The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-07-18
COOPER MARSHALL.
Ex-Judge Barbour Hears Some Con-
Trajectory Evidence.
GENEROUS. BUT NOT INTIMATE
Mr.. Marsha's Numerous Visits to the
Plaintiff.

The hearing OF tho reference In the matter Of
the Cooper SUIT growing out OF the Marshall
will case continued yesterday before the referee.
ex-Judge Barbour. at mis- Office, No. $50 Broadway.
Mr. j. NJ. Scribnsr, counsel for Mr. Cooper, occupied
the whole day. He continued his searching Cross
examination OF Mrs. Cooper. She did not bear The
ordeal well former days. contradicting ner-
self in several points However she generally quickly
discovered her contradictions, and corrected her
answers or explained them.
The first questions asked wore In relation to money
matters between her and Mr.. Cooper. She had never
written out Two receipts Tor money and asked Mr.
Cooper 70 sign his name to them
"Is tina, true as any other part Of your tss'i-
mony 2" piq uantly asked tho COUNSEL.
eyes, SIR" replied Mrs. Cooper fereely.
sPrior to tho 17th of March, 1875, did the divorce
between yourself Mr. Cooper form the subject OF
your thougnts2" OF tho questions asked 81
am not swearing as to my thoughts" said Mrs.
Cooper. Counsel objected, and after some argument
the question allowed ana sho answered "No. STR"
Mrs. Cooper testified that her husband did not 1.-Two
at No. 124 East Twenty fourth street much ten
days alter the divorce had been obtained In her
original deposition she that she had lived there
some months alter that time. Mrs. Cooper was
shown her former testimony, ana arst said II might
have been altered and then said It a mistake
Tho date OF her leaving her husband was
tho 18th OF March instead OF the Eth
as in the deposition. There were other
mistakes IN II. Part Of tho deposition was then read.
stating that the complainant had no knowledge Of
aduIteries committed BY her husband at any time
prior 10 tho 18th OF March This statement she rct
Then she went say that In 1871 and 1872,
while living Pleasure Bay, her husband had con.
Tossed his adueres to her on At least four different
occasions At one time ne said there was ono woman
he did love, and he ddn't caro- Tor Mrs. Cooper; :he
sooner she left him tho better no would like H. In
conversation at Mr.. CsldweIs ONCE on the 30th of
March compensation exacted by Kirk for giving
testimony was spoken Of Counsel bore objected.
She asked the questions be read over, and denied
that the subject Of money compensation talked
OF. She did not know whether any money had been
paid Kirk. at would well for you to pay a.
,ention TO the questions ask you," sarcasttcaly re-
marked Mr.. Scribner.
NO coLLUA0N
In reply TO further questions she testified that her
husband had frequent quarrels with her pending tho
proceedings; he was frequently angry, but would
sometimes plead aud beg with her to drop the suit he
generally manifested his opposition 10 inc SUIT be
and prosecuting ner he sometimes manifested dis
position TO facilitate the divoros she could give net
the words tho substance OF tho conversation
that ocsurTed whom her husband manifested this dis
position.
This was vital point as tho reference was ordered
with the solo purpose OF finding out whether there
COLLISION or fraud in the divorce. M. Ten Eyck
objected Mrs. Cooper recoilected herself and "took
81 understand you now to swear that from the com.
mencement OF that action until tho decree was OBJ.
tanned Mr. Cooper was uniformly and always antae-
opisic 10 tho proceedings which you had nssita.ed
Is that soi" asked Mr.. scr,bner Mrs Cooper an
swered "that Mr.. cooper had always and uniformly
been in opposition 10 the DIVORCE and mat about
weeks after divorce proceedings had been begun her
lounge lie wanted hor go mp stars with him. She
refused He then took some money out OF hts pocket
she replied, mr. Cooper, what 40 YOU meant DO you
think am u common prostitutsY want you 70 leave
this house and never enter u again. II you do not
.And like an obsdient dog he took up hts ha, and
lett. DID hsi" asked counsel "He went away In ten
or fifteen minutes" witness answered.
On the morning OF the 18th OF March she had
csnvsrsation with M. KIRK, her husbands eompan-
Ion, and asked him n he had been with her husband
to house In Wooster street on the previous aay
II he had been with 4 woman; Mr.. Kirk said, after
some hesitation, that and would be willing TO
swear 10 IL she did speak Of the house a. house
OF prostitution OF Of The woman as prostitute; Mr.
Kirk Then wont down 70 Mr.. CaldwelPs office.
A recess OF half an hour WAS here taken.
GENEROUS, BUT NOT INTIMATE.
Shortly before two O'Clock all parties reappeared
FED There was no bargaining or dickeripg with
KIRK as to the testimony he VAS to offer; prior 10
divorce suit; Caldwelps charges for eonaucIing Tho
suit TO be $500; she borrowed .he money pay
r.. independent
posed adultery In Wooster street there OF
adultery on the part OF Mr. Cooper which she ablc
to prove; her SISTER, Mrs Pitcher, was pretty sure
"Did Nj. Cooper tell you whotner tho house he
wont TO in Wooster street was house Of prostitution
q biacksmiths shepf" asked Mr.. ScribnsE "He
sa'd no had been with woman" answered the wit
ness.
Anything else. might 1t nOtS" continued the exam
liner. n know nothing but what ] have SAID"
;no response.
the Sd OF April; she dined with him. they dincd TO-
ge,hcr; he d,ned Win her; she paid Tor The thinner
IRON long ago." she did not learn from Mr..
Lippiucolt before ne TOOK the sand IN the divorce
tracted by cooper; she heard that from her sister,
Mrs.. Pitcner; Cooper had offered to give her every
v voreo suit love herr OH h. loved ner dearly
"Didn't say you had no cause Tor the divorced"
asked counsel HE didn't say that, answered MRS.
Cooper, quickly.
Witness could not tell the precise number OF visits
paid 10 her at her bedroom by Mr.. Marshall; could
not tell within u hundred times; he there very
often; she not ASHAMED OF II he did visit her
every day ana every night tho door closed about
hall the time these visits, but not locked; Mr..
NarshuI generally stayed I'LL about ton O'Clock: sac
was not intimate with Mr.. harshalL
O. You aon't consider that receiving man In ysur
beuroom every other night IN the wcek ind borrow
log money from him places you on intimate terms
with himY A. expected 20 pay back all the
money borrowed, as far ~ receiving him In my
bedroom Mr.. Marshall was gentleman In tho bed
out OF II.
u DID you unuerstanu me 10 dispute tbAS MT.
Marshall was u gsutlemanf A. 1 don't think you
O. How did you expect to pay back the money you
borrowed from MIN : A. expected TO keep board.
Ing house.
Witness then repeated a conversation she had had
with Cooper In winch the latter said he would be
the side paid him the most money tue ensuing
litigation. Alter coniradicting her former testimony
on the airect examination IN Two three instances
tho case adjourned until next Friday mSrning ~
mali past ten
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AN UNEXPECTED CApTTrRE
Revenue Agent Webster, Deputy Collector Hawley.
United States Marshal Dcnbert with posse Of police
ana revenue ohccrs, yesterday seized Illicit dis