Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1892-12-16
IN FAVOR OF SHEPARD.
Tho Jury Decides Against his oenerS'
Manager in the Suit to Recover wages
Alleged to Be Due.

Tho Jury Decides Against His General
Manager in the Suit to Recover Wages
Alleged to Be Due.
New YORK, December 15.-The doors
of part II. of the Supreme Court, where
IL was known that John +. Parsons
would to-day sum up for Col. Elliott Z.
Shepard and Col. Robert G. Ingersoh
for Frank s. Gray, in the suit OF the
latter against the former for damages
to the amountof $50, 900, for an alleged
breach OF contract, were besieRed oy
a larger crowd than usual, and many
were unable to secure admlttance.
The case has been on trial LOT
three days and has been replete with
sensational charges and counter,
charges. Briefly the case may be stated
as follows: Frank s. Gray was employed
as business manager OF the Mdu and
Erpress under five years contract. AT
the end OF three years Gray was dis
missed by Col. Shepard, among other
things for "incompatibility." Gray's
suit is for Two years salary, or about
$4,000.
Col. Shepard charged that the incom-
patibility consisted in violent language
in the office and general conduct incom-
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. Each side makes
charges Of drunkenness against the
other, and the testimony has been such
as to attract large and interested audi
ences in search of new developments.
When the proceedings commenced to-
day Mr.. Parsons opened for Col. Shep-
ard. He dwet 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. DE
criticised Mr.. Gray for his breach OF
hospitality In accepting the invitations
of Col. Shepard to his house, and now
uttering for circulation throughout the
land the foul charge that his host was
a drunkard. He argued that il the in
depreciation put by Gray on the 80, ,Ooo
check sent to him by Col. Shepard Tor
.'commissions" was sincerely put, then
Gray's action at the time amounted 10
condonaticn of crime. He maintained
also that Gray's coming to Col. Shepard
and demanding S35, 900, although now,
months after, he claimed as due him
only some $4,000, stamped him as an
Infamous blackmailer.
Col. Ingersoll, for the plaintiff, argued
to show that Col. Shepard's generosity
70 than gel.
ting his services for what he could.
Then he maintained that the contract
Col. Shepard intended to make with
GRAY was one In which Col. Shepard
alone was to be judge and jury when II
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 advertls
ing scheme. Whom a man is found ou'
in crime by another he hates thai
athA-- Let q man suggest TO an
other what is criminal, and IL that Other
does not fall in and work with him al
lncompatibility soon arises.
"Gray has been denounced for keep
ing Shepard's check" continued Col
Ingersoll. "If you had an enemy
this to the jury-"who was about tC
stab your reputation, and you had this,
would you not use 1t as sword and
shield behind which to defy the miser.
able devil?
"Who made Gray commit the breach
of hospitality for which he was de-
nounced? 1t vas you, Mr.. Parsons. II
was you who asked him where, besides
at the Everett House, he had seen Col.
Shepard drink. Perhaps you thought
he ought to have told lie."
81 thought he should have said moth
ing," answered Mr.. Parsons.
81 don't object to your drinking Col.
Shepard" continued Col. IngersolI,
''but to your trying to hide it. Oh,
there have been poets and painters and
musicians and statesmen who have alb
solutely filed themselves with wine
ahd there have been many of them who
would sooner cut their throats than try
to bribe man."
The jury retired at 1:30 and 1t was 4
o'clock when 1t returned, Col. Shepard
was on hand with his counsel, but Mr..
Gray was absent and was represented by
Mr.. Dittenhoefer, the son Of eX-Judge
Dittenhoefer. After Judge Parker had
taken his seat upon the bench, the clerk
called the roll Of jurors and when they
answered to their names the foreman
was asked II they had agreed upon o
verdict.
The foreman then announced that
they had agreed upon verdict In favor
OF Col. Shepard.
The latter arose and turning to the
jury said: 81 thank you very much" /"
and sat down. His counsel moved for
an allowance, and IT was granted by
Judge Parker, who awarded the Colonel
five per cent. allowance upon the
amount claimed by Gray, S14,664. Law
yer Dittenhoefer moved for a new trial
on the ground that the verdict was
against the weight Of evidence. This
motion was denied.
Tur GOVERNMENT SUSTATNwn