Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1838-09-29
CoyRT OF COMMON PLEAs.-Case of Grim. CON-
-Iahn L Caonar va Washhssn ~ 80

CoURT OF COMMON PLEAs.-Case Of Grim. Con-
John l.. Cooper VS.. Washburn A. KeaH.
This was an action of Grim. con. brought for the
recovery of damages for the seduction OF the plain
nfis wife Margaret by the defendant
The plaintiff in this suit is boat builder by trade
man OF an honest though rather rough and re-
pulsve countenance, something the worse for wear
and tear, and Is full fve-and forty.
His wife very handsome featured little body, of
the buxom age of "a, with an eye that can look
at fash of lightning without winklng-a complex
ion that would rival the farest alabaster and full of
blood and veins.
The defendant is down east man, from the state
of Maine, with big eyes, curly hair plated bosom,
cameo, ana so en- and has probably not over
thirty summers.
The plaintiffs case was simply this. He married
the lady above mentioned IN the year 1884, and they
continued 10 live happily and lovingly together until
February last, when all al he found out that she
unfaithful to his bed ncgsctlul of her domestic
duties, and particularly fond of the defendant IN this
suit. Her wanton conduct at length becoming the
theme of every tongue and himself an object OF pity
and contempt IN consequence of the conduct OF his
wife the plaintiff finally put her away from him, and
brought this acton for reparaton to his wounded
feelings and the loss of his domestic repose.
The facts will be gathered from the following testi-
mony:-
Mrs. Jerolaman testified that she had frequently
observed things between Mr.. Kean and Mrs. Cooper
that were improper On one occasion she saw the
latter lying upon MIR. Keans bed the outside of the
covering. He was under and undressed Witness
observed to Mrs Cooper tina, she thought it was
pretty conduct for married woman to be guilty of
| with young man, and Mrs. Cooper replied that he
pulled her on the bed she was passing through ia
| play. Witness never told Mr.. Cooper about II, for
fear Of making noise After SO ne other little affairs,
of which witness only knows by hearsay, the hus-
1 band became acquainted with the fact and turned
her away from his house, when she took refuge with
her uncle. Kean kept a porter house in the lower
part of the premises and boarded Mr.. CsopeIs fa-
mily. Mrs. Cooper is the mother of four children,
one an infant, born about the time of the alleged
amoHr
Miss Cerepe,es Schroeder made affidavit which
was read that she lived in the family with plaintiff
as talloress-h had seen defendant dressing himself
/ in a room where Mrs. Cooper was in bed She ap.
peaed to be surprised at the discovery and was con-
fused, but gave no explanation about 1t. Defendant
was great deal absent, and when absent kean was
in the habit of coming up stairs and taking great lib
critics with plaintiffs wife. Once witness knew
them 10 be together shut up in Mrs. Csorer's bed
room Tor ten minutes. When they came out they
SAID they had been counting over Mr.. CoopeTs mo-
ncy, and they differed to the amount which kept
them SO long there.
William Hawk, being sworn, stated that he was
an inmate OF the same premises al which Mr.. and
Mrs. Cooper resided, five or SIX months after Kean
came board there. Witness wife boarded there
Also and Kean nude love 10 her too, he had good
reason to suspect since. Kean made II his boast that
he would never marry While he could get plenty OF
women without
On one occasion, witness knew Of Kean and Mrs.
Cooper being locked up in room together for some
time. Soon after he saw kean coming out OF the
room singing. Witness inquired, Where the devil
an evasive reply. Witness then went up stairs and
saw Margaret sitting upon the window sill with her
right foot lying upon her left knee engaged in fan
ming herself with handkerchief-hcr hair was hang
ng loosely around her shoulders, and the bed was
tumbled though there had been dozen in it. Wit
mess inquired, "Whats the matter 2" To which Mrs.
Cooper replied It's devsh hot !" and then said
something about hard days washing she had per-
formed. Witness thinks that his wife IS no great
things she is sort of half cousin to Mrs. Cooper,
and has left his bed and board within the last week
| Alexander Jeroaman sworn-Witness used 10
tend bar for defendant frequently while he went up
stairs and romped with the women. Has seen very
improper freedoms taken by defendant with Mrs.
Cooper, and was called upon 10 tend bar spell two
or three times during afternoon.
MI Cooper's servant woman testified that she lad
seen defendant take great Liberties with Mrs. Cooper.
Once he took her around the neck and threw her up
on the sor and she only resented IL by giving him a
gentle slap, and calling him by name which the wit
ness modesty would not permit her 10 mention.
For the defenceit was urged that proof had been
given of the adultery charged, and that the conduct
| spoken OF was mere thoughtless play.
| The defendants counsel then called TO the stand
Mrs Elizabeth West Mrs. Coepcr's washerwoman,
who tried to make it appear that Mr. Cooper a
very stingy inattentve husband, and that Mr. Kcan
was very clever fellow, wore plated bssoms to his
shirt, lent Mrs. Cooper money when she sick,
because her nasty, cross husband absent attend
ing 10 his business and had not left any thing at
home for her, &c. &c.
Other evidence, however, was adduced by the
plaintiff that went to show that he was a prudent
! affectoRate and attentive husband, besides being
good provider for his family.
The court delivered brief charge, and the jury at
ter absence OF few minutes returned verdict for
the plaintiff Of $4,000