Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1829-07-28
DCMTE sMEg.

WASHINGTON, July 81.
In the of DR.. Watkins the niry was completed
yesterday morning, Mr. Nathaniel r. Poor being called and
called o7er' aud and answered 10 their the following
order:
Henry Aut, Thomas g. Griffin, John Myers, Reuben W.
tiorner, Samuel S,eltinuS, r Beverly, W S Drummond,
CHARLES r. Beit Thomas lowering, Alheus ilayatt Thomas
Mtiil Nathaniel p. Poor.
After conversation the the United
States aud the bench the subject of Sa" Siettnius
up his mind the subject of the former Indictment the
decided that they could discharge account nor
1t urged by the counsel for the United States that this
circumstance nigh, hereafter be urged gound trial.
subject.
The trial indictment charging DR. Watkins with fraud
was then commenced.
Mr. opened by taking main It.
gal points which he anticipated any opposition the
and by referring the facts which he intended prove in
dence. lie then produced the letter by Dr. Watkins
MIR. Pauldng, advising him that lie had dawn upon htn
draft for 800 dollars,
Aessrs Fowler Padding, Harris Glls aud Forest were
then scvealy examined After the whole of the
the proecuon1had been gone through the several
were called again. and reeXamned by Mr. Coxc for the
scd.
Mr. Key them behalf of the United States submitted
motion TO the court to instruct tue jury to the effect thai whether
the letter and draft written and drawn by T. Watkins,
by L. Watkins Fourth Auditor in Whatever character he
drew the drafts and obtained the money if thew found that he
had obtained the money for the public service
own private use, they must hnd him guilty
At the suggestion of the Mr. Key amended the
ton by adding the words and if they find the other
charged ii the Indictment
The took deliberate OH the notion and the
court adjourned.
WAsluYGrox, July %.
r..akiusAt the opening of the court Yesterday JuJoe
Cranch stated that the proposed give
to the jury similar substance those which Mr. Key had
prayed for but put into formal shape He then read
them to the counsel as follows:
ne court being of opinion that the offence charged in this
indictment is not charged official offence ony
offence at common law whether by MEANS
or not or whether committed by colour of Office not tie
question whether this court has jurisdiction of offence
sisting exclusively of official misconduct officer of the
government of the United States does necessarily arise
this cause and intended decided by the court
mon law offence committed ~ this county officer the
government of the United States, of which would have jus
pction committed by person officer Of the govern
ncnt OF the United States although such offence should
been committed by such officer Of tho government of the Uni.
ted States by consisting part of done by Of
OF by colour Ot, his Office.
Upon the motion of the counsel for the United States the
court instructed the jury follows:
That if the jury should satisfied bv the evidence in this
that the letter and draft in this Indictment forth
respectively written and drawn defendant, manner
and forn the time and place, and with the therein
FORTH either his private capacity his pnblc capacity
Fourth Auditor of the Treasury Department the United
States ostensby for the public service United States
deaud the United States Of the money in the said draft
nentoned and that the said j. X Paudng the Navy Agent
named in the said Indictment thereby aud ndu-
ccd believe that the said letter and draft respectively
written and drawn by the defendant for the public
the United States and in consequence Of being deceived and
induced TO believe did the said draft out OF the Of
the United States then IN his handand that the defendant
ceived the money the said draft stated in the said ndc
ent and that all the other facts stated in the said indictment
true therein stated and that the defendant did thereby
deaad the United States of the said Of $500 in the said
drafts mentioned,
Then they ought find the defendant guilty upon this in
dicnent"
Mr. Coxe under the circumstances which he was placed
alone in the Defence and fearful lest any should
init the interests his Client declined giving any assent To
course which tho might choose 10 take, relation to these
The then submitted the instructions to the jury
Nj Swami having declined to address the jury this stage
Mr. Coke spoke length on the Of the case point
ING out TO the jury what he considered as fatal Discrepancies