, 1866-12-18
IMPORTANT SUIT.

Liable for Loeees from tho safn y
Burglary a--Tess{xnony OF an Il1lnts
Burglar.
tFrom the New York r.ibune, December II
snPREAx CoUKI-Ctacu1r-Def n. !,
!, g Har1ard--1tn. a. Sanoofn r.. .9at {
entirely novel character Ia this country, nd
nss but one precedent in England. he
PLAINTIFF complaint sets out that he was u
duced to buy > safe. and chest incloscd thec-
10, foE the purposea Of hl1 business "a
banke. In Sterling, Illinois, By ther refe-
6re and the chest burglar proof; thaton
night, August q, 1861. the Afs
was opened by burglars, and &e6, ,405 In
money, coin and securities taken thtsefron.
and that this occurred through the wek-
p ncss and IMPROPER manufacture Of the sae.
uc therefore aaka that Herring & Co, py
him the losa. Tho defence denies an *
press warranty Or Representations, OF
knowledge Of the plaintttf's business, aud
set up that the chest was 4 loReprtced oac,
nation ofthe superiority Of higher ones, sad
the additional securities Included In then
that he knew at the time that no aafe could
be absolutely secure, and that safes were rot
so1d as an absolute protection, but a. f1r.
nlshins ~ amount Of protection proportioxed
material, the number and size OF the bolts,
the peculiar patented locks, and other aafe-
guards al affecting the price; That be sas
shown other safes Of more expensive Char
and Notwithstanding chose this low price cue.
They further aver that this safe and chest
had all the securities which those OF that ]
grade aud price ever have, eud that the plain
titls left It In position exposed to the oper..
they have settled the matter BY presenting |
Mr.. eanhorn with better safe In place Of the |
broken one.
The evidence to-day was almost entirely
testimony taken on deposition, showing tho
peared from It that the burglary occurred IN
Sterling, Illinois. on the night OF August 81,
1864; that the office OF the plaintiff was in a
warehouse, det.ched from other Buildings,
on the main street Of The place; that there
were other buildings peaF. but The nearest
the outer akin ofthe safe had been ripped
open, as with pick-aI, for sone distance.
SO rs to expose the lock, which had then
been easily opened that the inner chest hAd
had the handle Of the lock removed, and that
then the 1ock-bolt had been driven ia, tear
ing off the inner lock, and thus allowing the
bolts TO be slipped back. The cheat itaesf
wns not broken. One OF the burglars, Ely,
waa caught next day, nnd turned States eyt-
dence, md thua the other two we're caught.
! turned States evidence, Is a. follows: siy
! years and upwards my residence Is IN Oglo
County, Illinois. and my occupation Is that
Of farmer; in August, lsG4, l resided In
he @ oeo the b paas tit Il sseslas seG s'is H. m
and the styles black; 1t had sn iron strap
| nver tho onside, double doors, fastened by
| paddock; do not know who was present
when first cav 1t; know OF the safs being
broken open the safe WAS broken open by
1xdr nd T1F - t-ro,
that the safe and chest were open on the
night of August =, 1851, In the Office Of
the plnl1tifr, In Sterling, III. + was standing
IN the road In front Of the building. at the time
the safe WAS broken open Reuben shoekley
vas engaged tn breaking the safe while James
Ing in which the safe was the breaking open
Of the safe occurred between the hours oi
twelve and one on the night mentioned the
means nsed to break the safe and chest were
pick, cbisel, crowbar and s1edsc; heard
10 no1sc made IN opening or breaking the
safe and chest; the passenger train on thu
Air Line Railroad was passing about tha
| time, and persons were constantly passing
along The street immediately In trout Of the
building. to and from the cars aud railroad
that was made In breaking the safe was moi
sufficient to attract anybody's attention
passing by the building, ~ / heard no moist
at all ! don't think Shock1cy was engaged
at the job more than from twenty to thlrt,
. ! minutes.
The plaintiff was pnt on the stand and tes
titled that he, having 4 fire but not burg1a
proof safe, was very Dlucl worried, haVin
| | to canJ home his money and securities ever
! night, and being unable TO leave his none
, alone while it was il the house that, aecin
| uerring's advertisement, he vent to Chlcag
! and explained to the agent there his situt
!. | tlon, and asked to see the burglar proc
( chests the agent showed him fsst tho sal
;. which he ultimately bought, and then ott
|; ths chest-that 1t VAS made Of alternate iaJ
/ ers OF fran6l1ntte and wrought iron, 60 tn:
5 the slcdge would be resisted by one and tt
b drill by the other !; he showed another to tt
> plaintiff, at higher price, which. be statet
differed @ Ia hsvipg patented losk, I'm bnt ', =
i other, which was foo large; the plalnt
+ stated to the agent, Mr. Farrell, that h
{, Office was in a building where no one reside
and was exposed, and that he wanted seen
y ity he further asked Mr.. Farrell whether
- warranted II, and was answered that tn
,e ,e did he asked what would be. the cons
!" qutncc IL burglars entered 1t, and was 10
1t such thing had never happened, and cou
70 not happen; at paid $50 for 1t on the sps
= and afierwafd on Its receipt By rail- REMIT
the balance of$50. The plaintiff then tcs
=. = aed TO the moneys and securities deposit
~ and 10 the condition of the safe
y the next morning, that the safe had be
ka cut oren, SO that II could be unlocks
T. and the lock-knob Of the chest had be
IN taken OF 50 that the lock-b0lt wss e1poss
4. and that the latter had been driven back
:. Il slcdgc, so as to tear of the lock inst
nc Hhcn Of course the bolts could cAsfly
70 turned back. There were other aecurit
4 beside bis own In the safe. Tho next q
+ + the man Ely WAS caught, and through
II the Others were lodged in jail and convict
nd A,lW OF the plaintlff'e money, and s
er- Of The securities deposited With him r.
u | recovered,
sn. The Court here adjourned to this morn
ors at ten.
An |
'ev AZ Afs. a. F. sbatsucs, Of Clliiou, Pierce 2ou
ne lows. hae Obtained q judgment acaInst the II
Of ,0u0, for injuries sustained in being thtt
IRON = wagon. IN driving over piece Of
8 soad.