Wilmington, Feb. 16—After a trial covering exactly two weeks Lieutenant Governor W.B. Cooper and his brother, Thomas E. Cooper, chairman of the board and president, respectively of the defunct Commercial National Bank were today acquitted in the United States District Court of a charge of conspiring to violate the National Banking act. The jury returned its verdict at 3:30 this afternoon, after deliberating for two hours and 55 minutes.
The defendants were discharged until the May term of court under the same bonds of $5,000 each, which they gave when arrested last August. The only other charge against the Lieutenant Governor is another bill charging him with committing the acts he has just been acquitted of conspiring to commit, and it is considered doubtful whether he will be put on trial again. However, there are three more indictments in the federal court and an indictment in the State court against Thomas E. Cooper. The government is expected to press one more of its charges, regardless of what happens in the state court.
The outcome in the conspiracy case was foreshadowed this morning in the charge of Judge Henry G. Conner who withdrew from the consideration of the jury all except one of the 16 charges in the bill of indictment.
“Without regard to other phases of the case about which I have no opinion, I want to say that if I had been on the jury, I should have returned the same verdict in this case,” declared the court when the verdict was returned.
“Although not strictly in my line of duty, I take the liberty of suggesting to you gentlemen of counsel that there be no demonstration about this verdict for reasons you will understand. There are other matters pending,” continued the court.
Those who have followed the case closely have felt since the defendants were on the stand Wednesday and Thursday that Judge Conner had become convinced that under the Federal statute governing conspiracy the requirement of the law in providing that charge had not been met. There was little surprise at either the sweeping nature of this charge of the subsequent verdict of the jury.
The admonition regarding a demonstration was not necessary as the courtroom, which had been packed throughout the trial, was almost deserted with the end came. Most of those present went quickly and congratulated the defendants. The brothers themselves showed no emotion. Though naturally of excitable temperaments the defendants have kept themselves under control during the trial. Thomas E. Cooper never lost his composure while the Lieutenant Governor lost himself only during the speech of District Attorney Irvin B. Tucker, who was twice interrupted by the defendant. Judge Connor deplored notice given this incident in charging the jury.
--R.E. Williams in News & Observer
From the front page of The Smithfield Herald, Feb. 19, 1924
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