Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1898-10-06
BANK CASES 10 GO OVER.


states Another Postponement In the
Ootter Case. VI
John I'll. Bateman, former cashier of
the First National Bank of Dover, is
very sick at his home in that town,
and as he is one Of the chief witnesses
for the prosecution in the cases against
United States Senator Kenney and
Others charged with aiding and abet-
ting William N. Boggs to unlawfully
abstract money from the Dover bank,
may go over until next year. Mr..
Bateman's condition was reported
serious on Thursday, and, according
to statement made by his son to
District Attorney Vandegrift, the
Bishop, has advised him to go South
for time after his recovery. When
he will be able to appear as a witness
in the United States Court is not
known. + as -
When the United States District
Court opened Thursday District Attor- Z
ney yandegrift informed the court that
while he had hoped to be able to go on
with the case against William E.
Cotter of Philadelphia, which was
scheduled for trial Thursday, he had re-
ceived certificate from DR.. Il. A. FL.
Bishop of Dover stating that John Fl.
Rateman, one of the chief prosecuting
witnesses, was i'll and that Mr.. Bate
mans son had informed him that the
| attending physician had advised his
father to go South as soon as he was
able to be out. Mr.. VANDERBILT said
he did not feel safe in going on with
| the Cotter case without Mr.. Bateman,
| who was cashier Of the bank at the
| time the money was extracted, and he
asked for continuance, fixing no
time. sf
| Judge Bradford remarked that the
defendant should not be kept in sus-
/ pense indefinitely. He asked Mr..
Vandegrift whether he had any idea
when Mr.. Bateman would be able to
appear. y. ~
when Mr.. Bateman would be able to
be present, but thought it would be
no use to postpone the case for short
period, like q day or two. He said he
desired to try the case two weeks ago
and had expected he would surely be
able to go on with it today. He re-
ferred to the other cases, those against
Senator Kenney, j. Frank Alice, j. r.
McGonigal, G. HI. Butler and Amos
Cole, and said he had desired to have
the Cotter and Kenney cases tried first
of those two might have some bearing
on the others, and developments might
relieve the court and those interested
to certain extent That plan, he said,
had been broken up by the ill
ness Of Mr.. Bateman. The Kenney case
was set for trial on October 18th and
Mr.. Vandegrift suggested that ii go
over with the others and all continued
to some time after October 18th. He
also said that during November and
December he, as well as counsel on
the other side, would be engaged in
the Superior Court. He had neglected
that work last May and his affairs were
in bad shape there. He remarked that,
while he would like to try the Kenney
case as soon as possible, he would be
willing to have all of the cases con-
tinued until the January term.
Cotter was present with his counsel,
ex-senator Anthony Higgins, and Mr..
Higgins insisted ON speedy trial for
his client, whereupon Judge Bradford
remarked that If the defendant had
been ready two weeks ago the case
would have been tried then. He said,
however, that he had right to have
the trial as early as possible, but
a postponement was necessary. He
thought it would be we'll to discharge
the jury until October 25th, when
something definite might be known
about Mr.. Bateman. .-4s4 81
Mr.. VANDERBILT remarked that tho
Circuit Court would meet on the third
Tuesday in October and that thore
might be special jury for that court.
Judge Bradford said there was no
certainty about q special jury, where
upon IIeri g. Bird, representing Sena-
4 X tod DO bot af.
the present jury would try the case
against his client or there would be a
new jury. The judge could give no
definite information on this point.
After some discussion the Jurors were
discharged until II. 30 o'clock, Tuesday
morning, October 18th, when the Cir
cult Court will open. 1t was under
stood, however, that the Cotter case
would not be called until October 25th
and probably later, and the witnesses in
the case were discharged until this
timo. In reply to a question from Mr..
Bird, the judge stated that the Kenney
case, which is in the Circuit Court,
would have precedence over cases in
the District Court, the day being fixed
in the Kenney case. This gives the
impression that the Kenney case will
be tried before the other cases, as all
except the Kenney case are in the
District Court. All cases were ordered
postponed until October 18th or later.
All of the jurors were present except
Hamilton M. Barksdale of this city,
who is sick, and Richard 7. Pilling Of
Mill Creek hundred, and with regard
to Mr.. Pilling the judge stated that he
had been informed that there had been
q death in his family recently. Both
were excused. About all Of the witt
ncsses were on hand except Mr.. Bate
man, and most of them wero surprised
at the turn of affairs.