Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1872-07-25
Walters, Reware!


James hall restaurant, Regent circus.
There was counter charge of assault by
Warrington on Mr.. Perkins.
Mr. Roberts appeared for Warrington, and
stated that the assault arose out of the circum-
stances of the defendant having refused to pay
one of the items in the dinner bill furnished to
him and his party. 1t was one Of the regula-
tons of the restaurant that no customer was
to give away any portion OF dish ordered ny
him to any friend that might be dining with
him. If this were done, two portions were TO
be paid for
Mr.. Newton thought this was a very unusual
| arrangement, and was not binding.
The complainant Warrington was called, and
| he stated that two outlets having been ordered,
| which were partaken of by three of the COM
| pany, three outlets were charged on the BILL and
| on the defendant refusing TO pay for more than
two, he went and spoke to the proprietor, Mr..
| Grieve.
Mr.. Newton-And what did Mr.. Grieve say2
Witness-Told me to take his hat, and did
| take it.
MIR. Grieve subsequently came into court, but
| the other business occupied the attention of the
court until the hour for closing. and it was ar
ranged that tie further proceedings should be
adjourned for a week.
The parties having come again into court yes
| terday,
| Mr.. Newton asked if Mr.. Grieve was present.
Mr.. Roberts said he was not, but he would
remind the magistrate he was in court for an
| hour last week waiting to be heard
Mr.. Newton-I think he should be here.
think it highly improper he is not here to hear
what shall think it right to say.
The case was then called on, Mr. Roberts ap.
peariug for the waiter, and Mr.. E. Lewis for
Mr. Perkins.
Walter Wormiugton-1 am a waiter at tile
| st. James's restaurant; the defendant, two gene
| tlemen and two ladies came to the restaurant
about fortnight ago and ordered certain re-
| freshments when the bill was rendered one of
| the party objected to pay for one of the items
went to Mr.. GrieYe and spoke to him; l re-
| turned and took the defendants hat, which
| had charge Of.
Mr.. Newton-How, do you mean you had
| charge of the hat2
Witness-Hheu he came in took it out Of
| his hands and hung it on peg over his head;
| when went away with the hat tile defendant
| followed me, and struck me with great violence,
| saving; How dare you take my hat you swind-
| ling thief" the defendant made a tremendous
| blow at me; | avoided it and closed with him,
and we fell together; consulted Mr.. GrieVej
| and then gave the defendant into custody, but
| the inspector at the station would not take the
charge and | took out summons.
| Cross examined by Mr.. E. Lewis-It was by
the direction of Mr.. Grieve, the proprietor, that
| gave Mr.. Perkins into the custody of the police,
who conveyed him to Vine street station. The
| amount of the dinner bill was 25s. 3d., which in
| Cluded charge for three outlets, two having
| been ordered, but three persons partakng of the
| dish; there was bottle ofsparklng wine served,
| and some complaint was made that the bottle
was opened so carelessy as to spill some of the
wine over the silk dress of one OF the ladies; Mr..
| Brady was the name of the gentleman who paid
the BILL but who refused to pay for the outlet;
the charge in dispute was Is. 3D.; Mr., Grieve
gave me directions to take away the hat; the de-
| PENDANT pursued me to another part of the res
taurant where had placed his hat; the defen-
dant took his hat from the desk where had
| placed it, and then struck me twice on the
| cheek; | do not recolect when there was dis
| pute about the bill that Mr.. Brady called for pen
| and ink to write his name and address so that
he might be communicated with; did not see
him take out his card, but believe he did so
| when Mr. Perkins was at the station; did rot
| seize Mr. Perkins round the waist when he tried
to get his hat; was knocked down and picked
| up by two walters; no walters seized hold OF
| Mr.. Perkins to prevent him from getting his
hat; the party walked away, having left the
money for the dinner, less Is. 3d., on the table;
| | followed and gave Mr.. Perkins into custody; |
do not know whether Mr.. Brady offered his
| card, and stated that he was a justice of the
| peace for Surrey.
| Henry Brown-water at the reStaurant-I
saw Mr.. Perkins running after Wormington;
saw him strike the waiter; heard him say, I'll
| smash you, you--, If you attempt to take my
hat again; heard young gentleman say to
Mr.. Perkins, "Giye it to him, Fred"
| MI II. ItWlS WAS p1OCGtulUP 10 COIHuleUb OIL
| the case, on the conduct of the waiter and on
| the peculiar rule of the restaurant printed on the
| BILL when he was interrupted by Mr.. Newton,
| who remarked-I will here say that whatever
the nature of the assault committed by Mr..
| Perkins on the waiter, he was justified in what
he did while trying to get back his hat which
| had been taken from him unlawfully. What |
| complain of is that what was done to Mr.. Per-
| kins was done under the authority of the pro-
| pretor, and he is not here.
Mr.. E. Lewis-By the proprietor's authority
| Mr.. Perkins hat was taken away, and he was
| dragged publicly through the streets at midday
| to the Vine street station, where the inspector
very properly refused to lake the charge | say
| that a more monstrouS charge was never
| brought into court of justice.
| Mr.. Newton--I must say 1 never heard case
that has shocked me more than this has. Here
| is a tirst-class restaurant, to which foreigners
resort, and they are liable TO be imposed upon
in the way detailed in the bill of fare, by which
| customers have no right to be bound.
| Mr.. Ro5erts--It is an ad libitum service. The
conditions are expressly stated on the bill of
| fare. If this were not so half dozen persons
might order something and pay for one dinner
only.
Mr.. Newton-Every one acquainted with ar
| rangements at continental hotels must know
| that it Is common practice to order one or two
| portions and to divide them among the party.
| When foreigners enter an English restaurant of
| GuuluCltI luGl ought HOl w DC lhpOoSu upohs
But, according to the proprietor of the restau-
rant, if two portions are ordered and five partake
| he is entitled to charge for five portions.
| Mr.. Frederick Perkins then entered the wit
ness box as complainant against Warrington.
Mr.. Perkins, went on the invitation of Mr..
| Brady 10 the St. James restaurant with his two
daughters and son to dine; among the orders
| were two outlets, and when they came Mr.. Bra
| by's son took one, having altered his mind; the
bill came to 25s. 3d., but as three outlets were
| charged and only two ordered Mr.. Brady de-
| cned to pay for more; the waiter went away
and came back, and said no alteration could be
made in the bill, as it was the system at the
| restaurant; Mr.. Brady put down the amount
| less Is. 3D., the overcharge, and asked for pen
and ink in the presence of the manager and
| the waiter, Wormington, but he was not at
| tended to; the waiter took my hat from where
|, and not the waiter, had hung it; | followed
to regain possession; he put it in an enclosed
| place; pushed him aside, and having got my
my hat asked him why he took it; he said,
| why don't you pay your bill" replied in
| these words: "You codheaded lubber, get out of
my way" the waiter put himself in fighting
attitude and caught hold of me; two other wait
els pulled my legs from under me, and threw
| me heavily on my back, the defendant being on
| the top of me; the younger Brady did not incitc
me to attack the waiter; did not strike the de-
PENDANT with my fist two blows on the face; l
| did not strike the waiter with my fist at all /;
Brady going into the office to give his address !;
| when | got into Regent street several walters
rushed after me, and one gave me into custody
| for an assault; as the waiter could not show the
smallest mark of violence, the inspector would
| not take the charge; had nothing to do with
settling the bill, as | was Mr.. Braby's guest.
| Cross-eXamined-On my oath, l never used
| the language imputed to me by the walters.
MIR. James Brady, Of Maybank, one of the
justices of the peace for Surrey, eXamined-The
statement of Mr.. Perkins about the dispute is
correct; | offered to give my name and address
| in the presence of the manager and the waiter
| Wormington; | put down the money on the
| table, except the Is 3D. for the outlet we did
not have; the waiter took Mr. Perkins hat |;
| Mr. Perkins went after him; heard struggle,
| and on going to the place ! saw Mr.. Perkins
| under number of walters; it appeared to me
| as if the whole establishment were on him.
| Cross-eXamined-I heard no bad language.
Mr.. James Brady, Jr.-After Mr. Perkins's
| hat was taken saw the waiter with his arms
| around Mr.. Perkins. Both fell to the ground !;
| handed Mr.. Perkins his hat, which had fallen
| off; did not incite Mr.. Perkins in any shape
| or way to assault the waiter
| CrosseXamined-rhe only expression used
by MIR. Perkins was, "YOu codheaded lubber
get out of the way"
Mr. Roberts was about to address the bench.
Mr.. Newton-lt is not customary TO do so =,
and cannot hear you. | will first tell the keep
ers oil tayerns and restaurants, through YOU the
IAwaiters, that they have no lien on the personal
property OF the guests. II was wrong to take