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From the Deal, Walmer, and Sandwich Mercury,
7 April, 1900. 1d.
JOHN FRIERS AND WIFE v MrS. WOODCOCK
This was a claim by Mrs. Friers, wife of the landlord of the
"Fountain Inn," Beach Street, for £1 5s., for a piece of cloth rendered
useless by the alleged bad workmanship of the defendant, who is a
dressmaker. There was a counter claim for £1 12s., for work done and
material supplied.
Mr. Wilks appeared for the defendant.
Plaintiff explained that she supplied to defendant a piece of cloth,
two yards double width, to make a cape of, and when it came home she
could not wear it, it was so badly made and finished, the scallops round
it were all different sizes, and the stitching was zig-zag all round.
His Honor: And what is that soft stuff?
Plaintiff: That is the fur, for which she charged me 6s. 6d. a yard,
and she has split it, and the width is not as when I first saw it.
His Honor: Who put the lining in?
Mrs. Woodcock.
And you supplied the cloth?
Yes.
What did it cost you?
25s.
Have you tried it on?
Yes; and I have a witness here who will try to fit it on me, and let
you see it. It is a disgrace.
Is it? Have had it tried on?
Yes, I stayed three-quarters of an hour while she fitted it.
I should think it aught to fit beautifully, then?
It ought to, she tried to make it fit, but could not. She told me so
herself.
Well, you didn't want another, did you?
To make it fit, she put two pleats in.
Plaintiff: Will you examine it?
His Honor?
No, I want to see it or...
Plaintiff then proceeded to take off the cloak she was wearing, and
to put on the one in question.
His Honor: Is it a summer cloak?
Plaintiff: It's a winter cloak.
His Honor: You have got a lovely cloak already.
Plaintiff: Ever since November she has had it.
Have you been obliged to wear the old one?
Yes, and I wanted this to go to London with. Like a good many more, I
suppose I wanted a new cape.
Plaintiff was by this time sporting herself in the garment over which
the dispute had arisen.
His Honor: Now, what is the matter with it?
Plaintiff: Look at it. See how badly it hangs, and look at the back.
Why it doesn't fit anywhere.
His Honor: Turn around. It is not intended to fit tight, is it?
Plaintiff: No sir.
His Honor: Turn round, so that the light shines on it. Ah, now it
fits perfectly. What is the matter with it?
Plaintiff: I have a witness who will explain everything.
His Honor: Well, bring the witness.
Plaintiff: It will save your time, and trouble too.
His Honor: I should think it would be much better. Don't take the
cloak off, please.
A young man stepped forward, and said his name was Herbert Bradshaw,
and he was a practical tailor.
his Honor: Be kind enough to look at that cloak. What is the matter
with it?
Witness: It is completely ruined in the cutting, sir. It is cut far
too large up in the neck, and pleated under the collar to try and bring
it back into its position.
But can't it be cut?
That would give it too small a flow at the bottom, and it is
impossible to alter it. It is cut too short from the neck.
His Honor: I don't understand, but I daresay you are right.
Witness (passing his hand over the shoulder); All this should be
entirely plain round here.
His Honor: Why can't that be taken away?
Witness: It is impossible. if you take it away there, you will have
it drop here, and there will have to be a seam in here.
His Honor: Why? There seems to be too much of it, and I should have
thought that if there were too much, you might get rid of some.
Witness: There has been an attempt made to get rid of it here, and a
piece put in here.
His Honor: It is not the least use bringing a case of this kind
before me. I don't understand it. I don't see why, if you cut that out,
it would not come straight.
Witness: It is drafted entirely wrong. The neck should be cut to the
size of the person.
But can't it be cut smaller?
It is impossible if the cloth is spoilt. The collar is the right size
round the neck, but the cape is cut too large, and pleated round
underneath it.
The more you cut it, the larger the hole will be, won't it? The more
you reduce the neck, the smaller it will be round the bottom, it is not
large enough at present. There is no flow to allow the arms to move.
Do you expect the arms to move, and the cape to remain unmoved?
There should be enough stuff in it for that.
Well, what else is the matter with it?
These scallops are not two alike.
Aren't they done with a scalloping machine?
I don't know.
His Honor (to defendant): Do you have a scalloping machine in the
trade?
Defendant: No sir.
His Honor (to witness): What is the value of that cape?
Witness: About 50s., I should say, as it stands.
His Honor: The claim and counter claim only comes to £2 17s. It is
only 5s. wrong then.
Witness: But the thing is spoilt. If you mean as it stands at
present, it is not worth a shilling.
His Honor: But it can be worn, can't it?
Witness: I don't think so.
His Honor (to plaintiff): let me look again at the back. I confess I
cannot see anything wrong with it. Turn around a little more. That's it;
now the light shines on your shoulder. I daresay if it was another
collar on it it would look very well, wouldn't it? It doesn't look bad
now. Mr. Wilks, I believe you know all about this.
Mr. Wilks: I can't say very much about it. I believe it is the
correct thing, according to the fashions of the day, to have it gathered
on the shoulder.
His Honor: Oh, is it? It ought to fit round the shoulder, Mr.
Bradshaw, hadn't it?
Witness: It ought to be entirely plain underneath the collar.
Defendant said she was a practical dressmaker, and had been
practising in Deal twelve years. She fitted the cape on the plaintiff as
well as one was able.
His Honor: Why did you make it so full round the shoulders?
Defendant: Because she had it altered. It was quite plain at first,
and every scallop was perfect.
And what about the neck, of which Mr. Bradshaw seems to complain?
She said it was too tight round the neck, or something, and I altered
it. I have done the best I could, considering it was too small, or too
large. It was either too tight or too loose. I remember taking it in,
but the young lady will remember what was done.
His Honor: It seems to be a little bulgy.
Defendant: It is a little full, but it could have been easily taken
in in the shoulder darts.
His Honor: Haven't you got it too wide in the collar?
Defendant: No, sir, the collar is not too wide. We have not altered
the outside collar.
His Honor: I mean the collar of the cape, under the down collar. Lift
the collar and let me look at it. There, shouldn't that be smooth on the
shoulder?
Defendant: It can be taken in in the darts. If I had pins I could
show you.
His Honor: But you ladies always have pins.
Defendant: I have no pins with me.
His Honor (to the bailiff): Just get my waistcoat, will you?
The bailiff returned with the waistcoat and his Honor took some half
dozen pins from the edge, and handed them down to the defendant.
His Honor (to the plaintiff): Do you mind her pinning your beautiful
jacket?
Defendant had inserted several pins when his Honor remarked: Doesn't
that lift it at the bottom, pinning it up like that?
Defendant: No sir, you will see it won't life it when i have pinned
it in.
His Honor: You are not pinning the lady, are you?
Defendant: No sir, I am used to it.
His Honor: It seems to want a good deal of pinning. Now, Mr.
Bradshaw, what is the effect of that?
The witness: It will have the effect of diminishing the size at the
bottom.
Defendant (indignantly): Indeed it can't sir. Perhaps you have a
different method. I did not take it on the tailor-made system.
Plaintiff (who had very patiently borne the ordeal of "trying on"):
She has had the cape two months. I took it back to try to point it out,
and she said, "I will not allow you to dictate to me." She has had the
cape ever since, and said she would alter it. It was worse then than it
is now.
His Honor: Tell me why it is so dreadfully full on the shoulders.
Defendant: I can't say that. I did not take it on the tailoring
system.
Did you intend it to be bulgy like that?
It is not bulgy when it is stitched in.
Mr. Wilks: You can take these things out, and are quite willing to do
so?
Defendant: Quite willing.
Mr. Wilks: It is the simplest thing in the world .
His Honor: You say so; is it, Mr. Bradshaw?
The witness: The thing is entirely spoilt, from my practical
experience.
His Honor: Are you a ladies' tailor?
Witness: I have had fourteen years' experience in the trade.
His Honor: I have heard people talk about tailor-made gowns. I
suppose they somewhat differ from others. Are they done upon a different
principle?
Witness: They are cut on a more scientific principle altogether.
His Honor (who asked to be allowed to examine the cape more closely):
What is the matter with the inside of it?
Plaintiff: Look at the difference in those scollops.
His Honor: Yes. How much would you charge for making a cape like
this, Mr. Broadshaw?
Witness: It all depends. The making alone would be about 6s.
Defendant: You work remarkably cheap.
His Honor: Including the lining?
Witness: No sir; that would include nothing .
His Honor: What about all that beautiful fur, and lovely shot lining?
Witness: Well, sir, that varies in price. I have not much experience
in that cheap lining, sir.
Plaintiff: She charged me 3s. 6d.
His Honor: It is not fur you have in your hand?
Plaintiff: It is the fashionable fur they are using now.
His Honor: Now, Mr. Bradshaw, what do you say to this?
I don't like it myself (to defendant): You have put a large lump
here. What was your idea of doing that? It should be loose.
Defendant: We never fit a cape tight. QWe always allow for it to be
loose-fitting.
They are not meant to be?
They are taken away by darts - a piece taken out, and the material
stitched together again.
How many darts would you have put? - According to the size of the
figure?
And this figure would have required a certain number of darts?
Yes.
How many?
Four.
His Honor (again lifting the collar): Tell me about this piece of put
in here.
Mr. Bradshaw: It should not be there at all.
His Honor: It looks odd. Mr. Wilks, what do you think of this?
Mr. Wilks: I understand there was not sufficient material.
His Honor: But surely it ought to be a triangular piece. How do youb
explain this, Mr. Bradshaw?
The witness: It seems to be a piece put in - an attempt to alter the
collar after the cape was made.
His Honor (to defendant): What do you say?
Defendant: When the cape was sent home, it hung alright. Plaintiff
wanted pleats put in the back, and I had used all the cloth.
How would putting pleats in the back render this necessary?
It would catch up if it had not this piece in.
Defendant called Miss Rogers, an assistant, who said she had not nine
months' experience. She had nothing to do with the cutting out. She
merely took the cloak home. A younger assistant was also called.
His Honor: What did you do with this cloak?
Witness: i basted the lining, sir.
And what about this little piece?
I know nothing about it.
His Honor: Well, who was it that put that piece in?
Defendant: The bodice hand, sir.
Is she her?
No, sir.
These are very young hands, are they not?
There are five hands altogether. The other has been with me four
years.
Miss Rogers said she took the cloak home in December. Plaintiff
complained of the scallops not being the same size, and that it hung
down at the sides more than at the back, and of the scallops not being
even.
Mr. Wilks: My experience of ladies' capes for the last six months has
been that they have been full on the shoulder, and this was made with
that intention.
Defendant: To get the necessary quantity of material, it must be full
there.
Plaintiff: I never saw one in Deal like it, and i would defy anyone
to find one made like it.
His Honor: Then if you have the only one like it in Deal, there must
be something special about it.
Plaintiff: It would be a disgrace to walk about in it.
His Honor: Oh, no; I think you look very well indeed in it. But I am
not at all satisfied about this (again raising the collar and inspecting
the shoulders). Was this intended to be full like this?
Defendant: She came in such a tiff, and did not say what was to be
done with it.
His Honor: What did you do with it?
Defendant: Took it in on the shoulders, to make this a little larger.
His Honor: Can't it be taken in more as suggested?
Mr. Bradshaw: It will be spoilt. In fact it is entirely spoilt now.
Why not, if this is made tighter?
It is too large around the neck, and the larger round the neck the
smaller the flow round the bottom.
Yes, but won't it still hang very nicely when these are taken in?
No, sir, it does not hang nicely now.
His Honor: Let me see it on again. I confess I don't understand it.
(Plaintiff again put the cloak on). Now turn round, and place your arms
as you would like to have them. (Plaintiff raised her arms). It does not
seem to me too tight.
Plaintiff: I don't want to be laughed at as I go along the street.
His Honor: I don't think anyone who looked at you would do so.
Plaintiff: When I took it back to her place to alter, she flew at me.
His Honor: Take out the pins. I think we shall see better now. (To
defendant). Did you intend it to be baggy like that?
Defendant: It is intended to be loose in the neck.
Plaintiff: No sir. It was fitted quite plain at first. I stood three
quarters of an hour while she was trying to fit it.
Defendant: I have always made capes for Mrs. Friers before, and they
have always been bulgy. Some dresses she wears have very large sleeves.
His Honor: How many "darts" are there?
Plaintiff: About forty.
Defendant: Four.
His Honor (to plaintiff): Do you want to have it altered?
Plaintiff: I decline to have anything to do with it. It was spoilt at
the very first onset.
His Honor (to defendant): I think it requires improvement. Can you
improve it?
Defendant: Yes, I am willing to make any improvement the lady
likes.
His Honor: What will you give for the cloth?
Defendant: I could supply a piece like that, the size of that cape,
for 8s.
Double with at 4s. a yard?
Yes, sir.
Well, if you have that cape can you sell it?
Yes, but I can only give her the value of the cloth.
His Honor (to plaintiff): How much did you give for the cloth?
Plaintiff: 25s.
His Honor: What would be the cost, Mr. Bradshaw?
Mr. Bradshaw: That all depends upon the market.
What could you buy it at?
Well sir, I don't as a rule buy such myself.
It it what you call coffin cloth?
No, sir, far superior to that.
His Honor: I got a fur coat once, and my tailor told me it was coffin
cloth. What do you put the value at?
Mr. Bradshaw: 8s. a yard.
His Honor: That's just what I thought. Judgement for plaintiff for
16s., and Mrs. Woodcock must have the cape.
Mrs. Friers asked for costs, and his Honor said he would allow fees
on 16s. and the witness Bradshaw's expenses, which he would leave the
Registrar to fix.
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