The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1895-11-21
SAFE BLOWING DISCUSSED
Court Listens to Testimony on Bur-
qlar Proof Safes.
cARLUccI CASE STILL on TRIAL
Defendants Side Opened Before Noon
Yesterday Mr.. Flynn's Horse Died at
an Inoprortunc Timc-pctition to
Mortgage The Polish Church.

Court room No. ! a part of the tiroc
yesterday was n school on the subject
Of burglarizing safes. The defendants
side of the case in the assumpsit suit
of the Cincinnati SaTe and Lock com
pany against NJ. NJ. Dewitt, Of this
city, was heard. The testimony was to
prove hat the contract made by the
defendant with the company was n
calling for an absolutely fire and burglar
proof article. one that would have pres
sure bars, crane hinges and tongue n
groove doors.
Mr.. Parker the biaycle dealer of this
city, testified that the safe sent to Mr..
Dewitt could be operated upon by our
glars very readily; that the space be-
tween the doors was wide enough to
admit explosives sufficient to blow the
safe and the building uD. Mr.. Holli-
day. general manager of the Safe COM
pany, was on the stand and he swore
that the safe could not be b~urglarized
within q reasonable time. The evil
dence closed at $50 and each side took
three-quarters Of an hour arguing to
the jury. Court did not adjourn until
5 o'clock, hut the counsel did not get
through until that hour. Judge Arch
beld's charge will he given this morn
Ing. Attorney ]. w. Carpenter argued
for the plaintiff and Attorney John F.
otTdSS, lpT tlp UeltI'udlt.
In his address to the jury Mr.. Scragg
said he was willing to admit that the
safe is burglar proof; for the reason
that no professional craftsman would
demean himself by taking a job so easy.
No n bu a novice, M a bungling
one at that, would undertake to blow
open the safe.
The Horse Died Too Soon.
In No. 3 court room, before Judge Ed
wards the assumpsit suit of James
Flynn, Of this city, against the Peoples
Live Stock Insurance company, of New
York, was put on trial. The plaintiff
owned a horse that he decided to in
sure and he made application for a
policy. DR.. Jacob Heilmer, veterinary
surgeon, was the agent of the Insur-
ance company, and when Flynn called
to pay for the policy, Heilmer could
not change a SIS bill, which was tender
ed in payment. The householder in
formed Flynn that 1t would be all
right, he could call some other time;
but that very day the horse died. The
company refused to pay the policy.
After the case was begun yesterday the
court granted a compulsory non-suit
on motion Of the defendants attor-
ney, on the ground that the suit should
have been brought within six months
from the date Of the animals death.
and 1t was not begun until nearly a
year afterward. This provision was
specifically set forth in the policy or
agreement on which the horse was to
be insured.
The time in No, 2 court was occupied
with the case Of w. c. Townsend. of
New York. against Frank Carlucci. of
this city. The plaintiffs case was closed
at IL o'clock and the defendants case
opened. Mr.. Carlucci was on the stand
for the remainder Of the day. His YER
sion OF the dispute was that the plain
tin company had agreed to deliver the
stone contracted for, so that II would
arrive In this city on or before June Is.
1893. The stone did not come then, and
he granted an extension of time until
July 2; even then 1t had not arrived. 1t
did come on July Z, n then 1t was not
according to the plans and specifca-
lions.
The witness was put through an elab-
crate cross-examination by Major
Warren In reference to the measure
ment Of the blocks when they arrived.
The case will not 60 to the Jury until
possibly tomorrow. Mr.. Carlucci did
not use the stone sent to him by the
Townsends and has 1t stored away in
his yard on Scranton street.
Two Cases Non. Suited.
n case of f. H. Williams against
Thomas Spencer was called for trial IN
court room No. 3. The plaintiff was not
on hand to present his evidence 10 the
court and jury and a compulsory nom
suit was granted. The case of U. G.
Stockwell aginst Norris Schwartzkopf
was also called for trial, but the plain
tif did not appear and a non-suit was
entered.
Attorney Nj. A. Mckinley, represent
ing Right Reverend Bishop O'Hara.
filed a petition in court asking for an
order to place a mortgage on
the property Of the congrega-
ton of the Polish Catholic Church
Of Jesus and Mary. Of the South Side.
on Its real estate and the premises so