Evening star., 1935-10-31

WdQe II. COOptT, lOIulcE pItol~
dent Of three local banks. was ac-
quilted by jury in District Su-
preme Court this afternoon.
The fate of Col. Wade H. Cooper, on
trial in District Supreme Court for
alleged misapplication Of funds Of the
defunct Commercial National Bank,
was placed in the hands of a jury Of
10 men and women this afternoon.
The case was given to the jury at
1910 pm. after spirited closing argu-
ments by prosecution and defense at
torneys and careful instructions to
the jury delivered by Justice Daniel
w. O'Donoghue.
In his final instructions to the jury
Justice O'Donoghue said that to find
Cooper guilty as charged the jurors
must be convinced Of three things: l.,
that he misapplied funds of the Com
mercial bank; 2, that he did SO will
fully, and, 8, that In doing so he in
tended to injure and defraud the bank.
Ordered to Ignore Events.
The court instructed the jury to
disregard newspaper accounts Of the
trial and also to ignore what has hap
pended in the banking world subse-
quenu to the closing of the CONNER
cial Bank in February, 1888.
Justice ODonoghue said that much
has happened in banking history
during the past two years. and that
most of what has happened has
been unfavorable," but these happen
ings should not influence the jury in
any way in judging what the defen-
dant did at the time Of the alleged
improper action charged. He pointed
out that "hindsight is always better
than foresight"
The court also stressed that evi-
dence of good reputation over long
period Of years must be taken into
account and that such evidence might
be sufficient alone to raise reason
able doubt of guilt.
The defense appeared we'll satisfied
with the courts instruction to the
jury.
Col. Cooper was pictured as .
financial Colossus of Rhodes" whose
ambitions for power and money caused
him to betray his trust as bank presi-
dent by Irwin Goldstein. assistant
United States attorney, in his address
to the jury this morning.
In stirring response, Chief Defense
Attorney William E. Leahy accused
the prosecution of distorting the facts
and of making "fallacious arguments"
IN IAN unjust effort to send this man
to prison"
Prosecutor Traces Loans.
Goldstein traced various loans and
other complicated financial transac-
tions which followed the affiliation of
the Commercial Bank with the old
Continental Trust Co. in January,
1880. He declared the evidence had
shown some of these acts were illegal
and that Cooper was responsible for
them.
Il think the defendant himself.
Goldstein said with rising infection,
Showed that II ever there was mess
in banking, there was one at the time
of the affiliation of these banks"
He charged that the afiliation was
"just a plan Of Golden Donaldson
Cformer president Of Commercially to
unload his stock, and Cooper was will
ing to pay him for it with money from
Continental. Neither gave any con-
sideration to the welfare of either
bank. Donaldson was anxious to un-
load and Cooper was anxious to get
into Commercial"
He likened Cooper to the Colossus OF
Rhodes. standing with one foot at
Fourteenth and H street location OF
the old Continental bank) and one at
Fourteenth and G" Commercials To-
cation).
why, Cooper hadn't been in Com
mercial three hours" Goldstein as
serted, before $175,0O0 was taken.
He referred to a loan for that amount
made to Continental by Commercial
on the day of the affiliation.
The next thing that happened was
raid" Goldstein continued, ION the
81, 100000 collateral which Cont
mental pledged to Commercial to Sc
cure Continental's deposit liabilities.
They took $232,000 of this pledged
collateral as security for the $175,000
loan.
when the money for nquidating
(See COOPER, Page %