The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1898-05-18
And Fine of From One to Ten Thousand Dollars is
the Punishment Underthe Section. The Jury
Recommended Him to the Mercy
of the Court.
MOVE FOR p NN0THER TRlRL'


both the said William N. Boggs and the
| said Ezekiel II. Cooper then and there
knew the said Ezekiel L. Cooper had then
and there no manner of right and title ~
| said three tho usand dollars or to have the
same paid out pursuant to the order 81
said check, but both the said William N.
Bogas and the said Ezekiel T.. Cooper then
and there knew that the dra wing OF said
check aud its payment by said Williem
N. Boggs in due course Of collection al
/, aforesaid, were with fraudulent intent up-S
on the part of the said Ezekiel T. Cooper.
to fraudulently obtain and wllfully mis4
apply the moneys of said association. and
both the said William n. Boggs and tha
said Ezekiel L. Cooper then and there un~
spring that tho said William N. Boggs
should then and there appropriate and
convert to the use Of tho said Ezekiel 4.
Cooper the said sum OF three thousand d0l-
lars from aud out OF the moneys Of th0
said associ alton, which said sum OF money
was, pursuant to the direction and authors
izaton contained in the said check there
nj tor, 10 wit, on Tho twenty-fir,t day of No.
veml er. A. ID eighteen hundred and nine-
ty-si&. paid by the said association from
and out of its moneys, to the order of the
said Il. B. Cuthbert s. Co., as the said
Ezekiel T. Cooper, in and by said check
then and there directed, and then and
there appropriated aud converted to
the use Of the said Ezekiel IT, Cooper.
Whereupon the said Ezekiel T. Cooper
did, then and there knowingly, wilfully
aud unlawfully conspice with tho said
William n. Boggs, teller as aforesaid. Z
knowingly, unlawfully, and fraudnlentiy,
10 wiltuly misapply said moneys OF said
association, rs aforesaid, then and there.
with intenC in them, tba said Ezskiel t.
Cooper and tho said William N. Boggs,
and each OF them, to injurs and defraud
tho said association for the purpose andin
and dignity ot the United States and CONF
trary to the form OF the statute OF ths said 4
United States In such CASES made and pro-
vided'
About 4. 80 o'clock tho jury sent a COM
muncat!on to Judge Bradford asking II
count 46 came undor section 8, 44O andif
the defendant could bo found guilty under
one count Messengers were sent In search /.
Of Levi G Bird, counsel for the defendant.
After an hour Mr.. Bird appeared and tho
jury filed in'o the court room.
Judge Bradford then informed tho jury
that II verdict could bs given under ons
count and that count 46 was as follows:
''Seotlon 5,440.-lf two or more persons
conspire either to commit any offenss
ugainst the Uni ed States. or to defraud
the United States in any manner or for
any pulppnO anu Ouc VI iiOlO VI
ties, do any act to effect the object Of tho
conspiracy, all the parties to such coa- j
spirIcy shall be liable to penalty Of not
less than one thouand dollars and not
more than ten thousand dollars, and to 1.
Imprisonment not more than two years"
Tho jury retired ami in five minutes re- a
turntd to the courtroom with the follows
ing verdict The jury finds tho defendant
guilty in manner and form as indicted
under count No. 46, with q recommends.
tion 10 the mercy of the court" M
The jury was polled aud Mr.. Bird NOV
cd for an arrest of judgment and q now
trial stating that reasons would be fur
nishod later Colonel Cooper had gouo to 4
Milford and therefore was not prcsenr
when the vordict was rendered.
Judge Bradford then discharged the
jurors until next Tuesday. The court
thanked tho jury for its careful delibera-
lions and regretted TINT the consideration Z
of such II case required the locking Of them
up for such II length of time The jury
took Il ballots before arriving at u verdict.
The ono rendered brings tho punishmsnt
down to IL fine of from 81 900 to $4,000 and
not moro than two years imprisonment.