New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1866-12-14

| Sparks esq
| SUPREME C0UBT-Cmcur-Dfc. Ia-Before Mr. Justice
BARNARD.
AN IMPORTANT AND NOVEL QUESTION PoR sAPB
| MAsUPACTURBRs-Is SELLER or BURGLAR
PROOF sAFB LIABLE FOR LOSSES FROM THB SAFE
BY BURGLARY "A BURGLARS EVIDENCE.
William A Slnborn agt. Silas c. Herring ct al
This case u.s. believe, OF an entirely novel csar-
nccr in this country and has but precedent IN England
The plaintiff complaint sets ont that he was induced to buy
SHE and chest nclnscd therein for tho purposes oi his business
a. banker in Sterling m by their representations and
ranty that the safe IRE nnd the chest burglar proof mat
glars and 81 1o In money coin and securities taken theroirom
and that this occurred through the weakness ana improper
manufacture OF the safe therefore asks that Herring Co
pay him the The defense denies any express warranty or
representations, knowledge Of the pantihs business and
up that the chest priced one selected by the de-
PENDANT amer fun explanation Of the superiority Of higher
and the additional securities included them that he knew PI
the time that safe could be absolutely seto aud that ss
were not sold RS an absolute potcta bt furnishing
amcGnt protection PoPo toned to the thickness quality
and strength OF the material the number snd size OF the bolts
the peculiar patented locks and other safeguards all affecting
the price, that lie shown other safes OF more expensive
character having these additional safeguards and notvh.
safe srd chest had oil o securities which those OF that grade
pc have and that the plaintiffs n !, in position
exposed 20 the operations Of burglars They also set up that
they have settled the matter by presenting Mr. sanborn win
Tbrerdrpc doy was almost entirely testimony taken de-
position showing the manner and time OF the burglary IL aP
pcnIc from It that the burglary occurred In sterling Illinois on
The night Of August q sG that the office Of the plaintiff was In
warehouse detached nom other buildings the main street
nsarst reducc WIS some 40 feet OF skin Of
the safe had been ripped open With pick AZ for some DIS
ancc expose tie lock which had then been easily
opened chest hid had the handle OF the lock re-
moved and that then the lock bolt had been driven in tearing
OF the inner lock and thus allowing the bolts to b. slipped
back The chest itself not broken One Of the burglars
Ely caught day and turned States evidence aud thus
The evidence Of tho burglar who turned States evidence
follows Ny name Is Samuel Ely my age y 81 years and
upwards nv residence is In Oge County Illinois and 90
cpliion il that of farmer IN August ieot THldeI IA
Peoria Ill r. AEsn' i S ,n r." was 'I large the panels we're
gree. and the styles black had m iron strap over inc ont
side double doors fastened BY paddock don't knoH who
was present When frat saw IT, know OF he sal, being broken
open safe broken by Reuben hockey ami james
Murray know that the safe aud chest were open on the
nib, ~ August 1874 IN the office of the plaintiff 10 Ster
ling IN; I standing In the road In iron' OF The
Shockcy was engaged breaking the safe while James
Murray seHe the steps Of the building IN which the
hour. or s and on Re night mentioned the means used
TO break the safe aud chest we're puck chse croNoar and
see heard made In opening breaking the safe
and chest the passenger trim Of IN" Air line railroad
passing about tia. time AID persons were constantly passing
from the cars ard railroad about 30 feet from the building any
that made In breaking the safe was not sufficient 10
attract bOdys attention passing 'y the building heard
no noise al an don't think Shookey engaged at the job
longer than from twenty 20 thirty minutes.
The plaintiff put the stand and testified that he hay
ing hre but not burglar proof safe was very much Worried
having carry home his money and securities every night and
being unable leave his money alone and dskng To have
bis wife LEFT alone while In the house that seeing Her
rings advertisement he went To Chicago and explained 10 The
agent there hs situation and asked the burglar proof
chests the agent showed hn first the safe which he ultimate
IN bought and then others he explained him the
ton Of the chcsthat IL made Of alternate layers Of frank
Unite and wrought iron that t ege would be resisted by
one AID the d by the other he showed plain
tin higher price which he stated differed in having
patented lock hut better for his purpose and sin an
other Rhich large the plaintiff stated to the agent
MIR Farrell that his Office IN a building where
sided exposed and that he wanted security he fur
were that he dd be asked what would b. the consequence
II burglars entered H. and was told such thing
paid $50 for Il on the spot and anersard
It's receipt by rail RENTED the balance Of 80 Tho plaintiff
then testified TO the moAeys and securities deposited IN the
the 2h August and 10 the condition Of The safe
the morning. that the safe had been cut open so that
could he unlocked AID the Of the chest had been
taken of that the ockbo exposed and that the latter
bad been driven back by edge so as b tear of the lock IN
There were other securities beside his IN the safe The
next day the man Fly was caught and through him the Others
money aud 500 Of the securities deposited with him we're re-
The Court here adjourned to this morning at TO-
EK-Judgc Edmunds and 5. l. M Barlow for plaintiff A. A.
Nash and Mr.. Needham, for defendant
Before Mr.. Justice MASON.
SUMMARY EJECTMEST.
II II. Rohrscheib sgt Ambrose stevens go.
Broadway The 9Th OF May 1864 for the purpose Of collecting
his that arriving there no found defendant excited
that defendant him and asked what be there for
insult women that defendant then seized him. struck
him and pushed him back tearing his shirt and coat and IN
urng his that it blod freely For this alleged unPIo'
yokcd assault and battery plaintiff seeks 70 recover tO dam
Plaintiff and one witness sworo substantially 10 TINS
Defendant testified for himself alone, and that the
plaintiff had come his and nsuted his female relatives
grossly and behaved IN an outrageous manner and that defend
had I've right under tho circumstances TO eject him ana
that doing be force thnh was necessary.
Before the ury retired the plaintiff astonishcd the Court by
asking II II Ne did have right TO do what he alleged ne
had done The Court replied that he had better ask MS ega
adviser Tho jury believed the testimony OF defendant and
brought in verdict In his favor
Chimney Shaner for plaintiff Thos Duhpy Tor Defendant
SPE,uAL TERN-Beiore Justice BALDWIN
THE VALIDITY OF pEArH-DED GIFTS
VIM. A. Walker Administrator &C, agt Hester Alberson
eta-Panf brings action to test the validity OF an audd
donation o. SIT made Just previous 20 desth D he plht
esae stephen Cole the defendant The facts seem 70 be
ns Cole Nho merchant Of this City being In vi health
s.n on tho trs Of February lso3 10 INC mouse OF deeI
who husband and wiic residing at Cutehogue SUFFOLK
County Long Island with he intention Of remaining there
brief period He died there the eleventh Of February 1863
lie very with defendants had been brought up
by hem and had times resided with them AZ the time Of
his death t supposed lie had mn relnYeS and the pn
being Coes creditor to large amount was appointed aa
his BY OF this appointment ne vent 10
ogue and demanded the property Of Cole which defend
refused TO give up the sound thai Cole mad gwen TO
Mts Alberfson Just before his death. .
Isspdnns admit having the property In question-a gold
watch 81 200 IN money four Savings Bank books iepenlng
deposits OF s7l3 and promssory notes winch they
the payment of just debts Plaintiff alleges that the
value Of the assets Is less than the amount OF the deot owed
him By The said that matter how freely the a.
legged gift had been made IL would not be Vad ~ against
Merchsat Consbe and liott for plaintiff; stewart L.
Woodford and VIM. WckhsL defendants
CnuBERs-Beiore Mr. Justice ISGRAHM
DECIsIoEs
rJno Robinson sgt Elizabeth RobnsonReport Of Referee
confirmed and judgment Of divorce granted .,,,
Jto StrartOn agt Jno e. Hosten 20 sl-A0tOn ueheui
with leave other sdayits payment OF costs
James Jones agf. Frank Leslie &eMoon denied without
and with leave 10 renew on other papers on payment oi
J. W; Ha.h sgt. Joseph Eneas ct all VIZ Rueer ct al
H. C. Tanner agt John r Morton ct aLhoton to correct
pieadings denied. costs 10 abide event. -,
SPECIAL TERN-BALooN J,-Henry A. Tglor &c, agt Inc
Quicksilver Mining CoThe plaintiff Is niied 70 judgment
the demurrer TO the compnni with cats ot the uelohu
ant may answer tho complaint within 20 days ter notice OF
this decision on payment OF the costs 0eea'oneo " M" w.
uufr fSoad