Middletown transcript., 1898-05-21
cor. ooopER coNYIcTEn.

First National Bank Of Dover brought in {
verdict ofguilty on.the forty-sixth count O
the long Indictment. 1t appears from re-
ports that the jury was about evenly di
yided between guilty and not guilty. The
vote is said to have been at one time sever
for conviction and five for acquital. The
verdict is one of compromise, as many YER
diets are, and was accompanied with rec
ommendation of mercy to the Court. The
punishment is Imprisonment not longer
than two years and a fine from $1,000 to
10000 in the discretion of the court
The count Of the indictment upon which
the jury agreed to convict is as follows;
46-And the grand jurors aforesaid,
upon their respective oaths and af1rmations
respectively do further present.
That Ezekiel T. Cooper, late of the dis
trict of Delaware, yeoman, on the twenty
first day of November, A. D., eighteen hun
dred and ninety-six, at the district afore-
said, did knowingly wilfully, unlawfully
and fraudulently conspire with one Will
liam N Boggs to commit an offense against
the United States for the purpose herein
after stated, and in the manner and by the
means following, that is to say: he, the said
William N. Boggs was then and there tel
Ter of a certain national banking associa-
tion, then and there known and desig mated
as "The First National Bank of Dover"
which said association had been therefore
duly organized and established, and was
then existing and doing business at the
town of Dover, in the State of Delaware
aforesaid, under the laws of the United
States, and the said Ezekiel T. Cooper, and
the said William N. Boggs, teller as afore-
said, did then and there knowingly, un-
lawfully and fraudenty conspire then and
there to wilfully misappIy certain large
amount of the moneys then and there be-
longing to the said association, then and
there with intent in them. the said Ezekiel
7. Cooper and the said William N. Boggs,
to,injure and defraud the said association,
for the use. benefit and advantage of him,
the said Ezekiel 7. Cooper, that is to say
certain check was on or about the TWEEN
tieth day of November, A. D., eighteen
hundred and ninety-six drawn by the said
Ezekiel 7. Cooper in and by the name of e.
7. Cooper upon the said national banking
association pay able to the order of GER
tain person or certain persons by the name
of e. B. Cuthbert & Co., for the sum of
three thousand dollars and by said person
or persons duly endorsed That said check
so endorsed was thereupon through the
usual channels, forwarded to the Farmers
Bank of the State of Delaware" at Dover
aforesaid, for presentation and collection
and said check was on the twenty first day
of November, A. d., eighteen hundred and
ninety-six, presented by the said Farmers
Bank to the said banking association of
the said VIM. N. Boggs was then and there
teller as aforesaid, and the said sum Of
three thousand dollars was then and there
paid by the said William N. Boggs as tel Ter
as aforesaid, out of the moneys of said as
sociation without the knowledge or con-
sent of said association or its board of di-
rectors, the means in and by which the
said William n. Boggs then and there paid
said check was to allow the sum it called
for, as a credit to the said Farmers Bank
of the State of Delaware, at Dover afore-
said, and said association, which said al
lowance was the same as a cash payment
OF said check to said Farmers Bank of the
State Of Delaware, at Dover aforesaid, on
presentation of said check and was with
drawal of that sum as called for by said
check from the moneys, funds or credits of
said association. That When thus paying
said check as aforesaid he, the said Will
lam N. Boggs, then and there well knew
the. said sum of three thousand dol
lars was not then and there on deposit
with the said association to the credit of
the said Ezekiel T. Cooper, was not then
and there due and owing from the said as
sociation TO him the said Ezekiel T. Cooper
and the repayment thereof to the said as
sociation was not then and there in any
way secured, and as both the said William |
N. Boggs and the said Ezekiel T. Cooper
then and there knew the said Ezekiel T. |
Cooper had then and there no manner Of |
right and title to said three thousand dol |
lars or to have the same paid out pursuant |
to the order of said check, but both the |
said William n Boggs and the said Eek |
iel T. Cooper then AND there knew that the
drawing of said check and its payment by
n. 3oggs in due course of collec-
tion as aforesaid, were with fraudulent in
tent upon the part of said Ezekiel T Cooper
to fraudlantly obtain and wiifully misapply
The moneys of said association, and bo th /
the said William N. Boggs and the said
Ezekiel 7. Cooper then and there unlaW-
fully devising and intending and conspir-
ing that the said William N. Boggs should
shen and there appropriate and convert
q the use Of the said Ezekiel T. Cooper the
'aid sum of three thousand dollars from
ind out Of the moneys of the said associa-
,iation. which said sum of money was pur-
'uant to the direction and authorization
in the said check thereafter, to
Wit, on the twenty-frst day of November,
d., eighteen hundred and niney-six.
'did by the said association from and out
If its moneys, to the order Of said E. B.
Juthbert & Co., as the said Ezekiel I.
cooper, in and by said check then and
lirected, and then and there appropriated
md converted to the use of the said Ezek-
Ell 7. Cooper. Whereupon the said Eek.
Ell I. Cooper did then and there knowingly
vilfully and unlawfully conspire with the
aid William N. Boggs. teller as aforesaid,
knowingly, unlawfully, and fraudulently,
Q Wilfuily misapply said moneys of said
'ssociation. as aforesaid, then and there
yith intent in them, the said Ezekiel T.
cooper and the said William N. Boggs, and
n each of them. to injure and defraud the
aid association for the purpose and in the
manner, against the peace and dignity Of
be United States and contrary to the form
4 the statue of the said United States in
uch cases made and provided"
FROM FRIDAYS EVERY EVENING"
Ezekiel 7. Cooper convicted in the United
tates District Court of violating section
40 of the Revised Statutes of the United
tates, remained at the Office of Levi G.