The sun. (Wilmington, Del.) 1897-19??, 1898-05-18
col. E. 7. COOPER CONVICTED
on FORTY sixth COUNT
Jury Decides That He Misap-
piled $4,000 of the Moneys
of the First National
Bank of Dover.
THE COLONEL IS NOW At MILFORD ON BUSINESS
Certain Rights Claimed by Levi
C. Bird, ESQ.,, Counsel for
the Defendant.
HOW THE NEWS WAS RECEIVED IN WILMINGTON

CoNvIcTED-Colone, Ezekic' I. Cooper
of Milford, lawyer, politician, travele'
gentleman and editor of paper, wa
convicted late yesterday afternoon il
the United States Circuit Court, on th
charge of conspiring and misapplyin!
n.oney of the First National Bank 0
Dover and using the same for his owl
individual benefit.
The jury had been out since Saturda,
afternoon of last week, they retiring tt
their room in the Federal building a,
3.55 o'clock. They returned with YER
dict at $50 yesterday afternoon, and
were consequently in consultation just
"A hours.
At 4.30 o'clock yesterday afternoon
Bailff Gallaher gave communication
to the United States Commissioners
Clerk Mehaffy, and he in turn presented
it to Judge Bradford. The communica'
ton requested the court to instruct on a
certain question and he directed that
counsel for both sides be summoned.
=, United States District Attorney Lewis
c. Vandegrift, ITO whose suntiring efforts
the conviction was partly due, was the
first to arrive at the Federal building and
he stated that Mr. Bird could not be
found.
The Jurors .were then ordered to the
court room and Judge Bradford stated
that he could not yet enlighten them on
the questions propounded as an impera-
tive RUE of law was that he could not
give them instructions without the pres
ence of the defendant or his counsel. He
then told them to retire and as soon as
Mr.. Bird appeared he would apprisc
them.
Mr.. Bird arrived at 80 p. M, and
after the jury had been polled Judge
Bradford stated that he would answer
both of the questions in the affirmative,
namely that forty-six count in the in
dictment was under section 544O of the
Revised Statutes of the United States
and that they could bring in a verdict in
one count in the indictment.
The jury was about to retire when
Juror Holland through Foreman Cam
asked Judge Bradford to read that sec
ton He did 50 as follows:
Section $40. If two or more persons
conspire either to commit any otfense
against the United States, or to defriud
the United States in any manner or for
any purpose and one or more OF such
parties do any act to effect the object of
the conspiracy, all the parties to such
conspiracy shall be liable to a penalty of
not less than $1,000 and not more than
$4,000 and to imprisonment OF not more
than two years.
The jury again retired and at 30 p.
m, they filed into the court room, took
their seats and were paneled by Clerk
Smith. Mr.. Smith then said Gentlemen
of the Jury have you agreed upon YER
dict"
An signilied that they had by noddng
their heads in the affirmative.
"Who shall answer for your
"Our foreman" was the reply. 'Mr.
continued Mr.. Smith, chow
do you find the defendant guilty in
manner and form as he stands indicted
or not guilty."
"The jury find the defendant guilty in
manner and form as indicted under count
i6, with recommendation to the mercy
Of the court"
Mr.. Bird then arc .e and asked to have
the jury poled. Clerk Smith said:
Gentlemen of the jury, hearken to your
verdict as the court has recorded it.
Your foreman says the defendant, Ezc-
kiel r. Cooper is guilty. in manner and
form as he stands indicted under count
~. with Recommendation to the mercy
af the court, and so say you ALL
The jnry was then polled and each
man when asked If shis was their YER
licr replied in the affirmative.
Colonel Cooper was absent during the
sking Of the verdict, his counsel, Mr..