Evening journal., 1898-05-18

II idiihNAo A9duh VI llt Dldlt Ol Dtld-
ware, at Dover, aforesaid, and said as
sociation, which said allowances was
the same as a cash payment Of said
check to said Farmers Bank of the
i State of Delaware, at Dover
/ aforesaid, on presentation of
said check and was with
withdrawal 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 afore-
said he the said William n. Boggs,
then and there well knew the said sum
of three thousand dollars was not then
and there on deposit with the said as
socation to the credit of the said Eze-
kiel 7. Cooper, was not then and there
/ due and owing from the said assOcia-
ton to him, the said Ezekiel T. Cooper
and the repayment thereof to the said
/ association was not then and there in
any way secured, and as both the said
| William n, Boggs and the said Icze-
/ kiel +. Cooper then and there knew the
said Ezekiel T. Cooper had then and
there no manner Of right and title to
said three thousand dollars or to have
| the same paid out pursuant to the or
| der of said check, but both the said
William n. Boggs and the said Ezekiel
T.. Cooper then and there knew that
the drawing of said check and its pay
ment by said William N. Boggs in due
course Of collection as aforesaid, were
with fraudulent intent upon the part
of the said Ezekiel T. Cooper to fraud
ulently obtain and wilfully misapply
the moneys of said association, and
both the said William N. Boggs and
the said Ezekiel T. Cooper then and
there unlawfully devising and intend
ing and conspiring that the said Will
liam n. BOggs should then and there
appropriate and convert to the suse of
J the said Ezekiel T. Cooper the said
lsum of three thousand dollars from and
out of the moneys Of the said assOcia-
tiOn, which said sum of money was
| pursuant to the direction and authOri-
[ zatiOn contained in the said cheek
: thereafter, to wit, on the twenty-trs1
, day of November, A. ID. eighteen hun
! dred and ninety-six paid by the said as
I sociatiOn from and out of its moneys
I to the order of the said e. b. Cuthber
& Co., as the said Ezekiel r. Cooper, il
= and by said check then and there di
- rected and then and there appropriate,
D and converted to the use of the salt
% Ezekiel T. Cooper. WhereupOn tn
+ said Ezekiel T. Cooper did then an
= there knowingly, wilfully and unlaw
Il fully conspire with the said William n
e BOggs, teller as aforesaid, knowingly
e unlawfully and fraudulently, to wilfull
It misapply said moneys Of said assOcia
ton. as aforesaid, then and there wit
n intent in them, the said Ezekiel Z
e Cooper and the said William n. Bogg
II and in each of them, to injure and dc
It fraud the said association for the pul
d pose and in the manner aforesai,
n against the peace and dignity of tn
II United States and contrary to the foIV
e of the statute of the said United Stat,
t, in such cases made and provided"
COOPER IN CUSTODY.
k No more depressed man could
N seen among those that throngCd q
le Federal building this morning ths
m Levi c. Bird, Delaware's great crimin
lawyer, who so ably defended Colon
le Cooper. His demeanor seemed to car
out the truth of the statement that
n made to the jury in his closing speec
ne That he would never forgive himself
Colonel Cooper were convicted.
Oh About 1890 o'clock Colonel Coope
~ accompanied by James Lord, records
~ of deeds of Kent county. and one Of h
bondsmen. walked into the Office
Marshal Short and asked the marsh
n whether he had received his Cooper
III telegram.
el No" said Short.
rs well" said Cooper. Il receiv,
yours last night telling me to come
IN Wilmington on the first train, but
Id could not make connections, so here
am"
e, "All right, Zeze." said the marsh;
III take a seat" The colonel did n
er seem moved and gave everybody
hearty hand-shake.
ne When court convened Judge Bra
ne ford admitted Colonel Cooper to t
~ custody of the marshal, saying: ct
ne defendant is committed to your custo
IL and safe keeping until further order
N by the court"
70 Mr. Bird then asked the COZ
eu whether it had decided to pass sc
Ter tence upon the defendant. The col
ne said that it had not, and would not
ne so until counsel for Colonel CooI
en- had come to some agreement as
lal whether they would apply for a n
5re trial or not.
rst Mr.. Bird said that before he wol
1lu move in the case he would have to &C
OF suit with his colleague, Senator CIR,
zen who is in Washington.
Wn Mr.. Bird and Colonel Cooper, W
OF Mr.. Lord, left the court room, going
OF the marshals office. telegram v
,lel sent to Washington asking Sena
N Grays opinion regarding a new trd
zen Should Senator Gray agree on NOV
ma for a new trial Mr.. Lord will go
ere the necessary bond for costs, VIII
rye will amount to several thousand d
ere lars, and the argument for new II
lel will begin.
Jil- THE JUDGE REFUSED.
lud Attorney Bird was in consultat
ne with Judge Bradford relative to ak
re ing Colonel Cooper and Marshal Sh
'er- to go to Washington to see Sena
en- Gray personally. Judge Bradford
cen fused, saying that it was against
the law Cooper was a prisoner and m
aid be treated as such. Should Sena
Lble Gray decide that a new trial would
,er- detrimental to Cooper's interest, il
lth- most likely that Mr.. Bird will not ap
ou- for one. Colonel Cooper will then
per- sentenced and it may be tomorrow
CLARK WANTS CONTINUANCE
els John Biggs and United States
- trict Attorney VANDERBILT were in &