1939-02-01 — Page 4

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THE CHINA MAIL, FEBRUARY 1, 1939.

MR. POTTER TALKS OF QUASI-FORGERIES IN INSURANCE CLAIM CASE

THAT CERTAIN ALTERATIONS MADE IN THE WEIGHT AND PRICE BOOK, WHICH DEFENDANT FIRM MADE WITH THE OBJECT OF OBTAINING MORE MONEY THAN WAS DUE TO PLAINTIFF, WERE QUASI FORGERIES AND MIGHT HAVE POSSIBLY BEEN DONE BY "AN ENEMY IN OUR CAMP, A CRAZY FOOL," WERE SOME OF THE REMARKS MADE BY MR. ELDON POTTER, K.C., BEFORE THE CHIEF JUSTICE, SIK ATHOLL MacGREGOR, AT THE SUPREME COURT THIS MORNING, WHEN LEGAL PRO- CEEDINGS INSTITUTED BY CHEONG SHING HONG, MARINE-PRODUCE DEALERS, .OF. NO. 31, BONHAM STRAND WEST, AGAINST THE CHINA UNDERWRITERS, LIMITED, FOR $30,906.23, BEING THE RATEABLE PRO PORTION OF LOSS AND DAMAGE TO GOODS SUFFERED IN A FIRE WHICH OCCURRED IN PLAINTIFF · FIRM'S GODOWN ON JANUARY 7, 1938, WERE CONTINUED.

Messrs. Eldon, Potter K. C. and H.

C. MacNamara, instructed by Mr. E. Davidson, appear for plaintiff firm, while the Hon. Mr. Leo D'Almada, jun- ior, and Mr. D. J. N. Anderson, in- structed by Mr. O: E. C. Marton, are

for, defendants. 15 CTS.

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Continuing this morning, Mr. Potter, after dealing further in detail, with the mistakes in the books and the prices of the goods, stated that he had established that the corrections and alterations, if any, were genuine and that the prices of the goods which de- fendant contended to be the market rates, were wrong.

HOTEL ARTISTES FAILED TO REGISTER

of Three residents

the Hong Kong Hotel were summoned before Mr. R. A. D. Forrest at the Cen- tral Magistracy this morning and cautioned for failing to report their arrival in the Colony within 48 hours.

ONUS ON DEFENDANTS The onus, pointed out Counsel, was on defendant firm to prove the alle- gation that most of the goods claimed under the insurance policies were not in the godown when the fire occurred.

Mr. Potter added that the Weight They were Mr. Emmanuel Gran, and Price Book was handed over to de-a Russian subject, and Mr. Lovas fendant firm's assessors four days Novaschek, and his sister, Miss after the fire. It was sent back to

Cizella Novaschek, of Hungary, the plaintiff company's solicitors, Messrs, Hastings and Company on January 27, latter two artistes at the Hotel. 1938, 16 days later, and remained, vir-| Mr. F.. Zimmern appeared for tually, in their possession until the the first defendant and pleaded present daté.

Counsel continued that-sometime in guilty, saying that defendant had November last, they were informed by overlooked registering but had done Deacon's that six photographs of cer- so immediately he was informed. tain pages in the Weight and, Price Book were taken on January 24, 1938 and that the photographs showed that some of the accounts had been alter- ed after the photographs were taken.

L

that the other defendants were ar- Acting Sub-inspector Fowlie said

tistes at the Hong Kong Hotel and arrived in the Colony on January 19, by 8.8. Ranchi.

ENEMY IN THE CAMP

Lovas Novaschek, pleading guilty, Mr. Potter remarked that the books

said that he was under the im-. in the possession of were virtually Messrs. Hastings and Company all the pression that the Hotel manage- time and that all he could suggest was ment would attend to the registra- that there was "an enemy in our tion or at least tell them, as had camp," who did the alleged alterations.

The alleged alterations, pointed out been done in other places they had Mr. Potter, were entirely harmless. "I visited. He was not aware that cannot say that our case can be ad- registration was necessary or else vanced by these alterations," he said.

he would have done so immediately.

Counsel produced copies of the six photographs and pointed out that the figures in the photos were as plain as could be.

Counsel asked the Court to compare the photographs" with the original pages in the Weight and Price Book, and pointed out that in each case cer- tain characters and figures had been altered throughout, by the thickening of strokes and lines.

"CRAZY FOOLS"!

AMMUNITION FOUND

IN YAUMATI

Confiscation of 44 rounds of rifle

"In no human possible way could ammunition was ordered by Mr. those alterations advance our case, Q. A. A. Macfadyen jat Kowloon remarked Mr. Potter, and pointed out this morning.

that it could only be suggested that

they had been done by one of our fokis, Det. Sgt. C. Pope, who applied which is denied, who must have been for the confiscation, said the am- ļa "crazy fool.”

munition was found at 9 a.m. yes- Counsel continued that one of the terday on the shore of Yaumati photos showed alterations to characters and figures

case.

not connected with the seafront, near Battery Street, by

a Chinese constable.

For employing 42 women in fac

If they were forgeries, added Coun- sel, they are. quasi forgeries, for the] comparison between the original pages in the book and the photographs tory work at: 10.10 p.m. on January reveals that no material alterations 11, the manager of the Mak Ming had been made. It was merely a Kee Tooth Brush Company, of 55, touching up of certain characters and Ping Street, was this morning fin- figures by the thickening of certain strokes and lines,

ed $80 by Mr. Q. A. A. Macfadyen

If it had been done by a misguided at Kowloon person who did it for our benefit, he must have been's very misguided per- Pleading guilty to giving a re- [son," commented Mr. Potter.

Mr. Potter submitted that if there ceipt for the sum of $24.25 which wore any alterations, which defendant had not been duly stamped, a firm alleged were fraudulent, they named Wong Hing, of No. 26, Re- were genuine ones, and patently hon-cation Street, was fined $15 at est mistakes.

The case is continuing.

Kowloon this morning.