Evening journal., 1898-05-18
COOPER IN CUSTODY.
Jury Found Him Guilty on the
4oth Count.
SENATOR GRAY MUST BE SEEN.
THOMAS CLARK'S CASE WILL BE
CONTINUED, BUT THE GOVERN
MBNT WANTS NEW BONDSNIEN.

Colonel E. T. Cooper has been ad-
Judged guilty by twelve Cf his country
men of the forty-sixth count, found by
the government against him, in aiding
and abetting William N. BOggs to In
lure and defraud the First National
Bank, of Dover.
The jury, when it returned yesterday
evening at 5.55 o'clock, had been out
seventy-four and a-quarter hours, and
in that time seventy-one ballots were
taken. The jurors made every effort to
agree, but Messrs. Cann, DurOss and
Jester were firm for acquittal. All dur
ing the balloting the standing of the
iury was six TO six for acquital, and
only once did the government have
seven for conviction. The compromise
ballot was not reached until late yes
terday afternoon, and when a note was
passed from the jury room to Court
Crier Gallagher, who was on watch, the
word was passed that the jury had
agreed.
Such was the case. The note was for
Judge Bradford and when it was re-
turned. the jury filed out of its room
and entered the court room. When the
I twelve men took their seats Judge
Bradford announced that, as counsel
/ for the defence and counsel for the
| government were absent, he could not
| instruct them. He then ordered Mr..
Vandegrift and Mr.. Bird to be sent for,
! and in a few minutes both attorneys
entered the court.
Judge Bradford then informed the
| jurors, in answer to their note, which
had reference to finding a verdict on
| the fOrty-sixth count, that verdict
could be given under one count in the
| Indictment and that count forty-siX
came under the provision of section
5,440. Foreman Cam, at the request of
Juror Holland. asked the court to read
the section. which was done. It reads:
Section 5.44O.-If two or more per
sons conspire either to commit any Of
fense against the United States, or tC
defraud the United States in any man
ner or for amy purpose, and one O1
more Of such parties do any act to ef
feet the object of the conspiracy. al
the parties to such conspiracy shall b
liable to a penalty of not less than on'
thousand dollars, and to Imprisonment
not more than two years.
The jury returned to its room and il
few minutes walked back into tn
court room again. After the rOll-cal
Colonel COOper's name was called, bu
there was no response until Mr.. Bir
said that his client was in Milford ol
business, and would not return unit
to-day. Clerk Smith then asked tn
] jury if it had agreed upon a verdict
2 and it said that it had.
Foreman Cam then handed TO Cler
o Smith a piece of yellow paper, o
e (which was written: The jury finds tn
! | defendant guilty in manner and fOrl
e as indicted under count No. as, with
: recommendation Of mercy to th
p | court"
!. The jury was then polled and eac
$ man gave an affirmative reply to tf
- | verdict.
o Attorney Bird moved for an arrest {
T. Judgment and a new trial. The jur
: was then dismissed until Tuesda
n morning next, when Thomas S. Clark
j. trial begins.
= After the jurors returned TO the
: room Foreman Cam broke down an
l. wept He is a close friend of COlOnl
e Cooper. and several of the other juror
were much affected.
The full text of count No. 46, O
- which Colonel Cooper was fOun
n guilty, is as follows:
No. 46.-And the grand jurors afOr
= said, upon their respective Oaths an
q affirmatiOns respectively do furthl
,r present:
II That Ezekiel T. Cooper, late Of II
le district Of Delaware, yeoman, on u
le twenty-frst day CT November A.
se eighteen hundred and ninety-six, at Il
"a district aforesaid did knowingly, vi
IS fully, unlawfully and fraudulently CO
t spire with one William n. BOggs
. commit an Offense against the Unit
States for the purpose hereinaft
re stated and in the manner and by Z
means following, that is to say:
ty the said William N. Boggs was tn
and there teller of a certain nation
MS banking association, then and the
known and designated as The FIJI
- | National Bank of Dover" which sa
Y | association had been therefore duly
~ ganized and established and was tn
or lexisting and doing business at the toy
At of Dover, in the state and district
o" Delaware, aforesaid, under the laws
the United States, and the said Eek
= T. Cooper and the said William
Boggs. teller as aforesaid, did tn
. and there knowingly, unlawfully a
.fraudulently cOnspire then and th'
to wilfully misapply certain lal
: amount Of the moneys then and thl
1 UElOUkluk
y and there with intent in them, the 81
q Ezekiel r. Cooper and the said w
liam n. Boggs, to injure and defra
the said association. for the use, bel
fit and advantage Of him, the said r
. kiel T. Cooper, that is to say, c
: tain check was on or about the tw'
: tieth day of November A. d. eight'
hundred and ninety-siX, drawn by
said Ezekiel T. Cooper upon the S
national banking association paya
to the order of a certain person or c
tain persons by the name Of Il. B. Gu
bert & Co., for the sum of three tn
sand dollars and by said person or =
sons duly endorsed.
That said check so endorsed y
thereupon through the usual chann
forwarded TO the Farmers Bank
the State of Delaware" at Dover aft
said, for presentation and collect
and said check was on the twenty-f
day of November, A. ID. eighteen h
dred and ninety-six, presented by
said Farmers Bank to the said ba
ing association of which the said y
lain N. Boggs was then and there
Ing. Ter as aforesaid, and the said sun
- | thrcn fhOpcapd Iol1orc rrror fhou