THE FIRE INSURANCE
CLAIM.
The Defence Opens.
*
This morning, the sixth day of hearing of the fire insurance caso, saw the opening of the onso for the defendants, the Prussina Na- tional Insurance Co. of Stettin, by the Hon. Mr, H. E. Pollock K,O., who, with the Attorney General the Hon. Mr. O. G. Anlbastor, in
examined him on the question of froud.
"I should like to point out," he said "that it was the duty of counsel, when he had a man in the box to cross-examine him. on the point.""
THE HONGKONG TELEGRAPH, WEDNESDAY, JUNE 12, 1912.
WHO WAS THE DEFENDANT?
Mrs. Allen was a moatizo and ed the interference and said they. wrote English woll.
should take his nameand address. His Lardalip-I am inclinod The inspector refused to do that. to think the plaintiff has not He then snatched the dollar note A Doubtful Case
mado out his caso:
from the conductor and proceeded This morning, in the Sum-
Mr. F. R. D'Almada-Ion his way to Causeway Bay. He mary Court, before Mr. Justice submit the plaintiff has. The returned the conductor the ninety, Gompertz, Jagat Singh, sued defendant has told your lordship cents. The inspector was run- Miss A. Allon of 38 Queen's Road that Mrs. Allon writes English nig by his side, and there was a East, claiming $40.50. being very well.
big crowd there. He turned to Hie Lordship-That may be the right and the inspector seized principal and interest, monoy Mr. L. Laminert was the first fent on a promissory note.
her idea.
|him by the armi i Hô objected to witness called for the defenco aid, Mr. F. X. D'Almada o Castro
"Tarty" Dollars
being seized and being in a hurry Aud eho mye she cannot write. to got away lie shoved the inspec said he had inspeeted the premises Mr. Leo. D'Almada Castro for The promissory note roads "I the tor away. The Inspector seized in answer to Mr. O. G. Alabastor, appeared for the plaintiff, and
undersigned, promised to pay him a socond time and they both
His Lordship should havo put it to the witness mуsoll.
Mr. Potter:-Your lordship invariably docs.
BUTTER.
BUTTER.
We are pleased to announce still
FURTHER REDUCTIONS
The following prices now rule:
"DAISY "
BRAND 80 cents per lb.
H
'DAIRYMAID'
70
"BUTTERCUP
68
23
2F
65
"
PASTRY
THE DAIRY FARM CO., LD.
structed by Mr. W. L. Shonion, after the fire; there were show the person on whom the writ was hoster the sum of tarty dollars foll on the ground. He (witness) GARNER QUELCH & CO.
of Messrs, Deacon, Looker, and Deacon, appears for the defence.
Mr. Eldon Potter, instructed by
Dealing moro particularly with Mr. Davidson of Messrs. Hastings the front case, witness give it is and Hastings, appeared for this pinion that it was in good plantiffs the Wa Loung Cheung order and not burned out. Koo L.ca firm.
cases at the sides of the shop and Borved. one in front.
A Chineso witness was recalled just after the Court sat, and he informed His Lordship that he applied to the defendants for the insurance money, but he was told he would receive the money after the police had enquirer into the
mattor.
Mr. PollockDo you suggest that Mr. Foster told you that whatever evidence camp out at the enquiry, he would pay you after the enquiry?
He told me he had asked the police to make enquiries and, if overything was satisfactory, they would pay mo..
Mr. Potter-hat is my case.
'The Defence:
The Hon. Mr. Pollock K.C.,
dealing with the defonce alleging that the plaintiffs had boer guilty of fraud, said that the jury would have to be satisfied that the items in claim by the plaintiff, were correct. The plaintiffs could not come into court and ask the to assure that there was so much
jury
stork on the premises on the night of the fire. If the jury
dorod the whole claim un-
Mr. Alabaster-If it contained $10,000 worth of goods, would it have been possible for it to have been burned out without leaving any trace at all?—No.'
Continuing, witness said that the boxes produced in court were nctually found in the cases. In the side cases witnows. found blankets, cotton goods, sik piece goods at Chinese medicines,
dollars.
for the plaintiff and my learned Mr. F. X, D'Almuda :-Lappear brother for the defendant.
Mr. Leo. D'Almada-Not for the defendnut; but for the person served with the writ.
the action was for money lont on. promissory note which was at- tached to the writ, Plaintiff had
Plaintiff's solicitor said that
a
14
write 3 for 30. She culis hereel fence he struck the complainant. $3.00." An American lady would was on top. On getting up ho not spoll thirty" Larty nor was attacked again. In self de- D'Ahneida; she has other namos. He was retreating when com- His Lordship—You nover plainant again attacked him. hold on to the skirt of liis coat. During the struggle complainant |
asked her that.
Mr. D'Almada: She would certainly deny it.
His Lordship-las she ever used the name of Allon?
I don't know my lord..
Face Smeared With Mud: Eventually a lakong appeared on the scene and almost immodi- atily aftorwards Mr. Glendoan-
uning appeared. He (witness) did
witness us to the promissory note being signed by the defen- His Lordship-It is a doubt dant. The defendant's case was ful case; on the whole I am that she never borrowal
the certain about it money and that she knew not-judgment for the dofondant,
hing about it.
Mir.
Leo. D'Almads:-Sho
something about it;.
What would be the value of the goods in the, side cases?-Bot-knows won two and three thousand she had a boarder named Mrs. Allon. This morning I got my client to sign her name as A: Allen and as A.Almeida and I am going to produce that to your Lordship. His Lordship:Then sho hail botter write it in court.
Had those cakes boon fully stocked what would have been the value ?With what class of goods?
The same as you saw.About five or six thousand dollars.
Plaintiff's Statement.
In other words it wasonly about Jagat Singh, the plaintiff air half stocked? That is my imho had known the defendant for pression.
Having regard to the condition of the rooms at the time, would it havo been possible for eight enses of silk rolls to be burned completely out.-No.
that was completely burned out? Did you find anything at all would not be able to find any-
thing thon.
about two yours
Mr. F. II. D'Almada :—Havo you been living on the ground- floor of her promisos 7-Yos ut 115 Queen's Road East.
Did she burrow any money from you?-Yes,
WINE MERCHANTS.
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Supply the highest quality Wines, Spirits, Cigars
I will give not resist the lukong. The com- and Cigarettes obtainable, consistent with price. All
EUROPEAN ASSAULTS TRAMWAY INSPECTOR.
KILL THE FOREIGNER.”
Fine and Compensation At the Polies Court, today, European named Philip Linton,
plainant thon jeered at him and
smeared his face with mud. Wines and Spirits bottled in Europe by Shippers of
lo again offered his name and World wide reputation. address, but it was insisted upon
that he should go to the police
etation.
Hongkong, 15th January, 1912.
BREMEN
Complainant attacked him again
A crowd had assembled and NORDDEUTSCHER · LLOYD, cried out Kill the foreigner.
11
LINE.
und it was then that he struck him IMPERIAL GERMAN MAIL with his fist. He only used ris stick to keep off his hands. The
charged with assaultingan in-marks on his face he believal FOR MANILA, ANGAUR, YAP,
were done with his fist.
spector employed by the Electric Tramway Company of Hongkong, The Complainant:He kioked on the 10th instant near Causeway Bay.
me...
FRIEDRICH, WILHELMS HATEN, RA BAUL, BRISBANE & SYDNEY.
myTHE Steamship
Mr. IrvingDid you? Witness:No, I put up knee. I think..
Inspector McHardy:-The mark wound an inch and a half long. was not done by a fiat, it is a Mr. IrvingDo you eny this
kick?
Thore was a Crо88-Huminans against the inspector for abuse..
According to the evidence of the inspector, whose summons was taken first, he was on duty When?-January 4 last year.
on the 10th inst. in the vicinity of wore satisfied with their account,
Plaintiff said she gave him a
Bowrington Road about 3.20 p.m. regarding the old stock of the Wa
promissory note un ho lent horHe had been examining tickets and was done with the fist,stick or a In answer to the cross-oxamina-30 agreeing that interest should Cheung firm, for $7,750, then
tion of Mr. Potter, witness said he be paid.
was turning ears back to Whitty the defendants wore entitled 'to
Stret, in accordance with his in-left eye is nearly blind; I cannot Complainant:By a kick. My Have the verdict, as, if one part of thecould not escribe the fire as a
you received any money siructions. When the ear came sinall one.
months at the rate of $1.50 1ering he asked the passengers to would like you to have a look at towards interest?Yes; for four down in which defondant was rid-see so very well now.
Inspector Mc. Bardy- month.
alight as the car was not going on this wound, but I can hardly take to Causeway Bay. Defendant then usked for his faro back. Witness the bandage off. said he could not give it to him When the wound was stripped and he would have to go to the
the Magistrate examined it and office of the Company. Defend asked defendant if ho mount that ant then saidCome pay me fiat. "It is a eloon cut over the that wound was done with his chep chop, I want to go." Ho (Complainant) told him of ho eye and there are three stiches in wanted his ton cents he would," he added.
Witness:-I cannot say when fondant replied "Why should I or how it happened exactly; it have to write to tho oflice. De- write to the Manager for ton cents, might have been done in the fall. spond two conts on postigo, and
Inspector McBurdy said that waato time and paper."
claim were not sound, it ron- Why? Because of the damage Bound. If the jury found you foud done Because of that the plaintiffs had on the damage done to the first floor. guilty of mis-statoment with From what you saw, what was regard to any part of their claim, your opinion of the fire?It was thon the defendants would be not a clear fire. Thero appeared to be structural defects, because ontitled to thoir vordiet, and they would not have to bother them some of the timbers seemed to selves with questions as to what have broken down by weight. was, in fact, on the promises, and what was the value of the goods. If the claim was a false statement then the defendants were entitled to suceed.
The onus of proof, he claimed, had been, all through, with the plaintiffs to prove their allega fions, to prove that what they look over from the Wa Choung firm was correctly stated at $7,750. If the jury took the view that the amount of gouls takon over from the Wa Cheng did not exocod the $5,000 for which a fire insurance policy was out, the defendants would be entitled to the verdict.
"Worse than Useless."
Dealing with the ovidonoo adduced by the plaintiffs us to the purchases of stock, counsel con-. fended that it was worse than
Witness' attention was called to a drawer in the court, which came from one of the cuses.
Mr. Potter: What is in the box ?-Rattan shavings.
bottom of the box ?--Yes.
You see some burntwood at the
Mr. Len D'Almada :-This in the first acknowledgment I have hard from a money-lender of the receipt of interest.
His Lordship--Ol! they do that very often.
Mr. Loo D'Almada cross-cka- mined.
For how long have you stayed on the ground floor of the lefen dent's promises at No 1159
About six or seven months.
And you stayed thero rent free ? Yes, I lived thore rost free, should be burnt wool at the She promised to pay me some- Can you explain why there but I acted as a sort of watchman. bottom of the box and the rattah thing for being a shavings on the up should not be up to now, I have not received Watchman but
burnt?-can rint.,
the burnt wood or the rattan So somebody must have put in shavings, whichever you like? It may be.
+
anything.
the inspector had been in tho hospital, for twenty four hours.
* PRINZ SIGISMUND," Captain D. Lenz (rendy to bad on FRIDAY, AM) will leave for "the nbare plaas on SATURDAY, · the 15th jest, at Gr...
ASAHI
BEER SAPPURO
TRWINE DEALER
[21
For Freight or passage apply to
NORDDEUTSCHER LLOYD, Nute oar Prie #12.00 par asu con-
MELCHERS & CO.,
General Agents. *
Tongkong,
11th Jung, 1912.
lining 4 dɔwn quarts or 6 dosen [7 Hale,
WILY
DOES EVERY FIRST CLASS
CARAVANSARY
SELL
ISUAN
BECAUSE it is the
MOST DELICIOUS NATURAL MINERAL WATER IN THE WORLD.
THE CHINA COMMERCIAL COMPANY, 3, Duddoll Stroot.
Mr. Irving: I fine him $10 HIGH CLASS
Called for a Policeman. Ile (complainant)` took out pocket and asked defendant compensation. his note book · from his and order him to pay $10 as The cross sum-
have
To day's
Advertisements
to write his name and address in mons against the inspector is Other Ladies on the Premises. it. He would not and then rushed dismissed. that you stayed on the ground-hand three times, and took the During the six or seven months to the conductos, twested hin floor of the defendant's premises Witness, in reply to further did you see other ladies on the ten cents from him. He then walked quickly to Bowrington questions, said some of the drawers same promises, on the first floor? Canal Road. Ho called did in fact contain shavings when-Yes
for the
to police he examined them.
In fact the these other ladies defondant stopped but there was were staying with the defendant? not a policeman about. -No; the defendant was living caught defendant and asked him along with a European.
You cannot any whether she to go to the office. He said "Let "and then struck him with his stick and kicked him.
Mr. Irving: Where did he strike you 7-lle struck mo here (pointing to his left oyo)....... After policeman, and took him to the that, the manager came, and a
(Proceeding.)
usclesa. Witnesses from the ST. ANDREWS CHURCH, kept a boarding house or no?No.
King Loong and Po Hing firms The former pro- were called. duced no cash book but duly a ledger account book, while the latter had produced no books at all..
He would ask the jury to look
wrote the books.
J
KOWLOON.
The New Chaplain.
P
me go Did one of the ladies staying in the house ásk
you to lend her money?-No.
Never at any time ?—No.
And you say she wrote the body of the noto too ?-Yea.
You are quito sortain did
you
*
station.
He THE BAN LINE, LIMITED.
STEAMSHIP "MACIVER PROM PORTLAND, OR, AND
SEATTLE.
THE above steamer having strived,
THE
Tel. No. 1208.
[70
CIGARETTES.
FOLLOWING BRANDS OF CIGARETTES ARE RECOGNISED AS A STANDARD OF PURITY AND SUPERB FLAVOUR (FRESH CON- SIGNMENTS MONTHLY.)
33
Quo Vadis (Turkish Loaf)...
บ
consigues of cargo are hereby nolified Bills of Lading am to be sent did not touch him I swear I livery of their cargo to be taken from Ozette (Egyptian Blend)
Mr. Irving Do you swear you in at once for countersigastare and de-
did not touch him.
longside immediately. Cargo imped-
day did the defendant offer you signcos risk and expoaru,
Inspector Mellardy Yestoring dis.barge will be dinoharged into Kowloon Godown 】ighters at con- $10 to square the case?--Yes. No Fire Insurance whatever will be
Defendant Did I not say I efforted. would give you $10 for your sore
head P
We understand that the Rev. not lend the money to an Ameri- at that loigor account and he Norman Christophor Pope, M.A., can lady?—Yes. thought they would come to the of Liverpool, has been appointed Why did you wait so long before' conclusion that it looked as if to succeed the Rev, H. O. Spink euing She kept on making the account was written with as Chaplain to St. Andrew's promises to pay. flowing pon all at one time.
Church, Kowloon, The reverend Is it not a fact that you are su- Mr. Potter:My friend, did gentleman has had large oxing because the other lady has not put this to the witness.
perience of parochial work in gone away ?-I dont know the Mr. Pollock-No, because he England, and is personally known other lady. told us he was not the man who to the present Chaplain of St. Hanam Singh, another watch-
Mr. Irving do not think there is much in that.- Andrew's. He leaves England man, gave corroborative evidence. Mr. Potter-But he did toll for his new post, together with
Defendant:It was more from Kept A Mess. us that he received one payment. Mrs. Pope, about the middle of
The defendant, who gave her pity than any motive of closing the NORDDEUTSCHER LLOYD, of cash and that it was entered
BREMEN. August,
name B8 Anna D'Almeida, said ease that I offered him that. in the ledger.
Defendant's Story. The Rev. H. O. Spink is to she kept a mess.
Defendant said he entered the IMPERIAL GERMAN Mr. Leo D'Almada:-Some car in queation at Third Street to has been produced from the King that Sunday next will be his last time in January last year did you go to Causeway Bay. When he
leave here on the 18th inst., so
LINE. Loong
lady staying with Mr. Potter pointed out that the time on which he will occupy the have n
was asked to get out of the car, suggestion had not been put to pulpit of St. Andrew's. There the name of Mrs. Allen ?-Yes. before it had completed its FOR SHANGHAI, NAGASAKI,
Do you know whether she journey, he asked the in-
Mr. Pullock No cash book
you by
I
"}
Tins of 100 each $3.00
Tins of 50
$1,50
Tins of 100
11
$2.00
1
"
THE BANK LINE, LTD. Hongkong. 11th June, 1912.
[480
Princess (Burma Special)
Apostolou Jupiter (Gold Tipped)..... Special (Cork Tipped).. Winifred (Gold Tipped)
Tins of 50
Tine of 100
$1.10
K
81.20
Tins of 50
Tins of 60
$0.00
$0.75
Tins of 50
10.60
1}
(Plain Tipped)
Chief Whip (Virginia) Splende (Oriental Blend)
Tins of 50
Tins of .50
Tins of 50
80.50
$0.65
OBTAINABLE
FROM
KOBE AND YOKOHAMA..
HE Imperial German Mail Steam-
ship
Wine Merchants.
the witness in the box, and he 18, wo understand, to be a pre- borrowed money from this man?apootor for his faro. back. He
the departing had had no opportunity of bring-sentation to ing as witness the man who kept Chaplain on Saturday next, sub. Yes.
had given the conditotor a Did you see the money pass to dollar bill and received ninety PRIME EITEL FRIEDRICH GANDE, PRICE & CO., LTD., the books to answer the allega- soribed for by parishioners. tions. His friend was giving him As the Rev. N. O. Pope will not her? Yes.
conte change. He handed the no opportunity to meet the arrive here until September, it And did she then give him a conductor the ninety cents with Capt. Malebow, will are for the abovoplaces TO-MORROW, THURS. charges of fraud.
has been arranged that Mr. document ?-Yea.
his loft hand and with the DAY, the 18th Inst., at 4'ÂM. You have never borrowed right he held his arm. The con- For further partion'are, apply to Later when Mr. Pollock was Spink's work shall be temporarily
from the plaintiff duptor demurred and said he NORDDEUTSCHER LLOYD, still dealing with a witness's evid-carried on by means of help by money Never. noo, Mr. Potter again pointed out laymen and others, while the Rov.
would lose ton conta,The in
MELOHERS & CO., In answer to Mr. FXpector, then said No you write to Mr. Blanchett, of Canton, will that his friend had not cross-
D'Almada defendant said that the office "He (defendant) resent Hongkon render considerable assistance,
General Agente...
Telephone No 135,
12. Quson's Road Central, Hongkong.
12th Jans, 1919 -- --~^ [7] Hongkong, 10th June, 1912
Page 5Page 6