(Adjourned)
Shanghai, Apr, 18, senting the value of a second-hand Hearing of a <laim for $2300, repre; Morris Cowley motor car. and US$100, theft insurance on the car, brought against Fraser Motors, Lid, by an Austrian, Dr, A. Peretz, was continued in H. M. Supreme Court before Assistant-Judge P. Grant Jones yester-Gay. Dr. Peretz alleges that the defendants had held his car for (we months, having found it in Hungjao Road on December 31, 1999, and had failed to notify him. "Meanwhile the plaintiff bought another car on_or about February 15 for $1,950. The plaintiff was represented by Dr. A. Grossman, while Mr. Ranald G. Me-Donald appeared for the defendants, Cross-examined by Mr, MeDonald, Mrs. G. 1. Gregg, who had been with the plaintiff when he had missed his car on December 20, last year, told the court that she paid a visit to Mr. SIN. Fraser about the middle of January. She admitted that Mr. Praser may not have known who she was at that tine, oF what her address was, but she knew him. The witness Said that she told Mr. Fraser that a doctor, whose car had been lost, want ed to.buy a car. Mrs. Gregg said that she felt it was her fault that the car hho been lost as she asked Dr. Peretz to take her for a ride. She went Took for the car on her own and was not acting on behalf of the doctor.
Mrs. Gregg said that she had told Mr. Fraser that the doder's car was insured and that Mr. Fraser told her to have the insurance company sign the insurance policy over, fo him for payment after a lapse of about six weeks, Mr. MeDonald said that his client said that no question of a motor policy was ever discussed Mrs. Gregg said that it was, The witness went to the garage again on February 17 where she found the lost car. On February 19 she went to Bubbling Well police station with Dr. Peretz to see Detective-Sergeant A. Till, and later they all went to Mr. Fraser's office. Mrs.
Gregg told the court that Mr. Fraser told her that he thought the car was her's and that he was waiting for her to call and give her address. "I said It was nonsense," said Mrs. Gress, "as the number was still on the ca T did not think they had stolen the ear"
Mr, MeDonald: Were you shown 1 Job sheet and did you not say, in sneering way, that it could easily have been faked?
Mrs. Gregg: I may have been a little angry. "I don't remember saying it was faked.
Mr. MeDonald: 1 put it to you that you got very excited and said it could faked.
Mrs. Gregg: I deny it.
Mr, MeDonald: Did Dr. Peretz try to cairn your Mrs, Gregg: He said, "Don't get excited." or words to that effect.
'Next witness to take the stand was 'Mrs, Vera Hutchinson, British owner of the London-Club at 200 Warren Road. She said that at about 5 pin. on December 30, Mrs. Gregg and' Dr. Peretz came to' her restaurant and told her that their car had broken down near the Municipal Gardens. Mrs. Hutchinson telephoned to Fraser} Motors and then handed the tel Phone to Mrs. Gregg. An hour later car had not arrived so. Mrs. Hutchinson telephoned again. phoned again myself," said the witness, "but I couldn't say, "Your Lordship, who answered it." Somebody said we have already sent but there is no car there.' I told Mrs. Gregg and she said nonsense, and. took the phone herself, out of my ies, mone, Beelot age (ge a Oh, zon that they were sending someone out.
Dr, Peretz. identified two letters which he said he had received from a Mr, Shoosle, One was a receipt for $950 for a second-hand Morris Cowley ar, 1939 model, licence number 8177, white the other was a receipt for $250 for general repairs to a Morris Cowley car and a spare tyre. Dr. Peretz said that he had told no one that he had paid $450 for the car, The plaints case concluded, the hearing was adjourned until 2' p.m. today.
Resumed Hearing Apr. 16 Mr, Donald Stuart Fraser, a direc~ for of Fraser Motors Ltd, told in HEM. Supreme Court after noon of how he had been accused by fan exiled lady. of falsifying a joo sheet in his garage and how a Rus sian employee of the firm had been called "a fool, a thief, and a liar" by the same person. Mr. Fraser gave this evidence during the hearing of a claim for $2,200, representing the one second hand car which, was alleged, was held by Fraser Motors Ltd. The claim was. brought ey Dr. Arthur Peretz, an Austrian doctor. surance. Mr. Ranald MeDonald apeared for defendants and Dr. Grossman for the plaintiff.
Opening his case, yesterday, Mr. MeDonald. referred to. Mr, Fraser's ignoring of a ietier written by Di. Grossmann to himself on February 16. The reason for this, Me, McDonald Hated was that he considered it an Outrageous try-on oF trap. At thi oint Judge P. Grant Jones remar) a that it was not necessary to reply io such loiters, especially was. in breach of promise actions, "I hope T shall never be confronted with that" said Me, MeDonald, "E trust nol," His Lordihip added,
that his client re Continuing, Mr. McDonald said fas intolerably insulting, with hardly veiled insinuations that people in the Getendant company, were mixed up with the theft of the ear, and were prepared to forge, documents to cover that deed. "Me. Fraser, as a ofthe world, should much importance to these thin His Lordship stated.
He regarded it as a blackmailing try-on of which he would hear nothing more it he ignored it," Mr. MeDonald continued. "There Feterence to stealing and how easy it-was to fake that job sheet," he Mouton Dealing with negligence, His Lordship pointed out that in of case a girl had drunk a bottle of inger beer and had swallowed a Mr, MeDonald—tt is gratifying to know that the snail. was a teetotaler, "Giving evidence, Mr. Fraser, a grey haired, middle-aged, man, stated that sometime ago he had broken his collar, bone playing football. His Lordship advised him always to try ud. keep young. "On December 30, Witness continued, Mrs, C. 1. Gregg called him on the' telephone and told him to. pick her up at the London Club and a car at Hungjeo Gardens, After sending out Russian named Behn, he waited in his office. Some time later, Mis, Hutchison rang up from the London Club and said that the car promised for Mrs. Gregg had for turned up. When Behn came Back he was sent out a second time. The next thing he knew was that on January 2 while walking through the shops, "airs. Grege's car" was, point fed out to him, Behn stating that he had brought" it" in the previous morning.
Behn added that he had norited the police, to whom the car had been Feported as stolen. Witness replied "That's good, Get cash from, this lady before delivering the car." added that he did not know Mrs, Grese's address nor anything about her. -On February 18 'Behn told him thai he had met Mrs. Gregg on the previous afternoon and had asked For' about her car, having recognized On the same day detective called about a Morris eat and witness went through the daily job "sheets "and found an entry on January 1 i the name of Gregg, On February 19 Det. Serat, A. Til plaintft and Ins. Gress called on witness who asked Mrs, Gregg about the car. She said this was. the stolen vehicle. Dr. Perelz then added, said. Mr. Fraser, that it he was careless in his profession, he would get sued.
'At that point Mrs. Gregg. asked witness if she could use his telephone speak to Mr. Hall of the police, who: was a friend of hers in order "to" get some action around. here." Mrs. Gregg then abused Behn' and called hima fool, a thief nda lia Said Mr, Fraser, and also accused him of falsifying the job sheet. Dr. Peretz, hho continued, put his arm on Mrs, pete th arn Witte his car had been kept by wit hein, On February 22 "he retelved 2 iter from Dr. Grosaminns Who hho put In the waste paper basket on
The hearing was adjourned.
'Judgment. Reserved 'Apr. 20, Hearing of the lost car claim for $2,205 brought against Fraser Motors, Eta, by Dr. A. Peretz was concluded before Assistant Judge P.'Grant Jones jin TEM Supreme Court yesterday afternoon, when' judgment was. reserved. The amoring of the claim included $1,680, representing the equi. valent of US$i00,. the insured value Of the lost car, and $525 which the @octor had spent on hire car fare uring the period In which" the doctor's ear had been In the custody fof the defendant, Me. Vladimir Bashinsky, Rusilan mechanic employed at Fraser Motors, fold, the court how he had found ar ju Hungiao Road, opposite the Municipal Gardens, on January had been on this way to attend to a car, which had "broken down McLeod Road when he was motioned to stop by the watchman of the ga dens. and two small boys, who were fanding near the car, in Hungjao Road, As he was ina hurry to, get to MeLeod Road he did not ' stop, Dut on the way back he drew up fat the gardens and asked what was the matter, Witness learned "from the watciman that the ear had been standing Hungjao Road for two days, since Saturday night, (December 20) and when it got dark the watchman wheeled the ear into the gardens, The two small boys had been told to look-see after the car by the two persons who left it there, The Chi-hose Atter, who was with the mechanic, said that the car might be the one they were looking for on Saturday night, when they' went to the vicinity In answer to Mrs. Grege's telephone call and found no eat, The mechanic examined the car and found the axle shaft broken, so he litted of a Service truck crane and he gave the watchman and the 100 see "boyé one dollar, in answer to demands for cumshaw, Arriving at the garage, the me-charlie said he went to the office and {telephoned to Bubbling 'Well police station, telling the sergeant on' duty there that Mrs, Gregg's car had been found." He told the sergeant the number of the car and asked that Mes, Gregg be informed as he had Rot got her address. "The witness then put the ear in the workshop and made out a job sheet for the ear.
On the next morning Mr. Fraser came to the workshop and Bashinsky told him how the ear-hnd been found. 'A. Chinese cleric asked Mr. Fraser for Mrs. Grega's initials and address and Mr. Fraser.said that he did not: know Mfrs. Gregg nor did he know her address, Witness said "that he had started work on. the, car, that day, that the work had been finished two! or three days later" and. that about two or three weeks later the ear was pushed out of the shop floor Into the back yard, Mrs. Gregg came to the garage on February 17, the witness said, and asked to see Mr. Fraser. The m Jchanic said that he recognized her fand after telling her that Mr. Fraser was not tu, he asked her if he could anything for her. Mrs. Gren replied that she wanted to buy a car fand_ the witness asked her what about her car which had been Lost in Hungjao Road, He then took her cut into the yard and showed her the car.
The mechanic said that Mrs. Grou came to the garage in a hire car and that he had, paid for the hire car at Mrs, "Grege's request and had not 19, Bashinsky said that to the ofice of the garage and that Detective-Sergeant Archibald Till, Mr, Fraser, "Mrs. Gregg and. the plainti were present, Witness said he told the whole story to Sgt, Till, At Mr. Fraser's request he brought in, the job sheet for the car.
"Mr, Fraser called me to the office several times," said Bashinsky, "and the third time T came in everybody was talking. Mrs. Gregg she was very excited, she told I'm a liar. Me. Fraser asked me it I knew whose car it was and T told him it was Mire. Greggs car, Then Mrs. Gregg said, why do you mention my name? and I replied that I didn't know any other name.
"She asked me if I heard the re~ port in the police station," continued the witness, "and T said no." She, said, "you are a fool then.' "I thanked her for the compliments and walked ut 'Mr. MeDonald, counsel for the defendant, asked the witness it Mrs. Gregg had passed any other complimentary remarks' and he pelled that she had called him a their as well, Mr, McDonald: By that time you had become quite pachydermatous, Cross-examined by Da. A. Grossman, counsel for the piainiltt, Me. Bashinsky, in reply to a question as to whether Mrs, Gregg had actually told him that the car was hers, said that he only had conversation' with Mrs. Gregg.
Witness said that Mrs. Gregg went into the charge room first and that he did not hear what she had said at the police station, This was December 30, when the ear was re-
Text read from the printed page and cleaned; old type leaves the occasional error.