The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-12-16
NOT PLEASANT.
lngersOll Scores Elliott F..
Shepard.
THE EDITOR WON HIS SUIT.
But the Victory Came After a De-
cidedly Uncomfortable Quarter
of an Hour i'm Court.
THE EDITOR WON HIS SUIT.
Special to THE MoRSINe CALL.

New YORK. Dec. 15.-The doors of the
Supreme Court were besieged by larger
crowd than usual to-day, il being known to
be the closing day in the suit of Charles S.
Gray against Colonel Elliott f. Shepard for
damages in the sum of $4,000 for alleged
breach of contract. The case has been on
trial for three days and has been replete
with sensational charges and counter
charges.
Gray was employed as business manager
OF the Mail and Express, under fve-year
contract. At the end of three years he was
dismissed by Shepard, among tho reasons
given being "incompatibility." Gray's suit
was for two years salary, or about $4,000
Shepard charged that the incompatibity
consisted In violent language and general
conduct not in accord with his (Shepard's)
wishes, and Gray claimed that the real
reason for his dismissal was that he refused
to bribe Commissioner MeClave to secure
for the Mail and Express the election ad-
vertising. Each side made charges of
drunkenness against the other, and the tes-
tlmoDy has been such all through as to at
tract large and interested Audiences in
search of sensations.
When the proceedings commenced to-day,
Lawyer Parsons opened for Shepard he
dwelt upon the latter's generosity to Gray,
and argued that Gray himself admitted the
violence which marked his conduct in the
Mail and Express Office. He dwelt upon
the evidence. which showed that during
business hours Gray had often resorted to
the Astor House bar and ran the gamut of
drinks from beer 10 champagne. He crit-
cized Gray for breach of hospitality in
uttering the charge that his host was a
drunkara. Parsons eontended that the
sworn denialS of the police, McClave and
others convicted Gray of lying when he
testified that lie applied to McClave for the
election advertising for the Mail and Ex-
press. He argued that if the Interpretation
put by Gray on the $500 check sent him
by Shepard for commissions" was sincere,
then Gray's action amounted to a condona-
tion of crime. for instead of defending his
honor he had placed the money to his own
credit in bank. He maintained also that
Gray's demanding from Shepard $4,000.
although now, months after, ne claimed
only some S1SOOO stamped him as al in
famous blackmailer.
Colonel Ingersoll. for the plaintiff, ar
gued that Shepard's generosity amounted
to no more than getting Gray's services for
what he could. "Shepard's letter dis
missing Gray" he said. charged Gray with
dishonesty. incompetency ana incompati-
bility, and is marked private and conf
dental.'"
Ingersoll contended that the testimony
had shown that the charges of dishonesty
were based on manufactured evidence
after the sui. had been instituted. The al
legation that breach of contract had been
committed in publishing the fact that
contract existed for the maintenance of
fast horses at the expense of the Mail and
Express, and other matters maintained to
have been proved. were afterthoughts AID
were groundless. Gray's discharge. as
serted Ingersoll, grew from that adyeriis-
ing scheme. When a man is found out In
crime by another he hates him. Let one
man suggest to another the perpetration of
what is criminal, and if the other agrees to
work with him ineompatlbility =" soon
arises.
Continuing. Ingersoll said that the case
was simply that Shepard wanted to stop
paying Gray the salary he had agreed TO
give him. He was willing 10 keep Gray at
small salary. and could put up with his
profanity.
Gray is denounced for keeping Shep-
ards check" said Ingersoll. "If you had
an enemy speaking to the iuryl who was
aOout " anu you UaQ
his money, would you not use il as a sword
and as 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, MIR. Parsons;
il was you who asked him where, besides ar
the Everett House. he had seen Shepard
drink. Perhaps you thought he ought 10
have told lie.''
Il thought he should have said nothing"
answered Parsons.
Il don't object 10 your drinking, Colonel
Shepard" said Ingersol. 'but to your try
ing TO hide il. There have been poets,
painters, musicians and statesmen who
have absolutely filled themselves with wine,
and there have been many of them who
would sooner have cut their throats than
have attempted to bTibe a man.
Judge Parker then summed up, and the
jury retired at 1850. At p. NJ. they re-
turned and announced that they had agreed
upon verdict in favor of Shepard. He
arose aud turning to the jury said, 81 thank
you very much"
Gray's lawyer moved for a new trial on
the ground that the verdict was against
the weight of evidence, but the motion was
denied.