Washington sentinel., 1853-10-23
SnteIliasnee.
The Martha washington Case.--This tri

The marina w asningtOm Cascs--lnls trlai,
undoubtedly of greater magnitude than any ever
heardin Ohio and one ofthe most important in the
judicial history OF the country, commenced on the
nth hinst., before John Mclean Justice of the U.
S. Supreme Court, and Humphrey Leavtt,
Judge Of the u. 5. District Court for Ohio.
AT the April Qast) term OF the Circuit Court the
case was continued on motion OF 7. Ewing coun-
sci for the defence, until Tuesday, the 18th Of Oc
tober.
Since Chanders discharge il is alleged that adj
ditional evidence has been found against him, and
a warrant has been issued for his arrest.
The case of the United States against kissane
and others was first taken up.
Mr.. Walker, of counsel for the defence, made
the following motions:
First. The defendants move 10 quash all the
counts in this indictment.
lst. Because no one OF said counts describes
an offence punishable by any law OF the United
States
I'd. Because Congress has no power TO pass any
law for the punishment of any offence described
in any of the counts OF said Indictment
Secondly And the defendants further move TO
quash all the counts in said indictment, which al
leges the actual burning of the steamboat Martha
Washington, TO wit the second, fourth, fifth, Sc
venh, eighth and ninth counts, for the reason fol
lowing:
Because the offence of conspirng 10 burn is
either misdemeanor only and so merged in the
higher offence of burning, of which this court has
no jurisdictions except when the burning is on the
high seas or else said counts charge severay two
distinct and separate offences, and so are bad for
duplicity
Third. And the defendants further move 10
auash all those counts in said indictment which
alege that the goods insured were not on board
the said steamboat Martha Washington, TO wit
the second seventh, and eighth, for the reasons
following:
Because the act OF Congress upon which said
Indictment is founded in express terms, requires
the insurances TO be on the vessel herself, or on
goods on board thereof; and does not provide for
or include fictitious insurances.
Fourth. And the defendants further move TO
quash all those counts in said indictments which
do not particularly specify and set forth the under
writers intended to be defrauded, and the policies
of insurance by them respectively underwritten,
to wit The first, third and sixth counts, for the
reason following:
Because said counts, for want of said specfca-
tions are not sufficient in law to put the defend
ants to answer them. ...e.
The court also remarked that it had no objec-
ton 10 hear argument on the constituonality of a
law, though the question might be reserved. Some
deberaton had already been given to the points
raised
At the afternoon session the constitutonality OF
the jurisdiction of the United States in this case
was argued, and was continued on the following
day. BY telegraph, we perceive that Judge Nc
Lean has decided that the United States had juris-
uiStiohs anu was oicoiiy eohSpta'ohoi' ihS Via
will continue.
| Russian observation-disclosures, Sept. %
| 1S53.--A few days ago the Prince of Coburg and
| the Duke de Nemours arrived here alighted al
the Europa hotel, and have now left us for Jassy
Our political and military situation are alike un-
| certain, and no one knows what day may bring
forth. Upon one point only all agreed namely
that the departure of the Russians is for the pre-
sent utterly out of the question. The first conse.
quence of this beliefs an advance in the price OF
all the necessaries of life. The commander of the
Waachian forces a:ely applied TO the ministry toi
! considerable supply Of wood +" for the Of the
troops of the regency, stationed on the Danube
| People here, however, persist in believing that
this demand is really made in favor of the Rus
sian soldiery, and they most likely right.
/ Three days ago eight squadrons OF hussars and
! park of artillery arrived here from Purlits and
! Draganescht. The hussars left on the next day
| for Maguerto, and the artillery was stationed at
! Pantriimon, about four miles from here. The
| Russian troops have been moved up from Scher-
| kanetschn to Kaafat, on the Danube, over against
| Widdn.
| Eight days ago. il is said two Russian officers
| at Giurgewo, rowed over to Rustschuk in a boat
and were well received by the Turks, because
they belonged to the Circassian corps. have be
fore told you that desertions had become very fire
quent in the Russian army, even among the Off
GERS, and that it is generally punished with death
Sickness, too, is increasing very fast. lntermlt
tent fever is especially prevalent, and am toll
that the number of invalids is not less than tel
thousand although this statement is probably ex
aggerated.