, in The present case, he said, had been
subjected Ia what he coDsidt red a very high-
handed attempt to convert tho criminal iudIca.
inte OF the country from its proper direction,
Tor the purpose OF making is operation renal
upon an individual vino, If every thing alleged
III the accusation against him vas admitted to
be true, was only properly subject 10 a civil
prosecution for the breach OF n civil trust TIE
evil attempted To be redtcssed by his pfosecu
ton WAS one which, il IL existed at all IN the pre-
sent case, has existed al different times in eve
~ country IN which evil government exists.
There was scarcely government Ia Europe,
on America, IN WHICH cases oil breach OF public
trust had not been committed by individuals.
by the appropriation To their personal use OF
government al funds which came into their
hands IA trust or were diverted from their PRO
PEI objects TO individual n7es. In the govern.
ments OF The United States, both Federal and
state, many such cases had occurred But
this was the very first instance that had occur
red ~ which mere naked accusation of mIsap.
preparation of public money by an individual
had been made the ground Of indictment, unless
under some particular statute making II Grim.
NAL. Such miSappropli Of public money
never had been, to his day, considered an Of
fence per sc against the fundamental law Of
the land which is designated as the Common
Law.
In The present case, moreover, Mr.. j. said
the accused not only had to encounter this novel
aud Unprecedented form Of prosecution bur he
had to meet il when urged against him in the
most oppressive form and vesture in viii il
was possible for power to array il against him
tyl nor in IT,. {
the facts alleged in the Indictment, in various
forms already suffered al that he most vihdir-
tive prosecutor could desire. He had suffered
not upon conviction, but upon accusation. III
sustained, and, IN some particulars, false on
the face OF II. II seemed, he said, that this gen.
tleman, after an absence Of some time from
nome alter the way had been prepared in ev.
cry species OF ub'oquy aud prejudice IN the
public mud agaIns, him. by accusations of
Hight from Justice, WAS upon his return home
ward, when, instead oil pur suing him 10 the utmost
limits Of refuge waiting for him until the very
time arrived, when, hv his conduct. he tasilied
the accusation OF flying tIom justice by return
ing to his family. he was, by IA refinement of
neiiy 'ytanny, seized late at night, and drag
ged IN the direction lac was voluntarily go-
ing
The Court mere interposel, ard SUGGESTED
sell TO tue question ri tar before the Court. to
which his present course OF remarks did not an.
pear 10 have any necessary connp5iop
Mr., jones said II appeared 10 him no more
than J"st 10 his cient, who had already been
SUBJECTED 10 much oboqn,, aud was likely To
be shblec'ed 10 mere, To place his case fairly be-
lore TIE Court Tie roceeded TO say that he
presumed II would he perfectly admissible Tor
Inn to tate that il was Il matter of the highest
Importance 10 the GOOD of the country, and 10
The security OF the Iighs OF the body ofthe PEG.
pie, that tho criminal law of the country
should Ne precisely understood and generally
known; and that the counsel for the accused
were dIschargng nothing hut dut, of the
profession 10 the public. whose servants they
III some degree were, when they brought TO the
test of The law every accusation which went
to place IN peril the life or liberty Of the Cit.
zen
Mr. j. then proceeded TO argue the question
OF the demurrer, upon the ground first. of the
essence oil the offence maintaining that, CIV.
ing every latitude to the avermens IN the in.
dlctments that was possible, monlding them in
10 The most nne1ceptionab form, and admit.
ting them all 10 be proved. there was no ground
for charging the ACCUSED, as now Indicted. with
any offence against the common Jaw. After
which he proposed 10 look into The indictments
themselves, and see whether they were notI
still further from any definition of The Grimm.
nj offence than even the popular understanding
Of the charge contained in them He assum
ed, what he undertook TO demonstrate from the
terms Of the indictments themselves that the
whole amount Of the charges contained in them
supposing those charges to be proved 10 their
utmost exientwas the case of msapprorria
uon, by an olnCer OF the Government 10 his
private use, OF moneys OF the Government