The times. [volume] (Washington [D.C.]) 1897-1901, 1901-03-07
ASKS DAMAGES FOR A BLOW.
Representative Cooper Defendant i'm
n Suit for 10000.

|
The proceedings in the suit of George
G. Barker, of Maine, against Representa-
tive Samuel Bronson Cooper, of Texas. t,
recover $4,000 claimed as damages for
assault and battery. afforded much
| amusement to the spectators who filled
Criminal Court room No. 2, where the
hearing was in progress, yesterday. In
giving his testimony Mr. Cooper was
very candid in his expression as to his
! faith in the veracity of Barker and on
| more than one occasion stated that he
did not believe certain statements made
| by the latter while he was on the wit
ness stand. There were also several lively
and interesting Tits between Henry E.
Davis. who represented Cooper, and At
torneys Cotton IL White, who appeared
| for Barker. ts,e
| While testifying Representative Cooper
stated that when he slapped Barker $
| face he had reason to- believe that the
latter was armed with a pistol. In fact,
he said that Barker had made hostile
movement by placing his hand on his hip
| pocket AT this juncture Attorney Cot
ton, who was cross-examiniDg Mr.. Cooper
asked him If. because of that, he was
! afraid Cooper replied that, although he
| feared that Barker had a pistol, still he
was not afraid. laying much stress upon
! the word .,s. a..
| MIR. Cooper admitted that he agreed
with Barker that it was wrong for him
| TO eXpectorate upon the floor, but denied
that the admission gave the latter a right
to lecture him upon the subject of good
manners. In the denial of the statement
that he had followed Barker for the pur-
pose of assaulting him the witness said his
purpose in going where Barker was was
to demand an apology. When Barker de-
clined to apologize Mr.. Cooper said that
he called him names-and when Barker
did not resent his language he slapped
his face.
George Kilburn, of Florida. who was
called to testify on behalf of Representa-
tive Cooper, said that there were two
kinds OF beverages drunk by members of
the party on the car. One was very good
liquor, which was furnished by a member
of Congress- and some thin apolIonaris
water
While the plaintiff was on the witness
stand testifying, after objection by Attor-
ney Davis, he insisted on making state
ment in connection with a categorical
question. This was made the ground by
Mr.. Davis for a motion to withdraw a
juror and put an end to the trial. The
however, instructed the jury that it should
not consider the rema rks of Barker in ar
irving at their verdict.
The trouble which resulted in the litiga-
ton occurred aboard a Pullman car on
the Southern Railway passing through
the State of Virginia on May last In
his complaint Barker states that on May
81 last he was en- route to Washington
from the South over the Southern Rail-
way. On the same train and occupying
seat In the same car was Representative
Cooper. When passing through Virginia.
Barker states that Cooper abused him and
struck him with his fist
Through his counsel, Henry F. Davis
Cooper admits making the assault upon
Barker, but contends that II was done I'M
der great provocation and unavoidable
circumstances. Cooper, Mr.. Davis said
in his opening statement, was returning
to Washington, after a severe Illness. and
was weak and feeble. He was troubled
with cough and having occasion to eX-
pectorate made an effort to do So He
found. however, that the cuspidor was
covered by the foot of a person who was
sitting near him, SO he expectorated on
the floor of the car. Upon his doing this,
II was stated that Barker. who had been
giving his views on the habits and Gus
toms of Southerners. demonstrated with
Cooper for having spit upon the floor and
added that his, Cooper's. proper place
was in cattle car and not In a Pullman.
This angered Cooper and he left his seat
and went into the smoking car.
was stated. who repeated his remark
about Cooper's place being properly in a
cattle car. Cooper, 1t is said, again. after
asking Barker where he would stop in
Washington, walked away from him. For
the SECOND time. il was stated Barker
followed him and persisted in expressing
his opinion about Coopers actions Then
Cooper slapped Barker's face.
Attorney White, of the firm of White e |
Cotton. who represent Barker, In his !
opening statement to the Jury stated that |
testimony would be offered TO show that |
Cooper was drinking This was denied
by the defence. who viii contend that a !
bottle which Cooper had with him con- |
tanned cOdliver oil which he was taking |
for his cough
The testimony given by Barker and |
Cooper in testifying in their own behalf !
corroborated the statements |
made by their counsel in their opening |
Of the case. Both parties to the suit are |
about sixty years of age. 1t is expected /
that the testimony in the ease will be |
concluded this morning and the argu- |
nents to the jury commenced.