The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1892-12-16
VERDICT FOR Mr.. SHEPARD
An Interesting Case Involving $4,000
Damages for Breach of Contract.
The Colonel "Fired" His Business Manager and
the latter Went TO Court-Sensational
Charges and Counier-Charges.

sum MP for Elliott +. Shepard 81 Co., and
Robert G. lngersnli for Frank s. Gray, In
the suit Of the latter against the former for
damages to the amount of $4,000 for an al
legged breach of contract. were besieged by
o larger crowd than usual. and many were
unable to secure admittance. The case
had boen on for three days. and has been
replete with sensational charges and coun-
ed as follows: Frank S. Gray was en-
ployed as business manage Of the
Mail and Express, under q five
years contract. At the end of
three years Gray was dismissed by Colonel
Shepard. among other things. for "Incom-
patibility." Gray's suit is for two years
salary, or about $40. 900. Colonel Shepard
charged that the incompstibility consisted
In violent language In the Office and gener-
al conduct incompatible with his wishes.
Mr.. Gray charged that the real reason for
his dismissal was that be refused TO bride
Commissioned McClave in order to secure
for the Mail and Express election adver-
Using. Both sides made charges of drunk
enness against a other, and the testi-
mony has been such as TO attract large and
interested audiences IN search or new De-
~vclopments.
When proceedings commenced to-day.
Mr.. Parsons opened for Colonel Shepard.
He dwelt upon Colonel Shepard's gen.
erosity to Mr.. Gray. as shown In the liberal
salary given TO him, and further, IN his in
tention to give him. after three years, an
interest in the business. Mr.. Parsons
argued that Mr.. Gray had himself adj
united the violence which marked his con-
duct in the office of the Mail and Express.
He dwelt upon the evidence which went To
show that during business hours Mr. Gray
often resorted to the Astor House ana ran
the gamut of drinks from peer to
champagne. He criticised Mr.. Gray Tor
vitations of Colonel Shepard to his
house and now u~ttering for circnla-
tion throughout the land the most
foul charge that his host WAS q drunkard.
Mr.. Parsons contended that the sworn de.
mails of Police Commissioners McClave and
his secretary, Mr.. Grant. convicted Gray
of lying when he testified that he applied
to the former for the election advertising
for the Mail and Express. He argued that
If the interpretation put by Gray on the
five- thousand-dollar check sent TO him by
Colonel Shepard for commissions" was
sincerely put, then Gray's action at the
time amounted TO o conformation of crime.
For, instead of promptly defending his
honor. he placed the money TO his own
credit In q bank where he could use it at u
moments notice. He maintained. also,
that Gray's comlng to Colonel Shepard and
demanding SIX. 600. although nov. months
6lt6T, no ClAlLucu dB uuo HUI Onty Clc.Oous
stamped him as an infamous black-mailer.
INGERsoLL's ARGUMENT.
Colonel Iugersoli. for the plaiutl.f, argued
to show that Colonel Shcpard's generosity
to Gray amounted to no more than getting
his services for What he could. Then he
maintained that the contract Colonel Shep-
ard intended to make with Gray was one in
which Colonel, Shepard alone was to be
Judge and jury when it came TO q question
of abrogation. Colonel Ingersoll then took
up tho question of Gray's honesty. Shop
ards letter dismissing Gray" Ae said.
Charges Gray with dishonesty, incon,-
potency n incompatibilitv; and 1t is
marked private and CONFIDENTIAL Col.
lugers0ll then examined the grounds upon
which the charge of dishonesty
the testimony had shown that
they were manufactured after the
suit had been instituted. The allegations
of breach of contract In publishing the fact
OF the existence OF the contract. of the
maintenance OF fast horses at the expense
of the Mail and Express. of the paymens of
tailors' bills with advertisements. were all
maintained to have been proven after
thoughts and ~groundless. Colonel lnger-
soil then took up the charge OF Gray's IN
competency. and began 10y reading q letter
written by Colonel Shepard containing the
statement that Gray remained In Chicago
until he had outgrown the place."
II tell you" exclaimed Colonel lngersOll,
bringing his fst down on the table, that
the man that ever outgrew Chicago Ia q
competent man." W
The discharge of Gray" asserted the
Colonel, grimly. grew ont OF that adver-
Using scheme. When q man Is found out
in a crime by another he hates that other
man. Let a man suggest to another what
is criminal. and if hat other does not fall
in and work with HIM an incompatibiiity
soon arises" Continuing. he said the case
was simply that Colonel Shepard wanted
to stop paying Gray the salary he bad
agreed to pay him. He was willing to keep
Gray in his employ on a smaller salary. He
could put mp with profanity on q small
salary. Gray has been denounced for
keeping Shepard's check. If you had an
enemy this To the jury who was about
to stab your reputation, and you bad
this. would you not use IL as a sword and
shield behind which TO defy the miserable
of hospitality for which he had been de-
nourcedf 1t was you, Mr.. Parsons. 1t was
you who asked hin where. besides at the
Everett House. he had seen Colonel Shep-
ard drink, Perhaps you thought to have
II thought he should have said nothing
answered Mr.. Parsons.
II don't object to your drinking. Colonel
Shepard" continued Colonel Ipgersoll.
but TO your trying to hide it. Oh, there
Clans 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 bride q mai"
In naming the amount of the verdict
which he would ask from the jury for his
client. Col. .InRersoll said that he made no
claim to the verdictfor any damages by rea-
son of the clause in the contract concerning
the one-tenth interest IN the Mail aud Tx
press to be given to Gray after three years.
I'VE don't care q cent for that said the
Colonel. who previously in his address had
said that m entire interest was not worth
81 when the contract was made, nor 81 now.
Judge Pnrker's charge occupied thir-
ty-tive minutes and necessarily but
lightly touched upon matters which have
made the trial interesting during the last
three days. 5
TIL jury retired at 1:30. and it was 4
o'clock when il returned. Colonel Shepard
was on hand with his counsel. but Nh. Gray
was absont and was represented by Mr..
Dittenhoffer. the son of ex-Judge Ditteu-
hotter. After Judge Parker had taken his
seat upon the bench the clerk called the
roll Of Jurors. and when they answ cred to
their names. the foreman was asked if they
had agreed upon a verdict. The foreman
then announced that they had agreed upon
a verdict In favor of Colonel Shepard. The
latter arose. and. turning TO the jury, said,
Il thank you very much." and sat down,
Colonel Stewards counsel then moved fol-
an allowance. and il was granted by Judge
amount claimed by Gray. Lawyer Often
that the verdict was against the weight Of
A a Ihra nnfNn Mao dAnlA A.