The sun. (Wilmington, Del.) 1897-19??, 1898-05-07


United States Court, in session in the
Federal building, yesterday morning, by
remark made by Judge Bradford dur
ing the trial OF Col. Ezekiel I. Cooper,
for assisting in looting the First Ma
tional Bank OF Dover
The contention occurred over the al.
mission of check as evidence and after
argument of both sides Judge Bradford
turned to the counsel for the defense and
said:
cat the beginning OF this trial you
had not entered demurrers or made a
motion to quash the indictment, but had
yo,, made such motion at the proper
time might have been inclined to grant
it. might have done this. let 1t pc
understood, on the ground that the
checks were not sufficiently described IN
the Indictment
District Attorney Vandegrift suggested
that the court convene tonight, SO that
the Jurors living down the State could &c
home tomorrow to spend Sunday, but
the Jurors did not favor the. proposed
evening session.
United States Senator kenney, ex,
State Senator Records, Joseph Bur,
chenal and ex-State Librarian Gruwel
we're among those present yesterday
morning. Senator kenney occupied a
seat near Col. Cooper and his counsel,
and occasionally conversed with them
and also with ex-senator Higgins. John
Biugs and Peter L. Cooper, Jr., counsel
in "Iher cases connected with the defal-
cation att the First Natlonal' BANK
Dover. .--.,.-- .,.,,.,
During an argument in the afternoon
between counsel for the defence and the
prosecution attorney, Mr.. Bird and Sen
atnr Gay showed t,eir' line OF defence
This will be that Col. Cooper gave
money to w. n. Boggs for deposit in the
First National Bank OF Dover and was
never credited + the same by Mr.
! Boggs.
Morning Session.
The United States Count convened at
1905 o'clock yesterday morning, with
many people in attendance.
The Jurors not empane.led IN the case
of Col. Ezekiel 7. Cooper were discharged
until Tuesday morning, May 24th, al
II. 80 o'clock.
Col. Cooper's trial was resumed at
1913 o'clock, when District Attorney
Vandegrift announced that he defend.
ants name had been erased from the
letters sent by the correspondence clerk
of the Philadelphia National Bank tc
the cashier of the Farmers Bank OF
Dover.
On one of the letters Col. Cooper's
name was still visible, and Levi c. Bird
said "cut it OUT and Senator Gray
suggested that postage stamp be put
on it.
Judge Bradford had directed that
Coopers name be concealed by pasting q
piece OF paper over it, the letters were
admitted in evidence, as were a,so tht
checks on which Cooper's name appears
Cashier Morris of the Farmers Bank
was recalled. and testified as follows
"The letters with the erasures, are the
same ~ | received from the Philadelphia
National Bank. The letters represent
! cash items and checks. From the letters,
| cannot tell whether the checks were on
tne Farmers Bank or the First National
Bank Of Dover"
Teller Cooper of the Farmers Bank was
recalled, and, referring to the foreign
check book of that institution. gave a
! list of the Cooper checks which had
passed through the Farmers Bank be-
tween May IT., 1896 and December 22d
1896.
The Look was admitted in evidence. as
were also II more etters from the Phi|a.
delplia National Bank to the Farmers
Bank, msking total OF 2S letters.
Ernest II. Ball, assignee Of Il. B Cntll-
bert 4 Co., of New York, identified Ger.
tain books OF hat concern. which had
been produced unurr subpoena issued by
the court.
Among the books identified, were stub
receipt books dated as late as November
ID 1896. lie ssatcd that he had searched
for other stub receipt books, but could
not find them.
On eros ss.examination, he admitted
that he did not know of the existence of
subsequent stub receipt book.
5. l.. Fulton, who succeeded MIR. Page
as the manager OF the Philadelphia office
of L. b. Cuthbert & Co., testified that
there were stub receipt books subsequent
to November I'd. 1896. and that he had
searched for them, but could not find
them.
Walter Il. Sexton. who was employed
as clerk in the Philadelphia office OF
T.. b. Cu,nbert & Co., Identified a book