Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1829-07-28
CASE OF TOBIAS WATKINS

The proceedings In this case were continued at the
opening OF the court to-day The whole OF the morn
ing was occupied IN examining the talesmen summoned
by tho Marshal IA TO whether they had formed and
pressed an opinion as 20 tho guilt innocence Of the
prisoner The counsel for the United States declined
to challenger but Alr CoXe doing So upwards of 20 OF
the talesmen were rejected by tho ers or the court
on stating that they had formed and expressed opn
IONS with respect 10 the general charges against DR.
Wakllls, although as was observed BY MANY Of them
they should feel bound decide upon the according
70 the testimony only. II not until near O'clock
that the following eleven members OF the jury were
embodied 1t consists at present. of the undornention
toned persons:
Henry Ault, Thomas B Griffin John Myers, Reuben
w. Horner, Samuel Stetnius Robert Beverly, Will
Ham ,. Drummond, Charles r. Belt Thomas lowering
Aipheus Hyatt, Thomas NcCill.
The court then adjourned ill tomorrow morning
when the jury will be completed, and the trial will pro-
ceeu' q. s. Tel. July %.
On the opening of tho Court this morning. another
Juryman, Nathaniel p. Poor, was sworn having ar.
sweTed TO the usual question, that lie had formed and
expressed opinion to the guilt or innocence of the
Prl'oner-thus making up the requisite number Of Ju.
Tymen Mr. Key then stated 10 the Court that ops OF
the ta'esmen (lr Stetnius) had, since lie had been
sworn, revealed Ihat he had previously formed ard
pressed an opinion as 70 the merits Of the case; but that
al Tie Tune OF answering 10 the usual question of tina
Court he had not rocolleced having so formed and
pressed such opinion but inasmuch as this eircum-
stance, II had been minated by the counsel for the ac
cused, might form te ground Of a motion for n ne ~ ,,
az IN the event either Of the acquta or conyio,ion Of
Tie accused, he wished the matter TO be fuIly unJa,
W..
In order TO save the time of the Court and The nublo
Pehe' AFTER considerable discussion, the Court de-
cIded mat Juror could not be challenged but for soo
cause which had arisen since he was sworn: that be
could not be challenged for cause which existed nre
vious 10 his taking the oath Mr. Kew then handed a
paper to the Court, stating, that there might be- roo
non lor new trial it was important TO mako written
statement OF the case now, that there might be no
mistake hereafter TO prevent such an occurrence he
Observed that 1t was in his opinion desirable that the
counsel for the accused should state definitely
hey meant to accept hect to the Juror in nueston
This having been declined, the Jurymen were called
over, and tho trial commenced by Mr. Swami onenino
the case for the United Stotes
Mi. swami briefly recapudtei the facts Of the case
after which the following witnesses wore examine. ON
The part Of the prosecution Charles s. Fowler lanes
X Pduldog, Richard Is. Harris Thomas n GilIiss
Henry Forrest, and Thomas Hunroe Various Ietters
OF Dr atkins were read, applicable to the case. Sc.
VeraI OF th9 witnesses above enumerated were exam
med in behalf OF the prisoner, likewise.
The testimony on each side being then cIosej Mr.
10y, on the part Of the United Sfates tpoyed thaf o.
court should instruct the Jury, that II the fraud were
povea 10 have been committed by the prisoner who
er 10 his Official or private capacity, rendered hin,
guilty N 'oIu'cl Of
The Court, afer long consideration. DECLARING u,
the motion Of Mr. Kew iovolyeJ a"oso 90. mar
ant IN its nature for an Immediate derision 81
wa. uey SHOULD at u,eir meeting be preparo5 ~
. I, ",'n respect TO II, adjourned until to-
Inc Court thi' morning, in pursuance If
submitted by Mr. Key yesterday gavc a., t,n,,,
instructions TO the Jury, in the cse Of Tobi twow,E
s's" ueVlSuo. was made IN the form OF tl,e inatruc
IONS rs drafted by Mr. Key; Chief Iud, Ts
substance: ' WIG same III |
!" The Cour, being Of opinion that the offence a..
ca ~ bis indictment is not charged as al official og
only, but is an offence at common law ,vbc,b oehce
nhued by oincisi means or not or whether comu,nd
by colour OF Olhce or not, the question tvbefher a.
~o' "'slUp''''H'h o. ON offence conssdng svHpsiro.