Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1829-06-19
Che Cons tttuttonaI .9alttly.
WEDNESDAY, sIoRNING. JUNE Il, 1923.
From the Telegraph Of Friduy Eoening.
CASE OF TOBIAS WATKINS.

CASE OF TOBIAS WATKINS. s,
Another hill Of Indictment against this individual
on charge of falcly and fraudn!cntly altering af
abstract of an account, with intent to defraui the
United States, was found this morning by the Grand
Inv.
The counsel for thaarcusca have entered a genera
demurrer to this Indictment. ,s. s.E
Time was, tina: when man was acquitted in the
&. States, he was discharged from Imprisonment;
hut the times have altered in this respect as we'll as
in others Three indictments against Watkins have
bssn quashed by the coart FOR the want OF legal sup
port, but as fast ovcrrued. the indeatira-
bic and vindctive prosecutors bring forward another.
" atkins has now been 1--WE weeks in close and RI
Curious imprisonment, and for az offence which what.
ever be its degree, in moral point of view, ought
aver to have been brought into court in the manner
and form adopted at the instance of Amos Kendall.
We understand that the solctule of the Government
70 convict him. their anxiety lesthe escape is as ma
nifest as disgusting. The prosecution is turned into
apersecufion. What company Mr.. Berrien and Mr.
van bdren find themselves in! Associated closely
With a man like Inghatn who does not know how
even to assume tho gcntleman--yoked with Branch,
who has just understanding enough to be obstinate
m error, that most nnmanageable of all animals a
cbnceitef ignoramus-hectored over by Duff Green,
and fading their influence insignificant in comparison
with the favorite, the Manuel Godoi of this Regime
compelled to be responsible for measures they dis
approve, andto Join in that prescription which they
Dire ssnsbleis filing the country wthabhorrence and
detestation! We really sorry Tor Mr.. BARREN,
for whose talents and amiabe qualities we have the
highest respect; bntswe are pleased ,hs the great
manager has for once, out mtnouvred hiuseif We
Wish that Mr. Bcrrien would come out from among
them. They are not fit company for him.
" The National 1ntelligenccr Of Monday, recei-
we'd since the above prepared, furnishes th, fol-
hwibg account of what was done in DR. Watkins
case Friday and Saturday.
Circuit Court Of the United States, for Wasaiagso,.
County. d. c.
,THE UNITED STATES VS.. r. WArKiNs-An in
tictinept was found by the Grand Jury on Friday
asi against the prisoner, for falsely altering certain
documents (the abstracts of Mr. Harrss accounts
rendered TO the office of the 18th Auditor for settle
racnt) for the purpose OF defraudng the United
States efectuatipg colceaing fraud commit
ted--the exact phrase we do no, ren,ember, .
Pie Counsel tor The prisoner dcInurred to this in.
tihtment ALSO, ond the demurrer was argued by MIR.
CoxE for the prisoner, aud by the District Attorney
and Mr., KEY for the o.. States.
On Saturday, Mr.. JoNEs delivered an eaborat
argamcnt against the indictment, with the view to
nave it. quasedon the ground that the offence char
yea the indictment amounted, under the Comnion
Law, toforgery, yet. as the Grand Jury had ignored
an Indictment on Thursday for forgery. specifically
and expressly charged, it clear they did not gree
that the prisoner had committed the offence forge
ry dtherefore the present indictment charged the
prisoner with criminal or punishable oence-fur-
ter that the abstract of accountin which the era
sres were alleged to have been made, is not an in
strument capable OF constituting forgery by any
alteration therein.
Mr.. SWANS followed, and stated to the Court that
sfsce the delivery of IFS opinion on the former de-
snurrer the Counsel for the United States had framed
an indictment, which they considered would be deem
I'd perfectly uDoYceptionable, and IN conformity
with the rules laid down by the Court. in that in
dicment they had set forth the false representations
ny which Dr. Watkins had procured the acquisitions
TO be lssned from the Navy Departments and the teE
tirnony of the late Secretary Of the Navy would,
therefore, be necessary to suhsantiate the avermens
before the Grand Iufy. Under these circumstances,
Ire felt IL his dpiy 20 that the Grand Jury be
adjourned until Monday the 22d instant, in order to
afford time for NJ. Southland, who had been written
toon the subject and who, nanswer, had expressed
his readiness to attend, 20 arrive in Washington.
Mr. JoSBs objected to the motion, and said he had
Intended, had the Court been full, Judge CaANcH
had previously Quilted the Bench fromsjndisposition
to move to have the prisoner discharged instrnter
On the grpnnd that the indictment against him even
in the event ofs being sent to trial by jury, was
utterly upsustainabe. IF the motion were to be
considered by the Court to-day he should meet it
with counter motion. that The request of the Dis
trict Attorney be not granteH and he should also
submit motion fv the discharge of the prisoner
He called upon the Counsel for the prosecution to
give them written statcment of what material facts
they expected to prove by the evidence Of Mr. South
ard.
After considerable discussion, The consideration
of the two motions was deferred until the presence
OF the Chief Justice should make full Court.
Bfr. Swans and Mr. KEY announced that they
should read immediately to New Jersey, with the
view Of obtaining the speedy arrival Of SIr. South
ard. In the mean time, they should require the
presence Of the Grand Jury from day to day.
u is probable that the opinion Of the Court on this
demurrer, will not be pronounced for a day or two.
On Monday, wepresume, the motions of Mr.. SwATN
and My. JoNEs will be argued.
Mr.. Wduers.oa, iatc Librarian Of Congress
gentleman vho was fine scholar, we have already
apprsedth reader one of the victims of Reform,