Martinsburg gazette and public advertiser. [volume] (Martinsburg, Va. [W. Va.]) 1826-1833, 1829-08-13
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FFcn the y A,ionsl tate lhgeneer.
COURT.

To Bios Wntkiqs was on Wednesday
found GUILTY on each of the three
indictments on which be has Just been
tried-nsmely, for misdemesnor at
oommsn law, 10 having, in bis capacity
of Fourth ADditor, and osteusibiy for
the puslic service, but falsely and
frauduieniiy, and by false pretences,
Obtained divers sums of public money,
and converted them to his own psiy ate
use. Abe cases tried were-ths two on
which this former juries could not agree
and new trials were granted, viz: the
500 dollar add zoo dollor cases in which
these sums were drawn from Mr. Paul
ding, Navy Agent at New York; and
the 50 600 case, ia which tbs sum was
drawn from Mr.. Harris, Navy Agent a,
Boston We viii new add some part
oulsrs Of the proceedings ia this case
which took place the day preceding
On Tuesday Mr. Key moved the
Court TO instruct the jury, IN matter
aud form, as il instructed the Jury IN
the 500 dollag case. The instruction
was, in e6act. that If the fraudulent
intent and tns acts set forth in the in
~dietment were considered by the Sury
as proved by The testimony, it wa not
material whether the fraud was perpe
sratsd in his ofi s,al character a. Fourth
Auditor. or n ais private capacity, but
that, in such case. the Jury must return
a general verdict of GUILTY
Mr. CoxE then moved some additiosai
Instructions. setting forth certain ropo.
si,ions as necessarily inducing aequital
The Counsel Tor the United states took
exception to two of the items contained
10 these additional instructions, princi
pally on the ground that they were
abstract propositions, immaterial 10 the
case Mr.. CoXe, on the cthsr baud.
inssled that the propositions objected
90 were material. Judge Cranch' OBJ
jected to the two propositions-on the
ground that, in giving them as inst.uc
tons to the Juvv, the Court would be
submitting officially aud 60 nominc, a
question of law TO the Jury. lie had
also other objections, which be stated.
The two Propositions, which are q
follows, we're then withdrawn:
"That If the5dry shall believe that the
Fourth Auditor had by iaw no authority
to,d,rect the disposition Of money in the
hands of the Navy Agents. that the
payment by them of the various drafts
was unauthorized and in tbeir own
wrong
"That if the Jury shall believe that
Che Fourth Auditor bad lawful power
and authority 20 direct the a~ppronria.
Gion Gf said moneys. that then the Navy
Agents were bound to pay the official
drafts Of the Fourth Auditor, end none
other"
Mr. Key then submitted a prayer for
an additional instruction to the jury TO
the effect that the subsequent allowance
of these items in the accounts If The
Navy Agents, did no; sanction the
drawing of the drafts by DIR Watkins.
nor change fhe fraudulent character
of the transactions
Mr.. Coke OBJ ected to the instruction
prayed for, and some discussion took
place on the question. after which, the
Court made a verbal alteration. and
acceeded to the prayer OF the Counsel
for the United States
Mr. hey then prayed another instTuc
zion setting forth that the payment of
the drafts in New York and Boston did
not take'the offence out of the jurisdic.
ton of this Court. 90 this prayer also
Mr. Ccxe objected; but after some
modification OF the language OF the
instruction prayed for, the Court grant
ed the prayer.
On Wednesday, TIE case wa. further
argued by Mr. Key and Mr. SWAMI, for
che United States They concluded q
little after 10 o'clock, when the Jury
retired. and after remaining out about
two hours, Brought in the verdict OF
guilty, as above stated.
AS soon as the verdict was received,
Mr.. Coke ulsved an arrest of judgment
and a new tiial.
The Court then adjourned.