Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1891-09-16
SUIT OVER A SHAVE.
Politics and Lather Didn't Mix in a
Connecticut Barber Shop.
THE DEMOCRATIC RAZOR WIELDER
Cleared but One Side of His Republican
Customers Rough Face.
HEIS ASSESSED TWO DOLLARS DAMAGES
rsrEc1AL TELEGRAM TO THE prsrArcH.I

| ESPECIAL TELEGRAM TO THE p1sPArcH.l
HARTFORD, Sept. 15.-The ancient town
of Windsor is excited because of the trial
to-day Of the famous Havens-Dibble breach
of contract case. Elijah Havens is the
oracle of Windsor. On Saturday night, q
month ago, Havens entered Dibble's shop
to get shaved. He had not been shaved for
two weeks because of a protracted fishing
4 trip, so there was two weeks beard on his
face.
Havens is Republican and Dibble is a
Democrat, and political dispute was soon
on. Dibble had shaved one side of Haven's
face when Havens called him ga darned
fool" =,
Thereupon Dibble ordered Havens to
leave the shop, nor would the barber finish
shaving him. After hard words Havens
left the shop, threatening suit for breach
OF contract, and he was as good as his word,
for on last Tuesday Deputy Sheriff Nc
Carthy, of Windsor Locks attached the
| property of Dibble for $780, The trial was
held this morning. 1t was memorable
trial. All Windsor turned out. Farmers
drove into town, accompanied by wrinkled
wives and rosy-cheeked daughters The
trial was set for $50 o'clock, but long be-
fore that hour you couldn't get within a
stones throw of Justice George Albee's
door.
A CLAMoROUS CROWD.
When court was opened hundred or
more people clamored for admittance before
the Justices Office. Justice Albee is an
obllglng man. He arose and said: Gentle
men and ladies, my court I see, is much too
small to accommodate all the people who
desire to attend this trial. If arrangements
can be made we will adjourn to the base
ment of the Town Hall. -
Arrangements were made and the trial
proceeded under the Town Hall Andrew
s: Gates appeared for Havens, assisted by
Charles R. Burnham. Mr. Gates is clerk
OF the House Of Representatives and Mr..
Burnham is recent graduate of the Yale
law school. John P. Healy looked after
Dibble's interests. Mr.. Healy is Demo-
cratic Representative of the town of Wind
sor Locks. The selection of Justice George
Albee to try the case was wise one, for
Solomon was no more Just than he. Mr..
Albee is station agent, telegraph operator
and newspaper correspondent.
When court convened there was sensa-
tion right off There had been all the
morning anxious inquiries for the plaintiff
Havens and his lawyer had assured the in
quirers that he would reach town on the
9:3o train from Hartford, and he did.
AN ASTONISHING FACE
A few days after the alleged breach of
contract he left town, presumably to visit
his brethren in Southampton, so no one in
Windsor had seen hiln recently. When he
came into court, bowed to the Justice,
shook hands with his lawyers and glared at
the defendant there were loud murmurs of
astonishment. 1t was his face On the
right side was four weeks beard; on his
left one of six weeks growth. Mr. Gates
arose and addressed the court
''Your Honor" he said, ST intend to sub
init to you prima facie case. This is an
action for breach of contract, and we ask
damages of the defendant in the sum of $780,
He deserves more, far more, but the law
gives Justice Jurisdiction only over cases
involving $100 in damages or less, and my
client shrinks from the publicity of appear
ing in a higher court. The breach of con-
tract Is plain. My client entered the de-
fendant's shop and seated himself in a chair.
The defendant adjusted towels about his
neck, lathered his face and began to shave
him. Having done this, my client claims
that he entered upon an implied contract to
finish the job. In this think your Honor
will agree.
THE BROKEN CONTRACT.
"But he did not finish it. On the con-
trary, owing to political dispute, the de-
fendant ceased shaving him when only half
his beard had been put on Shaving paper.
He ordered him from the shop. My client
demonstrated, but the defendant was obdur-
ate, and, after waiting ten minutes for the
defendant to complete his contract, left the
shop only to be jeered at by small boys who
saw him with smooth right cheek and bris-
tling left. These facts mean to prove, and
then I will ask for damages in the sum
named"
The Republicans among the spectators
began to applaud, but Justice Albee threat
ened to clear the court if silence was not
preserved. When Lawyer Healy arose no
sounds were heard. Lawyer Healy's re-
marks were brief "We mean to show,
your Honor" he said, sthat my client had
ample excuse for not finishing the job.
mean to show that he was grossly insulted,
and that when Havens sat in the chair that
he, too, entered upon an implied contract
to conduct himself properly, and that it
was the plaintiff and not the defendant who
was first guilty of breach of contract
AvERDICr FOR HAvENs.
The testimony for the prosecution was
then heard. Half a dozen people testified
that they saw Havens leave the shop half
shaved; others swore that small boys jeered
at him as he walked the street. Then
Havens took the stand. He acknowledged
on cross-examination that he had called |
Dibble 'fool, but said that the epithet |
was provoked by Dibble's calling Governor
Bulkeley "vulgar money-lender to the |
State to further his political ambitions "J
The defense had only three witnesses, two |
of whom testified to the language used by |
Havens as he was being shaved.
- Justice Albee reflected and then summed |
up the case. 'tMy mind is clear he said,
''that Dibble was guilty of breach of con-
tract in not finishing the shave. My mind
is equally clear that he had great provoca- !
tion in not doing so. But, while this is
true, doubt if he was right in subjecting
the plaintiff to public ridicule 1t would
have been better to have finished shaving
him, and then met him in meadow some
where. I do not see how I can do other
than find for the plaintiff, for there was a
breach of contract, but will make the dam
ages nominal, for L don't blame the defend
ant. I therefore award damages of 90 and
order the defendant to pay the costs.