Los Angeles herald., 1892-12-16
GRAY USED SHOCKING LANGUAGE,
Hence He Lost His Job With
Colonel Shepard.
He Sued the Pieus Editor for Damages
and Got Left.
The Jury Found a Verdict for the De-
fendant Despite tho Preponder-
ancs of Evidence In the
q PLAINTIFFS Faver.
By the Associated Press.

BY the Associated Press
New YORK, Dec. 15.--The doors Of the
supreme court were besieged by a larger
crowd than usual today, it being known
to be the closing day in the suit OF Frank
s. Gray against Col. 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 had
been replete with sensational charges
and counter-charges. Gray was en-
ployed as business manager by the
manager OF the Mail and Express under
a fve-year contract. AT the end OF
three years he was dismissed by Shep-
ard, among the reasons given being ''in-
compatibility. Gray's sui6 was for two
years. salary or about $4,000. Shepard
charges that the incompatibility con-
sisted in violent language and gem
eral conduct incompatible with his
(Shepard's) wishes. Gray charged that
the real reason OF his dismissal was that
he refused to briba Commissioner Nc
Clave to secure for the Mail and Ex-
press election advertising. Both sides
made charges of drunkenness against
each other, and the testimony has been
such az to attract large and interested
audiences in search of developments.
When the proceedings commenced to-
day, Lawyer Parsons opened for Shep-
ard. He dwelt upon the latter's gener-
osity to Gray and argued that Gray him
self 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 often resorted to the Astor
house bar and ran the gamut of drinks
from beer to champagne. He criticised
Gray for breach of hospitality in utter
ing the charge that his host was
drunkard. Parsons contended
that sworn denials of Police
Commissioner McClave and others
convicted Gray Of lying when he testi-
fed that he applied to McClave for elec-
tion advertising for the Mail and Ex-
press. He argued that if the interpre-
tation put by Gray on the $4,000 check
sent him by Shepard for commissions"
was sincere, then Gray's action amount
ed to q conformation OF the crime, for in
stead of defending his honor he placed
the money to his own credit in the bank.
He maintained also that Gray IS demand
ing from Shepard $50, 600, although now,
months later, he claimed only some $lS,-
600, stamped him as an infamous black
mailer.
Colonel Ingersoll, for the plaintiff, ar
gued that Shepard's generosity amount
ed to no more than getting Gray's serv-
ices for what he could. Shepard q letter
disuissng Gray, he said, charges Gray
with dishonesty, incompetency and in
compatibility, and is marked private
and confidential. Ingersoll contended
that the testimony had shown that the
charges of dishonesty were based on
manufactured evidence after the suit
was instituted. TGray's charge, asserted
Ingersoll, grew from that advertising
scheme. When man 10 found out in
crime by another he hates him. Let
man suggest to another that he ia Grim
inal, and If the other agrees to work
with him "incompatibility" soon arises.
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 q smaller salary, and could put up
with his profanity.
''Gray is denounced for keeping Shep-
ards check" said Ingersoll. eff you
had an enemy (speaking to the jury)
who vas about to stab your reputation
and you had this, would you not use it
as eword 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. it was you who
asked him where besides the Everett
house he had seen Shepard drink. Per-
haps you thought he ought to have
told o lie"
~ thought he should have said
nothing" answered Parsons.
II don't object to your drinking, Col
orel Shepard" said Ingereoll, ''but TO
your trying to hide it. There have been
yoets, painters, musicians and states
men who absolutely filed themselves
with wine, and there have been many OF
them who would sooner cut their own
thraats than bribe man."
Judge Parker then summed up and
the Jury retired at 1850. At 4p. m.
they returned and announced that they
had agreed upon verdict in favor OF
Shepard. He arose and turning to the
Jury, said: II thank you very much"
Gray's lawyer moved foria new trial on
the grounds that the verdict was against
the weight Of evidence, but the motion
was denied.