Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1899-04-20
W. {. COTTER SENTENCED
4 Fine Of Five Thousand Dollars and
Imprisonment for Is Months.
FOUR BANK CASES ABANDONED
Those of Alice, Cole, Butler
and McGonigal.
FORD AND KENNEY CASES STILL OPEN


Thursday morning, on motion OF District
Attorney Lewis G. Vandegrift, William
E. Cotter, convicted of conspiring with
William N. Boggs to rob the First
National Bank of Doyer, was sem
fenced, and all of the other cases, ex-
cept those against United States Sena-
tor Kenney and Harry +. Ford, were
nolle pressed.
When court opened, shortly after 10 |
o'clock, Cotter and his counsel,
Anthony Higgins, were present, as |
was also District Attorney Vandegrift,
on behalf of the government. About |
90 spectators were also in attendance, |
several being from points down the |
State.
Immediately after the opening of |
court Mr.. Vandegrift moved that |
sentence be imposed upon Cotter. The
prisoner was commanded by the court
to stand and was asked if he had any
thing to say, whereupon Mr.. Higgins
called the attention of the court to the
fact that his client was suffering from
heart trouble and other Affections and
expressed the hope that his ailments
and age might be taken into con-
sideration in imposing sentence.
The judge replied that he would take
the physical condition and age of the
accused into consideration. after which
he sentenced Cotter to pay a fine Of
5000 and be imprisoned in the New
Jersey State Penitentiary at Trenton
for Is months. He was sentenced on
only one count, the eleventh, which
charged him with conspiring with
Boggs to rob the bank.
After the judge had fixed the
sentence he said he would take the
proper steps to see that no manual
labor is imposed upon the prisoner
while in Jail that will impair his
health. Cotter was remanded to the
custody of United States Marshal
Short and at IL. 25 O'Clock the marshal
and his deputy, James Clark, left with
the prisoner for Trenton.
Cotter was evidently agreeably sur
prised with the sentence, which was
lighter than many had supposed it
would be. He was in comparatively
good spirits, all things considered and
Trenton talked in his usual affable
manner.
He is So years of age, but said he
was in as good physical condition as
could be expected under the circum-
stances. He said he felt that he had
been unjustly convicted, but he was
pleased with the action of the court
and had nothing to say against any
of the officials connected with the
tribunal He said it seemed hard to
leave his home and go to prison. He
deplored the fact that he was in the
service of the government during the
Civil War and the same government
sends him to prison. Shortly after the
breaking out of the war he enlisted in
Capt Nields' Battery, going from this
oil arl oh Il
was not wounded, but contracted con-
cussion of the heart, in consequence OF
which he is now receiving pension.
FOUR CASES NoLLE PRESSED.
After the Cotter matter had been
disposed of in court, District Attorney
Vandegrift created a surprise by
against Charles H. Butler, Amos Cole,
John R. McGonigal and j. Frank
Alice, also under indictment in con,
nection with the Dover bank robbery,
be nolle pressed. In making the
motion, after enumerating the cases
he said: 81 have so much doub
about the ability of the government t.
prove the fraudulent intent that an
unwilling under the circumstances t.
ask for a conviction. therefore NOV,
that a nolle prosequi be entered il
eacn OF IneSe cases. -
Judge Bradford said the distric
attorney, being familiar with the fact
of the cases, was the one to Judge O
them, and the court thereupon ordere,
that the cases enumerated be nol
pressed.
DISPOSITION OF THE KENNEY AND FOR
CASES. a
The cases were accordingly marke
discontinued on the books of the court
This action leaves only the case
against United States Senator Kenne
and Harry F. Ford to be disposed OF
Speaking of these two cases, Distric
Attorney Vandegrift said he had re
ceived no instructions from the govern
ment concerning the one against Ker
ney and he does not know wha
disposition will be made of it. Th
outcome of the indictment agains
Ford depends upon little more il
vestigation. This case will be brougf
up and either tried or nolle pressed
the current term of court, whic
terminates on Tuesday, June 1911
Mr.. Vandegrift is not yet prepared
say what the result of the investigate
will be.
As soon as these cases are dispose
of, and a termination is expected
the near future, William N. Bog,
will be sentenced and in all probabili
sent to the New Jersey State Pen
tentiary, where those who have bet
convicted are now serving terms