The New York herald., 1878-07-06
COOPER-MARSHALL.
YxsrERDAYs PROCEEDINGS BEFORE JUDGE

YEsrERDAYs PROCEEDINGS BEFORE JUDGE
BARBoUR-MRs. COOPER ON THE STAND.
The proceedings in the reference case growing cut
OF Mrs Cooper.s claim to q legal divorce from her
husband and legal marriage to Mr. John r. Marshall
were continued yesterday morning. before Judge Bar
bour, al the latter's o1hce MIRA Cooper on the
all day. her direct examination being concluded
with the morning session ard the crossexaminat'on
beginning In the afternoon. Counsel and parties on
both sides were present. and Judge Fullerton looked
In .or a short time In morning acting associate
counsel for the plaintiff.
Mrs Cooper, hsr dircot examination, testhed
that she went 10 Mrs. Wrherstein's, in Fifteenth
street, 70 board Of conversation had with
Mr.. john MARSHALL Counsel asked what the conver-
satsoa Question objected 10 and excluded Wit
went testify that Mr.. Marshall never came
out OF her room late as two O'Clock In the morn
ing; he usually stayed late ten O'Clock at night
Mrs Witherstsn was In the habit OF coming In and
going out Of tho roon Mr. Marshall never TO witness
knowledge passed the night In the house; she made
Mr.. Cooper believe that she was employed by Mrs.
withsrstein as a seams.rsss; Mr. Marshall visited
witness quite often; no lrst brought thore by
Mrs. Withersten; he mover stayed all night in her
room; sometimes he took dinner there; he did not
pay BOARD. dia he visit her every night, prior
to living Mrs. Witherslein's witness had known Mr.
Marshall eight was on familiar. friendly
terms with hln sne had never had any improper re-
lati0ns VIII MIN.
George W. crummeil, negro servant ~ MRS.
Witnerstea's, had testiaed that he had often seen
Mr.. Marshall in Ms. Coopers bedroom stting there
in mis- shirt s,ecves and win ms shoes on, aud
had also MN sitting on the sofa next 10 Mrs.
Cooper. Mrx Cooper denied this ana several other
allegations; she described visit 10 her husband
Long Branch; she asked nim II he was gong 10 get
their divorce aside and receive $40 600 Tor so
doing; sand he pretty poor then aud would do
NIL he could for the SIDE which paid MN the most;
sho then spoke 10 him OF the woman ne was livng
with disgrace IL to their chidren he re-
Piled that he didn't care tor MS children, as they
wouldn't care for nim WHOM lhey grew up.
Counsel asked-"Shortly before you left Mrs.
Witherstein did you 10 your room day and ind
Mrs. WIherstein suing on John f. Aarshail's lap
with one Of arms around h,s neck and Kissing
HIM sn sNot IN the afternoon began Mrs. Cooper,
but Mr. Scribnsr objected ana the question wAs sx-
ciuded
THE AFTERNOON SESSION.
Mrs. Cooper again took the stand III The afternoon 10
undergo trying cross-exa nation from Mr. scrbnsr,
counsel tor the Marsha In answer 10 his questions
sue denied playing a. cards and winning from wv 70
$40 at a sitting from several mon.
= Did you At one time for wager attempt to stand
on your head the public barroom Of the Pleasure
Bay Hotol? A. never did.
q Did you ever 20 the woods alone with Mr.
Rush HewhttS A. No. Sir.
Witness had lett Mr. Cooper for two days at ono
time hen ho had oruered her out OF the house aud
she went to her sisters Tor protection, She denied
ever leaving her husband 10 meet men in New York
tor improper purposes. Mr. Cooper had kicked
TINS occurred ut Pleasure Bay Hotel; he was drunk
she sober.
O. Was he barefootodf A. He was; he tried to
Kick me out of bed aud II had been small woman
he would have done II, too. (Laughter.)
O. Was there an interval VI more tnan one night
between kIcksY A. Ycs SIR.
Q Then IL wasn't the old drunk he on
A. He the same ola drunk most OF the tmo.
Q. You continued to live with him. notwIthstaad-
ingY A. did.
Witnoss noxt questioned In regard to her hus-
bauds slapDing her She could swear 70 at least tive
times that he slapped her; IL was during the nve
last years at Pleasure Bay QUO slap year. couldn't
say what the interval between the slaps; he
wanted to quarrel with her. and when she would not
quarrel he slapped her; her husband once tried 70
choke her ON fulton Jerry boat, and when Trend
demonstrated he asked, Aavont got right TO I0vo
my wifer' Cooper was once IN business with her
brother IN Twenty-auh street, but only Ior short
time.
AT this point tho case was adjourned until this
morning.