The New York herald., 1879-02-26
SHUPE IN A NEW ROLE.


Advocate. and attorney and counselloratlaw having
figured ON numerous occasions in the courts .
defendant. yesterday appeared before Judge Larre-
more. in the Court of Common Pleas. plsntiff in
suit against Lewis Weber for professional services
The presence of the great labor reformer tigant
drew together. might naturally be expected. .
large crowd Of spectators, who listened to the pro-
ceedngs with marked interest Mr. Shupe claimed that
Weber-who WIS in 1874 arrested in Hudson county,
n j., charge preferred against him by his wife
of attempting to poison her-employed him
Is counsel to secure his release from JAIL
He says he was introduced to Weber by mutual
friend, and that Weber, who i'll great agony Of
mind about his incarceration and the possible pun
ishment awaiting him. promised to give him any
thing he asked for. Shupe said he did not wish to
do that but finally entered into agreement to
take the case for $1,000 and $3.50 more if the mat
ter came to trial. He then looked over the papers
and ascertained. as he says that bill was likely
TO be found against Weber by the Grand Jury.
Weber then gave him order for $500 the bank
In which he had some $1,000 deposited He states
further that Weber promised to that this amount
paid him on his release from Jail. The Grand
Jury failed to indict him. and Weber immediately
after his release disappeared and Shupe minus
the OOO and from this fact the present suit.
The above facts were substantially brought out ON
the trial yesterday Weber in Defence states that at
the time of the transaction he bewildered and
dazed by his unfortunate position that If he did
sign such an agreement he did without knowing
what he was about. novel feature of the defence
was the calling of Mrs. Weber-who has not lived
with her husband for four yearsas witness for the
latter, she being called to show that Shupe at
the time OF the alleged agreement her adviser. She
reiterated her conviction that her husband had tried
to poison her. and that she believed 80 then and has
ever continued to believe She said that he
had failed to support her their children their
separation-a fact which Weber himself admitted
At recess the defendant who had been casting sleeps
eyes at his neglected Spouse followed closely behind
her. and endeavorng to attract her attention. caught
her by the dress. Mrs. Weber turned quickly
and with firm determination drew herself away and
refused to speak to him. Weber on the witness
stand said that he had some hopes OF living with his
wife again. but the attor seemed to have very scr
GUS doubts about the matter. On rebutta Shupe
testified that the order and agreement were read
to Weber and that the latter perfectly calm and
collected. In answer to question by counsel he
said was editor of the advocate and had followed
other professions than the law but denied that the
Adpocate had "burstod and Judge Larremore deiiv-
cred brief but succ'nct charge to the jury, review
ing the facts. He toLd them that the main issue was
which side entitled to credibility. The jury
after about Ave minutes absence returned verdict
for the defendant.
THE ELECTION MARSHALS CASE.
The case of the United Safes against James Il.
Cosgrove. Chief Deputy Marshal OF the Eighteenth
Assembly district in the late election was resumed
yesterday before United States Marshal Lyman.
Cosgrove Is charged with having verified the ccrt.
Gates of deputy marshas serving under him by
means of which they received pay for scrvves which
1t is alleged they did not perform. Ex-Judge Dit
terhoefIer appeared counsel for the accused Cos
grove testified in his own defence, stating that he
had no facts within his own knowledge that the men
who personated the deputies had not been actually
and regularly appointed deputy marshas; that nc
fraud had been committed by him In verifying the
certihcates that in one instance when informed OF
the fact of aperson acting substitute he had such
person arrested and taken before Commissiouer
Lyman and payment stopped. and that in another
the money paid on the certificate was refunded
He stated further that he had acted in good faith
throughout.
"Did you have conversation with Mr.. Bogart
counsel asked the Witness ono Of the witnesses fol-
the prosecution y
YES" answered the witness.
"What said r.
"He told me that no was trying TO serve subpunaes
some witnesscs; that he trying to do the best
thing he could do for himself; l asked him how nc
was doing good thing for himself by serving sub
punaes he said that George Bliss had promised him