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HONG KONG DAILY PRESS, THURSDAY, JUNE 5, 1930.

ACTION AGAINST THE HONG KONG

HOTEL.

CLAIM FOR BALANCE" DUE ON. REFRIGERATING APPARATUS.

ALLEGATIONS OF NEGLECT BY DEFENDANTS,

COUNTER-CLAIM AGAINST FIRM.

An action in which technical points appertaining to refrigerat ing machinery are involved was commenced at the Supreme Court yesterday before the Chief Justice (Sir Joseph Kemp). Messrs. Andersen, Meyer & Co., Ltd., the plaintifs, are suing the Kong Kong and Shanghai Hotels, Ltd., for $25,355.20, being balance due for work done and materials supplied to the Peninsula Hotel between September 1 and November 27, 1929. Counter-claims by defendants for alleged unsatisfactory working of the pleats amount to over $100,000.

The hearing of the case is expected to last a considerable time and experts will be called by both sides to give evidence on the working of the refrigerating apparatus at the two Hotels. Plaintiffs are represented by Mr. H. G. Sheldon, instructed by Messrs. Johnson, Stokes and Master. Mr. Eldon Potter, E.C., with Mr. F. C. Jenkin, instructed by Messrs. Deacons, are appearing for the

defendants.

The claim refers to the installa- tion of an ice cream hardening Froot in the Peninsula Hotel, creamery machinery, including cork insulation, tilling and pipe con- nection, etc.: 30 gallon 20 batch mixer, with 330 watt. three-phase 60 cycle motor, refrigerating plant, ice water system and fittings for the Hong Kong Hotel, the whole of the work amounting to $50,385.00. of which it was agreed that $25,000 had been paid, leaving the "balance as stated in the claim.

Statement of Defence. In their statement of defence, the defendants state that plaintiffs had -expressed and guaranteed the said plant to meet fully the defendants' requirements that the machinery was amply large for the duties re quired for it that the complete

The question of water being of very great importance, Mr. Hasker went into this question with Mr. Brearley and was informed that the water available was

a little brackish, but perfectly good for use in the closed condensers. Mr. Hacker recommended that open con.. densers be installed, but Mr. Brear ley wished the same type of con- densers as used in the Palace Hotel, Shanghai.

During these conversations, Mr. Hacker was informed that the an important point, would be about temperature of the water, which was 70 degrees Fahrenheit. Mr. Hacker then made his calculations and told 35 to 40 gallons of water per Hr. Brearley that he would require minute at a temperature of 70 de: greca, which Mr. Brearley agreed to supply.

SENSATIONAL ART SWINDLE.

WORLD FLOODED WITH "MASTERPIECES.”

FAMOUS PAINTER'S GRAND.

After

5ON CONFESSES.

(UNITED BRESS.}

+

a week's work, French criminal police and art experts have' not ret got to the bottom of the most gigantie art swindle of history, but they are convinced that some- whers in American and British museums are a million francs worth of fakedmasterpieces" including a half hundred or more by Jean- Francois Millet, who brought fame to Barbizon in the Fontainebleau

forest.

As a result of their first week's work, however, police are convinced that there are at least 8,300 faked

paintings, either already sold and installed in museums or distributed around the world among dealers. Tortunately, the fakes are exact copies of the originals, so that for the profane observer there is no

difference.

SPANISH LANGUAGE DEATH OF NAVAL YARD

PREFERRED.

VAGRANT'S LOSS OF

MEMORY.

POLICE OFFICER PUZZLED.

POLICEMAN.

MR. GEORGE FRY BURIED AT HAPPY VALLEY.

The death occurred on Tuesday of George Fry, of the Naval Yard Police. He was an inmate of the When Alfredo Fernandez, alias Royal Naval Hospital and passed Alfred Tam, alios Alfred Fively, away at the age of 42, from heart aged 30. years, of Santa Clara, failure, following bronchal asthma. Cuba, was charged, before Mr. There was a large attendance at Grantham at Central Magistracy the funeral which took place yester yesterday, with absenting himself,day at the Protestant Cemetery.. as a vagrant, from the House of Happy Valley. The coffin was borne Detention, he made the Court to on a gun carriage and was drawn understand that he could under-by colleagues of the Naval Yard stand only the Spanish language, Police. They carried the coffe to Sergeant Whant, for the prosecu. the graveside, where the service was tion, seemed to be stupefied and conducted by the Naval Chaplain. said, "But this man had given me and at the close they assisted in a statement in quite good English, filling in the grave, and he had also appeared before Mr. Lindsell without any trouble."one from the Commander of the

It was explained that the defen- Dockyard, dant was committed to the House of Detention on April 93, by Mr. Lindsell, but the man absented him- self on the 29th. When he was taken into custody and had the charge read out to him, he said, "I don't know what you say."

His Worship intimated that, ap-

Among the many wreaths sent was

BATHING FATALITIES.

The first fatal swimming accident this year occurred on Tuesdag, when a case of drowning was r ported to the Pelice. The unfor-

tunate swimmer was stated to be

Lau Tse Wan, aged 20, a Dairy

For six years, French police were hunting for the faked-art" factory,"parently, the defendant did not which they knew to exist, but could want to understand, but he was en- not trace. For once, the fakes were titled to a Spanish interpreter if Farm employee, who lived at 11,

he required one. The prisoner was East Street, Quarry Bay..

Lau was drowned whilst swim- remanded for 24 hours.

Vincent Sullivan, an Americanming in a pool filled with water' seaman, was also charged with the that had overflowed from the Tai-- same offence.

koo reservoir. The recovery of the Sergeant Whant told the Magis-body was effected by the Police of trate that the American Consul had Quarry Bay Station.

not classic 'old masterpieces of the Flemish and Dutch school, so easily copied.

ተነ

They are all duplicates or faked paintings based on such well-known' masters of the French 19th Century school as Millet. His painting of the Angelus "made him known all over the world, every schoolboy being familiar with his studies. of peasants in their fields outside of Barbizon.

*

promised to assist Sullivan" by. A further bathing fatality occur..

Gassim finding him a job in a ship in the red when an Indian, A.

(28), formerly residing at 62, Jar-

near future.

A sentence of one month's hard dine's Bazaar, died from the in- labour was passed on the defen.juries which he sustained on Satur dant. The Magistrate directed that day. It was stated that the de- Sullivan be again brought before ceased sprained his back at Lai- chikok Beach when he dived into

He was removed fo" shallow water. the Kowloon Hospital for treat- ment, but died shortly after 2 p.m. yesterday.

The Importance of Water.

Mr. Brearley the importance of Mr. Hacker also emphasised to handling the machinery properly,

In April, the police finally found and to this Mr. Brearley said that a trail, leading through a series he was quite familiar with the of shops of art dealers to that of the Court should a ship be found machinery and he assured Mr. another dealer who had acquired n

for him before his term of im- Hacker that they would get more satisfaction out of this type Millet, with, certificate of authen-prisonment had expired. machinery than the Palace Hotel, ticity, for 250,000 franes and was in "where the door of the refrigerating

plant was capable of operating room was opened many times a day/negotiation, by cable with an Ameri

room.

the red bonnet," was a fake, even an apparently

cipiently and in a thoroughly In Hong Kong they had to open can museum to dispose of it for satisfactory manner; that the plain.

the refrigerating room only once 800,000 francs. every day to take out what pro- tifs also undertook to supply three visions were required and then

Experts took Eve minutes to tell triplicate compressors, with each transfer them all to the storage that this Millet," The Harvester in unit of B-tons capacity, and that the plaintiffs expressly represented said that that was the only efficient

Counsel commented on this and though it bore that two of these machines would way of handling a refrigerating authentic signature and its authen- be ample capacity for all re-plant, because the oftener the door ticity was guaranteed by M. Charles frigerating work and that the plant was opened, the more heat would Millet, grandson of the famous would operate to full capacity inget into it. It all this were adhered 90 degrees summer weather, and

to together with an adequate supply would manufacture 230 gallons of of water, the plants should give ice cream from it, The defenes also no trouble. contended that the plaintiffe made certain stipulations with regard to the maintenance of a certain tem

perature.

EUROPEAN ARRESTED IN SINGAPORE.

ALLEGED BREACH OF TRUST.

A European named S. Palk, de-. scribed as a planter from Johöre, was arrested in Singapore on May 23 by the Detective Department on a provisional warrant from Johore, Big Purchases by British Museum.

where he is alleged to have com- mitted, criminal breach of trust. Continuing, Counsel said that in M. Charles Millet. confessed to the June, 1025, an ice plant was con- police his part in the scandal, and moved to the General Hospital as After being arrested Palk was re- templated. Mr. Hacker and Mr. that led police to the studio of he was suspected to have taken Brearley again discussed the pre- liminaries and after they had come another well-known artist, Cazeaux, poison.

painter.

On his discharge from

The defence filed counter-claims as follows: $105,700 paid by them for the Peninsula Hotel plant, damages amounting to 29,390 in question of water supply. He told the actual paintings of 0,300 copies, Johore. respect of the Hong Kong Hotel Mr. Brearley to have 120 gallons fabricated over a period lasting plant. damages amounting to of water a minute, which the latter six years. 330,677.75 sustained to provisions said he would do. Mr. Hacker studio has poured out upon the art In that time, the which had to be destroyed; re-then took the temperature of the imbursement of damages for the water himself and found it to be lovers of the world worthless copies storage of meat and sundry ex-73 degrees Fahrenheit instead of 70 of Millet, Corot, Daubigny, Diaz penses and consequential damages degrees. To this Mr. Brearley said and such Impressionists as Claude for the loss of profits.

that as the well had gone down, the crease."

to an understanding, Mr. Harker where police found either records or hospital he will be sent back to again broached the all important

PENANG DAILY SUSPENDED.

HONG KONG WATER SUPPLY.

The total storage in the island reservoirs on the morning of Mon- day, June amounted to 601.17 million gallons, shewing a decrease of 23.09 million gallons, during the past week, the amount, collected from streams being 18.28 million gallons.

ed to 67.07 million gallons, which The week's consumption amount- includes 23.17 million gallons from the Shing Mun Supply.

KOWLOON WATER SUPPLY.

The total storage in the mainland reservoirs on the morning of Mon- day, June 2, amounted to 293,49 million gallons, shewing a decrease of 30,81 million gallons during the bast week.

In opening the case for the plain temperature would naturally in- Monet, lifelong friend of" Clemen. GOVT. OBJECT TO ARTICLE ON The week's consumption, not in-

tiffs, Mr. Sheldon was occupied the whole day in going through the various claims and counter-claims. also the correspondence which had passed between the parties previous

to the matter coming to court.

Counsel said that the writ was issued in December last year, while the defendants filed their statement

ceau, Degas, Cezanne and Sisley; Leakage in the Tubes, who were only recently carried to condenser tubes, Mr. Sheldon said to America, Britain, Belgium and Speaking about the leakage in the their graves. These paintings went

of the tubes, and be went on to that this was caused by corrosion Germany, one British museum alone explain the reason, in which it was having bought several hundred thou-- alleged that the water had much sand francs worth. of defence on February 24, 1930. It, to do with it. The original tubes, might be necessary for the defence, which were of American make, in answering the case, to refer to technical points, but so far as he ans concerned, he would not worry his Lordship very much with technicalitics.

Negotiations Between the Parties.

Mr. Sheldon continued that in March, 1928, plaintiffs were asked to prepare specifications of a re- frigerating plant for the Peninsula Hotel. Previously there had beca negotiations in This dlfection, but they were left in abeyance, as the Hotels later occupied by the

.. JAPAN

clading Hong Kong supplies and 2.41 million gallons delivered to at Lai Chi Kok, water boats A well-known Penang Chinese amounted to 31.57 million gallons. Yit Pah, ceased publication on May River and streams, during the week daily newspaper, the Kwong, WalThe yields from the Shing Mun

on orders received from the Gov

was 26.74 million gallons.

ernment.

It is understood that the Govern- GOING ON BOARD WITHOUT The copyist, Cazeaux, pleads that ment" objected to an article: in were then replaced by tubes of he copied only on order, not know-recent-issue on Sino-Japanese

A PERMIT British make, supplied by Messra.ing his paintings were being sold W, S. Bailey & Company, but they authentics. He is a well-known

BOARDING HOUSES' FOKIS also started to leak in the same

SUMMONED, manner.

:

graduate of the Beaux Arts, who had always, been admired as an excellent copyist, although not a

creator.

Mr. Potter raised an objection at this stage, saying that the reason now given for the corrosion of the tubes was lack of water, whereas in pleadings they had said it was due In making his copies, he had used to impurities in the water."

After a discussion between his old paintings of no art value. The Lordship and Counsel on the point, old canvas and frames were used, Mr. Sheldon asked permission to the old picture scraped off and the amend bis pleadings by the inser-the-copy-painted--on. Even old tion of a word if it would not in. Mr. Hacker, the plaintiffs' chief any way embarrass Mr. Potter's frames were put around them, and, engineer and refrigerating, expert, case, came down from Shanghai to sco

Mr. Potter said that he was sur- the artist was able to put the pic by a process yet to be discovered, Mr. Brearley, who was at that time prised to bear of it, but whether it the chief engineer for the Hong would embarrasi his case or not, tures in his attic, and four days Kong and Shanghai Hotels, and he was not in a position to say later bring them down covered with resumed the negotiations. Mr. off-hand. It was a very importanta dust evidently of 23 years' stand- Hacker had also discussed the point.

troops.

scheme at great length with Mr. His Lordship left over the queeing"" Brearley in Shanghai a little pretion of amending the pleadings un- viously.

til this morning.mp During the resumed negotiations,

Mr. Sheldon then went on to deal

M*- Braszlam infarmied Me Basics with oth

that the orginal scheme had been the working of the system. He given up and that it was proposed pointed out instances where he to instal the brine circulating alleged the defendants' employees system instead of the direct expon had misused the system and caused sion system. They discussed mata strain OT. the

!

machinery

tere amicably for two or three weeks, Evidence would be called on these when Mr. Hacker supplied speci- points. fications and figures showing the -cost-of-the-runchinea

Hearing was adjourned, until -18.30-8.m-to-day

Millet's grandson told the police that he started by selling his pen- plaketohar, which bo kannda with his grandfather's monogram. He saw how easily he could acquire n fortune, and next took a dozen Inked paintings to London, where dealers fought for them, paying from £100 to £400. From that time on the commerce developed, with sums

ing into saillions

altaire

In a farewell"article the paper announced that it was stopping publication for three months. In order not to disappoint its read-

Before Commander G. F. Hole, ers during the suspension period it at the Marine Court yesterday, was planted to compile a memorial two fukis of Boarding houses were book entitled "The Awong Wah Tft, summoned for going on board the oh Twenty Years Memorial Book," President Jefferson while alongside containing historical facts and the Kowloon Wharf without the per literary articles.

mission of the master and officers. Accused pleaded not guilty.

ADVICE FOR INVESTORS.

READERS are reminded

to

that inquiries relating the share market are answered, on page 12

.12 every Tuesday by Kufan

Let ters should be sent to this

17

panied by writer's name and. address not for publication. Letters should be addressed" to Kufan," Editor.

Sergeant Philip-Keller, who pro secuted, stated that when be went on board the President Jefferson od June 1, the captain of that vestel handed him the accused., together with a letter.

The first accused stated that he went on board to visit his country! man who came back from California by that steamer.

When asked by His Worship who gave them permission to go on board, accused stated that it was given by the Chief Officer wha stood on the gangway at the time.

Sergeant Keller then pointed out His Worship that it was the Chiel Officer who arrested them.

His Worship said that although he had no doubt in his mind that the accused were guilty, yet, on the ovidence given by the, prosecution he found that he could not convict

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