The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1839-05-08
GEN. GRATIOT'S CAsE.-The fol


lowing notice Of the resu, of the trial re-
Gently had vt ST. Louis is taken in the Bull
letin of the l7,h ul,:
Gen. Gratiot's Casc.-As the dismis.on
of Gen. GratIst> from the army, and the ini-
puintion of default, on his part, took the
public by surprise, much interest has been
manifested in the result Of the suit, broug lat
by the government, 10 recover the balance
Of money claimed against him. The suit
came OF for trial before the Federal Circuit
Court, for Missouri, on Wednesday, the
10th instant. The circumstances of the
case, as we have learned them from pcrssns
who were present, are as follows. The
Government claimed balance Of money
advanced to the defendant, of ahoni S30,-
900. The defenden claimed nm offset, Of
a larger sum, for crfra oBiciai services rem
dered by him, in directing and superntend-
ing public works, of civil nature, not APP
proprinte TO his military station, and in the
labor and responsibility of dIsburslng public
money.
Wednesday and Thursday were occupied
in giving evidence to the jury, and in dis
cussing the points Of law before the Court.
On Friday morning, the Court instructed
the jury, pointedy, against the defendants
claim of set off; aud that the services ren.
dered by him, IN relation to eicil works,
were not ertrd aud that, therefore, he was
not entitled TO any compensation for such
services, although they occasioned, accord
ing to the proofs in the case, three times The
labor of his military duties proper.
The jury, however, declined TO obey the
instructions of the Court; declaring, (ns
some of them did in open conrt) that they
could not conscicntously give verdict a
gains, the defendant, rs they considered the
evidence ample for his deience--nnd having
heard the discussion Of the law questions,
were satisfied in TINT respect also. The ju-
~ remained in confinement until Tuesday
the 10th instant, and then were dissolved by
the sdjournmen, of the Court.
II is, perhaps, proper TO remark, that, as
far ms we have understood, there was no
tincture Of party politics in the jury. 1t
was composed of gentlemen of both parties,
and of entire strangers to Gen. GrntIof
There was no, one of the old inhabitants of
Louisiana on the jury; and Gen. Gra'ioi,
though native of this city, has been absent,
in the public service, for nearly thiriy-hve
years. Since the adjournment, we learn
that the jury were divided-tro for oheying
the instructions of the Court, and ten IN ia
vor Of a general verdict for the defendant
II may he true, that, in technical strict
ness, the jury is bound to obey the instruc-
lions Of the Court in matters Of law; yet,
the conscientious scruples of the jury, in
this instoBce, will 60 far to satisfy the pub
lac, that however the account between Gen.
Grailot and the Government may he ulti-
mately settled, by the courts of law, his
claims have been honestly and fairly mndc,
with the full belief, on his part, that they
are jusi and right.
We forbear further commen, on this case,
as it is still pending, and we would not will
lingly publish any thing ,ha, nigh, tend to
bias the cause Of public justice.