The times. [volume] (Washington [D.C.]) 1897-1901, 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.

A Jury in Justice Coles branch of
the Supreme Court of the District, yes
terday refusedto award George G. Barker,
of Maine. damages because Representative
Samuel Bronson Cooper, of Texas, slap
ped his face ON Pullman car, in May
last. Barker sued Cooper to recover So
900 as damages for assault and battery.
The jury which heard the testimony yes
terdly morning rendered 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-
fed to, had but recently recovered from
a severe attack of the grip, and still had
a bad cough AS a result he found 1t
necessary frequently to relieve his throat.
In doing so, he eXpectorated upon the
carpet in the aisle of the car. This, 1t
appears. was offensive to Barker, who
made complaint to the conductor. The
conductor, however, saw no reason to
speak to Mr.. Cooper about his conduct
and for more than an hour the matter
took to demonstrate with Representative
Cooper about his actions and incidentally
remarked to him that man who would
spit upon the carpet of Pullman car
should not be permitted to ride in one, but
should be confined to cattle car. This
angered the Representative, but as there
were several ladies in the car, he said he
did not strike Barker. but asked him his
destination and his hotel On being in
formed by Barker that ne would STOP IN
Washington at the Raleigh Hotel, the
Texan notified Barker that he would call
upon him before supper. After TINS Mr..
Cooper left the Pullman parlor car AMI
went into the smoker. Barker soon tol-
lowed, and Cooper approached him IND de-
manded that he apologize for what he
termed the curtain lecture he had given
him in the presence of the passengers
Barker refused to apologize and Cooper
in expressive language gave him his opln-
ion of a man who would not apologize
under the circumstances, after he mad ad-
mitted that he was wrong.
When Barker did not resent the Ian
guage he used to him, Cooper said there
was nothing else for him to do but TO slap
Bankers face, and this he did.
1t was intlmated that Barker was SJmed
with a pistol when he went into the
smoker and that he had his hand on MS
hip pocket as he approached cooper MI
Cooper testified, however, that he dld not
have any fear of Barker drawing u pis-
toll for if he had he would have sI-'ick
him with his fist instead of his open h,.:.d
The trial was commenced on "Wednesday
morning. and the case was not submitted
to the jury until Friday afternoon at
about o. clock. At 4 p. m, the usual hour
for the adjournment of the court, YER
dict had not been reached, and mary per-
sons who had watched the case from the
beginning expressed the opinion that the
Jury would find damages for Barker. AT
o clock Justice Cole directed the jury to
remain in their consultation room until an
agreement was reached and report a
morning. About two hours after the court
adjourned a verdict was reached and the
jury sealed its finding aud placed It on
file with the clerk Of the court. 81.
Promptly at 10 O'Clock yesterday morn
ing the members of the jury were in their
places. Two minutes later Justice Cole en-
tered the courtroom and the foreman OF
the jury announced the verdict as already
stated.
Judging from the attendance at the
hearing each day greater interest was
taken in the result of the trial than IN
any other civil case heard IN the Supreme
Court Of the District in many years. Both
parties were represented by prominent
counsel, and during the time of the arsu-
ments the courtroom was crowded. Bark
err was represented by Attorneys Cotton
and White. and Representative Cooper by
Messrs Davis and Tucker When the re-
suit of the trial was announced both Coop
ar and his counsel were warmly congratu-
lated by their friends on the successful
termination of the issue.