Evening star., 1935-05-12
COOPER PREPARED
TO DEFEND SELF IN
TRIAL TOMORROW
Commercial National Bank
Fund MisappIication Is
Charged.
CONTINUANCE OF CASE
SEVERAL DAYS LIKELY
Justice Department Accountant
Prosecution Witness Is Busy
in Philadelphia.

Prepared to act as his own attorney
If need should arise, Col Wade H.
Cooper, former president of the Com
mercial National Bank, is scheduled
for trial in District Supreme Court
tomorrow on charges of misapplying
funds of that institution.
Col. Cooper yesterday formally
entered an appearance as counsel in
his own case. although it is expected
he will be represented by Attorney
William E. Leahy. Questioned as to
why he had entered an appearance as
counsel in the case. Col. Cooper said
he was merely exercising a constitu-
tional privilege" to act as his own at
torney If he should desire to do so.
The former bank president has
been member of the bar here for rs
years, but has never tried a case.
Protests to Adkins.
Last week he protested vigorously
to Justice Jesse c. Adkins on learning
the Pennsylvania Railroad case had
been called ahead of his own trial.
After he had attempted to file a pro-
test with the House Crime Committee,
1t developed that the continuance was
ordered when his own attorney noti-
fled the Government he was tied up
In another case and could not be
present.
A possibility that the trial will be
continued until Tuesday or Wednes-
day was seen last night with the an
nouncement that one of the prosecu-
tion's expert witnesses is out Of town
Assistant United States Attorney
Irwin Goldstein, who will try the
case for the Government. said Samuel
c. Simon, Department of Justice ac-
countant who made an examination
OF the banks records, is engaged in a
trial in Philadelphia. Goldstein said
he will ask Justice Adkins for a con-
tinuance until Simon can be present
probably until Tuesday or Wednesday.
Col. Cooper said he knew nothing
Of the proposed continuance, but that
it seemed to him the Governments
witness had been placed in Phila-
delphia every time the case has been
called for the past two months"
The indictment charges that Cooper,
while serving as president of both the
Commercial National Bank and the
Continental Trust Co., misapplied
S450,000 of the banks funds in an
effort to give the trust company large
credits to which it was not entitled.
He attacked the indictment on sew
eral grounds, one of which was that
the charge was not brought against
him in good faith, but only to dis
credit him in civil litigation with the
Treasury Department. Col. Cooper
charged the controller of the cur
rency informed the Court Of Appeals
he was under indictment in an effort
to impede his suit to regain control
of the United States Savings Bank.
He also contended the indictment
was so vague he could not adequately
prepare defense and that there was
no showing before the grand Jury that
he had wilfully misapplied the banks
funds.
Dividends Held Unearned.
The Government contends the al
legedly misapplied funds were used
to pay unearned dividends on the cap
ital stock Of the trust company.
In overruling Col. Cooper's demur-
rer attacking the indictment, District
Supreme Court Justice Oscar r. Luhr-
ing said:
"The conduct described in the in
dictment meant more than that the
defendant used bad judgment with
respect to these transactions. It was
obviously improper and unjustifiable
use of the moneys, funds and credit
of the bank. and there was the like
lihood and probability that the bank
would lose. This conduct is de-
nounced by law as a willful misap-
plication."