The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-11-29
WANTED TO SEE THE FIT
JUDGE ALLEN HAS A DEFENDANT
TRY SUIT OF CLOTHES IN COURT.
The Trousers Were Too Tight-Mr.
Ketcham's Last Brief as At
tOrney General.

Judge Allen, of the Circuit Court, was
busily engaged yesterday afternoon in try
ing to straighten out slight misunder-
standing between tailor and his customer.
The trouble all arose through the failure of
the customer to pay for a suit of clothes.
In trying to CLEAN some facts from the mass
of conflicting testimony it was necessary
for the court to examine the garments in
question, which he did with the eye of an
expert. The suit was brought by Gust
Rosberg, a North Pennsylvania-street tall
or, against Dr. w. E. Hutchinson, dentist
Of the city. Rosberg made the suit in April,
1897, and was to receive $34 for it. The
evidence showed that only $40 was paid by
DR.. Hutchinson.
The defendant was in court stylishly clad
In new ight-colOred winter suit. He did
not deny ordering a. suit from Rosberg, but
declared it fit him so badly that he did not
feel under obligations to pay for it. 1t was
finally determined that the court could be
the best judge of the clothes, and the suit
was brought into court. Judge Allen told
Hutchinson to go into the back room and
put on the Objectionable garments. Ros-
berg's attorney objected to this procedure.
He said the doctor had probably grown
much stouter III the last year, and if he
had the clothes would of course not fit him.
Hutchinson spoke up with the remark that
he had fallen off ten pounds since the
clothes were made. Judge Allen told him
to go ahead and put on the suit. He did so,
and posed for a while for the benefit of the
court. That official scrutinized the gar
ments closely, and finally told the doctor
that that would do" 1t was apparent to
the court that the trousers were a very
close fit-too snug for comfort, in fact. 1t
was remarked by the doctors attorney that
the coat did not ''set right in the back. !"
The court took a closer look at the coat,
but made no comment.
The tailor, in giving his side Of the case
said that the only serious objection Dr.
Hutchinson ever made to the suit was in
reference to the coat. The doctor had mild
ly criticised the manner in which the gar
ment "hung." Rosberg said he explained
that 1t was the latest French ''hang,"
adding that it was ali in the pressing, and
If the doctor did not like the French style
1t could be easily changed. The tailor said
this explanation appeared to be very sat
lSfactory TO his patron, and there was no
further objection to the coat In recount
ing the story of his troubles with the doc
tor the tailor told of the last trip he made
TO the formers office to collect the bill. He
said the defendant greeted him cordially,
and asked if his business could not wait a
few minutes until he attended to patient
"A woman who was suffering terribly with
the toothache. The tailor's sympathies be-
ing aroused, he consented TO wait After a
while the patient came out and went away,
But the doctor came not and the tailor
continued 10 wait. He waited and waited
and waited, but DIR. Hutchinson failed to APP
pear. At length an attendant informed the
tailor that "Dr. Hutchinson would be I'M
able to see him" The tailor became greatly
exasperated at this. and went away and
straighway filed suit
Judge Allen said he would have to look
up some authorities on the question, which
appeared to be a most vexatiouS one, and
would take the case under advisement.