Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1898-05-19

raid checks Was 10 nluW tho Anm u
called for as credit 10 the said
Farmers Bank OF tho State OF Delaware,
at Dovor aforesaid. in the daily settle
mpnt OF balances of exchange between
the said Farmers Bank Of the State Of
Delaware. ut Dover aforesaid, and tho
euid association, which said allowances
was the Same as cash payment OF
the said check TO the aaid Farmers
Bank of tha State of Delaware at
Dover aforesaid, on the presentation OF
tho said check, and was withdrawal
OF that sum "a called for by the said
check frum thu moneys, fnnda or credith
of the said association; that whom thus
paying tho anid check, as aforesRib, no,
thu said William N. luggs, then and
thare well knew Inc sGid sum of ~, QUO
was not then and there on deposit with
thu said association 10 the crenit Of TIM
said Ezekiel II. Cooper, ana waa not
then and there duo aud owing from
tho said association 10 him, the Haih
Ezekiel Il. Cooper, and the payment
thereof to the saId association wa5 not
then ami thoro In any way secured;
AMI na both tho said William n. lioggs
and tho said Ezekiel Il, Cuaper then
and theTo knew tho sHih Eaokiel 4.
Copper had then and there M manner
Of right and title to tina said 81, 900 or
tn cause the same paid out pursuant TO
tho ordar of the said check, but both
tho Baid William N. B0ggs and the
said Ezekiel Il. Cooper then End there
knew that the drawing OF the uaid
check and it's payment 10y the said
william N. Bogss in the due course OF
collection, as aforesaid, were with tho
fraudulent intent upnn the part OF the
aau Ezekiel Il. Cunper to fraudulently
Obtain and wilfully misapply tho moneys
of the said association, ami both the
eaiu William N. BoGgs and tho said
Ezekiel L. Cooper then and there un-
lawfully tlsvising and intending and
couspiring that the said William n.
Boggs should then anu there appro-
pirate and convert to the uss of the said
Ezekiel L. Cooper the said sum OF
$4,000 from out Of the moneys nf the
said association. which said sum OF
money was, pursuant to the direction
and authorization contained in the
SAID check thereafter, to wit, on the
2lst day Of November, a. d., 1886,
paid by the said association from and
out Of its moneys to the order of tina
said Il. Il. CuthheTt n Co. Az the afure
sail Ezakel L. Cooper in and by the
Haid check then and there directed, and
was then and there appropriated and
converted to the use of the said Ezokiei
T. Cooper whoroupon the said Ezekiel
4. Cooper did then and there know
ingly, wilfully and unlawfully cohspire
with the said William N. Boggs, teller
as aforesaid, TO wilfully misapnly thn
said moneys of tho said association, as
aforesaid, than and there with intent
10 them, the said Ezekiel L. Cooper
and the said William N. Boggs. and in
each OF them, to iniure and defraud
the said association for the purpnse and
In tho manner aforesaid, against the
| peace and dignity OF the United States
and contrary TO tho form of the statute
of the said United States in such case
made and provided"
sEvENTY.Two BALLOTS TAKEN.
1t is statsd that tho jury took Y
ballots. At frat the ballots resulted in
seven votes for conviction and three for
acquittal, with two blanks, but later
the Jurors stood seren for conviction
and five for acquitial. An agreement
was not reached until after Judge
Bradford's explanations respecting the
46th count coming under section $40
nnd the right of the jury to convict on
one count.
Mr. Cooper spent last Tuesday
night at Dover He bad started
during the afternoon for Milford, hui
when he reached Dover be received
from Deputy Marshal CLARK telegram
telling him TO return to this city, and
in consequences no did not continue IN
his intended destination. Owing 10 the
latenesH of the hour at which the telo
gram was delivered, lie could not make
train connection In time to return tC
Wilmington that night
Col. Cooper came to Wilmington yes
terdAy, arriving nj the FodHral Build
ing at 10. % O'Clock. lIe Immediately
proceeded to the court ronm where ht
jnined one Of his attorneys, Levi g.
Bird, who had prsceded him about bal
an hour. Judge Bradfprd ent1rsd the
room at 10. 80 o'clock, ut which tint
about 80 peops including several Ken
countianH, were present.
COMMITTED TO THE MARsUALs CUSTODY
Immediately after Ascending to thu
bench, judge Bradford committed thu
defendant to Marshal Shorts custody
for safekeepiDg until further ordurs ari
given by the court.
Court not having adjourned since
last Friday afternoon. tho formalitiu
incident to the opening Of court die
not take place.
Mr.. Bird inquired whether tho cour
had fixed any tins for sentencing th,
defendant,
! Judge Bradford responded in tn,
negative. and added that motions for {
: | tHa or n nl
we're 10 he male, would have to bl
, nads before sentence was imposetl. Ill
also stated that he would grant tn
aerence sufficient time for making sucl
motions.
At 10. 40 O'Clock, with the permission
of tho court, Messrs. Bird and Coope
retired to Clerk Smiths Office, for thu
purpose of comforting.
Twelve minutes later Mr.. Bird re
turned to the court room and, ascending
to tine bench, Conversed with Judgl
Bradford for Uhrsa minutes.
At 1856 O'Clock Judge Bradford 70
tired TO his chamber, and the cnur
room was vacated.
After calling messenger boy ant
handing him a telegram, Mr.. Bird lef
! the huiliing. 1t ia supposed that tn
message was sent to Senator Gray, wh,
is MI. Birds colleague in tho case.
Col. Cooper, VINO meanwhile hat
! remained In Clerk Smiths Office, thel
D proceeded to Marshal Shorts office.
. Some people imagine that the defence
8 will not ask for new trial or file al
3 application for n writ of error The.
4 say that Col. Cooper now is only con
0 vioted ON ona count in the indictment
6 | md tb,f 10 In Wara In hava n Fetrial h