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[31-9

THE HONGKONG DAILY PRESS, TUESDAY, JUNE 8TB, 1915.

SWATOW HOTEL FIRE,

F. H. HYDE v. THE ROYAL INSURANCE CO., LTD.

VERDICT FOR DEFENDANTS.

The cosy was resumed before Sr Havil land de Saumarez, Judge of H, M.

Supreme Court for China, at Shanghai,

on the Sist ult

And you did not return-I did not return to Hongkong..

You say there was no other woman at any time Not that had any difference

* with my wife.

Swatow.

The claim was for $19,453 for loss and damage caused by a fire which broke out on. plaintiff's promises, the Bwatow Hotel on August 28th, 1814. The house and con-ber-Yes, for ma tents were covered by a fi insurance policy, dated December Sad, 1002.

Mr. H. P. Wilkinson and Mr. H. Browett appeared for, the plaintiff, the defendants being represented by Mr. R. N. Macleod.

Was

perfectly simple question as to whether it were not satisfactory, and promed spon the plaintiff's jewellery or Mrs, him a considerable number of matters of Sellerold's. If it was Mrs. Bellevold's, which he was suspicious in the hopes that then the plaintiff was not entitled to claim better counsel would prevail. Finally he for it and he must have known it. The appears to have invited him to swear to the defence was made on the statement of Mrs, truth of this document, and Hyde dia so Bellevold to Mr. O'Neill, The matter of He appears to hava thought, at all events the jewellery was somewhat difficult. He ho says now he thought, it was a formality, must say frankly that it seemed to him and that that would be an end of the they had not been able to put before his matter. I cannot say that I think that lordship enough evidence to find, afirms that was altogether so,

Ho appears to tively, that the jewellery was not the pre- have been very clever in taking these perty of Mr. Hyde. Taking the points points afterwards which make in his raised strictly in order, brought him to faveur, or at all events excuse his-atti- the point as to whether the jewellery was tudo: for instance, as all declarations et on the premises. The question that pre- that kind are made, it is sworn to the scuted itself to Mr. O'Neill was that if the jewellery was on the premises at the best of his information and belief. Now time of the fire, where wae it now? The Hyde says "This is to the best of my in- thing which created good deal of suspi- formation and belief, and I insist upon eion in his mind was Mrs. Sellevold's that.". However that may be I do not inability to describe the box in which tho know, but I can hardly believe that in jewellery was kept, and without holding fact these figures were, to the best of his Therein any way that Mrs. Sellevold was dis. knowledge and belief, just figures and honest in her statement in the witness such as he ought to have put in his claim. box, it was quite clear that her evidenceHowever, the result of this interview `is on that and many other points was that notwithstanding all these remon scarcely to be allowed any weight at all strances he sticks to his figure. Shortly as compared with the statements of Mr. afterwards he refuses an effer of 75 per · O'Neill. With regard to the turning over cent. of his claim, which he now says was of the debris, they had positive evidence on account of the jewellery, not boing that no steps of any kind were taken by included. It might have had some weight either Mrs. Sellevoldor the plaintiff about with him, but at the same time, whether the jewellery. If there had been any suspiit had or had not there is a donite refusal ion that the jewellery was amongst the to agree to the value of this property at things removed by the coolies, surely the 75 per cent. of what he claimed and, as plaintiff would have done something. H

reed that it might be difficult to and I have now come to the conclusion, was ovidences of rings and such like things, very much greater than it was actually but there was no trace of anything at worth. The result of that was that be sat all. It seemed to him that the evidenco down in this frame of mind and he reck- concerning the jewellery was exceedingly lessly made this list not caring whether unsatisfactory. If the burden had been it was accurate or whether it gave a true on the other side-of-proving that the value of the supposed contents of the jowellery was there, he thought they hotel. Later on ho might have put tilat -- would have had considerable difficulty in right; if it had been a fit of temper and doing so.

no more, as it perhaps was at the begin-

Who was the woman livag with you in the Astor House Hotel, Swntow, in September, 10147-My friend; wo travel-1 led together from Shanghai, and for appearances I entered her na dira. Hyde,

And who had not been living with you in Hongkong before I need to see that Jady in Hongkong. My wife was in This friend of yours wrote the letters which you sent to Mr. O'Neill-She copied them; she assisted me.

The original drafts were written by Mrs. Sellevold was there also

at my request, and 'In the afternoon, Mr. Wilkinson summed up the case on behalf of the plaintiff. attention to the contract itself.

He directed his lordship's was no exception tuken to property held in trust. The policy was issued many years ago by the same company, and tho building was then valued at $15,000 There was no question then of the property being overvalued, because Mr. Hyde had paid his premium on the amounts. With regard to the question of the jewellery, Counsel said that it would be the last thing a woman would do who had a differ- once with her husband, to go away and leave her jewellery in Swatow with some body also subject to the interest of the In answer to Mr. Macleod, in cross very man she was getting away from. It examination, Mr. Hyde stated that he did was very unlikely that Mra Eydo left not know whether his position, at the time her jewellery in Swatow, and that Mrs, of the fire, was belter or worse than his Sellevold should also leave it behind when position as disclosed by the statement of she went down to Hongkong. But that was claim. After the fire he resigned from what Mr. O'Neill said was told to him. the Ritz-Cafe, but he did not know that Le was quito consistent with what they the enfé was in difficulty sé all, neither knew of the circumstances of the fire that did he consider his Tls 4,000 lost, The the box containing the jewellery right first thing he heard about any difficulties have been taken away. After dealing with

The plaintiff, in answer to questions by Mr. Browett, said at the time of the fire he was not in a slate of bankruptcy. He owned the Swatow Hotel, and had moneys due to him amounting to $10,000. He resigned his position with the Ritz Cafe in October, and he made them a present of the Tls. 1,000 which he had put into the business. The reason he resigned was because he was not satisfied with the man ner in which the café was run

was made bankrupt in December He

LEAVING FOR HOME connection with the Ritz Café was when the law on the question of proof, Mr. The second point of fraud was that uing, then he could; and ought to have

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NOTICE

NY EUROPEAN desiring to leave the

the Receiver was put in, and be had Wilkinson said Mr. Hyde was not com-goods were claimed for which were not corrected himself rater on. He did not already resigned at that tima.

Mr. Macleod--I think you told Mr.pelled to give a detailed claim, according on the premises at the time of the fire. He do so. The only reduction he proposed to to the policy. He was persuaded us was not concerned with the cause of the make was the sum of $310, a very small Mr. Macleod admitted in his opening-fire, and it was not for him to deal with amount, in respect of certain artiges

O'Neill that you never bud any claim against a fire insurance company I told him I had never made out a claim before.

Is that true?--Yes, I have never made

out a claim.

make such a claim by Mr. O'Neill, and if that part of the case, but he had to which he found were not in the hotel, sud

submit to his lordship that there was another possible explanation of goods, which should have been on the premises before the fire, not being found. The defence was not one of arson, but if cer tain of the evidence pointed to that con- to pile it on would be the very first i.emclusion it was not his fault. It was the in the claim. The plaintiff, be contended, business of the defendant company to put should not have been asked to make the before his lordship what was found, and detailed claims at all. The insurance com-to argue from that what was in the hotel pany were wrong in placing Mr. Hyde before the fire, With regard to the com in the position they did.

plaint of the plaintiff, that no assistance was rendered by Mr. ONeill, counsel said he gave all the assistance be possibly could. Mr. O'Neill' did not know what wad in the hotel and he could not make but the claim. He told Mr. Hyde exactly what the company required, and offered to give all the possible help he could. Mr. Hyde's attitude then, as it had been in

His lordship-I do not propose to find what he ought to have done. It is only reasonable that the Insurance company should know what they are paying for, but I do not think it matters It is a ques tion of whether it is Irandulent.

there was any fault it was their's more than Bir Hyde's. The first item in the claim was that for the bar, $600, and on You had a fire on a motor boat, I think, that he submitted that if the plaintiff in Hongkong 7-Yes,

desired to defraud the insurance com- And you made a claim against the Company, the last place where he would try mercial Insuranes Co.-Yes, but the claim was made out by Mr. Master, of Johnson, Stokes & Master. I never saw the claim.

You did not mention that to Mr. O'Neill I don't think 1-followed the question, and Mr. O'Neill never asked me, The witness further stated that he did not expect trouble of any kind in counce tion with his claim. He was only trying to get what he thought be was entitled to under the policy. The company had been taking his premiums all the time. The

With regard to the question of bank witness said he complained that the com pany did not give him assistance in pre ruptcy, Mr. Wilkinson said there was a question of the plaintiff being a. bankrupt paring bis claim. He did not expect are at the time of this fire. He became ban the box, was one of certainty rather than O'Neill to occupy his time and to interrupt after he was a partner in the Ritz rupt him when he was deing his best.

In answer to further questions, the Café, with many others. He was the one man with money and that was the witness said he would have accepted a

reason he was made bankrupt. On the they reduction from the Insurance Co..if

matter of morals, counsel said he would had not altogether excluded the jewellery submit to his lordship, sitting as a jury, He never gave cause for Mrs. Sellevold that the plaintiff was a bluff, honest per to have any

Guy suspicion that he desired to con The matter was unpleasant, but he the proper told the truth about it. Mr. Macleod-But you did, on

The case was again adjourned. occasions, express a desire to be paid in Shanghai-Yes, and I told Mr. O'Neill the reason. I said that if the policy was settled in the office in Shaughan, I might as well be paid here in order to save exchange in sending the money t Swatow.

You did not hear of these visits by Mrs. Sellevold to the Norwegian and British Consulates, and to Mr. O'Neill until

A Colony should apply in writing for por, mission to do so to the PROVOST MARSHAL Head Quarters Offles, at least 48 hours before the intended hour of departure, giving name, nationality, age, sex, height, complexion and occupation of the applicant, and stating the name of the steamer or other vessel or the hour of the train by which the applicant wishes to afterwards-No. leare. Applicants should apply in person, fur-Will you explain why your step thele passes to the PROTOST MARSHAL st Head daughter should go and see all thes Quarters Office between the hours of 9 AM. people on the subject of her mother's will Father, than show you That I cannot te 1 P.M. and 2P.M. to 4 rar, daily. Hongkong 20th January, 1915,

explain.

She went to see the Norwegian Consul on the 13th, and why did you go the rest day and demand why she had feen there

On the Sunday my step-daughter spoke mo about her Consul wishing to see her I received a chit from her that he had when I called in to see my daughter I was sent her a letter, and the next morning, told that she had gone round to her or

I went there, and I was told she sul had gone to the British Consulate. went to the Norwegian Consulats ar complained to him about bothering her a Sunday.

G.

NOTIOR.

[207

B

in

A MARSHALLOT Fse and requested

LL Persons applying to the PROVOST futare to apply between the hours of M. to

{DE

1 P.M. and 2 to 4 F.2. daily..

Hongkong, 16th February, 1815.

DRINK

ALLSOPP'S

BRITISH PILSENER

BEER.

SOLE AGENTS ::

CALDBECK,

MACGREGOR&C.

SHANGHAI, June 1st.

was a serious matter to him.

card

A

which, indeed, could be produced else where, and down to the time of the writ that was absolutely the only reduction ever sought to make the claim whichi he put forward

In these circumstanyes, I cannot find - that his original claim was made in this form owing to the temper in which he was conducting the negotiations, but that he must be held to have meant what is the natural result of sending in a claim of this kind, viz., that the company should pay him a sum of money to which he knew he was not entitled. In these circumstances, my verdict must be for the defendants, and as regards the judgment. the figures require consideration. claim, I think, includes some other

matters besides this.

The

Mr. Macleod-In that case, my lord.

Mr. Wilkinson pointed out that with regard to the question of the building. this had been arbitrated upon and settler

In conclusion, Mr. Macleod submitted the plaintiff is not entitled to anything that the claim was made deliberately. He on the policy. It has been held frequent thought his lordship could not escape that if a fraudulent claim is made on from the conclusion that the plaintiff one portion it affects the whole claim having in the first place, made a claim for practically the full amount for which he was insured, when he sat down to work and his details be did so to wake them come up to his first claim. He succeeded in doing that, but absolutely refused to alter them. It might be natural, it might be only human, but it was not honest.

His lordship said he would give his decision the next morning.

JUDGMENT.

His lordship said that Mr. Macleod could apply for judgment on a future certion, and indicated that the company might possibly consider the guesting of an arrangement as to the property claim.

INVENTIONS FOR THE TRENCHES.

The outbreak of war, states the

The revival of ancient methods

fare is shown in applications forwar muchasgical means of throwing bombs, and other projectiles, and body armour, other inventions include bullet-proof shields, periscopes for trench work, slap- ing bags, and combination knives, forks, and spoons. The disaster to the sub marino dr directed attention to las prob lem of locating wrecked submarines and signalling to and from their occupents. invention had been very active during the In the field of aeronautics, in which

Mr. Mackend, addressing his forthin on behalf of the defendant company, first of all dealt with the law on the case, and said that the question of exaggeration was one fur the jury—as to whether the excg-

SHANGHAI, June 2nd. geration was such, or made in such cir cumstances, that it was impossible to His jordship Sir Havilland de Saus believe that it was honest He had to submit on the facts that the case of the marez delivered a very lengthy judgment ptroller-General of Patentat e bine Conne He reviewed at consider Trade Marks, in a report published defendant company had been proved. He in the case. referred his lordship's attention to pura-able length the evidence given in the recently, naturally provided a stimulus to graph of the policy, wherein it was case, and came to the conclusion that, the naval subjects, particularly aerial war- invention, connected with military and stated that the policy did not cover china, valuation of the property had been very fare and submarino mining, Bones and glassware, clocks, watches, ete unless grossly exaggerated. His lordship went their projection from aircraft have claim specially mentioned in the policy. He on to say-But there is in addit.un heed considerable attention from inventors. fully appreciated, he said, the seriousness absence from the debris of a considerable as also have means for delecting sub- of the defence to the plaintiff, Mr. Hyde, amount of the articies claimed for, the ve marines and torpedoes and for protecting and he did not wish in any way to put mains of which one might have expected ships from them his clients case stronger than he need to to Mr. Hyde, putting the very best pos went very carefully over the debris and do, or stronger than would be quite fair to find. Now, Mr. O'Neill says that he sible light on his behaviour, because it he is convinced that it could not have been On the tampered with. On the other hand, there other hand, there was a certain duty on is a lapse of time which took place be insurance companies to see that proper tween the fire and the time when he did inquiry was made. Where a defence of in fact go over this stuff. Considering fraud was raised, it was inevitable that the fact that the Chinese coolis is prob You were rather upset, weren't you? strong things should be said, and it was ably a past master in the act of pilfering I was upset about these people bothering not possible to avoid saying things which I am inclined to think that more was the woman, because she was sick.

were somewhat severe, and he could only takon than perhaps Mr. O'Neill was Did it occur to you at all that she might hope that his lordship would find that aware of, and if it had remained simply be bothering them?--I knew that he led the company was justified in putting for- | for me to act upon the evidenco of what sent for her. Neither the Nurw ginnward the particular charges against the was in the débris I should not have fett Consul, the British Consul, or Mrs. plaintiff.

justified in Buding a verdict for the de Selleveld, he continuerf. told him alon His lordship-I may say at me, fendants. But when we have all these the late Mrs. Hyde's will. Mrs. A-level this period, assuming for the purposes things, one after another, unaccounted for told him eventually when they were on the of these remarks that I find for the pla-large number of bottes, crockery, he steamer leaving Swalow,

tiff that I think he has brought this inquiry upon himself by his conduct, and pidors, a certain amount of cutlery and so your clients are quite justified in having on-1 cannot believe that all that would the matter threshed out, in Court. I have been cleared cut so thoroughly as ap know it is a very important thing for an pears to have been the case, if they had insurance company, and I think it is the been there in the quantity, that Hyde duty of the Court to say that they are alleges - perfectly right, whichever way the judged, I can return to the attitude in Now I think that those matters con mant gove.

Mr. Macleod said he was sure that his which Hyde approached the making of clients would very

much; appre- this inventory He is a man, as he said cate his lordship's rehark as himself, without much eduction.

fx has passed a considerable amount of his TFDA

unpleasrat thing EA an insuranos company to bring a case time at sea. Fod as I am of that class Wilh gard to what Captai Evans into Court He was endeav-urig heel man, I think they are very often some told her I think you said your wife said, beforehand to satisfy his lordship what anda susp cious of mere lands. that in any attack on Mr. Hyde, is heen. He was also angry he hid lost all must do, he did not lose sight of the fact his possessions, and he thought that the serious consequences for him. In the fir well, and he was worried by being set that it was serious, and that it might have agent of the company had not treated him place, the defendants raised condition 6 of the policy with regard to the fact that down with a pen in his hand and having the plaintiff did not, ia Swatow, ford to write a complete list of the furgitare the conipany that information which he in 'e house,

Mr. Macleod Did you not, in fael, have a difference with your wifo--No.-

Sho had some money invested in the hotel? The money was put in my Lane when we were married,

So some of her money had gone to buy the hotel-Naturally.

Do you say she never tried before t get some arrangement to protect her Interests --No.

But in spring of 1914 she suddenly

the got anxing Through what Captain it Evere told

aceted you of sendite mare raoney thr you ought to 1-She did not accuse tre it was Captain Evads whe toll ber this,

And ron used the expression that she said something about your "big on the loose "That was the opinion she gave

1

mo

You were, were you act?-No, sir. I was not

There was no other woman!--No.

a few years, a marked falling off is observed, to patents and trade-marks owned by Reporting on the action taken in regard

says that in the majority of applications alien enemies-the-Comptroller General made under the Act passed soon after the war broke out, liecuees to manufacture under these patents have boon granted to proper applicante on the condition of

the Board of Trade orders other

The ultimate destination of the royalty will, to doubt, be carefully con wise,

sidered by the Board of Trade us the end of the war, when all the circumstances, including the treatment of British indus- trial property in alien oceny countries, will be taken into account.

Sa tanti royalty to the Public TruSTARI -

He

The policy has not been to destroy or conficate the patent rights, or rights arising from the registration of designs or trade marks, owned by alien enemies, us by giving to the manufacturer ur but to foster the sale and manufacture of merchant an effective security against any legal proceedings for infringement hero- altr

The result was that he be- The great activity noted during the last should have done. The most importani me diggy" about it, and I think his fow. years in the motor-vehicle industry effect of that part of the defonce was that attitude was that having to make a. appears to have passed its monith, this constituted considerable evidence of claim he wou'd make it, if the com- nurab. r ef applications in co medion with fraud. His lordship would it to pany wanted an inventory, they could motor-vehicles ard inter al combustion number of refusals that Mr. O'Neill have an inventory, and they should have engines, although still great, showing received from Mr. Hyde to give a detailer sort of inventory that he was going to notable falling of az compared with the It was give and that that inventory wis going previous year's total, A great amount of claim or anything in that line,

to represent a very sub tantis sum prae inventive ingenuity has been applied to strong evidence on the question of honest is making the claim.

insured. Now if that had been all, then the carriage doors of a train from the The main defence, co ti und Mr.gain I think my verdict wou'd have had guard's van. Macleod, was on condition 7 of the policy, to be for the plaintiff. Ert it was not

But your wife had insisted on having WINE & SPIRIT MERCHANTS. the paper-I agreed to give it to her.

And he made her will in Bellevold's favour, and you knew rol abont it? You left Hongkong in March while your wife wes still ill -Yes, my wife was in hosnital. I called to see he every day, and I was told by the ruthari-or dishonesty on the part of the plaintiff tically, in fact, the um far, which he was the problem of simultaneously locking all

15, Queen's Road Chezeal,

FRENCH

(18

LESSONS

G. MOUSSION, -18, MORRISON HILLTMZOAN.

(609

ties that my wife might last a rack, or a month or agent I had cabled my money to Shanghai with the Ritz Café. and I walked the doctor if it was any use

my remaining. He said no, she might

live for twelve months.

viz., the question of fraud. On that ail. There comes that very important defence of fraud, the particulars raised

the allegation that the jewellery, described interview of the 12th, when the company's The British Admiralty early in May Your wife did., in fact, die very soon us that of the late Mrs. Hydo, was not the agent, thinking that the claim was 8x permitted rosumption of trade between property of the plaintiff. It was not a aggerated, asked him for explanations of England and Holand, but no passenger

a considerable number of items which traffic.

after you left? She died & month after.

question of law, but was intended to be a