The New York herald., 1878-09-24
COOPER-MARSHALL

CONTINUATION OF THE REFERENCE BEFORE
JUDGE BARBoUR-soME LIVELY BIcKERING
BETWEEN COUNSEL.
The hearing OF the in the of Isaac p
Cooper Ruth Cooper for annulling former decree
OF divorce, the ground of colluson fraud.
resumed yesterday morning, before the referee,
Judge Barbour, at his ofco, No. 239 broadway. The
first business was the signing OF her testimony by
Mrs. Cooper Then her sister, Mrs Pitcher. took the
witness stand and was cross-examined by Mr.. Scrib-
ner. She had overheard cow ersation between Mr..
and Mrs Price, in which MI. Cooper's going to a
house Of prostitution had been spoken or Cooper
would not have known 1t was morning except for the
sunlight streaming In through knot hole. She did
this from Price directly. III Mr.. Price tes-
titled SO he was wrong, wac he not2" asked Mr. Scrb
ner ADDING that zone OF the two had been lying ana
he wanted 70 II witness would acknowledge it."
"You made up your minds TO commence SUIT for
divorce, asked Mr. Scribnor .and then see IL you
for tho defe ndan objected Mr. Scrbner said he had
q mind 10 withdraw from the examination account
OF the constant interruptions OF counsel Mr. Ten
Eyck said that he had never been spoken before in
such manner. "You probably never behaved be-
FORE" reorted Mr.. Scrbner. The other accused him
OF misstating evidence. Mr.. Scribner answered. IF
you that you state what Is not true" Alter tho
TO The question. Tho point Mr. scr,bpor WINS irving
TO establish that the result arrived at Cald-
Wells ofiico was that the action TOR divorce should
DO commenced by Caldwell on behalf OF Mrs Cooper
against her husband for. an absolute divorce
tho mere statemc cnt that had made by Mrs.
Pitcher and Mrs. Cooper to Caldwell that occasion
ana without any interview having yet occurred be-
tweon Kirk and Caldwell Tho Adams in lcrview was
taken up, but nothing elected from the
witness. About halEpast one recess taken until
two O'Clock
AFTERNOON
Tho afternoon session exciting that is the
proceedings bore strong resemblance to antics in
bear garden. Everybody seemed rcady to growl at
body else, except Stcnographer Adams and tho
relerss sx-Judge Barbour, who sat dismaysd at the
frequent SQUALLS. In the morning session Mrs. Pitcher
facing her the latier's counsel Mr.. Ten
Eyck aud Mr.. Caldwell Mr. Scribner's buck
turned toward them. Hints freely
passed around that tho witness being
prompted by her iricndR In the afternoon
session, therefore, Mr. scrlbnsr insisted upon
changing with the Witness that she could
tracting his attention. Witness admitted that Mrs.
Withersten had said that she (Wuherstcin) would
swear to anything for Mrs. Cooper. Witness also
tined that she would not swear she paid moro
than visit to Mrs. Cooper ut Mra Witherstein's
house; that she didn't ind Mr. Marshall there in
her bedroom the door was sometimes closed, somo-
times open. How many times closed witness could
not say. Mr. Scribner asked IN quick succession II It
nty times, sixty times, thirty times, forty
times, twenty-five umes3 Witness said it not as
many ss twenty-five times. "rwenty times 2" con.
the lawyer going on through oil the numbers
from tweuty down TO zero, but witness could
only say that the door was closed as
many ton times and not as many as twenty; she
didn't regard Mr. MArshals being aione with her SIS
ter in her sisters bedroom At night, with the door
closed as anything improper The hearing was ad.
iourned until hslf-past ten this morning