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Richmond Enquirer- A man was lately arrested
in Monongalia County, VA charged with having forged and counterfeited a power of attorney and the certificates
authenticating the same, whereby money was drawn from the Branch Bank of The United States at Richmond. The case
was as follows, Ezekiel Burrows an old revolutionary solider, obtained the provisions of the law of the United
States of the 18th of March 1818 - and in the latter part of the same month died. Rawley Evans Esqr. of Morgantown,
while at Richmond in Oct last, in a conversation with Jermau Baker Esqr. the Treasurer of the Commonwealth, was
informed by Mr. Baker that he had lately drawn the pension of Ezekiel Burrows, and transmitted it to a certain
Jonathan Tenant in the County of Monongalia, as directed by Burrows in the letter which enclosed the power of attorney.
Mr. Evans recollecting to have heard of the death of Burrows, and knowing that no man resided in Monongalia; suspected
a fraud and procured a copy of the power of attorney and the letter in which it was enclosed to Mr. Baker. The
power was dated the 3rd of April 1820 and appeared duly authenticated by the certificate of two Justices of the
Peace of Monongalia County. The letter to Mr. Baker was as follows.
Suspicion following upon this man, he was accordingly brought before a Justine of the Peace in Morgantown. It appeared
by the testimony of the Post Master at Barue's Mills that the prisoner had taken out of his office, a letter directed
to Jonathan Tenant. Other witnesses proved facts which went to establish the guilt of the prisoner. The Justice
after hearing the testimony committed him to jail and issued his warrant to the sheriff to summon a Court for the
examination of the fact. A court consisting of five Justices of the Peace convened on the 23rd of November in obedience
to the summons. Mr. T. Wilson and Mr. Mines, the counsel for the prisoner moved the Court to discharge him because
the evidence with which he was charged (if committed) was committed against the laws of the United States, and
was not punishable by the laws of Virginia ... That the United States were the party offended and that the U.S.
Court alone had cognizance of the case - that if the prisoner should be tried and acquitted by the State court,
he could not please autrafois acquit to an indictment in a Federal Court. The case of the Commonwealth vs Archabald
decided by his houour, Judge Smith in the Superior Court of law of Monongalia County was cited. In that case Archabald
was indicted for robbing the U.S. amil of which he was carrier; and upon a de ----- plea to the jurisdiction of
the Court, it was decided that the Court had no jurisdiction of the offence charged in the indictment.
Mr. McGee who appeared on behalf of the prosecution (Mr. Gay the attorney for the Commonwealth being absent from
indisposition) wished the Court to adjourn until the Saturday following. He stated that he had been from home in
company with Mr. Gay who met with an accident that rendered him unable to travel - that totally ignorant of the
case he had hurried home to attend to it for Mr. Gay - that he had arrived just was the Court commenced the examination
- that he was not convinced by the arguments of the opposite counsel, that the position taken by them was correct,
and therefore desired time to examine the point presented for the consideration of the Court.
The members of the Court (a majority) being satisfied that they had no cognizance of the matter, the prisoner was
discharged.
[From the Monongalia Herald, Jan. 20, 1821 - Submitted by persodb]
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