The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-07-23
COOPER-MARSHALL.

TIE CONTESTANT AND HER SISTER ON THE
sTANp-EvIDENCE OF COPIES CRUELTY
OFFERED.
The CooperM arshall continued before
Judge Barbour yesterday. The claimant dressed
In plain black dress, nsr sister, Mrs. Pitcher,
who by her side Mr. Cooper's bank book was adj
m,tted as evidence, and thea Ire. Cooper Marshall
was called to stana for her redirect examination
She said that she changed her room at Mrs. Wiher-
stems because she had been promised better one
when she first went there. When her husband
threatened to take the children shc said that she
would have tho girl and he could keep the boys. As
Mr. Serbner, for the estate, began TO crossexamine
her she replied tarly and Ioyed with her fan while
she OCCASIONALLY tapped floor with the tip OF her
shoe She could give tho entire conversation be-
tween herself and husband In Mrs. wnhersteins house
at the time when Mrs. Withersicln was asked 10
STAGE" him with statements he was reported to
have made in that Mr. Cooper SAID that
Mrs. witherstein snake in the grass; that she
had made false s,atements then no asked witness TO
1.-Two with him again and he would reform, setts down
and 60 iuto business; no had $500 IN q German saw
ings bank and he would treat her we'll and have the
children i've with them again; he acknowledged that
no mad been bad man; wtaess told MIN that be had
made Just such prom before and had broken them
could not trust him ne urged her 10 try him
once more, whereupon she consented TO live with
him.
INNOCENT LAWYERS
Then the counsel cross-examined her In regard 10
played cards her previous testimony, but
IL was ouly Tor beans or corn
''Well, uid you play Tor money!"
"Yes, Tor lew cents, bu. not Tor dollars "
ssWhat games did you play 2"
She REPLIED "Poker, eucnre and caslno."
Al this lawyers looked at the Court and tho re-
porers and seemed greatly perpexed as TO tno mean-
lug OF her terms.
:What is e4snoP" asked the counsel with Father
Hyacinthe nead the opposition explained and ADDED
directions Tor spelling the word. She Said Mr. Serb
her was irying make out that sno mad played Tor
$50 or Sac out ~ swear" SAID she with proper EN-
phAsls, 'nat never did play Tor large sums" Eur
ther on She explaining about going out 10
work as seamstress, she suddenly pAde prolonged
pause, as though she mad concluded her testimony.
W as saus SaSs hs Dp
TO thinK" she retorted with subdusd fire. "What do
you want 10 known" sho continued, aud when no
asked about certain sewing machine she hxei
colo sarcastic eye tho gentleman and said, ''You
have asked me that question three times to my cer-
In speaKing further OF the conversation with Mr.
Cooper al Mrs. Wmherstein' winch has boon alladed
all the charges maze against her by Mrs.
WItnersein, TO the effect that Marshall was then keep
ing' her."
Tho next Witness WAS Edward }. Pitcher,
Long Branch, ami brotner-In-law to me plaintus
sister. He had known tue parties 10 the SUIT slice
they were cnidren his brother mad married the SIS
ter oil the c0nles ant; pending the divorce, three
years ugo, Cooper had asked hm 10 get MIS- Cooper
to stop proceedings; he had done wrong, was 10
blame and would reform ana Oe husband 70 her ana
father 10 chiIdrsn; Witness could 40 nothing, as
he cid wish 70 Interfere Detw cen man anu vile.
Here Mr.. Scribuer remarked that Mrs. Cooper must
stop making faces ~ hin-ne would not stand It,
Sue smiled ana sud lie must not LOOK 80 cross ut
her
Mr. Scribner smiled family, ana proceeded to cross
examine Mr. Pitcher, who displayed Mexican SOM
brero MS replies IN phy, sn0rt sentences,
ike u lawyer. The interrogations developed That he
had removed from Office a. Long Branch while "a
police mag strate hearsay evidence, aud that ne
had friendly letter from john Hoey, super
inlendent OF Adams Express Company, VINO ex-
pressed regret for tue proceedings winch he (oey)
bao initiated, ana favor OF bis return 10 ofce
Witness said that while be was police magistrate Ut
Long Branch he had hired lawyer Tor $40 to defend
IA woman IN action nticipaed and not begun; this
was the OF his removal.
Mrs Henrietta Pitcher next took the stand Since
March, 1878, sue had lived near Eaontown, N j..
but had previously lived In Long Branch; sue was
sister 10 tho plaintiff aud nad known her ashland,
Cooper, twcnty-slx years; he was generally uuder
the influence OF nquOr aud was abusive 10 mis- lam
lily; III 1871 or w Mrs Cooper came to Witness
room midnight with both OF her children. he
counsel being interrupted by IN objection AS TO why
she came, he SAID that he wished To corrorborato
Mrs. Cooper;s testimony, showing cruel treatment,
which caused her to leave him IN the middle Of the
night with her children, but tue objection su.-
tanned. Then Mr.. Ten Eycx, the pialntir's
lawyer, began searching Judge Barbour's law
books for precedent TO ask his ques-
Tor whie and said that he had better study law at
his ONCE aud waste tue Courts Time. Mr. Zen
Eyck continued hr perusa OF the legal authorities.
AMI I'VE ten minutes Mr.. Scribner turned TO the
referee and ''wanted 10 know II proceedings should bo
delayed tor q counsel 10 study law"
SLEEPING PROVIDENCE
The witness finally proccedsd:-Coopcr came TO her
day aud asked ner 10 nave her sister stop tho
divorce case he SAID that, before Cod tie hoped to
OF rum aDusea ms wife AGAIN. Wtness asked nim
II he were not AFRAID Goo would smite him with
affection because oil MS ofiencesS Cooper replied
that =" do believe there Is God, ana II there Is,
Hal aslcep.u