The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-07-26
THE COOpER-MARSHALL CASE.

PROCEEDINGS BEFORE THE REFEREE-CRoss-
TRANSLATION OF MRS. COOPER -MATRIMo-
NAL MIsERIEs.
The proceedings before Judge Barbour, referee.
opened yesterday morning win tho reading oil atse
gram from Or. Goo1enough, OF Long Branch, stating
that Mrs. Pitcher, q leading witness and sister OF
the contestant, was too i'll to attend court Con-
siderable time was spent In correcting the testimony
given by Mr.. West, who Is brother Of tie plainuf.
Mr.. West was cross-examined by Mr.. Scribner. He
testified that he mad lived at "MrG Marsna's' house,
but he deuied that he was told by her or by Mrs.
Pitcher the civse OF his last examination that he
had made serious blunders in It, such as saying
tnat he had d,ned with Mr. and Mrs. Marshall at
time which was several months after Mr.. Marshairs
decsaso. The witness sara that the man who wrote
up hts testimony had made errors in II.
a prolracted wrangle followed among the lawyers
about closing the plaintiffs side OF II they
mad any more witnesses to produce Mr. Scribner said
he wanted 10 hear their names 1t Anaiiy agreed
that Mrs Pitcher should be allowed testify when
she recovered, but otherwise the case should be
closed.
THE CROSS EXAMINATION BEGUN
the defence SAID that they ready have their
witnesses examined, and accordingly Mr. Cooper
was put tho STAND. He was forpery Mrs. Cooper.
Marsnall's husband. He was 80 unsatisfactory and
vacating In his replies THAI the Judge had
to Lawyer scrioner ard remarked tnt he would like
to put Cooper and West In double harness and drive
them the racecourse.
About the time cooper frat took the stand Judge
Fullerton, who Is retained Tor "Mrs. Marshall" an
tered the room aud remained while in earnest
sultatiou. Mr.. Cooper was cool and his statements
were contradictory that the Judge told him that
he was gotting himself mixed up Witness SAID no
lived at Long Branch forlythree years, except tnree
years spsut In New York and Brooklyn. He married
Mss West, Mrs Cooper Marshall, in 1885, and
she bore him two boy and girl
Mr.. Ten Eyck asked with some vehemence
when did no marry Mrs. Marshall?
Witness declared he never married Mrs. Marshall,
but married Miss West.
Mr.. scr,bner sustained tho witness, aud said ne
did not believe that the lady had any right TO the
name Mrs Marshall"
CooPEE's ANSWERS
lnihe afternoon Mr. Cooper WAS examined for Two
hours. HIS Arsi child was born five or SIX months
after his marriage; the second CHILD boy, was born
two or tnree years alter his marriage; witness ived
with MS father in the house known cooper Cot
| tage" at Long Branch
Witness said that John Marshall and Russell Hu.
lick were guilty win his wife SO lar he know, ou
| several others played cards with her.
DRAW PoKKR.
Ten Eyck demanded The names, with time and
| place. Witness said she plAxed draw poker with
James Nuoold Tor stakes Of SIS ana $40; heury Green
Tue referee and Mr. scribner said that they did not
know anything about playing draw poker.
Mr. Zen Eyck said that he cid.
| Then Mr. scribner leaned codly toward Mrs. Mar
f, shall and asked her IL she played good game. She
J answered with silent, sarcastic smile.
i Witness SAID that Jamos Wardell played with her
| good deal
| Counsel asked II witness protested.
mo-" he said
| .Did you invite them TO your houses"
"N0.''
| .sbid you tell them 10 60 P"
"No; haa Darroom; they were my patrons; but
never bet nor took u hand in tue games; always
objected 10 their playing; did not tell them they
m ust not play; did not ike il; did san con IL
allowed IL because loved anu esteemed my wife:
| do not love ner now"
| rms Judge here remarked that witness would not
want 10 love another mans wife, meaning Mrs. Mar
shall.
81 ceased to love her, said Cooper 'swhen though
she loved Marshall Ho was at the house hun.
drsd Iimes-three times dsy-mornIng evening and
night. Mrs Flynn, wife Of ex.Coroner Flynn, told
that she untrue 10 me-"
.sYou knew that Marshall was at your hotel ire
quentiy, DID you aot?" asked the counsel
"You said a hundred times, q moment ago."
ayes, lound him in her bedroom two O'Clock In
the afternoon; he was talking with her; said this
| Is WORK."
| "Why didn't you ordor him outsn
81 lid not thiuk OF II; l went of for tho day and
left them there, but r the evening talked TO her;
thought that II she wanted TO take up with another
man II was all right; made no protest. she said IL
was only q friendly visit; moved from Pleasure Bay
ME- len Eyok tried to discover how no came to
think oil moving TO open the decree three alter
WiIness said, that he always knew that his wife's
| divorce sset up job" He purposed TO SET IL
| aside get ono from her Witness continued that
| he did not keep an immoral house.
Have you been Improperly intimate with other
womrn9' asked Mr. len Eyck Win FIRE in hs eye.
ION, that rs another thing" replied the witness
tion. A prolonged argument was prevented by the
arrival OF the hour Tor c,osIng the court.
IL is expected that Judge Fullerton will take part
the proceedings TO-DAY IN behalf OF Mrs CoopsrM
shall