Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1898-05-26
EZEKIEL 7. COOPER'S FATE
Sentenced to Pay a Fine OF
Five Thousand Dollars.
TO Be IMPRISONED 10 MONTHS
Committed to the New jersey
State Prison.


III lu5 OHllbu r9bdLth DiHbTltb COuTIt
Monday afternoon, Judge Bradford
imposed sentence upon Ezekiel 4.
Cooper, convicted Of conspiring with
William N. Boggs to misapply $4,000
Of the funds Of the First National Bunk
OF Dover. He sentenced him to pay a
fine of $500 and costs and to be inn
prisoned in the New Jersey State
Prison, at Trenton, for term of Is
months.
CONFERENCE REGARDING WRIT OF ERROR
Cooper, who had been brought over
from New Castle by Marshal Short and
Deputy Marshal Clark, arrived at tho
Federal building at |. 40 O'Clock, and
immediately proceeded to Clerk
Smiths Office. whore hs was joined by
one OF his attorneys, levi G. Bird. and
some friends. During the conference.
which consumed an hour, the question
of whether Cooper should ask for a
writ of error was discussed.
Meanwhile about 100 PERSONS, among
whom was ex-Judge Cullen Of George
town, assembled in the court room.
Cooper, n the custody of Marshal
Short and Deputy Marshal Clark and
followed by United States Senator
Richard II. Kenney, Gen. Garrett }.
Hart, private secretary to Senator Ken.
ney; j. franklin Temple, a doorkeeper
OF the United States Senate; William
Dickson, clerk OF the peace Of Kent
county; James Lord, recorder of deeds
of that county; John f. Salisbury OF
Dover and John Barkley of Clayton,
came into court at 2. 40 o'clock, preced-
ing Mr.. Bird and District Attorney
Vandegrift less than minute Judge
bradford appeared five minutes later.
After inquiring whether the court
was open, and receiving an affirmative
rsply,. District Attorney Vandegrift
moved for judgment in Uooper's case.
Judge Bradford told Cooper to riae,
and said: Ezekiel I. Cooper, you have
been found guilty by the verdict nj the
Jury in manner and form as you stand
Indicted in the 46th count Of tho in
iictment returned against you on the
Goth day of April last. Have you any
thing TO say why the judgment of the
law should not be pronounced upon
your"
MIR. BIRDS APPEAL FOR MERCY.
After requesting Conner to be seated,
Mr.. Bird Rddresseds the court, saying /:
In speaking for my client, the defend
ant, there are many reasons why ] might
ask for l0niency when you are about to
pass the sentence of the law upon him.
Your homo: will recall that jury of ~
men, selected from the State, were "a
hours reaching conclusion of any sort,
and that during those "A hours they
notified you more than once Ii was i'm
possible for them to agree You can
infer that the jury firmly believed they
would be kept there until some agree.
ment was reached. | understand that
the jury stood about equal for three
days, when it occurred TO some one on
this jury that they could conrict on enc
count; they wers told they could con-
Wet on one count, conspiracy count
and that with conviction on that count,
under the law, the imprisonment could
not exceed two years, and with thGt in
view tho jury recommended him to the
mercy OF the court. II ia that mercy
that now ask for him. know your
honor will remember ii, for after all II
comes solely within your honor
breast and OF all that has ever been
said of mercy have found that poor
Portals description in the Merchant
OF Venice was the most Rppealing
"The quality OF mercy is not strain d,
1t droppeth as the gentle rain from
Unon ths place beneath: it is twice
bess'd.
1t blesaeth him that gives, and him
that takes:
'Tis mightiest in the mightiest; it be.
cnmes
This thronod monarch better than his
crown:
HIS sceptre shows the force of temporal
power,
Tho attribute to awe and majesty,
| Wherein doth sit the dread and fear oil
kings;
But mercy is above this sceptred sway,
| IL is enthronen in tins hearts of kings
| 1t is an attribute to God Himself. "
"And go with what that dear lady
| said, | leave my client and friend in
your honor's hands, remembering thai
one day we all must look ior mercy" "
Again bidding Cooper to rise, judge
Bradford SAID: "The jury recommended
you to tho mercy of the court; and the
court will give heed to that recommen'
dation. And now, to wit, this 23d day
court that tho jury have found you,
LJAohlbl L. 1oOHuIi Buiity III hluuhot
| and form as you stand indicted 10 the
10th count of the indictment returned
| against you IN the Goth day of Apri
last, it is considered and adjudged by
the court now here, by virtue of and
pursuant TO section 5440 Of the Revised
| Statutes of the United States, as
amended by ths act of Congress of May
18th, 1879, that you, Ezekiel I. Cooper,
do forfeit and pay to the United States a
fine of So, 600 and the costs of this prose
cution; and further, that you. ,Ezekiel
T. Cooper, be imprisoned in the New
Jersey State Prison, at Trenton, New
Jersey, for the term of is months, be-
| ginning on this day aud ending on the
22d day of November, A. d. 1890; ami
you are now committed to the custody
of the United States marshal of the
District of Delaware in order that the
foregoing sentence may be Carried into
execution. " ....
sTUNG By THE SENTENCE.
While the sentence was being pro.
nounced, Cooper's face became slightly
pale, and the muscles of his mouth
twitched.
At 3 O'Clock the court room was
vacant, and Cooper, who had returned
to Clerk Smiths office, was conyersing
with many of his friends. who hac
called to bid him GOOD -hye. lie seemed
TO be in jolly mood, and ohatted with
theln for nearly an hour. Marshal Short
and Deputy Marshal Clark could have