Klarinet Archive - Posting 000235.txt from 2000/11

From: David Glenn <notestaff@-----.de>
Subj: Re: [kl] Final Chapter, Stolen Bass Clarinet
Date: Sat, 4 Nov 2000 12:48:57 -0500

HatNYC62@-----.com wrote:

> Received this from "Jim" this morning,
>
> Dear Mr. Hattner,
>
> I will be fifty five years of age this coming spring. I never was, am not
> now, nor will I ever be, a thief. I do not deal in stolen merchandise. Nor
> do I buy items off the street, at flea markets or yard sales. I am licensed
> by the City of New York to possess rifles and shotguns and recently declined
> to renew my NYPD pistol permit, which I held, without incident, for twenty
> five years.
>
> I purchased an instrument at public auction, no more no less. In this
> instance, an
> auction held by the NYPD. I'm sure that somewhere in the property clerk
> division, a serial number has been recorded, the item marked as evidence and
> this should somehow tie into an arrest. You will find that my name is not on
> the arrest sheet.
>
> I have been retired for the past five years and I truly enjoy, finally,
> having the time to pursue several life long hobbies, one of which is buying
> and selling all kinds of items. I must confess that I simply love it.
>
> Kindly recall our phone conversation.......I gladly gave you the information
> you requested and in fact would have invited you over to look at the
> instrument, had you so desired. Sound like a thief or bad guy to you???
> Your emotions were running high at the time, mine weren't. You misconstrued
> my remark about the car and the instrument. Perhaps those in your circle
> might comment, while aghast and all aflutter "my god, call the police,
> someone is trying to sell me a stolen item". Where as, I stated that, "I
> would rather run the fucking thing over with my car, than deal with it".
> Both dramatic, in different ways of course, but both having the same meaning
> eg: if its hot or even suspicious, walk away.
>
> FYI... A stolen item, once recovered, is no longer deemed to be stolen. I
> could have walked into a police station with it and feared not.
>
> Insurance companies generally play by these rules.... which state that if an
> individual or company comes into legal possession of a stolen and recovered
> item, then, that person or company is not subject to laws of subrogation. In
> laymans terms...lets say that an insurance company representative came across
> an item in a warehouse, which had been reported stolen and for which a claim
> had been paid. In a case such as this, the insurance company would then be
> entitled to claim the item. Not the old owner, the insurance company. As I
> came by it legally, redress with me would be long and expensive and in this
> case, fruitless, as it is no longer in my possession.
> If the insurance company wishes to take the matter up with the NYPD, that is
> their business.
>
> Once you accepted the insurance settlement, you lost your interest in and to
> your old instrument. Incidentally, as you know, the full serial number has
> never been in print, so it may very well not be your old instrument after
> all. My eyes are not that great and I never did look at it with a magnifier.
>
>
> Posts by galoots about breaking into apartments to seize items from people
> who were behind in their payments or some such nonsense. I distinctly
> remember you saying something about your being non-violent.
>
> You called me a jerk in print, which is your right to do, but you're the guy
> whose stuff got ripped off, not me. I keep my valuables in a very safe
> lockup. And since I was in legal possession of what may have been your old
> ax, I have disposed of it, as was my lawful right to do. You sir, will never
> again see the piece in question.
>
> My youngest son, age sixteen, took a phone call from your father. I did not
> return that call because your father mentioned to my son that he was an
> attorney and that just plain pissed me off.
>
> Your campaign of letter writing, anonymous telephone messages, and
> villification of me on a public web site should be of interest to your father
> as well as to my lawyers.
>
> Had you just been cool, we probably could have worked it out. I know it
> pains you but you are no longer the legal owner of a particular instrument,
> which, by the by, was in super condition. You will just have to live with
> that.
>
> I have been judged, slandered, called names and my selling identity has been
> besmurched in a public forum. If I can, I will take legal action against
> anyone I can nail. Your circle of friends has put in print ways to screw me,
> etc. There doesn't seem to be any in the bunch able to cast the first stone.
>
> And finally, to the moral and ethical crowd, quite frankly, at this juncture,
> I pass gas on the lot of you.
>
> JIM
>

+++++++++++++++++++++++++++++++++++++++++++++++++++++

Before the whole story was known, (which is actually still not the case) there
was a lot said. Now it looks like the whole thing has ended as suddenly as it
started. But I do still wonder:

Jim must be knowledgeable in musical instruments. He called it an "ax" and
asserted it was in "super condition". A specialist. I wonder if he did really get
rid of it? Did Jim join the klarinet list? Will he sue David? Or us? Did Jim
destroy the instrument? Why is he so sure David will never see it again?

Maybe it is best to drop it now.....

David

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