The Express.
London, England, 1866-02-14 00:00:00

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LAW INTELLIGENCE.
(THIS DAY.)

OOURT OF QUICSN'S MINOR.
mta nom Niel Prins Sittings at Westminster.—(Before
the Lord Chief Justice and Special Juries.)
"'hie was the fitst day of the after term vittinga. The
list ontiins above the average entries, and many of them
an Tory heavy muses.
WALE= V. =urn.
Nr. D. Seymour, 0t.0., Mr James Browns, Q. 0., Mr.
pores, sad Mr. Butler Rigby were the counsel for the
octiff. Mr. Edward James, Q. 0.. Mr. Bovill, Q. 0.,
yr. Violater. Q. 0., tied Mr. T. Jones were the counsel for
the defendant.
rib was au action for • breath of warranty with refs-
Aide to a safe, vii., that it was sufficiently strong to
most attempts on “ • by thieves. wbeream it had been
Icahn open by burglars, hc. The defendant pleaded •
variety of pleas, and among others that the safe at the '
pate was sufficiently strong, and further that the cause of
action did not accrue within six years.
eta plaintiff is the well-known jeweller of Cornbill,
aid the defendant is the proprietor of the Phcenix Works,
Liverpool, and carrying on busmen .in Moorgate-street,
sod be was well-known as an eminent safe manufacturer.
fthe 15th of May. 1858, the plaintiff purchased • safe
the defendant for forty Vista% which the latter
warranted, as the plaintiff alleged, sufficiently
&wog to resist any amount of violence. The
Nis was fixed on the plaintiff's premises, sad
lathing oocurred until Saturday night, the 4th
February, 1865, when the extraordinary burglary with
which the public were familiar took place, and property
raked at 6,0001. was stolen. Ow of the harems would
be walled before the jury, and he would state how
the safe was opened, and the time it took to do it,
namely, about thirty minutes, stopping at inter-
vals as they heard the tramp_ of the polieeman on his
beat. Eminent engineers would also be called to prove
that the safe could be opened by the instruments used by
the Muslin. A smaller safe of the same clam was after-
weds Woad open by an ordinary blacksmith. in 19
transits. Although this safe might have bean fireproof,
it was urged that it was not of suM6sat strength to resist
the dash* sad determined attacks of burglars. The
*stiff claimed about 2,6001.
Mr. John Walker deposed—l purchased the safe in
et dedendeat's shop in Idoargato-street is May,
iirrh"Mx. Bopley, the defendant's manager, was informed
* sae that I bad been recommestled to the defendant by
Ypres. Mappin for • safe to put very valuable
poverty* such as jewellery and watches, and as there
was no convenionoe for • person to sleep on the
promime, I wished for • safe that would protect that
pepsins* night. I and my son selected one we thought
ridable to our Purpose. Mr. Hopley said that safe wee
261. or SI., but it was not the safe he should re-
othnew and he showed us one of their =
*ldlest, thief-proof. sod fun-proof safes. I
him if be could warrant it as being thief-proof,
04 be replied be could, and added that no thief
could brealcit open. I asked the queetion two or three
times whether I should be perfectly safe in leaving nay va-
luable property in it, and he replied, "Yee, pmleatly safe."
I then decided upon having the safe according to his re.
examendation at 40 guineas. The safe was sent to Oars-
hill and fixed by the defendant's workmen. I was allowed 10
per cent. for cash, sad I gave my cheque for 361. in payment,
for the safe. I occupied two rooms on the groood floor in
Oorshill, sad the site was placed in the bath room ; holes
were cut is the shatten next to Sun-court, commanding •
view of the safe ; gas was burning all night and all the day
on Sundays ; the safe was piloted white, and a mirror was
plead oi that any person looking through the boles in the
shutters °odd see the safe reflected on it, and any °nein front
d it. Sir Charles Orcaley occupied the first floor as o•M
sof the ground-floor and the basement were occupied
tailor. About four years ago I bought another sale,
felt was fixed in my shop in Princes-street, Leicester-

KUM'
Mr. Edward James objected to any evidence being given
with reference to any other safe.
plaintiff—Mr. Bramwell, the engineer, his experimented
9Pon tla
Cross-mrarnined—l have a distinct recollection of what
paned between myself sod Mr. }Tapley, when I purchased
the safe. I did not tell Mr. Hoploy about the value of the
property that would be put into the safe. There was a
partition, 5 or 6 feet high, is the beck room, behind which
my men worked. In looking through the boles in the
shutters in Corshill the partition would intercept the
view ; the partition was put up several years after I had
ties ode; there were two holes in the abutters in Sun-
sout, and through them the iroo.aafe was to be
ease u well as the partition. I think persons in Sun.
court oat look over the partition. The partition was per-
manently removed some time since because I have got
another room for the workmen. The partition was never
objected to as not affording the desired protection. There
were no iron bus to the shutters before the robbery, bat I
have put them up since.
Mr. James—Upon the principle of looking the stable.
door after the steed is stolen. (Laughter.)
Plaintiff—l said nothing to Mr. Hopley about having
holes in the shutters, gas burning at night, &o.
Be-examined—The shutters were lined with iron. It
was after an attempt to break into the shop I bad holes
cut in the shutters and the gas kept burning at night ;
leaned the attention of the police to the attempt ; and it
was at their suggestion that I had it done—they said it
would enhance the security of the place ; the system bad
been adopted in banks and other places in London.
The shop is now thrown open and the gas kept
burning at night. It would kill a person to sleep in the
shop. About half of the partition was of clear glees ; the
mirror was above the height of the partition, so that the
mirror could be distinctly seen through the holes in the
shutters.
By the Lord Chief Justice—When I purehased this safe I
did ant know there were others of a higher price. Mr.
Hopley told me this was a perfect safe.
Mr. F. Walker corroborated his father's evidence rela.the
to the purchase of the safe. Mr. Hopley advised them
to take one of the defendant's beet holdfast Ere and thief-
resisting sates—opening the safe in question at the same
time. On his father remarking there was a groat difference
in the price of this and the first he looked at, Mr.
Hopley said it arose from the strength and quality
of the article. His father asked if it was proof against
burglars, and Mr. Hopley replied that they might leave
their property in it with perfect security, and rest perfectly
',tithed that the safe could not be opened without the aid
of the key. The safe was then purchased upon
Mr. Heptey's recommendation, witness's father saying
"Of coarse you can warrant the safety of my
property in that safe f' Mr. Hopley said, " You
may red assured, Mr. Walker, that I have given you good
advice, and that you will never regret having purchased the
safe." No higher priced safe was mentioned. Oa the
Maeda alter the robbery Mr. Hopley came to the shop in
Mr. James objected to any admissions made by
Mr. Hopley at that time being received in evidence.
His Lordship ruled that it could not be received.
Mr. John Thomas Walker—l have the management
of my father's business in Corshill. It is the
practice to lock up in the safe at eight all the most valuable
part of the stock. On Monday muskeg the 6th Feb., 1865,
I found the sale had been broken open, and the stock taken
from it; the value of the property in the safe was
between 5,000!. and 6,000/., consisting partly of our
eve sad partly of articles intrusted to us. The
latter was worth about 10001. The cost price of
the property lost was 5,0631., and we recovered pro-
perty to the value of 1,9551., leaving a lost of 3,0281.
Crowe:mined—l had the management of this shop. I
war not present when Mr. Smith, the foreman, put the pro-
perty away. I never heard any complaints from the police
of the partition previous to the robbery.
Be.examined—We complained after the robbery of the
conduct of the police.
Mr. William Smith, plaintiff's foreman, deposed that he
locked up the property on Saturday night, and on
the Monday morning be found the safe had been broken
open and the property gone.
By the jury—The key of the safe was always in my pus
Thomas Conley, one of the burglars, now undergoing
penal servitude for his participation in the robbery, was
brought ep in custody to give evidence. He was dressed
in a convict's dress, with a good conduct stripe. He de-
tailed the manner in which the safe was opened.
[The case was proceeding when our report left.]

COURT OF PROBATE AND DIVORCE.
(Before the Judge Ordinary.)
TOORD e. 700BD.
Dr. Deane, Q.C., and Dr. Eirrabey, for the petitioner;
Mr. M. Chambers, Q.C., and Dr. Wambey for the de-
fondest.
This war a testamentary suit, the testator being Thomas
Foul. lat• of Easteburch, Kent, farmer, who died in April
lad, leaving the will now propounded by the plaintiff,
hie widow. It was executed in the August previous,
baring been drawn by gr. Comyn, a solicitor. who had
known,. the deceased for many years ; and it was attested by
Yr. Ce
lure— and by Mr. Roche, the superintendent of a
.„sway. He left the whole of the property (about
itilf.) to the plaintiff.
Evident!e of the execution and of the perfect capacity of
Poord, at the date of the will, baying been given,
tbs allegations of the defendant, a son of the testator by a
leiter wife, were withdrawn ; and the jury found for the
plsiatiL
Toe court therefore decreed probate, and condemned the
defendant in the costs, bat retuned to certify for a special
jury.

COURT OF BANKRUPTCY.
(Bofors lir. 0001MillSWINT GOillbare.)
Na O. P. DEVCI.—QtRITTION 1.11 TO VIOUTICATTOII 01

row OF ATTOENIT.
The bankrupt's this ease was ea attorney, of MRS widdes.
Lee. At the adds( for ohoies of assignees. attorney,
before Kr-
.Reentrar. Pam, a few days ago. tie objects* wee team
ef Yr. Berwieh, oh behalf of *Maim creditors, that the
Palms of attorney by widela other creditors esnett to
Pees were sot verified by oath or affidavit ; and the qua.
hoe was referred to the decision of the orrandedoser.
814 Hewer now said that he bad gives the matter his
,eery
_weld eoaddsratios, and hid also eenialted with his
brethren, Mr. Csuisslidoser Holroyd and
Mr. Cemegeekunir Window. tinder the 139th see-