The record-union., 1892-12-16
INC0MPATIBILiTY.
REASON WHY FRANK S. GRAY
LOST HIS POSITION.
His Suit Against Colonel Shepard for
Alleged Breach of Contract De-
cided IN Defendants Favor.
Special to the REcoRD-UNIoN

Spccldl 10 tne 1ECORD-ONION.
NEW YORK, Dec. I5.-The doors of the
Supreme Court were besieged by larger
crowd than usual to-day, it being known
to be the closing day in the suit of Frank
S. Gray against Colonel Elliott +. Shep-
ard for damages III the sum of $4,000 for
alleged breach of contract. The case had
been on trial for three days, and had
been replete with sensational charges and
countercharges.
Gray was employed as business man
ager of the HaL and Express under a
tive-year contract. At the end of three
years he was dimissed by Shepard,
among the reasons given being 'incom-
patibility." Gray's suit was for two years
salary, or about $4,000.
Shepard charged that the incompati-
sbility consisted in violent language and
general conduct incompatible with his
(Shepard's) wishes. Gray charged that
the real reason of dismissal was that he
refused to bribe Commissioner McClave
to secure for the I0iL and Express cleo
ton advertising. Both sides made charges
against each other, and the testimony has
been such as to attract large and inter-
ested audiences.
When the proceedings commenced to-
Il
He dwelt on the latter'S generosity to
Gray, and argued that Gray himself ad-
mitted violence which marked his con-
duct in the Mat aud Express office. He
dwelt upon the evidence, which showed
that during business hours Gray often
resorted to the Astor House bar, and ran
the gamut of drinks from beer to cham
pagne. He criticised Gray for breach Of
hospitality in uttering the charges that
his host was q drunkard.
Parsons contended that the sworn de-
malls of McClave and others con-
victed Gray of lying, when he testified
that he applied to McClave for election
advertising for the Mat and Express.
He argued that if the Interpretation put
by Gray on the S5,000-check sent him by
Shepard for commissions was sincere,
then Gray's actions amounted to con-
donation of the crime. For instance, in
defending his honor, he placed the
money to his own credit in the bank.
He maintained also that Gray's demand
ing from Shepard $4,000, although now
months later he claimed only some
700, stamped him as an infamous
blackmailer.
Colonel Ingersoll, for plaintiff, argued
that Shepard's generosity amounted to
no more than getting Gray's services for
what he could. Shepard's letter dismiss
ing Gray, he said, charges Gray with dis
honesty, incompetentcy, incompatibllity
and is marked private and confidential.
Ingersoll contended that the testimony
had shown charges Of dishonesty based
on manufactured evidence after the suit
was started. The allegations of a breach
OF contract in publishing the fact that the
contract existed for the maintenance of
fast horses at the expense of the Mai and
Express and other matters. was main
tained to have been proved afterthoughts
and groundless. Gray's discharge, as
serted 1ngersoll, grew from that adver-
tlsing scheme. When man is found out
in crime by another he hates him. Let
man suggest to another what is criminal,
and if the other agrees 10 work with him
''incompatibility' soon arises
Continuing, Ingersoll said the case was
simply that Shepard wanted to stop pay
ing Gray the salary he agreed to give
him. He was willing to keep Gray at a
smaller salary and could put up with
profanity. Gray was denounced for
keeping Shepard's check" " said Ingersoll
''If you had an enemy speaking to the
jury who was about TO stab your repu-
tation, and you had this, would you not
use it as d sword and shield behind which
to defy the miserable devil? Who made
Gray commit the breach of hospitality
for which he has been denounced? 1t
was you, Mr.. Parsons. 1t was you who
asked him where beside the Everett
House ne naQ seen shepard drink. FER
haps you thought he ought to have told a
lie."
II thought he should have SAID no:h-
ing" answered Parsons.
II don't object to your drinking, Colo
mel Shepard" said Ingersoll, but to
yonr trying to hide it. There have been
poets, painters, musicians and statesmen
who absolutely filled themselves with
wine, and there have been many of them
who would sooner cut their throats than
attempt to bribe man,
Judge Parker then summed up and the
jury retired. At p. NJ. they rturned
and announced that they had agreed
upon verdict in favor of Shepard. He
arose and turning to the jury said. 81
thank you very much"
Gray's lawyer moved for new trial on
the ground that the verdict was against
the weight of evidence, but the motion
was denied.