The sun. (Wilmington, Del.) 1897-19??, 1898-04-27
C9OPER'S TRIAL POSTPONED.
Until Monday at the Request of
the District Attorney.
OTHER EVIDENCE IL WANTED
The Assignee of T.. b. Cuthbert & Co.,
Failed to Produce the Proper
Books and Judge Bradford
Granted More Time.

u The trial OF Col. Ezekiel T. Cooper,
one of the indicted looters OF the First
National Bank of Dover, which was to
have came up in the United States Dis
tlict Court yesterday, has been postponed
at he instigation OF United States Dis
trict Attorney Lewis c. Vandegrift until
Monday next.
1t is quite possible that the trial may
even then be postponed for three or four
days as Levi G. Bird, Esq, one of the
counsel for Col. Cooper will have to at
tend to an important business matter on
Tuesday next.
When the court convened in the Fed
cra building at 1915 o'clock yesterday
moning all the petit jurors were present
with the exception OF Lucius P.Campbel
OF Duck Creek hundred and Alonzo S.
Whitlock OF Appoquinimink hundred,
District Attorney Nandegrift, after the
cal of the roll addressed Judge Brad
ford and said: "Nlay it please the Court,
today was the day set for the trial of the
Government VS.. Ezekiel T. Cooper. Last
week counsel for the defense asked for a
postponemem until next Thursday.
Under all the circumstances both sides
would have been ready by that time but
for certain documentary evidence.
'Two weeks ago subpoena was issued
by this court ON the assignee Of New
York brokerage firm. The books were
produced here this morning and find
they are not what is required. will be
neccssitated to go to New York myself
and cannot be ready for trial on
Thursday morning at 10 o'clock. There
fore ask for the pnstponement Of the
case until next Monday morning at ll.3O
O'Clock"
Mr.. Levi c. Bird, who represents
Cooper, said: II am willing at all times
to accommodate counsel, but cannot
agree in this instance.
''sMy colleague, Senator Gray, has been
out of Washington. He has been at
tending the funeral OF Senator Waltham
in Mississippi. He will be here on Thurs
day. This is Tuesday morning. Thel
books certainly can be here on Thursday
morning. III
~ do not knowif tile books will be
,fda6iasaft fdoa6iasaf t}bturt6 admit them az any time
Let the marshal 60 and bring the books
and the man too. ,s
.sThe witnesses for the defense have
been summoned. This is not d case Tor |
me- 10 stand alone. On Tuesday | have
an appointment at Dover.
81 must be there. neglected on former
occasions to appear before the Board OF
Pardons in behalf OF my client, Jerry
Harrigan, and I must 60 onsnext Tues |
day."
Mr., Vandegriit, tie prosecuting at
torney, stated that he is given no assist
ance bv the Government. He stands
alone in this case. The interests OF
Justice demand that these books be
here.
"rhe Government he continued, lis
not here as a prosecutor. Both sides are TO
he fairly dealt with and do not want
to 90 to trial in this case until know
the surroundings and bearings
Judge Bradford reviewed the situation
and said that SO long as he is on the
bench his course shall he to have fair
showing Of all the evidence in the case
on both sides to the jury. Then the jury
will feel they had all the facts possible
to be procured and they can give. a fart
impartial verdict on the evidence.
After consultation between MIR. \ande-
grift and Mr.. Bird the jurors we're dis
charged until next Monday morning at
II 80 o'clock.
It is understood that Judge Bradford
and Messrs. Vandegrift and Bird will
confer meanwhile relative to a further
continuance. Of Cooper's trial il Mon
dav is unsatisfactory to Mr.: Bird Tor
the commencement of the trial.
It il also understood that the DooEs
that Mr.. Vanlegritt is anxious to obtain
are the books Of the late firm OF +. Il.
Cuthbert 4 Co.. stock brokers, OF New
York City.
Thomas S. Clark, who was indicted:
on Monday. III the charge OF aiding ana
abetting William n. Boegs in the en-
bpzzlemcnt Of $1,000 from the FIRST
National Bank, Dover, and consplrlng
with Boggs to commit an offence against
the United States, came up from Dover
Yesterday morning, but was not at the
Federal Building.
His counsel, John Biggs. was in the
court room. however, during the tilt re-
garding the discharge of the petit jury
until next Monday. -.
1t is stated that in finding true bhls
against Boggs Cooper and Clafk non"
of the grand Jurors dissented. :,
While Messrs. Vandegrift and Bird
were comforting, ex-senator Higgins
withdrew a security for costs in the
matter of the petition of William Welnert
a.ainst the steamer lAurada.