The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-08-30
WHAT Observation-Disclosures
WAS LOUIS u. KIRBY SHAWPOOED
AND LUBRICATEDP
And " He Was. Did He Know II ana Con-
sent to II, and should His Cheek Have
Been 90 Cent or rs? All That, and
More, for a Magistrate to Decide.


II man goes into barber shop and
asks Tor a shave and a barber rubs into
his unsuspecting face certain tonics. I'M
guents, lotions. oils lathers, creams, past es
and other lubricants, without distinct
agreement and consent OH the part OF
the customer, il the barber then entitled
TO anyh hing more than the ordinary price
OF a shave?
That question is involved in the case Of
raul Newman, a barber doing business
al ID Cortlandt street, and John Greene.
ms assistant, who were summoned before
Magistrate Pool in the Tombs police court
yesterday at the instance of Louis p. Kirby.
Mr.. Kirby, who belongs in Brooklyn.
had an experience in Newman's barber
shop last Wednesday OF what no said was
tonsorial check raising.
When he seated himself In the chair
he says, he said simply that he wanted a
shave" A conversation. mostly on the
part OF the barber, followed, according TO
Kirby, as the brush went over his face
and The razor was applied. Nice day? No.
Well, this weather suits me. Seen the
yacht races yet2 What Well, / took
you for a stranger. Never been here
before? Not in this part of town. guess.
Shave yoursefp I'm, kind O. thought
So Your face is pretty rough, sir. Guess
III put on some OF this cream here. It'll
make it smoother, Our regular customers
all seem o like it.
How about a hot towel? Will finish
you up first rate. Don't care for any Of
this Oil? Well, that's too bad. Liptons
great Teller, isn't hep"
Mr. kiroy go, his shoes polished while
he was being shaved. When he got up
and was brushed of, the LarJcr handed
him II check for 90 cents. MIR. Kirby had
expected one Tor IS cents, and when he
asked the reason for the difference. lie says,
the barber said:
On, that's for that cream, you know.
It's very fine stuff
Mr.. Kirby said he had not asked for the
cream and didn't care whether 1t was put
on or not The barber said it was really
too bad but the amount Of the check was
90 cents-he would leave it TO tie proprietor.
The proprietor was Newman. he said q Q
same thing. The six other BARRIERS III tie
place stopped bust or IS and their customers
weren't saying n word. The bootblatk
check with protest aud walked out.
On the street he found James Dunn, a
friend, After Kirby unloaded his tale
OF Dunn the latter volunteered to try the
place himself and report results. he re-
peared ia about fifteen minutes. His face
5hone with creamy whiteAess His Couu-
tenanco was wrathful.
lie reported to his friend Kirby that al
most the same conversation had accom-
pal led the ra2or's twists, the same cream
had been applied without any express
co sent on his part and the check had bet
As cents.
Kirby and Dunn were both in court yes
terday morning, but Newman and bis as
sistant aid not appear until after Magis-
trate Pool waited past the appointed hour
and issued warrants for them, which, how
ever, were not served.
With the BARRIERS Was their counsel,
Lawyer r. II, Hare Mr.. Kirby told some
of his story and then Lawyer Hare told
the borhers' story. 1t was TO the effect
hat Kirby had had shampoo, thrt that
was what his check was for and h 1t it
wasn't on account of the cream az all
Mr.. Kirby denied that he had ever
heard shampoo mentioned and swore
hat he hadn't had one, So did Mr.. Dunn.
l.. A. Snitkin, a lawyer who happened
o be in court, remembered how he had
,een wronged in the BARRIERS chair and
to appear as counsel for the
Lawyer Hare wanted the
'asr dismissed. Magistrate Pool said.
Il think this matter is serious enough
o be thoroughly investigated. II man
= treated in this manner without his ex-
pressed consent il is time sonnet hing was
lone abouI il. | shall hold these men
lnder $500 bail for further examination"
Lawyer Hare finally got The Magistrate
o consent to the two prisoners being par
lied in his custody. The examination
vas set down for 10 o'clock tomorrow
morning.
Mn Kirby said that he intended 10 SEQ |
he case through, not only in his own in |
crest, bu' in tho interest of all who do !
.Ol hhnNc themselves