Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-12-15

Shepard produced some memoranda and
began talking about other points In Gray
testimony. He was interrupted by his
counsal who told him what he was saying
was immaterial. But the Colonel did not
agree with his counsel He prattled on.
GSThat will do" cried Mr.. Parsons, his
color rising. Colonel Ingersol rose and
started to ask question. Colonel SheParo
prattled Oh.
Couldn't Choke the Good Man OF.
trYou must be governed by your counsel,
said Judge Parker. But the witness -prat-
tied On. The Jury began laughing.
stHaye you anv question to ask the Wit
nessq'' the Court said to Colonel IngersolL.
'sYes, if 1 ever get chance, oraWIeo
Colonel IngersolL .,
''You are entitled to examine him now,
said the Court
s'Mr Gray has said began Colonel
Sbenard again. but both lawyers on both
Kides and the Judge Joined in smothering
him. and then Colonel 1ngerson asked:
"Did YOU take one or two drinks at the
Everett House?"
''One."
"Sure you didn't take more?"
''Sure."
fNo?''
FtNo."
"Ihen you went home?
tYes"
"Did you feel any difference in the morn
ing?"
swered Colonel Shepard, and he glanced
angrlly at the infdel.
ooh, that's all right" said Colonel 1nger-
soil 81 understand, you know, and have
no objection to your drinking. l just
wanted to know, that's al. q"
Then recess was taken, and after recess
no one was admitted to the court room ex-
cept those who could be seated, which was
about q tenth of the number who wanted TO
get in. There were only two witnesses
after the recess-a tailor, who stated the
terms of his advertising contract, by which
he paid the Nail and Express advertising
bills with cloth, and who also denied that
Mr.. GRAY owed him anything; aud clerk
pf the rolice department, who identified as
something he had furnished, a memorandum
in Grav's possession giving the figures paid
hv the city for election advertisements.
Grav was recalled and swore he had re-
ceived the memorandum at Police Commits
sioner McClave's office on July u, 1888,
and had seen Mr.. McClave on that day.
The Court Differed With Counsel
Ex-Judge Noah Davis at 2:15 o'clock be-
gan a legal argument in support of his mo-
non that the Court instruct the jury to dis
miss the case. His argument was princi-
pallv that master had a right to dismiss 8
servant for incompatiblity when the con-
tract between them gives that as one of the
grounds upon which their relation as mas
ter and servant could be terminated.
Judge Parker interrupted Mr.. Davis in
some surprise, and asked if his contention
was good law why masters could not as well
~ for 4 tr Nrit h.
out substantiating his assertion. The
Court called couusePs attention to the fact
That the Gray-Shepard contract specified
that dishonesty, incompetency or incom-
patibilitv when proved should be grounds
for discharge The Court thought there
vas as much obligation resting on the
defendant to prove one of the grounds as
the others.
Mr.. Davis said he hoped the Court would
not finally rule as intimated until further
argument was heard. Mr. Davis, turning
TO the alleged attempt to bribe the Police
Commissioner, said it was preposterous to
suppose that a servant knowing OF some sin
or crime of his master could hold that as a
reason for retaining his place in spite of the
servants subsequent frequent breach of
contract.
''You need not argue further on that
point" said Judge Parker ''This Court is
not going to hold any such absurd principle
OF law"
Took a Recess to Freshen Up.
When Mr. Davis, after speaking an hour,
sat down, his associate, Mr.. Parsons,
whispered earnestly to him, and Mr.. Davis
rose again and said he hoped the jury would
not assume that he had admitted that Mr..
Cray knew of any crime committed by Mr..
Shepard. He (Mr. Davis) had merely ad-
hitted for the sake of argument that such
might be the fact.
Ex-JudCe Dittenhoeffer then rose and
said at Colonel Ingersoll's suggestion he
would answer categorically the legal con-
tentions made by Mr.. Davis He had not
talked minutes when the Court in
terrupted him, saving it was not necessary
for him to proceed further. The Court
directed the other counsel to proceed with
the summing up.
Mr.. Parsons suggested an adjournment
until to-day. The Judge looked inquiringly
at Colonel Ingersoll
''Oh, I never opposed an adjournment in
my life, said the Colonel.
''In the morning." urged Mr. Parsons, 81
will be fresh, Colonel 1ngerson will be
fresh, the Court and jury will be fresh, the
reporters will be fresh"
''Ges, we'll all be fresh in the morning il
you'll only let us off, coa1ed Colonel In
EersoL The Judge smiled and let them off