Evening journal., 1898-05-16
THE JURY is HUNG.
Colonel Cooper's Fate is Still
in the Balance.
MADE ONE RETURN TO COURT

PLEADS NOT GUILTY. 70 TINE
SAME CHARGE AS THAT
AGAINST COOPER-NIAY TAKB
CASE OUT OF DISTRICT.
Since Saturday there has been
verltabie whirlwind OF conjectures as
to the possible finding of the jurors in
the case of e. +. Cooper. No maternal
change presented ITSELF this morning,
and the large number of anxious in
quirers ait the Federal building eagerly
seeking for news were all met with
the same answer, mo decision"
The jurors, from all accounts, passed
"a, efebter part of the night I'M sleep,
pNlows and blankets having been pro-
vided for them. The dOwn-state trains
this morning brought many prominent
men to Wilmington, and NEARLY all
stopped at the Federal building to see
Colonel Cooper, who met everyone
with a hearty handshake and a smile.
No case in the ANNALS of the state has
excited so much interest. The standing
on the Jury has given rise to rumOrs
of all SORTS, but the jurors who aGe fa-
vorable to Cooper and thbse in favor
off copviction are not known, but it Is
Said that THE defence counts on at least
tlfree for acquittaL
Yesterday morning the jury made
one return, and when Foreman Cann
| told Judge Bradford that they could
MOT agree, the judge remanded them to
| their room until they could. Just what
will be done by the government should
| the Jury disagree lis not known, but 1t
is said that District Attorney Vande-
| grift will move for a change OF venue.
The case can then be tried in either
Trenton, N. j., or Philadelphia
JUDGE BRADFORD'S CHARGE.
The charge Of Judge Bradford is as
dollows:
| Gentlemen Of the Jury:
The Indictment charges the defendant,
Ezekiel T. Cooper. with violating sections
52O9 and $40 Of the revised statutes OF the
United States. The former section is as
follows:
Section 500. Every president, director
cashier teller, clerk. or agent Of any as
ISOLATION, who embezzles, abstracts OF
| willfuuy misapplies any Of the moneys
| funds. or credits Of the association; OF
who. without authority from the direct
| ors issues or puts in circulation any OF
| the notes Of the association; or who, with
out such authority issues or puts fortf
any certificate of deposit, draws any order
or bill Of exchange, makes any accept
| ance. assigns any note bond draft oil
Of exchange, mortgage, judgment or de
cree: or who makes any false entry II
any book, report. or statement Of the as
sociation, with intent, in either case e
iniure or defraud the association or an!
other company, body polite or corporate
or any individual person, or TO deceiV
any officer of the association, or an
= sagent appointed TO examine the affairs @
any such association; and every perso
q who with like intent aids or abets an
, officer, clerk, or agent In any violauo
a OF this section. shall be deemed guilty
n | a misdemeanor, and shall be imprisone
+ not less than five years nor more tina
\ | ten"
The latter section Is as follows:
/. Sec $40. If two or moro persons cor
spire either to commit any offense agains
= the United States, or to def<aud IN
United States I'm any manner or for an
( purpose. and one or more OF such parue
:, do any act to effect the object Of the cor
y | spiracy, all the parties to such conspii
a | acy shall be liable to a penalty Of nc
less than one thousand dollars and No
IS more than ten thousand dollars and
Imprisonment not more than two years
=. The words "any association" as use
in section 5209 above read relate to an
national banking association organize
under the laws Of the United States. II
n First National Bank Of Dover, In tn
.e district, is admittedly such an association
The Indictment against the defendan
ID as returned to this court included fort!
E. six counts numbered serially. The hr
u thirteen counts charge the defendant VII
- aiding and abetting William n. Boggs
n. embezzle the moneys, funds or credits
le the First National Bank Of Dover. IT
&c fortieth, forty-frst and forty-second cohn
N charge the defendant with conspiring wi
Is william n. Boggs to embezzle the money
L funds or credits OF that bank. The
q counts having been abandoned by &
District Attorney are not for your consi
ve Grafton You will bear In mind the nui
bers of the counts just mentioned, whi
~ have been abandoned, in order to avo
confusing any Of them with other coun
ms In the Indictment. 1 repeat to aid yo
recollection and prevent any misunde
- standing on your part. that the coun
y which you are not TO consider are the III
81 thirteen counts and tho fortieth, forty-hi
'or and forty-second counts OF the indictmei
At All the remaining counts I'm the indie