The sun. (Wilmington, Del.) 1897-19??, 1898-05-15
The Jury Locked Up in Their
Room i'm the Federal
Building.
GROWING BELIEF THAT THE JURORS WILL DISAGREE

Judge Bradford yesterday afternoon a
2.3O o'clock charged the jury in the cast
of Colonel Ezekiel I. Cooper, charged
with aiding and abetting William N
Bcggs in the lootng of The First Nationa
Bank of Dover.
The charge was listened to witt
marked attention by the persons who
thronged the United States District Courl
room in the Federal Building.
The court commenced addressing the
jury at 2.40 o'clock and concluded at
$50 o'clock.
Five minutes later the jury had retired
and they are now under lock and key,
they not having reached a verdict at
$50 last evening, the hour which Judge
Bradford specified he would wait
The charge of the court was directly
against Cooper, and as the jury has been
ont this long it is fully expected that
they will disagree.
Ii this is the case, the bank officials, it
is stated on good authority will ask for a
change of venue and the case will then
90 to Treton, n. j., or some other point,
The charge of the court, which was
able was as follows:
GENTLEMEN OF THE JURY:
The indictment charges the defendant,
Ezekiel I. Cooper, with violating sec
tions 52O9 and 5440 of the Revised Stat
: utes of the United States The former
section is as follows:
Every president director, cashier,
teller clerk or agent of any association
who embczzles, abstracts or wilfully mis-
applies any of the moneys, funds or
credits of the association; or who, with
out authority from the directors, issues
or puts in circulation any of the notes OF
the association; or who, without such
authority issues or puts forth any GER
tificalc of deposit, draws any any order
or bill Of exchange, makes any accept
.1nce, assigns any notes, bonds, draft,
bill OF exchange, mortgage, Judgment or
decree; or who makes any false entry in
any book, report or statement of the
association, with intent in either case to,
injure or defraud the association or any
other company, body polite or corporate,
or any individual person, or to deceive
any officer Of the association or agent APP
pointed to examine affairs Of any such
association; and every person with like
intent, aids or abets any officer, clerk or
agent in any violation of this section,
shall be deemed guilty of a misdemeaner
and shall be imprisoned not less than
five years nor more than ten.
Section 544O If two or more persons
conspre either to commit any offcnse
against the United States, or to defraud
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 penalty of
not less than $1,000 and not more tl@n
$50, GOO and to imprisonment Of not more
than two years.
The words "any association" as used
in section 300, above read, relate to any
national banking association organized
under the laws of the United States.
The First National Bank of Dover in this
district admittedly is such an assoca-
tion.
The indictment against the defendant
as returned to this court included forty
six counts numbered serially The first
thirteen counts charge the defendant
with aiding and abetting William n.
Boggs to embezzle the moneys, funds or
credits Of The First National Bank of
Dover The fortieth, forty-frst and
forty.second counts charge the defend |
ant with conspiring with William n.
Boggs to embezzIe the moneys funds or
credits of that bank. These counts hav-
ing been abandoned by tie district at
torney are not for your consideration. |
You will bear in mind the numbers of
The counts just mentioned, which have
been abandoned, in order to avoid con.
fusing any of them with other counts in
jhe Indictment. ! rpeat, to aid your
and prevent any misunder-
Standing on your part, that the counts
which you are not to consider are the
irst thirteen counts and the fortieth,
orty-tirst and forty-sccond counts of the
All the remaining counts
II the Indictment are for your consider.
'ton in connection with the evidence
applicable to them and embrace all the
ssnes which are for your determination.
The counts numbered from fourteen to
wenty'seven, both inclusive, in sub
tance charge that the defendant did,
With intent to inure and deiraud The
'irst National Bank of Dover, aid and
lbet William n. Bnggs, who was the tel
er, unlawfnly to abstract the moneys,
unds or credits of that bank for the use,
,enefit and advantage of the defendant.
William n. Boggs having the intent