Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1892-12-16
THE TRlALLAsrED THREE DAYS
Charges and Counter Charges Of a
Most Sensational Nature.
The Dinicaiiy Bstwe.n tho Editoi
and business Manager OF the
siaii ana Express.

Tue supreme court were besicged by n
larger crowd than usual today, rs II
was the closing day In the suit OF
Frank Il. Gray against Colonel Elliott
r. Shepard for damages In the sum OF
s2o'oOO for alleged breach OF contract.
inc case has been on trial three days,
anu has been replete with sensational
charges and counter charges.
Gray was employed as business
manager Of the Mat and Express under
a hve-ycar contract. At The end Of
three years he was dismissed By Shep.
ard, among the reasons given being
'incompaiibility." Gray5s suit was
ior two years salary, or about $50. 900.
Shepard cbargei that tho "luoompsti.
billy" consisted In violent lapguAp.
and general conduct incompatible with
his (shepard's) wishes. Gray charged
that the real reason for his dismissal
was that he refused 10 bride Commits.
sioner McClav. 10 secure for the
MaH and Express some election Rdver.
Using. Both sides made charges of
drunkenness against the other, and
the testimony has been such M 10 AZ.
tract large and interested audiences In
search OF new developments.
Wheh the proceedings commenced
today Lawyer Parsons opened for Col.
shepard. He dwelt upon the Iattet's
generosity TO Gray and argued that
Gray himself admitted the violence
which marked his Conduct In the Mat
and Erpress office. He dwult upon
the evidence which showed that dur.
ing business hours Gray often reported
TO the Astor House bar and ran the
gamut fof drinks, from beer to cham
payne. He criticised Gray for breach
OF hospitality In uttering the charge
that his host was a urunkard. Parsons
uontendei that the sworn denial of
McClavc and others convicted Gray of
lying when he testified that he applied
10 McClhvc Tor election advertising for
the Mdit and Express. He argued that
II tue Interpretation sci by Gray on n
hve thousand dollar check sent him by
shepard Tor "commlssions" was sin.
cere, then Gray's action amounted 10
condemnation OF the crime, for instead
OF depending ON his honor, he placed
the money 10 his own credit I'm the
bank. He maintained also that Gray,s
demanding from Shepard $4,000 al.
though now months after he claimed
only some slS, 900 stamped him as an
Infamous blackmailer.
Colonel lngersoll for the plaintiff,
argued that Shepari's generosity
amounted 10 no more than getting
Gray's services for what be could.
Shepard's letter diminishing GRAY, he
said, "charges Gray with dishonesty.
N nntafa inn
marked private anu confidential. -
iusersoll oontended that the testi.
mony had shown the charges TO be
based OH manufactured evidence. Az
ter the suit was Instituted, allegations
were made Of breach OF contract in
publishing the fact that contract ex.
isted for the maintenance OF fast horses
at the expense OF the Nal and Express
and other matters maintained to have
been proved us aiter.thoughts and
groundlcss.
Gray's discharge, asserted Ingersoll,
grew from that advertising scheme.
When man Is found out Ia crime by
another, he hates him. Let man
suggest TO another what Ia criminal,
anu II tho other agrees In the work
with him, 'Incompatibility" soon
arises.
Continuing, Ingersoll said the case
was simply that Shepard wanted TO
stop paying Gray the salary he agreed
TO give him. He was willing to keep
Gray at smaller salary and could put
up with his profanity.
"Gmy IN denounced for keeping
Shepard's check" said Ingersoll. ar
you had an enemy speaking TO the
Jury, who was about to stab your
reputation and you had this would you
not use Il ms sword and shield behind
which to defy the miserable devil?
Who made Gray commit the breach Of
hospltallly for which has been de-
nonnoed? 1t was you, Mr.. Parsons.
IL was you who asked him whefe' be.
aides the Everett house he had seen
SHEPARD drink. Perhaps you think he
ought to have told o lie,"
~ thought he should have said
nothing, 1" answered Parsons.
~ don't object 70 your drinking,
Colonel Shepard, F" said lngorsoll, "but
TO your trying to hide 1t. There have
been poets, painters, musicians anu
statesnien, who have absolutely filled
themselves with wine, and there have
been many Of them who would sooner
cut their throats than attempt to bribe
a man"
Judge Parker then summed up and
the Jury retired nj 1880. At Up. IN.
they returned And announced that
they had agreed upon n verdict In
favor OF Shepard. lie arose and turn
Ing TO the Jury said,
III thank you very much"
Gray's lawyer moved for new trial
on the ground that tho verdict was
against the weight Of the oyinence, hut
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