Evening journal., 1899-04-13
COTTER SENTENCED
To Pay a Fine of $4,000 and
Be mp risoned Is Months.
FOUR BANK GASES DROPPED

FOUR BANK GASES DROPPED
DISTRICT ATTORNEY VANDERBILT
DOUBTS HIS ABILITY TO CONVICT
BUTLER. COLE. MGONIGAL AND
ALLEE. AND ASKS FOR A NOLLE
PROsEQUI IN EACH CASE-COTTER
SATISFIED
William +. Cotter. convicted of con.
splracy with w. n. .Boggs to rob the
First National Bank of Dover, was this
morning sentenced to pay fine Of 5000
the costs Of the prosecution and be inn
prsoned in the Trenton pententiary for
a term of eighteen months.
AT 1920 o'clock this morning Judge
Bradford took his seat upon the bench
: of the United States Court room in the
Federal Building. and few moments af
terward District Attorney Vandegrft
came in. closely followed by William f.
Cotter. who had been brought over from
New Castle. and his attorney, ex-senator
Anthony Higgins.
MIR. HIGGINS PLEAS.
Mr.. Vandegrift at once submitted mo-
tion to the court that sentence suitable
to the finding of the jury in the case Of
the government against William E. Cot
ter be imposed on the convicted man.
Judge Bradford then ordered Cotter to
stand up and said: william T.. Cotter.
you have been found guilty on two
counts. Nos and Il, of the indictment
against you. have you anything to say
why sentence should not be lmposed?"
Mr.. Higgins at once arose and stated
that he desired to call the courts atten-
| tion to the fact that the two counts upon
which his client was convicted were for
a similar offense. though couched in diff
| ferent terms, and that he did not believe
it was the intention OF the jury to con-
vlct Cotter of the separate offensos. He
also desired to call the COURTS attention
to what transpired in the testimony as
to Cotter's physical condition. that he
was suffering from chronic heart
trouble. contracted during his service for
his country during the civil war. And
also that he had other physical compli-
cations which. together with his ad-
vanced age, might have serious results
from prison confinement. He asked the
court TO take both Of these facts into
consideration when imposing sentence.
Judge Bradford then said: "1 have
taken into consideration all the facts
mentioned by the attorney FOR the de-
fendant, and they will in a large degree
influence the court I'm imposing sentence" D."
He then imposed the above. mentioned
sentence upon the prisoner. stating that
though he had been convicted on two
counts. that they related to one offense
and he would not feel justified in SEN
fencing. him on both. but would only
pass sentence upon count No. II.
TO BE WELL TREATED.
Judge Bradford then committed Cottei
to the custody Of Marshal Short until hc
could be taken to Trenton. and added
that so far as the court can provide
it purposes to take such steps as may
result In such treatment of the prisoner
as to avoid as far as possible any danger
that might arise owing to his physica
condition during his term Of confinemen
in the Trenton penitentary."
MIR. VANDEGRIFTs SURPRISE.
p After Cotter had left the court rocn
F. in charge of Marshal Short District AT
tomey Nandegrlft sprung a surprise upoi
a the small party of spectators who hal
e gathered by the following announcement
May it please the court, in the cases O
& the government against Charles II. But
n Ter. Amos Cole. John MGonigal and j
o Frank Alice. ] have so much doubt abou
J. the ability Of the government to prov
d fraudulent intent that I am unwilling
n under the circumstances to ask for
8. conviction, and 1 will therefore NOV
that a noble prosequi be entered in eac
Of these cases"
In reply Judge Bradford stated that a
the district attorney was so familiar wit
=. the evidence to be presented to the iur
i'm the cases mentioned that he would OF
der nolle prosequi entered in each cas-
,s as suggested by Mr.. Vandegrft.
g KRNNEY AND FORD.
1 This leaves but two cases before th
court to he stnl disposed Of, those againi
Senator Kenney and Harry T.. Ford. NJ
is Vandegrift stated this morning that D
IN had received no instructions from Wasl
t ington regarding Senator Kenney's cas-
y and that the case against Ford depende
on a little more investigation, and th'
ee it would be brought up for final dispos
. | ton during the current term Vi S""l
e. which expires on the second Tuesday
to June next.
y, COTTER SATISFIED.
es William Z. Cotter received his SCI
tence in a composed manner, and WI
IN probably the happiest man in the cou
ne room at the time. Although he wou
say nothing beyond the fact that he Wi
80 innocent of the offense upon which
Ia was convicted, and that he bore no b
'o- will against anyone yet the gleam in
ng eye and the expression Of his face plai
H. ly indicated the fact that he was mo
us than pleased at the lightness Of his Sc
SIX tence. He received the congratulate
I'm Of number of his friends and acquair
IN anccs and departed for Trenton in col
pany with Marshal Short and Depu
Marshal Clark shortly before noon
day.
lr- SYMPATHY EXPRESSED.
in Much sympathy is expressed for w.
ad- Cotter by all who know Of his case.
Ter, one time he was well-to-do busin'