The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-06-14
SEEKING HER DOVER.

THE COMPLICATIONS ARISING OUT or MRS
or THE LATE JOHN .. MARSHALL "a PEcU-
LIAR CASE.
The legal comp ications arising out Of the dssth Of
the late Jonn r. Marshall proprietor OF the Madison
avenue stage line promise oe iraught witt con-
siderable interest Mr.. Marshall passed as bachelor
all his lie. After his death, which occurred lew
months ago. Mrs. Rath Cooper, q lady who had boon
divorced from Isaac p. Cooper, Long Branch hotel
proprietor took steps 10 claim her dover rights in
Mr. Marshall's estate, estimated al threequarlers Of
million, the ground that Marshall HAD secretly
married her ana that therefore she mis- Lawful
widow. The Marshall family, in order nulify her
claim sock 70 aside the decree OF divorce she
procured from Cooper rs having Dean irauduiently
and collusvsy obtaned and Coopers SUIT against hts
former wife Is prosecuted by tho attorneys OF the
Marshall heirs. Mr. Z. S CALDWELL who IN conf unc-
ton with sx-Juage William Fullerton, was engaged by
Mrs. Cooper TO secure her rights, was The
torney who procured her DIVORCE and II the present
suit succeeds not only Ia Mrs. C0oper's claim to
secure her aswer rights as Mr. Marshalls
widow nulhled, but Mr.. Caldwelps profess
sional character 10 seriously assailed Juage
Donohue has animated tina, IL . fraud prac-
Used upon him when he granted that OF divorce
TO Mrs. Cooper ne woula mete out stern punishment
to The guiy parties anu has appointed exJ Judge Bar
bour tho referee to Investigate the facts.
CALDWELL EXAMINED.
Yesterday morning ,he lrsl hearing was had before
the referee. Mr.. Scrioncr, OF Robinson scribner,
represented MIR. Cooper the Marshall family, ana
Mr.. len Eyck and Mr. CALDWELL appeared in oenai OF
Mrs. Cooper The lady aud ner sister, Mrs. pilcher,
who figures prominently IN the case, were also pres
ont Mr. Caldwell was examined at great length by
Mr. Ten Eycx IN order - suow that the divorce was
nrn rad and lhut M N..ln-
sion. Mr. Caldwell narrated how he was waited
on on the 18TH OF March, 1875. by Mrs Cooper,
whom he then saw Tor the hrst tinie and
how she informed him that Theodore A. KIRK (uow
conductor inc Fourth avenue line) had confessed
Wooster street IN company with her husband. she
also toid Cadwoli that her husband had admitted
to her Inc facts relaed 10 her by ekirk, although he
declined 10 give Der any specific dotais Her sister,
MIS- Pitcher, sne sao, had told her OF other acts Of
adultery on me part of Mr.. Cooper Mrs Cooper then
sent 10 MS ofce KIRK, WHO corroborated her story
every particular, gave the number Of the mouse ami
detailed description Of tneir visit 10 ~ and tile papers
were then drawn up oy Caldwell ana served In the al
ternoon upon Dir Cooper. Some days-aiter Coopor
came to Cadweil's Office and asked INN what
he could do 10 prevent his wife getting a divorce.
Caldwell told MIN that must get lawyer TO defend
The case Cooper urged that ne hxa not the money,
aud Caldwell referred him 10 several young lawyers
who, ne thought would do 1t cheapiy subseQ uenlIy
Cooper engaged A. H. Alcott son oil Judge Alcvtt 10
defend the SUIT ana both parties consented 10 refer
ence, Jndae DonOhus appointing Wiiam II. RYAN
referee the hearing before the referee was besu on
M.rch 80. Mrs Cooper and Mrs Pitcher were sx-
acts OF adultery which tney claimed were committed
by Cooper at long Branch ana Brooklyn; W. Is. lap
tain submissions made 10 hun by Cooper, and heodore
A. KIRK narrated the details OF his visit In company
days later reported in iavor OF divorce. and Judge
Donohue granted the decree.
'a SHARP CROSS EXAMINATION.
Mr. Caldwell was sharply cross.exAmined BY Mr..
Scrioner. dc was asked whether ne ana not say TO
Mrs McKenzle, formerly Mrs. weatnerstein,
boarding house keeper, with whom Mrs Cooper
boarded tune, to Mrs. Cooper In presence
of Mrs. Mckenzie, that In to procure divorce It
a house OF iii fame Mr. Caldwell empnsl,caily de-
MED charge He then asked whether This
boarding hoks keeper had not told him tina. Marshall
visited MIRA Cooper anu intimate with her anterior
TO the date oil tue alleged secret marriage, and he
answered again IN the negative no denied that he
(Csdwel) would pay his fees. He was asked whether
KIRK was not paid Tor his testimony nd he denied
cept MS loss OF time. He admitted that Tor krks loss
OF time In Rvng mis- testimony he paid HIM 500 Did
that Wooster sireetf another ques
ton answered IN the negative by the attorney. Mr..
been obtalDsd Kirk came TO him and asked HIM 10
holp him 70 get employment on one OF the norse
lines. He gave Kirk letter to the President OF the
Blocker street line, but did not know whether got
q place.
..Ax UNUSUAL THING"
Mr.. Scribner asked wneIh0r Dir. Caldwell did not
thuk It rathcr an unusual thing for lady the piau
tn IN u divorce SUIT, name 10 nor lawyer the
VINO could prove her husbands aaultery.
Mr. Cads oil respouded:-"Nol particularly so. The
same thing has happeuea to mo Two or snrse times In
other divorce cases."
Mr.. scrioner-how many divorce cases have you
had Mr. Csidweiif
Mr.. Ca,d~eis-l suppose abou. twelve or fifteen.
Mr. Scrbncr-And IN Two or three cases OF these
the same tn,ng has happened, you sAyp
Mr.. Caldwe-Yes, SIR.
illegal DsBuRskMESTs."
Mr.. Caldwell. IN answer to Mr. Scritner's further
questions. said he TOOK no retainer from Mrs. Cooper
but that he received his fee alter the divorce had
been granted. Mrs. Cooper had asked him how much
~ would cost her 10 get divorce. He told ncr u
would cost her $3.50, but nnaily promised to
$500, this amount include his legal disbursements
Mr.. Scribper-Wnat disbursements aid you maker
A. paid tho referees lees, the witness fees
other expenses
Q. How mucn did the referees tees amount To- A.
Fifteen or twenty dollars.
q. Did you pay thatf A. think did.
q WiIyou swear you did A. No, l won't swear
10 II positively.
Q Win you swear you paid tue referee a cent? A.
/ VAL not.
The hearing was adjourned until gone future day,
when the crosse examination OF Mr. Caldwell Is to DO
resumed