The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1892-12-16

tho Argument.
NEw YoRK, Dec. 15.-The doors Of
part II of the supreme court, whore it
was known,that John Z. Parsons would
to-daysum up for Col. Elliott F. Shepard
and Col Robert G. Ingorsoll for Frank
S. Gray in the suit OF the latter against
former damages to the amount OF $4,000
for an alleged breach of contract were
beseIged by a larger crowd than usual,
and many were unable to secure admit.
tance. The case has been on trial for
three days and has been rcplete with
sensational charges and counter charges.
Briefly the case may be stated as fol-
lows: F. S. Gray was employed as busi-
ness manager Of the Nal aud EEpreSs
under a five years contract, AT tho
end Of three years Gray was dismissed
bv Col. Shepard, among other things
for "incom patibility." Gray's suit is
for two years salary, or about $50, 900.
Col. Shepard charged that the tncom'
patibility consisted in violent language
in tho Office and general conduct lncom-
patible with his Wishes.
Mr.. Gray charged that the real reason
for his dismissal was that he refused to
bribe Commissioner McClave in order
to secure for the Mail and Express cleo.
tion advertising. Both sides make
charges OF drunkenness against each
other, and the testimony has been such
as to attract large and interested au.
diences in search Of now developments.
When the proceedings commenced to
day Mr.. Parsons opened for Col. Shep-
ard, He dwelt upon the evidence which
went to show that during business
hours, Mr.. Gray often resorted to the
Astor House and ran the gamut OF
drinks from beer to champagne. He'
criticized Mr.. Gray for his breach OF
hospitality in accepting the invitation
OF Col, Shepard to his house, ond now
uttering for circulation throughout tho
land the foul charge that his host was q
drunkard.
He argued that if the Interpretation
nut by Gray on the 5000 check sent to
him by Col. Shepard for commissions"
was sincerely put, then Gray's action
at the time amounted to conformation
OF crime. He maintained also that
Gray's coming to Col. Shepard and
demandingS35.0 900, although now months
after he claimed as due him only SlS,'
600, stamped him as an infamous black
Col. Ingersoll, for the plaintiff, argued
to show that Col. Shepard's generosity
TO Gray amounted to no more than get
ting his services for what he could.
TkSn he maintained that tho contract
Col, Shepard intended to make with
GRAY was one in which Col, Shepard
alone was to be judge and jury when 1t
came to a question Of abrogation.
1.-THE discharge OF Gray" asserted
the colonel, grimly, coming to the
heart OF his subject, grew out OF that
advertising scheme. Whom a man is
found out In crime byanother lie hates
that other man. Let man suggest to
another what is criminal, and If that
other does not fall in aud work with
him an incompdtibili!y soon arises"
"Gray has been denounced for keep.
ing Shepard's check" continued Col.
onel Ingersoll. "If you had IN enemy"
this to the jury-"who was about to
stab your reputation, and you had ibis,
would you not use it as a sword and
shield behind which to defy the misera>
BILE devilP
OF hospitality for which he was de-
nounced? It was you, Mr.. Parsons.
II was you who asked him whore be-
gides at tho Everett House he had seen
Colonel Shepard drink. Perhaps you
thought he ought to have told lie"
'I though no should have said
nothing" answered Mr.. Parsons,
II don't object to your drinking,
Colonel shepard" continued Colopol
Inrersoll," )" but to your trying to hide
it oh, there have been poets and
painters and musicians and statesmen
who have absolutely filled themselves
with wine-and there have been many
OF them who would sooner cut their
throats than try to bribe man"
The Jury retired at 1850 and it was 4
O'Clock when it returned. Colonel Shep.
ard was ON hand with his counsel, but
Mr.. Gray was absent and was repre-.
sonted By Mr.. DittenhOeier, the son OF
ex,judce Dittenhoefer After Judge
Parker had taken his seat upon tho
bench the clerk called the roll Of Jurors,
and when they answered to their names
the foreman was asked If they had
agreed upon o verdict.
The foreman then announced that
they had agreed upon a verdict in favor
OF Colonel Shepard.
The latter arose and turning to the
iury said: ~ thank you very much"
and sat down. His counsel moved Tor
nm allowance and it was granted by
Judge Parker who awarded tho Colonel
5 per cent allowance upon the amount
claimed by Gray, Sl4,684. Lawyer Dit
tenhoefer moved for new trial on the
ground that the verdict was against the
weight Of evidence. This motion Waa