The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1891-09-17
A PRIMA FACIE CASE
A Man Sues for Breach of a Shay
ing Contract.
HALF HIS BEARD WAS TAKEN OFF
The Other Was Left on-The PIaintiT wa.
the Town 0racl", the Other a Re-
publican Politician.

Especial 10 TuE HERALD Examiner DISPATCH
Hartford, Sept. 16.-The ancient town
OF windsor it excited because of the triaI
to-usy OF tue famous Ravens. Dibble breach
VI contract case. Elijah Havens is the
oracle OF Windsor. William Dibble is the
village barber. Saturday night month
ago Ravens entered Di5ble's shop To get
shaved There was two weeks heard n,
his lace. Now, Havens is a Democrat and
political dispute was soon on. DibbIe
hau shaved one side of Havens' face whom
ravens called him "a darued fool ,,
Ihereupon Dibble ordered Havens to leave
the shop, nor would the barber finish shaw
ing MIN. After hard words Havsns Ieft
the shop threatening suit for breach ~
contract, and he was as good as his word
ior On last Tuesday Deputy Sheriff t. F.
-' rroOartny, OF Wlndsor Locks, attached the
properly OF Di0ble for 500. The trial was
nelu THIS morning. 1t was a memorahIs
Irlai. FARMERS drove into town accom-
panied Dy their wrinkled wives and rosv
cneeked daughters. When court Uas
opened hundred or more people clamored
I LUZ aunittance before the Justices Office
ous1ice AIoee ls an obliRing man. He arose
aud SAID: Gentlemen and ladies'. NV
court, L see, is much too small m scoo,-,
nodate all the people who desire to attend
GhIs trLal. Ii arrangements can be made
we VIII adjourn to the basement of the
town hall VI 'ne
arrangements were made and the trial
proceeded uEder the town hall, Andrew n.
GSS appeared for Ravens, assisted by
Charles Il. Durham Mr.. Gates ia cIeriy
OF the house of represen tatives and Mr.
burhham is recent graduate of the YaIe
law Law! school. John p. Healy looked after
DloOIe's Interests. When plaintiff came
INTO court he bowed to the Justice shook
1anus WIN his lawyers, and glared at the
ueIendant There were loud muruurs of
90 co.. Sulsuinenl' IL was his face On the
right SIDE was four weeks beard on his
Ieic was one OF six weeks growth.
MI Gates rose and addressed the court
our honor," he said, II intend to sinh
NIT 10 you prima facie case. This ia an
aetlon Tor breach of contract. and we asx
damages d OF the defendant in the sum of
stoo' sde deserves more, far more, but
go oe .sW gives Justice jurisdiction over
cases involving 500 in damages or less
anu my client shrlnks from the publicity
Oh appearing IN a higher court NV cIient
entereu ueIenoanrs SHOP and seated him
sen In chair. The defendant adjusted
tne towel about his neck, lathered mis- face
anu began to shave him. Having done
thls, my client claims he entered npon an
Il
ulu not hnlsh 1t. On the contrary. owing
70 pohucal dispute, the defendant ceased
shaving MIN when only half his beard had
oeen put on shaving paper He ordered
MIN from his shop. NV client remon-
strated, out the defendant was obdurate."
lawyer Healy's remarks were brief.
we mean to show your honor that NV
chent mad ample excuse for not finishing
the job. L mean to show he was grossly
lnsulted and that when Ravens sat in the
cnair tnat ne, too, entered upon an implied
contract TO coduct himself properly. and
tnat IL was the plaintiff and not the de
contract" "
Half dozen people testified that thew
saw Ravens leave the shop half-shayed:
otners sWore that small boys ieered at him
as ne walked the street Then Havens
TOOK the stand. He ackno wledged on cross
examination he had called Dibble Charmed
1ool, but that the epithet was provoked
by Dlbbie's calling Governor Buckley a
vulgar money lender to the state to Cur
Their his political ambition
Inc defense had only three witnesses.
Two OF whom testified to the language used
oy HaVens, as he was being shaved. Jus
tice Aloee reflected and then summed I'D
the case. My mind is clear" he said.
tnet Dloole was guilty of breach of CON
tract In not finishing the shave NV mind
is equally clear that he had great proyoca-
ton for not doing so, but, while this is
true, ! doubt if he was right in subjecting
plaintiff to public ridicule. 1t would haya
been wiser to have finished shaving him.
and then met him in meadow somewhere,
do not see how l can do otherwise thar
find for plaintiff, for there was certainlv
breach of contract but will make the
damages nominal for 1 don't blame defend
ant. therefore award damages of s. and
order the defendant to pay the COSTS,