£25,000 IN GOLD

Poverty Bay Herald, Volume LXIII, Issue 18992, 17 April 1936, Page 2

£25,000 IN GOLD

STRONG-ROOM MYSTERY . UNUSUAL COURT CASE SKA HUH ORDER WAXTKD LONDON, March 6. A proposal to break open a private i" a London wink, believed to contain about £2S,CCO in gold, was discussed in the Court of-Appeal yesterday. ..The keys, it was stated, had been lost. . . ; It was decided that an order should be inacfe on terms to be agreed by counsel later, to ascertain >vhat was actually m the strong-room The gold was stated to consist of seven liars weighing over 28350z5. in all. and j/'Ol American double-eagles, each worth £4. Lt is believed that this treasure lies in the Midland Bank in London. A private company called Fondation de Fttmile Elisabeth ei Hans Ludwig. Carl von Meister et Leila von Master, of (Iciieva'i are plaintiffs in. an, action against the .Midland F.atik. and Bertram! Coles Neidecker, Aubrey Coles Neideckev, and Sybil Neidecker, of New York. They claim in a declaration that they are the owners, and entitled to possession of th? gold. The matter came before the court, as an appeal against .he refusal of a Judge in Chambers to make an order enabling the plaintiffs to inspect the safes supposed to Contain the gold. Mr. Van der Berg, K'.C. (for the plaintiffs), said that the gold was deposited on their behalf in the safes by the Travellers' Bank, which had headquarters in Paris. The action arose out of the failure of that bank, which was nth, by the Xeideekers, who had gone to America. The Fondation de Famille was a fainilv concern formed to take over the assets and securities of the Von Meister family. From time to time remittances were sent to the Travellers' Bank, who turned them into gold bars and gold coins which, the Bank represented, they had deposited in the Midland Bank sales.

"OLD MOTHER HUBBARD" "But we want to be sure it is there," said Mr. Van den Berg. "If we have to proceed to trial with the action, it may involve considerable 'expense aim' we may ibid, like Old Mother Hubbard. that the cupboard is bare." The Midland Bank, he added, said that they had parted with essential keys of the stroug-room and safes to the renters, and there were no duplicates. It was clear that the Xeideekers had no intention of producing the. keys they got from the bank.

The bank said that ' there was no way of opening the .strong-room and safes short of forcing them or blowing them open. The answer of the plaintiffs was that the resources of civilisation were,not "exhausted, because one party had-gone to the United States and refused to produce the safe-keys. The plaintiffs', could not be kept out of their property for ever. ) MY. Van lien Berg added that, according to an affidavit by Mr. Francis Coyell, a member of the firm of Withers rind Company, solicitors to ,the plaintiffs, a suggestion was made to the bank that an ex-officer of Scotland Yard bad given the assurance, that he' could, "put his hand on a man who will.open, any safe." Mr. Covell also said : "I" am advised that any .skilful lock-picker could open. the' safes if he were granted .the'necessary facilities." . A . X -bg4* ■■■ ■ i The answer on behalf of the. bank was that the safe-makers said the strong-, room, in the absence of itsoWn keys,. could not be opened by violent means,, "and entry could not be effected by any, lock-picking process. ... Mr. Harold Murphy. K.C. (for the bank) contended' that the .judge's decision that the order asked for ought not to be made at this stage, was correct. - ;>■ ~..•.•• : The judge did not fail to realise that, at some stags, it might bo necessary in the interests'of justice that the safes should* bivcut open. But, having regard to the grate business objection to this course from- the bank's point of view. it was! premature now to make an order. :;Sir,"SEPARATE LOCKS It would involve the forcing of all four 'SftfeS inside the strong-room and the cutting Open of no fewer than six separate locks—the outer door, the inner door and 'four separate Safes. Lord Justice titoii (who heard the appeal with Mr. Justice Eve) : Is it not very unfortunate that a system should exist which, from a purely structural .point of viewi renders it very difficult for the Court to make an order— is obviously desirable—for the inspection of property such as this? 1 should have thought "that this .was the very stage at which- the order should be made. Mr. Murphy. We suggest that *>o sufficient sfeps have." neW taken io ascertain whether there is a reasonable probability that these gold bars and coins are there* at all. No interrogatory has been, administered to the Xeideekers to find out.

Mr. Melford. Stevenson, representing the N«ide<:kers. said that they were now in America. "I am not instructed to consent to the present application,' counsel added, "But I don't, feel that. I ought to oppose it. As trustee;-* of the gi>dd« we are in the hand's, of the Court." Mr.'Stevenson said that the key of the strong room had been lost in a. Paris flat. '

•"I am instructed that the gold is not now in the safe," he added. X-RAY SUGQEOTtON

Lord Justice. Scott said that the court thought an interim order ought to be made to rind out exactly what was in the safes. .They were averse to expensive litigation going on that might be absolutely useless, and they were disposed to make an older at an early dale.

But before doing so he would like the parties to "put their heads together"' to see how the preliminary point, now being argued could' have light thrown upon it. The matter could be adjourned for perhaps a fortnight while the question was being investigated. Mr. Stevenson: I don't know whether Jie possibility of taking an X-ray photograph of these safes has been, considered? That might determine whether there was metal in them. Mr. Murphy said be did not think tiny useful result would be obtained because the photograph would have lo be taken through the strong-room door, and between that and the doors of the safes there was a space containing a steel grille. One could not get a photograph of the safes without first breaking open the strong-room door. After further argument, Lord Justice Scott said that the Court did not think' Ihe '.position would be cleared up substantially by ordinary interrogatories to be administered to the Neideckers lit this- stage, and they proposed' to make an order. "We should be glad to have the assistance of counsel as to the terms of the order," he added. Mr. Murpbv: I take it that your lordships' intention is that what takes place, should be in the presence of an officer of the courts? Lord Justice Scott : Yes. and, I think,

in the presence of a representative "I the solicitors on each side. Mr. Stevenson : May 1 make the same request oh, behalf of the Neideckers? Lord Justice Scott: Yes, representatives of the three firms of solicitors and an ofllcer of the court. That would give complete protection to the bank. You will consider 'the details in regard to the order and mention the matter later, not necessarily to-day.