Evening star. [volume] (Washington, D.C.) 1854-1972, 1901-03-06
DAMAGES PLACED AT $4,000
REPRESENTATIVE IN CONGRESS
NAMED AS DEFENDANT.
Suit Growing Out of an Alteration in
Pullman Car Last
May.

Hearing was begun today before Justice
Cole and a jury in Criminal Court No. 2
| holding a session for the transaction OF
| civil business, of the suit at law instituted
! by George c. Barker of Maine against Sam
Bronson Cooper. a representative in Con-
gress from Texas, to recover damages IN
the sum of 10000. Mr.. Barker seeks TINS
redsss in view of an alleged assault claim
ed to have been made upon him by Mr..
Cooper while the parties were passengers
on railroad train journeyinS toward this
city from the south the 31st of May last.
Attorneys Cotton and White appear for the
plaintiff the defendant being represented
by Attorneys Davis and Tucker.
In an explanatory address to the jury At
torney White declared that the day men,
toned both Mr.. Barker and Mr.. Cooper,
who were strangers. We're passengers oc-
cupyine seats in the same Pullman car.
Mr.. Cooper according to the attorney, per-
sisted in expectorating in the aisle of the
car. Mr. Barker, becoming disguised by
reason of this conduct, complained to the
conductor. As Mr.. Cooper persisted in eX-
pectorating in the aisle. the jury was in
formed. Mr.. Barker finally demonstrated
with him Mr.. Cooper, it was stated. re-
piled that he knew he was doing wrong.
but added that he did not care to be talked
to about the matter by Mr.. Barker in the
presence of ladies.
Mr.. Barker suggested that persons who
insisted on doing as Mr.. Cooper had done
should ride in a cattle car. Mr.. Cooper
returned to the smoking compartment.
When Mr.. Barker went there later for the
purpose of preparing for dinner, counsel re-
cited, Mr.. Cooper resumed the discussion
and, with an oath. struck Mr.. Barker a
blow in the face, knocking his SpectacleS
across the apartment.
In behalf of the defendant Attorney Da-
Wis announced that the 31st of May, 1900,
Mr.. Cooper had just left a sick bed, having
- tl,a
Pullman car he was minding his own bust
ness. The same was not true of Mr.. Bar
ker, who took the liberty of expressing
himself freely regarding southern people,
their conditions and habits. Mr.. Cooper
did eXpectorate on the floor. but not in
the aisle. He did not use the cuspidor
in his section for the reason that u fellow
passenger had his foot on it
Mr.. Barker, according to the Defense
complained to the conductor. The latter
made an investigation, but could rot dis
cover anything calling for action on his
part. Mr.. Barker declared in an offensive
manner. the counsel stated, that Mr.. Coop
er's place was in a cattle car. Mr. Cooper,
explaining that he couldn't resent the i'm
pertinenCe then, as ladies We're present,
gave notice that he would see Mr. Barker
later in this city.
Mr.. Cooper then proceeded to the smok-
ing ROOM continued Mr.. Davis. THE only
drinking he did was from a cod liver oil
bottle When Mr.. Barker appeared Mr..
cooper ulQ characterize Mr.. Barker in
strong language and resumed his seat Mr.
Barker followed him to the seat and re-
sumed the lecture about habits. Mr.
Cooper with his open hand thereupon slap
ped Mr.. Barker.
That, gentlemen Of the jury" concluded
Mr. Davis, as the substance of this tenn
pest in teapot"
The introduction of testimony in behalf
of the plaintiff, consisting for the most part
of affdavits of persons who were on the
car the day of the occurrence, was next be-
gun. The hearing will not be concluded to-
day