The times., 1901-03-10
NO DAMAGES FOR BARKER
Verdict for Representative Cooper
in the Assault Suit.
The Jury Decides in Favor OF the
Texan in the widely Advertised
Litigation Great Public Interest
In the TriaI-History of the Case

in the TriaI-HistOry OF the case
iurv in Justice Coles branch OF
the supreme Court of the District, yes
terdav refused to award George u. Barker
of Maine. damages because Representative
Samuel Bronson Cooper, OF IeXas' sap
ned his face on a Pullman car IN May
last Barker sued Cooper TO recover W.
900 as damages for assault ana battery.
The jury which heard the testimony yes
terdav morning rendered a verdict in fav-
or of the defendant.
The circumstances surrounding the
trouble between Barker and cooper, IN
brief. are that on May 81 last the parties
were en- route to Washington from the
South. on the same Pullman car; they
were not acquainted with each other and
their seats were nearly opposite each
other in the car Cooper, it was testi-
fled to- had but recently recovered from
a severe attack of the grip, and still had
a had cough AS a result he found II
necessary frequently to relieve his throat
In doing so. he expectorated upon the
Garnet in the aisle of the car This, II
annears was offensive to Barker VINO
made complaint to the conductor Inc
conductor however, saw no reason 10
sneak to Mr. Cooper about ms cohuucl
and for more than an hour the mdtIel
was dropped. Barker, however uhder-
took to demonstrate with RepresehlatiVe
Cooper about his actions and lncldehtally
remarked to him that man VINO Wouiu
spit upon the carpet of a pullman car
ebo,,,d NOT he permitted to ride in one, but
should be confined to a cattle car rms
angered the Representative, puI as theIe
we're several ladies in the car, ne sald ne
did not strike Barker. but asked MN ms
destination and his hotel. ON being IN
formed by Barker that he Wouid STOP III
Washington at the RalelSh hotei t tIiG
Texan notified Barker that ne Wouiu SIL' 81
,Inon him before supper. After TINS Mr
| Cooper left the Pullman paFlor car an l
went into the smoker, Barker soon I9l-
| lowed and Cooper approached hlm M 4es
manded that he apologize lot "hlI ne
| termed the curtain lecture he h4d given
him In the presence of the paSseLeeIs
! Barker refused to apologize ahq CooPei
! in expressive language gave hiih ms opi..o pio
| ion of a man who would not aPol9sI11e
under the circumstances, after ne hau au-
mitted that he was wrong
/ When Barker did not resent the IAN
/ ol1ape he used to him, Cooper SAID -tIere
! was nothing else for him TO 90 put 10 sIdP
! Rarker's face. and this he did
| II was intlmated that Barker was armed
! with a pistol when he went piot tie Li
| smoker. and that ne had his hand on ms
/ hin rocket as he approached Cooper MI.
/ Cooper testified, however, that he alql Iiot
| have any fear Of Barker drawing = PiS-
| t0l for if he had he would nave STRUCK
/ rim with his fist instead of his open hand.
/ The trial was commenced on NedhesudE y
! morning and the case was not submitted
| TO the Jury until Friday afternoon al
! about 3 o. clock. At p. M the uSual houI
for the adjournment of the court, a YER
! dict had not been reached, and many per
sons who had watched the case from tIe
beginning expressed the opinion that the
/ jurv would find damages for Barker AT 1
| a. clock Justice Cole directed the jury tc
| remain in their consultation room until an
1 agreement was reached ana report
sealed verdict This was DONE EesterdaH
/ morning About two hours afteE the cour'
( adjourned a verdict was reached and the
/ jury sealed its finding aud placed II or
file with the clerk of the court. 80"
Promptly at 10 o'clock yesterday morn
ing the members Of the jury were in theil
places. Two minutes later Justice Cole en-
tered the courtroom and the foreman o
the Jury announced the verdict as alread!
stated. -
Judging from the attendance at IN
hearing each day q greater interest wa
! taken in the result of the trial than II
anv other civil case heard In the Suprem
Court of the District In many years Boti
parties were represented by promlneh
counsel. and during the time OF the arsu
/ ments the courtroom was crowded BARK
/ er was represented by Attorneys Cottol
I and White. and Representative cooper D.
Messrs Davis and Tucker When the re
suit OF the trial was announced Doth coop
/ or and his counsel were warmly congratu
Il lated by their friends on the successfu
termination Of the issue