The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-12-16
cor. sHEPARD'S A

Frank Gray says He Was Discharged for
Rnfuslng 10 Bride Comm
Nrw YoRK, Dec, 1h-There was a big sem
sation in the suit brought by Frank s. Gray
against Col. Elliott +. shepard TO recover
somc $40, 600 for breach OF contract. MT.
GRAY was business manager of the Mail and
Express. He had a five yeara oontract AZ
$4,000 a year, and was discharged on Jan.
1, 1890, about years before the contract
was up.
Mr.. Gray testified that the only reason
the colonel gave for his discharge was that
he was incompatible. There was something
about incompatibility in the contract, bus
witness was not allowed to tell what the
colonel said he meant by inoompatibility.
Col. Ingersoll, counsel for MIR. Gray. de-
veloped at this point something OF q sensa-
ton. He led Mr.. Gray mp to the point
where be said he received n letter July 4.
1888, from Col. Shepard, who was then At Bar
Harbor. Ex-Judge Noah Davis. counsel
for Col. Shepard. objected to IL being put
in evidence. Col. lngersoll said he wanted
to show that the only reason for the break-
ing OF the contract was because Mr. Grav
refused to attempt to bride puolio ofhcefs
at Col. Shepard's REQUEST. The judge over
raled objections and COL. tneersoll read
the letter, which WAS as foliows:
commissioners are not generally peio
uutil the bill is collected. Fifteen per cent
is the usunl advertising commission. In
some rare cases higher rates may be paid.
Undoubtedly 25 per cent considfr ration
would be very satisfactory. DO not have
any trip-up. Do not use check until neces-
sarv. You may nave 5000 0 added to the
bill. Try them. They are weak and yield
easily"
Witness said the men he was 10 bride
were Police Commissioners MoClave u
Stephen b. French. Witness then detailed
n conversation he had with Col. Shepard
on Aug. 81 OF the same year in reference to
the letter. Col. Shepard asked him, he
said, if he got the letter. When witness
said yes, she colonel asked him If he burned
IL. and told him he snould always burn
shings OF that kline and NOT tear them up.
According to the witness Col. Shepard said:
''The commissioners are here now. You
can go ahead"
Witness said that he refused point blank.
He had deposited the 5 5000 check in the
Park National bank to his own credit and
he gave Col. Shepard his own checks for
the amount. The check, he testified. was
to be used in bribinR commissioners to give
advertising to the Mail and Express. Wit
ness was not crcss-examined IN reference to
this matter.
Ex-Judee Davis, In his address to the
l1IyS iAoo ehV okAbVAy DIVA -"
scheme, a pure connection OF the witness.
He said that in common with all news
papers in New York the Mail and Express
was in the habit of paying commissioner
for advertising, a practice which might be
regarded "a immoral, but really was not 80.
Col. Ingersoll, for the plaintiff, argued
shat Shepard's generosity amounted to no
moro than getting Gray's services for what
he could. Shepard's letter Diminishing Gray,
he said. Charges Gray with dishonesty,
incompesency. incompatibility.. and ID
marked private and confidential" Inger-
soil commended thas the Testimony had
shawn that the charges of dishonesty were
based on manufactured evidence after the
suit was instituted. 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
nounced for keeping Shepard's check"
said Ingersoll. 'If you had an enemy
[speaking to she jury who was about to
stab your reputation and you had this
would you not use it as a sword and a
shield behind which to defy the miserable
devil?
"Who made Gray commit the breach of
hospitality for which he has been de-
nouncsd? II was you. MIR. Parsons. 1t
was you who asked him where, besides the
Everett house, he had seen Shepard drink.
Perhaps you thought he ought to have told
a lie."
81 thought he should have said nothing"
answered Parsons.
1T don't object to your drinking, Col.
Shepard said Ingersoll, ''but to your try
ing to hide it. There have been poets.
painters, musicians and statesmen who alb
s~olutely filled themselves with wine, and
there have been many Of them who would
one cut their throats than attempt to
bride O man."
The jury brought in a verdict in favor of
the defendant. Col. shepard.