New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1878-07-30
THE COURTS.
A WITNESS WTTHA WAKENED CONSCIENCE.
TESTIMONY OF 7. A. KIRK ~ THE coOPER-hAR-
SHALL CONTEST.

| A WITNESS WITH A WAKENED CONSClENCE'
| TESTIMONY OF 7. A. KIRK ~ THE coOpER-hAR-
SHALL CONTEST.
The long protTacted proceedings In the
Cooper case in which The heirs OF Mr.. Marshall
are endeayoring to establish that the divorce OF the
who claims TO be the widow OF John f. Marshhli
obtained by collision between her and her husband
continued yesterday before exJudge Barbour Al
the whole day spent in the examination. cross
examination, determination and Recommendation
of T. A. Kirk the chief witness for Mrs Cooper In the
divorce suit. He then testified that he went With MI
Cooper house OF bad character He says had he
testified all he saw, the facts would not have justified
the referee finding Mr. Cooper guilty and that some
vefy natural differences from his words were not jus
fed either by the facts or what he said.
Kirk testified yesterday that March II Cooper
asked him to go with him to certain house. saying
that visit would be ample proof for his wife to Get
divorce. He did so. He was to get $50; when
he went to Cadwell's Office he was offered $a-for
his testimony. He refused to give it, and asked $50
After some haggling agreed take $50, Mr. Caldwell
promising to get him some work He then gave his tes
mony which was true as FAR went but he did not
toll the part of IT, which would have defeated the
purpose Of their visit that house. Kirk examined
as TO something he said he overheard between Mrs.
Cooper and Mr. Cooper just before the divorce He was
sleeping room to Mr.. Cooper and there was
door between the rooms When he woke mp he heard
that If Marshall would give him So, 900 Mrs Cooper
might 20 with him. II not she might come back 10 him
and they would be faithful husband and true wife TO-
geher.
During this testimony Mrs. Cooper opened her eyes
very wide and stared blanky at Kirk Kirk then tes-
titled that be would have given the testimony on
the divorce he had not been paid 800 In other
words 1t was true it stood, but not perhaps
1t was understood. He had not been promised
and had not received any money from any OF the
Marshas for his present testimony. Cooper had not
paid or loaned him cent for his present testimony.
heard. She henrd It, She in his bedroom when
the conversation occurred. He supposed she came
through curiosity. She there when the witness
woke up. She sitting down, listening. He expected
did not inform Mr. Caldwell OF the facts he had stated
Saturday and Yesterday which would have defeated
the divorce He had since tnat he had given
his testimony and bad been induced TO visit such
house. There quarrel wrange in his presence
Caldwelrs office betW Mr. and Mrs. Cooper. II he
had the $50 he would not have testified at
all. During the tendency OF the divorce suit, Cooper
had money The reference IN CaldwePs inner roOm
George W. Cfummell, a cOOred man, formerly en-
poyed by Mrs. Wtherste, OF No l3j East Thirteenth
st., testified " knew Mrs. Cooper. She occupied the
back room. secOud-OOr. carried things to her room.
have seen Mr. Marshall in her Sometimes her
daughter would be IN the room with her. Mr.. Marshal
came there nearly every night lie duIL ulne III me
dnlngrOOm. Mrs Cooper sometimes took meals 10 nor
room. / Mr. Marshall once in her room found
hun sitting lounge vita his coat of and pair OF
slippers can't say that / saw him so more inan
not In tnem. / have seen Nj. MARSHALL IN Mrs.
COOpeI's late 10 o'clock. There were wines
sent Mrs. COUpePs carried them up stairs To
her rOOui."
After some further testimony. going TO show Mr..
MarAals intimacy with Mrs Cooper at that house, tie
matter adjourned to this morning