The morning news., 1891-09-20
a LESSON TO TIE BARBER.
Ought to Know Bstter Than to Talk
Politics With Els Patient.
From the Net0 York Sun.

Ought to Know Bstter Than to Talk
Politics With Els Patient.
From the Neto York Sun.
HARTFORD, Sept. 15.-Ihe ancient town
of Windsor i eqcited because of the trial
to-day of the famous Havens.
Dibble breach of contract case
Elijah Havens is the oracle of Windsor.
William Dibble is the village barber. On
Saturday night a month ago Haveus en-
tered Dibble's shop to get shaved. He had
not been shaved for two weeks because of a
protracted fishing trip, SO there was two
weeks beard on his face.
Now, Havens is a republican and Dibble
is democrat, and political dispute was
soon on. Dibble had shaved one side of
Hav ens's face when Havens called him q
"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 a
suit for breach OF contract, and he was as
good as his word, for on last Tuesday Dep
uty Sheriff T. F. MCCARTHY of Windsor
Locks attached the property of Dibble for
800. The trial was held this morning.
1t was a memorable trial. All Windsor
turned out. Farmers drove into town
accompanied by wrinkled wives and rosy
checked daughters. The trial was set for
$50 o'clock. but long efore that hour you
couldn't get within a stones throw of JUS
tice George Albee's door. When court was
opened hundred or more people clamored
for admttance before the Justices office.
Justice Albee is an obliging man. He arose
and said
"Gentlemen and Ladies-My court, l 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 basement of the town hail.
Arrangements were made and the trial
proceeded under the town hall. Andrew
F. Gates appeared for Havens, assisted by
Charles K. Burnham. Mr.. Gates is clerk of
the House of Represe tatives and Mr. Burn
ham is a recent graduate of the Y ale Law
School. John p. Healy looked after Dib-
ble's interests. Mr.. Healy is a democratic
representative OF the town of Windsor
Locks. The selection of Justice George AL
bee to try the case was wise one, for Solo
mon was no more just than he. Mr.. Albee
is station agent, telegraph operator, and
newspaper correspondent.
When court convened there was a 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
9:9S train from Hartford, and he did. A
tract he left town, presumably TO visit his
brother in Southington, SO no one in Wind
sor had seen hun 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 fourNweeks' beard; on his
left one of six weeks growth. Mr.. Gates
rose and addressed the court. 80 80
GGUovr honor - ho Coj1 ttT 70 h
nit to you prima facie case. This is an
action for breach of contract, and we ask
damages of the defendant in the sum Of
S100. He deserves more, far more, but the
law gives a Justice jurisdiction only over
cases involving 800 in damages or less, and
my Client shrinks from the publicity of ap-
pearing in higher court. The breach Of
contract is plain. My client entered the
defendants shop and seated himself in a
chair The defendant ad justed towels about
his neck, latnered bis face and began to
shave him. Having done this, my client
claims that he entered upon an implied con-
tract to finish the job. In this regard
think your honor will agree. But he did
not finish it, On the contrary, owing to
a political dispute, the defendant ceased
shaving him when only half his beard had
been put on shaving paper. He ordered
him from the shop. Ny client demonstrated,
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 bristling left.
These facts mean to prove, and then | will
ask for damages in the sum named"
The republicans among the spectators be-
gan to applaud, but Justice Alfee threatened
to clear the court if silence was not pre-
served. When Lawyer Healy arose no
aOupda hard HaQlVfc
marks were brief:
1--WE mean to show, your honor, that my
client had ample excuse for not finishing
the job. l mean to show thar 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 nos the de-
fendant, who was first guilty of breach of
contract"
The testimony for the prosecution was
then heard. Half dozsn people testified
that they saw Havens leave the shop half
shaved; others swore that small boys
ieered at him as he walked the street Then
Ravens took the stand. He acknowledged
on cross-examination that he had called
Dibble "darned fool" but said that the
epithet was provoked by Dlbble'S calling
Gov 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.
"My mind is clear" he said, ''that Dibble
was guilty of breach of contract in not
finishing the shave My mind is equally
clear that he had great provocation for not
doing so. But, while this is true, doubt if
he was right in subjectiug the plaintiff to
public ridicule. 1t would have been wiser
to have finished shaving him, and then met
him in a meadow somewhere. do MT see
how l can Go other than find for the
plaintiff, for there was certainly breach
of contract, but l will make the damages
nominal, for don't blame the defendant.
] therefore award damages Of 81, and order
the defendant TO pay the costs"
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