Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1898-05-19
COL. &. 7. COOPER CONVICTED
OF Consplring With William
NJ. Boggs to Commit
OFFENCE AGAINST UNITED STATES
Guilty of Forty-sixth Count of
Indictment.


In the United Sta;sH District Court,
Tuesday afternoon, Col. Ezekiel L.
Cooper, editor Of the Milford Herald.
was convicted of violating section 5i40
Of tho Revised Statutes Of the United
States, and recommended 10 the mercy
Ut the court. The case had heen in
the iury'a hands exactly "A hours.
Section 5ii0 Ia aa fullows II two or
more porsnns couspire either 10 commit
any offence against the United States,
or to deirand ths United States in any
manner or for any purpose. and ono ar
more of such parties do any act TO
effect the ject Of the conspiracy, all
tho parties to euch conspiracy shall be
liable to q penalty of not loss than
81, 600 and not more than $40, ono, anu
to Imprisonment not moro than two
years. F"
INSTRUCTION REQUESTED HY TUE JURY.
The jury sent, at 4. 30 o'clock, a motto
to Judge Bradford, nsking for in
Htruction "a to whethor the 46th count
Of the indictment was under section
5ii0 and whether q verdict could be
rendered. on one count. Judge Bradford
directed Deputy Clerk Nahaify to eend
for the counsel. and he telephoned to
the Law Offices of District Attorney
Vandegrift and Levi 9. Bird. MIR.
| Vanderbilt responded Immediately, hut
Mr.. Bird, not being at bis o1ice, could
not be reached.
The jury entered the court room Mt )
O'Clock. when Judge Bradford told tho
| jurors that it is I'M imperative rule OF
law that the court cnnnut give to a
| Jury instruction upon any question with
/ M thu ,,f W flafnn1a nj 10
counsel. After informing them that he
would send for Mr. Bird and notify
them when he arrived, the judge asked
BailiIf Gallaber to escort them back to
their chamber,
Mr.. Bird arrival at 8. As o'clock, and
the jurors were promptly summoned to
tho court room. Judge Bradford then
announced that no would answer both
questions in the affirmative, that the
46th count was under section hilO and
the jury cUuldMender verdict on one
count. After exchanging few words
with Juror Holland, Foreman Cam re.
qrested that section ti40 be read, which
was dupe. Next, the foreman asked
TINT the jury he permitted to retire for
few minutes, which request was
granted. Judge Bradford and the coun-
sci remained in the court room, to
which the jury returned at o. 80 o'clock.
GUILTY OF CONSPIRACY.
Clerk Smith called the defer dant,
and Mr. Bird answered for him. MIR.
Bird explained that Col. Cooper had
gone to Milford during the afternoon
for the purpose of transacting some
business, and added that he would have
him in court at 10 o. clock this morning.
After calling the panel, Clerk Smith
asked: Gentlemen of the jury have
you agreed upon your verdlctH"
The jurors signifed their assent by
nodding.
Clerk Smith asked: "Who shall
anawer for you?h
Tho Jurors replied: "Our foreman. ~
Clerk Smith HalSed: mir. foreman
how do you find the defendant, Ezekie
4. Cooper, guilty in the manner and
form ~ he stands indicted, or mol
guilty?"
Foreman Cam replied: "Tho jury
finds the defendant guilty in the
manner and form as he stands indicted
, under the 46th count, with recon
mendation to the mercy of the court. .
Clerk Smith recorded the verdict.
Mr.. Bird requested that the Jury bt
, polled.
Clerk Smith said Gentlemen OF thu
jury heurkon to your verdict as TIM
! court hath recorded 1T; your foreman
aays the defendant, Ezekiel L. Cooper
lie guilty in the manner aud form as hi
stands indicted under the 10th count
with recommendation TO the mercy U
/ the court, ami go say ye all?" Next
, Clerk Smith called the name of eacl
: juror and asked him If that were hi
, verdict, and each replied; :" 1t Is,"
, Turning to the jurors, Judge Brad
ford said: "Gentlemen Of the jury, j,
discharging you, the court desires 4
say that it regrets exceedingly that yo'
. have been SO long deprived of tb
,. comforts of life. The evidence wa
= voluminouH, and it was case which
in the enrneyt judgment Of the court
demanded the most serious and full
4, personal conviction that you have fully
fairly and faithfully performed you
duty. You are discharged. .
During these proceedings, few peopl
4 were present.
/ THE FoRTY.sIXTn COUNT.
a The 4Gth count was tho last one Il
+, the indictment. 1t was as follows
y Ezekiel Il. Cooper, late of the Dis
y trict Of Delaware, yeuman, on tho 2ls
day of November, A. d., 1896, at tn
district aforesaid. did knowingly, will
fully, unlawfully and fraudently con
+ spirs with one William N. Boggs t
i commit an offence against the Onite
n States for tho purpose hereinafte
b stated and 10 the manner and By th
II means following. that is tn say: tie
It the said William N. Boggs, was the
and there teller of certain nationa
banking association then nnd ther
known and designated as the FirH
o National Bank of Dover. which sai
% association had been thoretofure dull
d organized and established and was the
n existing mud doing business at tn
10 town of Dover, in the State ami Dis
:, trict of Delaware, under tine laws G
1t the United States and the said Ezekit
N +. Cooper ana the said William n
10 Boggs, teller as aforesaid, did then an
10 there knowingly, unlawfully an
}. fraudently conspire then aud there
), wilfully misapply certain larg
l. amount of the moneys then and ther
belonging to tina said association the
and there with intent 10 thvm, the sal
Ezekiel Il. Cooper and the said Willial
81 N. Boggs, to injure and defraud III
]. said association for the use, henof
10 and advantage of him. the said Ezekil
p. 4. Cooper that is TO say a certai
check was, on or ahout the goth day {
November. A. D., 1896, drawn by til
said Ezskiel II. Cooper in aud by Ii
3 name OF EznlSiel 4. Hooper upon tt
Haid national banking association pa!
able to the order of a rertain person {
g certain persons by tho name OF h. |