The sun. (Wilmington, Del.) 1897-19??, 1898-05-14
THE CHARGE TO THE JURY
TO Be DELIVERED THIS AFTERNOON
Closing Scenes in the Famous
Trial of E. T. Cooper for
Looting a Bank.
DEFENDANT WEPT At A REMARK 0F HIS counsel
The Addresses of Levi C.. Bird,
ESQ.,, and United States Dis
trict Attorney Vandegrift
BELIEVED THAT THE JURY MAY AGREE TO DISAGREE

At 2.3O o'clock this afternoon Judge
Bradford of the United States District
Court will charge the jury in the case o1
Col. Ezekiel T. Cooper, who has been on
trial the past eight days charged with
aiding and abetting William n. Boggs in
defrauding the First National Bank Of
Dover.
All of yesterday up to $50 o'clock in
the afternoon was consumed by Lew Z.
Bird ESQ.,, counsel for Colonel Cooper
who made the closing address for the de.
fence and was followed by United State:
District Attorney Lewis G. Nandegrift
closing for the government.
Immediately after the opening OF court
Yesterday morning, District Attorney
Nandegrift announced that he would
withdraw the conspiracy count of the in
dictment, and stand alone on the counts
respecting the aiding and abetting OF
Boggs to embezzle.
1t was nearly 1890 O'Clock when Mr..
Bird began the closing address for the
defence. During his plea he said
"Boggs, like all criminals, has come
back to wash his guilt away, has come
back loaded with sin, has come back to
have innocent hands stepped with his in
crime"
After referring to the indictment as
"a pleasant summer days reading Mr..
BIRD said: The defendant has not
denied, on the contrary he published in
tile newspapers Jf the State before the
grand Jury took any action, that he gave
the checks. Did the district attorney
suppose that the checks. would be put on
the tail of a kite? What did the dis
trct attorney think would have become
of the checks if they would not be put
in the First National Bank of Dover
Take Boggs out, take Cooper's admission
out, will that prove the intent? DO the
receipts of f. B. Cuthbert 4 Co., show
the intent? Where did the district at
torney expect the checks to go if not tc
Dover? They were given to be paid.
Cooper believed that they would be paid
out of Boggs' funds. You need not have
taken seven days to have found this out;
you could have found it out in eight
hours.
Continuing, Mr.. Bird said: John II.
Bateman, who was cashier Of the First
National Bank, was not put on the wit
ness stand and asked whether Cashier
Morris of the Farmers Bank had in
CURED in his presence ii Cooper's checks
we're good. Bateman, like Cooper, be-
lieved that Boggs lad money to meet
the checks. DO you believe that
Morris supposed that the banks funds
were being used to pay the checks? II
Morris believed that the banks funds
were being used, he is as bad criminal
as Boggs.
Reviewing some of Boggs' gambling
transactions, Mr.. Bird said that Boggs
was in crime up to his elbows.
Mr.. Bird compared Cooper's stock
transactions with those of Gen. Grant,
and asked whether anybody had ever
thought that Gen. Grant aided and
abetted Ward and others who were sent
to Jail for victimizing people in stock
speculations.
After aluding to Boggs' doings, Mr.
Bird sarcastically declared that Boggs
is too good to live and eat with crimi-
nals,a and that he lives in private quarters
and eats in the sheriff's paror.
Continuing, Mr. Bird said: Before you
can convict Cooper, you must believe
that before he signed the checks he
thought Boggs would pay them out of
the banks funds. My friend, the dis
trict attorney, seemed astonished that
we brought gamblers here to prove that
Boggs gambled. Did he suppose that we
would bring Sunday school teachers?
Did he suppose that we would bring
members OF the Wilmington Conference?
daughter Presiding Elder Watt, the
Revs. f. f. White, S. r. Maxwell,
George Hall and G. L. Wolfe and other
ministers were present, and they Joined
in the laugh.
To emphasize the claim of the defence
that it was generally known in Dover
that Boggs was heavy winner, Mr..
Bird said that John +. Salisbury had
testified that Boggs told him that he had
made $23, 900. You know Mr.. Salisbury,
smilingly commented Mr.. Bird, and you
know that he could not keep that infor-
nation secret even if he had been told
not to reveal it. Can't you hear Mr..
Mr.. Salisbury say when he met crowd:
Gust think boys, Boggs tells me that he
has won $23,000w Laughter.
Next Mr. Bird alluded to Vausants
testimony and Nansant's admission that
he owes Boggs money. Commenting
thereon, Mr.. Bird said that he supposed
that Boggs had skinned Vansant from
his shoes to his paper collar. (Laughter.)
Boggs joined in the laugh.
Continuing Mr. Bird said: Boggs was