New-York tribune., 1902-07-03
BARRIE SUES FOR SI1,5I5.
SAYS HE GOT COMMISSIONS FOR FIRST
RACE, BUT NONE FOR SECOND.
COUNSEL FOR THE BARONET DECLARES
THAT PLAINTIFF WAS \ CLERK,
NOT BUSINESS AGENT.

From William T. Gilbert. of No. 346 Broadway.
counsel for David Barrie. the basis of Mr.. Barries
suit against Sir Thomas Upton learned yester-
day Barrie S11515 for his services in pro-
noting the interests of Sir Thomas in connection
with the racing of Shamrock III for the America 5
Cup. 1t reported that attempt would be
made to show that it Mr.. Barrie's suggestion
to Sir Thomas that it would be excellent adver-
tisemen for his business if he should challenge
for the Americas Cup that caused the Knight to
build Shamrock l. Mr.. Gilbert declined to say any
thing about this report. He admitted that he had
in his possession certain correspondence which had
passed between Sir Thomas Upton and Mr. Barrie
regarding the cup races and the sailing of the two
Shamrocks. but he would not make it public
Il returned from Boston late last night" said
Mr.. Gilbert "and regret the publicity that has been
given to this matter exceedingly. Mr. BaTrie's suit
against Sir Thomas Upton is out of the
dnary. 1t is simply and purely attempt the
part Of Mr.. Barrie to recover from Sir Thomas
Upton compensa tion due him for services rendered
in the last series of races for the cup.
II notice with much regret that counsel for Sir
Thomas has fit try this case in the news
papers. They have seen fit to make certain nsinua-
tions against Mr.. Barrie. have consented to tell
my side of this story in justice TO my client.
II see that Sir Thomas has sent cable dispatch
to this country in which he says that the suit is
nothing more than blackmail. This statement is
absolutely false. and am surprised that a man Of
the standing of Sir Thomas should make state
ment of this kind. The action is perfectly legiti-
mate one, and stand ready to prove
tentons most fully. Mr.. Barrie was employed by
Sir Thomas Upton to act his business and per-
sonal representative in connection with the races
for the Americas Cup AS such he managed Sir
Thomas's affairs in connection with Shamrock H.
Mr.. Barrie was also employed in similar capacity
In connection with the management of Shamrock l.
tor his services i'm connection with this boat he
was fully compensated by Sir Thomas. For some
unknown reason, however, the harOnet absolutely
refused to compensate Mr.. Barrie for his services
in connection with Shamrock III.
IN al he Hat lie NJ he
second race. His services extended period
S1515 for those services These are the grounds of
the action, and We perfectly satisfied that
Mr.. Gilbert was asked if Sir Thomas had not paid
Mr. Barrie anything al all in the two years
had made one or two small advances. When asked
whether Mr. Barrie made any claim for commits
tea business. Mr.. Gilbert said that he did not
Mr.. Barrie severed his connection with the tea
series of the Shamrock Columbia races. The bill
for services against Sir Thomas is solely in cOnnec-
Mr.. Gilbert was asked il he intended placing
attachment on Shamrock II. which is lying at Erie
No" he replied there will be no attachment is
sued ! had made preparations to attach the boat:
having the attachment issued or of Sir Thomas
putting up a bond 10 counsel tor the defendant.
No attachment Will, therefore. be taken out against
the boat
Of No So Wall-st., counsel for Sir Thomas Upton.
said that the suit would he resisted TO the utmost.
Barrie cent, and added thar Mr. Barrie was en-
pOyed clerk i'm Sir ThOmas's house. but
was never his business agent Besides his salary as
clerk. he said Barrie received a number Of hand
Sir Thomas I.ipton's Offices here are at No 80
Pearl-st H. H. Davis. who came 10 this country
two months ago to take charge of the offices. cut
down the office force and Mr. Barrie was among
those dropped His connection with the office
severed about June 1.