Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1899-04-13
WILL NOT RESIST
\ Counsel WithdraWS the Motion for
| a New Trial in His Case.
4 WILL BE SENTENCED TO-DAY
|elay Was on Account of a Re-
quest by Cotter.
kVTED TIME TO ADJUST HIS AFFAIRS

AN ltU lime ~ ADuuoi ITO Arthlho
Tbe Jury in the case against William
Cotter, in the United States Court,
IN aiding and abetting William n.
bpps to abstract and misapply funds
'fhe First National Bank of Dover
IA conspiring with Boggs TO commit
offence against the statutes of the
bi.eti States, last night week returned
kcrdict of guilty of conspiracy as set
Nh in counts Nos. 0 and IL of tho
[lictment and not guilty as to the
her counts, which charged the do
bdant with aiding and abetting Boggs
abstract and misapply funds OF the
Xnk As soon as the verdict was an
|unced Anthony Higgins, counsel for
Btter, made motion for a new trial.
The Jury began its deliberations at
en- minutes past IL clock yesterday
ek and made no report until $40
lock when message was sent to
dge Bradford announcing that the
v would like to ask him a question.
replied that he would be pleased to
Ever any question made in writing,
was Immediately informed that the
ting of the question was deferred.
5. 10 o'clock another message was
Il to the Judge stating that the jury
4 agreed upon a verdict. Cotter's
bnsel was Immediately notified and
eared in the court room with the
endant at $50 O'Clock. at which
be the Jurors filed in. District At
ney Vandegrift and several specta..
were also present, The names of
Jurors were called by William G.
haffy, deputy clerk of the court,
asked:
Gentlemen of the jury, have you
iced upon a verdict?"
We have," came the answer from
pral of the members.
Who shall answer for your" asked
Mahaffy.
Our foreman,'' was the answer.
How say you, Mr.. Foreman, do you
= the defendant, William Il. Cotter,
ty in manner and form as he stands
icted, or not guilty?o Mr.. Mahatfy
led.
We find him not guilty on counts
/, 3, 5 and Z, and guilty uron
nts Nos. 8 and H." answered the
fman.
Eotter did not show any signs Of
rousness.
Poll the iury,' said ex Senator
Egins. and each members name was
ed and he was asked: Is that your
lictg" Each man responded, 1T
except Juror Baldwin, who re-
ID, "Yes. SIR"
otter shook hands with his counsel,
r which he went to Marshal Short's 4
be-, wnere he wrote a letter to his
b telling her Of the verdict. He tclt
iend that he did not wish to shoci
with a telegram. To the SAINT
lnd he said: IL stood in front oi
lets for four years and | guess l car
bid this He was taken to New
Ftle Jail by Deputy Marshal Clark
he two counts on which Cotter wa
yicted charged him with having
spired with William N. Boggs tt
tract and misapply the funds of th'
st National Bank Of Dover, Tn,
blshment is not more than two years
prisonment, and not more thai
900 fine in each count This woult
ke "a total of $4,000 fine and fou
rs Imprisonment, in case Cote
mid get the full penalty.
otter is the third man convicted o
hplicity in the Dover bank cases
others being Il. I. Cooper an,
omas s. Clark. Cooper was con
ted on one conspiracy count in tn
tied States Court in this city on Ma
h, and on May 23d was sentenced t
a fine of $500 and be imprisone
Is months in the New Jersey Stat
hitentiary at Trenton. On June 2it
Thomas S. Clark was convicte
five counts of aiding and abettin
liam N. Boggs in abstracting an
Supplying the funds of the First Ma
nal Bank of Dover, and on Jun
h was sentenced to pay fine of SOC
d be imprisoned for five years in th
y Jersey State penitentiary at Trer
In the meantime Senator Richar
Kenney was tried twice and Il
Fdct reached, the jury each tin
sng disagreed. District Attorne
|1dearift has received no instruction
Fcerning the case against SENATE
tnney.
ID addition to the Kenney case, II
ts yet to be tried are those of Sta
Ilalor j. Frank Alice, j. r. McGon
Charles ii. Bitler and Harry
Nd Of Dover, and Amos Cole of tn
y,
- the United States District Cou
Monday Anthony Higgins, couns
William Il. Cotter, who was co..
c@d of conspiring with William !
Sss to rob the First National Bar
Dover, announced that he would n
Ss tho application for new tria
ach statement was a formal Wit
aSal Of the motion. District Alto
Nandegrift, who was in court reat
argue on the motion, stated tn
" u. step was perfectly satisfacto
,an alm' and the judge granted tt
vest OF Mr.. Higgins.
III. Higgins also asked the cou
~ sentence be deferred in order th
client might straighten out sor
s,iess matters before being sent 0
,as district. He thought Thursd
ua 2e suitable time for imposi
sta@, but told the judgs that
ousiness matters were disposed
IHre Ii. that time he would signify |
'nngness to have sentence impose
aas, therefore, agreed that senten
II ne imposed ON Thursday mornir
Slli Cotter is sent from this d
N. \. ne will be in the custody
4Sea States Marshal Short and W
Asept at New Castle jail. He was
federal Building on Monday. !
probable that he will be sent
su'on .son Penitentiary next Thursd
ernoon. While nothing definite
,asd, sn as to what the sentence will
Ons ma attorneys who were spoken
eso sS the matter, said they wo,
~ ssoSe 1t would be something !!
" year years Imprisonment, and pr,
o,s SlV,0O0 fine. The limit, it
n, ,DS,is.ood, is four years. impris,
MT; ss as Cotter was convicted ON |
ataan atp,racy counts, and on each coun
''uVe oil two years can be imposes