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CLAIM AGAINST A BANK.
A STARTLING TURN. LOVAL. BARRISTER AS FORGERY
EXPERT,
3
THE HONGKONG DAILY PRESS, WEDNESDAY, JANUÁRY 30TH, 1924.
Mr. Dovey, continuing, said that the dissimilarities first led him to think the signatures were forgeries, but later be came to the conclusion that the altora. tions were done intentionally in order to make the writing appear dissimilar: Before the Chie! Justice and a Special There were two other points why he first Jury at the Supreme Court yesterday thought the signatures were forgeries, one the hearing was continued of the civil being that the capital, "S" on one sus- action in which a firm of Chinese mer pected cheque was not linked up with chants, Messrs. Tai Wo and Co., 1. East- its following letter. Why he was satis ern Street, are suing the Bank of Easted that all the signatures were by Lau Se Yuen, was because the plaintiff wrate Asin for the sum of $72.000.
in a continuous line without raising his Mr. F. C. Jenkins is unfearing for pen and for man to forge such ณ signature was exceedingly hard. It plaintiffs, and Messrs. Eldon Potter, K.,
mount that he had to go right to the and Campbell Prosser represent delen- finish once he had begun, and in the minor characteristics the writings were similar. A forger was always likely to study the prominent characteristics and not the minor ores, and it was not post sible for a forger to write a name with out raising his pen once from the paper and retain in that Bignature the minor characteristics. He was of opinion that the suspected signatures were genuine.
In regard to the examination of the chops, witness said he detected no differ once between the genuine and suspected with the naked eye, but did so when en- larged photographs of the chopa were prepared. He then came to the conclu sion that the impressions on the four suspected documents were not from the chop as the impression on the original document.
dants
Plaintiff's glain is based upon the alleged wrongful payment of two cheques totalling the amount in question. They maintain that the signature Lan Se Yuen" (partner in the plaintiff firm), which "was
on both cheques, had beer forged.
Defendants, in turn, allege fraudulent lateas on the part of the Tai Wo firm in attempting to secure the sum of $72,000, the same having already been paid out by the Bank, The two cheques were drawn in favour of the Yangtse Trading Company, which, according to Lounsel for defendants, does not now exist.
COUNSEL'S DISCLOSURE.
...
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ST. JOHN'S CATHEDRAL. ANNUAL MEETING OF CHURCH BODY.
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COMPANY MEETING.
CHINA PROVIDENT LOAN AND MORTGAGE COMPANY.
The Bishop of Victorin (the Rt. Rev. An extraordinary general meeting of C. R. Duppuy, D.D.) presided at the the China Provident Loan and Mortgage annual meeting of statholders and sub- Company, Ltd., was held at the offices scribers of St. John's Cathedral, held in | of Messrs. Shawan, Tomes and Company the Cathedral Half last evening. He was yesterday morning for the purpose of supported by the members of the out- receiving a report of the proceedings of
previous extraordinary general meet going Church Body, the Rev. II. Copley Moyle, MA. (Chaplain), Rev. Ting held on January 14th and of con- Powell, M.A. (Assistant Chaplain). Eriming. if thought &t. à uumber of specint Messrs. A. Dyer Ball, A. H Compton, resolutioas passed at that meeting for George Hogg, H. B. L. Dowbiggin, J. the purpose of altering the Articles of Witchell, the Hon. Mr. H. E. Pollock, Association and for increasing the capital Mr. F. Mason, A.R.C.O., LT.C.L. (the of the Company from 82,000,000 £0 new organist), and a large gathering 86,000,000 by the creation of 400,000 aditi- including. Sir Wm. Rees-Davies (Chief tional shares of the nominal value of $10
ench Justice), Sir Claud Severa (Colonial
Mr. R. G. Shewan presided over the Secretary) and others.
The Bishop, in opening the meeting, meeting and there were also present: Mr. EL real JP. Warren, Mr. H. P. White and Mr. said he thought it would be strength if each year a social gathering Lee By San (Consulting Committee). of this sort could be held before the annual meeting. He asked those present M. E. M. da Rocha (Secretary), and the following shareholders :-Messrs. H. E. to make a special note of two dates: Monday, March 10th. when the Church | Tayler, A. A. Cordeiro, M. A. Figueireda, of England Diocesan Conference began. Tse Taan Tai, Tong Hot Ting, and Law In the afternoon of tat day there would Shiu Chun.
After the minutes of the previous ex- be an open session, whee Bishop Molony would speak, and he hoped as many as traordinary general meeting had been possible would attend. March 14th was read out in full by the Secretary, the Cross-examined, Mr. Dovey said he first the date of the Victoria Diocesan Asso- CEAIRMAN said: I.now propose that these In the afternoon the case took a suspected the documents about three ciation Reception at the City Hall to minutes be confirmed and that the resolu
weeks ago.
Witness agreed that super-meet Bishop Gravas of Shanghai and tions just read and then passed as extra- startling turn. Mry. Dovey, after being imposition was one way of discovering Bishop Norris of Peking The General ordinary resolutions be now confirmed as cross-examined by Mr. Jeakin, was whether one signature was a forgery of Synod was to hold ita triennial meeting Special Resolutions.
this year in Cauton from March 16th to constrained to withdraw A material another.
Superimposition, explained Mr. Jonkin, 23. There would be fifteen or so Bishops cf his evidence directed at consisted of tracing both signatures-the attending the Synod, and as it was the proving that the signatures on all the documents-genuine and suspected-were the handiwork of one man, the plaintiff Lau Se Yuen. Counsel undertook the role of handwriting expert. He appar ently proved to the satisfaction of at least Ma Dovey that the signature on the application form for a cheque book had been traced. He presented the Chief Justice with forged specimen of his Loriship's signature. He then showed the Court how it was done. By the time the Court rose for the day, Mr. Dovey was still in the witness-box, and everyone was taking lessons in the twin arts of forgery and its detection at the hands of Mr. Jenkin
EXPERT EVIDENCE. Cross-examination of the chit coolie who took the new cheque book to the plaint firm opened the proceedings yesterday. Mr. Jenkin, after questioning the witness regarding, his procedure on the day in question, put it to him that, ta that day, he did not take a new cheque book to the firm. Witness said he did.
amount
Li Chi Fong, manager of the Bank of East Asia, produced a book giving the movements of the coolies who delivered cheque books, etc. This second book was kept by the head coolic. Witness pointed to an catry showing that a new cheque book, was taken by the coolie to the Tai Wo firm on 19th October. The coolic
was marked out at 3.12 p.m., and marked
in at 4.50 p.1.
genuine and the suspected and placing one "over the other. If the tracings forgers. It had been established that a tallied, the suspected signature was a person never wrote his signature twice in exactly the same manner.
uperinposition test with the documents Witness said he had never adopted the in the case.
he (the Bishop) was jealous that it should first time they were meeting in the South, be a great success.
Is the name of the Church Body, hẹ just joined their ranks. These were Mr. welcomed three new workers who had
Powell, the assistant Chaplain, and the Mason, the organist, the Rev. T. B Rev. Peel. The Bishop went on to speak of the great work these three had come to do, particularly the first named, who would have to fulfill a responsible and important position of organist. He asked for backing for all these men in their work.
Mr. Jenkin then asserted, that within 15 minutes of the alleged forged cheques coming into his possession he discovered, by the aid of a special magnifying glass and an electric light, that the signature in one instance had been traced from that So Yuen," on an original cheque. The name "Laa The Rev. Copley Moyle (Chaplain) in continned Counsel, with the presenting bis report, said the work in exception of the bottom loop of the "L" the Sunday School at the Peak was re- opened, in January and the scholars The had been most carefully stencilled,
the attended throughout the summer. Dover. having examined cheque, admitted that a point bad beca Cathedral Sunday School was held in the passed over the whole signature; there Church Hall, but was glosed during the summer. The C.E.MLS had shown re- was a groove over the writing.
newed vigour and on one occasion the Rev. Kirk Macounchie and members of nis congregation attended, and an in- terceting discussion took place on the subject of Reunion.
Mr.
In reply to a Juror witness said he did not think that groove bad been done by the pen with which the signature has been written.
Witness said, in reply to Counsel, that it now looked as if the signature on the cheque had been traced.
AN INTERLUDE." --
At this stage Mr. Jenkin handed the Chief Justice a bundle of papers bearing his Lordship's signature.
"Does your Lordship recogaise that signature" he asked.
I do," replied the Chief Justice. "Well-I did that!" blandly observed Counsel (Laughter.)
His Lordship: "Did you?
We shall,
begin to suspect you of forging the docu-
ments." (Laughter.) 41
Br. Jenkin: "It is my first effort in forgery, and I am glad your Lordship
staff of the Cathedral and Mr. C. EL There had been many changes in the Dedson had been appointed verger. They hoped to retain his services for many years. After 18 years' service Mr. Den man Fuller relinquished his post 13 or
anist it April, and the Church today
bas decided to commemorate his services by erecting a brass plate in the Cathe dral. He had left for England, and they wished him a prosperous voyage and that his health would be restored." Mr. Tem-
Mr. Jeakin interposed to the effect that "I did not dispute the statement that
the coolie, left the Bank. What Counsel thinks well of it. I intend having a shot cess. Mr. J. T. Holrana ceased to act as
maintained was that the coolie did not go to the plaintiff rm.
Witness in the course of his examina- tion" said cheque hooks of the old type were printed locally. The new type of books had been printed in England by Messrs. Watertow. Every one of the new cheque books still at the Bank contained An Application form.
Witness then described wint happen cd when anyone opened an account. There was a necessity for a new cus tomer to sign an application form in order to obtain a cheque book. One was sued to him, and he signed a receipt for it. Witness recognized the receipt signed by Lau Se Yuen when this cus tomer opened his account All unissued cheque booka were kept under lock and key. Only the cashier and sub-manager "had a key.
Cross-examined, witness said the new cheque books were kept in a vault and brought upju srball quantities to be stamped at the Post Office. The books were then kept in the cashier's safe, of which only the cashier and assistant cashier had keys. When new customer opened an account the cashier, personally handed the cheque book to him. Most aushunts were opened at the Bank with a chop and a signature: Witness attach
at Mr. Potter's signature on a cheque for $80.000 (Laughter.)
Mr. Potter: "It wouldn't be of any use to you" (Laughter.)
Mr. Jenkin then explained how it was
possible to trace a signature with the aid of a little graphite."
ple, Bevan, who temporarily took Mr. Fuller's place, threw his accustomed energy into the work. Mr. Mason had now arrived, and they wished him every suc- assistant Chaplain in the beginning of stay, and they were grateful for the thres years he spent amongst them. Since the Military parade services had been dis- continued, the troops had attended the morning service, and they were fortunate in having the services of the Rev. R. J. Mr. Dovey, again under cross-examina-Northcote the Artay Chaplain as a con tion, agreed with what the expert crimin-stapt preacher.
He desired to thank all clergy for their ologist Enns Gross said in his "Criminal help in the Cathedral services, and all Investigation," viz: "Close comparative those, too numerous to mention, indivi measurements will demonstrate that a dually, who had given of their time and. suspected signature has been traced from their labour for the work of the Church. a genuine.one."
The Hon. Secretary of the Cathedral, Mr. A. Dyer Ball, had had an causual amount of work, and to him, and to Mr. C. Hogg, the Treasurer, they were all most grateful.
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EVIDENCE WITHDRAWN. Counsel then instructed witness to make some comparative measurements from the writing on a genuine cheque and that on the application form. The measurements more or less tallied. Witncas, pressed by Counsel, said that in face of what he had seen, there was not much doubt that the signature on the application form was a forgery.
4
"
Counsel: Then, Mr. Dovey, you must withdraw that part of your evidenco which was directed at establishing that the signatures were the same.
Witness: Yes.
Counsel: In view of that, do you still hold the confirmed opinion that all the
e as much importance to one as to the rest of the writing has been written by other as an authority to pay out money. Lau Se Tuan himself,
A new cheque book would only be band-Witness: Hardly,
ed to a client personally." A fok could Counsel then put to witness questions
Mr. George Hogg (Hoa Treasurer), in presenting the Cathedral accounts for the year, said there was little room for con- gratulation. Not only had the debit Balance increased by 85,600, but there was an excess expenditure over 1993 of $7,500. This was accounted for, approx. imately, by 82,200 under the beading of "salaries and allowances." The cost of upkeep of the Cathedral had increased by 3800, and there was a new item in connection with the Chaplain's house, totalling 83,600. There was also an in- crease of $1,600 in the amount given away under the heading "special collections," but against these items appeared for the interest on first time for two years
on the donation for the Chap
not take away a book even if he brought regarding similarity between the signs-credit balances at the bank. This was
tures on genuine and suspected docu- ments, eventually eliciting the opinion that witness had not much doubt that the signatures on the two cheques were also forgeries...
a properly-signed application form. There were no loose application forms at the Bank, and there had been no complaints from customers as to the absence of ap plication forma from their cheque books.
Mr. E. R. Dovey, Government Analyst, Of two innocent parties, continued was then called for the defence. He said Counsel, the Bank of East Asia on one he had made a special study of hand side and plaintif on the other, have you writing He had examined all the docu- not a doubt in your mind that, through ments in the case cheques, drafts, the the instrumentality of some forger, both application form, etc nad was of the the Bank and the plaintiff have heen opinion that the signatare "Lau Se defrauded f Yuon" had been written in every instance Witness: It is quite likely.
Counsel: You haven't much doubt! by the same hand. The writing in the
Witness: No. bodies of the cheques was also written by the same hand, with one small excep. tion.
This concluded the cross-examination
Mr."Dovey.
Witness stated that when he first Mr. Potter asked permission to take examined the suspected cheques he the two cheques out of court for purposes discovered two or three points about of examination, having regard to Mr. them which indicated they were forgeries, Dovey's Inter evidence and the case Thero were several places when the writ brought out by the plaintiff side. Thit ing had been obviously touched up... being agreed to, Mr. Potter added that The suspected cheques were then ex- he would reserve bis re-examination of hibited to the Chief Justice, Counsel and the last witness until the next day's the Jury by Mr. Davey, who explained hearing, what he meant when he said the hand- On the Court rising the Chief Justice writing on the cheques had been touched intimated his desire to see Counsel for
both sides in Chambers.
This was seconded by Mr. WARREN and carried unanimously.
The CHAIRMAN thon said: I further passed as ordinary resolutions, viz propose that the following resolations be
14
(1) That it is desirable to capitaliso the sum of 8297,500 being part of the undivided profits of the Company stand- ing to the credit of the Company's reserve fund and accordingly for the purpose of effecting such capitalisation ia pursuance of Article XVIA of the Company'a Articles of Association u bonus of 81.75 per share on the issued shares of the Company be and the same is hereby declared and that the General Managers he and they are hereby authorised to satisfy such bonus by the distribution amongst the persons who are registered as holders of the pre- sent issue of shares of the Company on the 99th day of January, 1921. of Thirty- five of the unissued shares of the Com. pany credited as fully paid up in re- spect of every Two hundred shares of the Company held by such persons as aforesaid and that such now ordinary shares rank pari pasu with shares al- ready issued as from the date of allot. ment with regard to dividend and that the General Managers issue to share- holders holding a number of shares which not Two hundred or a multiple of Two hundred a fractional certificate in respect of the odd share or shares held by them, and alot one new share to every person who shall produce the General (within such period as Managers shall determine) fractional certificates making in the aggregate a total of one share
(2) That the whole or any part of the remainder of the unissued sbarcs of the Company be disposed of in such manner at such time or times and upon such terms as the Company's General Managers shall in their absolute dis- cretion think it."
Mr. H. P. WAITE seconded the proposal which was carried ananimously.
This was all the business before the meeting.
COMPANY REPORT. HUMPHREYS ESTATE & FINANCE CO., LIMITED.
The Report of the Directors for the year ended 31st Deceraber, 1992, says The Net Profit for that period.
after deducting Directors' and General Managers' re- muneration and including $193,740.87 brought forward from last account, amounts to ....
$108,220.32 Which the Directors recommend should be appropriated as follows:
Pay a dividend of 80 cents
per sbarc Pay a Bonus of 80 cents per
share..... Transfer to Reserve Fund... Transfer to Typhoon Floods
Insurance Fund Transfer to Special Repairs
and Renewals Account Carry forward to new Proft
and Loss Account
$120,000.00
120,000.00 50,000.00
10,000.00
10,000.00
158,220.32
8468,220.39
Auditora.-The accounts have been
collected on
Directors. In accordance with Clause lain's house.
In facing 1094. continued Mr Hogg, No. 88 of the Company's Articles of Asso- they might, by exercising economy, beciation, Mesara. J. Scott Harston, W. L. able to make ends meet. The question of Pattenden,, the Very Rev. Father Robert, special collections was one which would Hon. Mr. A. O. Lang, and Mr. J. M.
Alves retire, but being eligible, "offer have to receive the attention of the 12- coming Church Body. It was a matter themselves for re-election. for regret that donations from the foreign community for Church expenses could not he moved higher than the present level of $2,800. The Church Body intended financing the present deficit by bringing on to the books the debentures in the Prince's Building and the Land Company. In a few months there would be a sum of $16,000 placed to their credit, thanks. to these debentures.
nudited by Messrs. H. Peroy Smith, FCA and C. Bernard Brown, A.CA, and Messrs. Linstead and Davis offer themselves for election.
At the suggestion of the Bishop it was decided to send to Mr. Fuller cable wishing him "God speed" on his voyage home, the cable to meet him at: Singa pore
The following were thon elected lay members of the Church Body for 1924: Messi, H. B. L. Dowbiggin, J. Witchell, Sir Claud Severn, Messrs. W. L. Patten- Votes of thanks were passed to Sir den, d. Owen Hughes and Airoy, Mr. Claud Bevern, the Hon. Mr. Follock, the B. Ross was re-elected bon auditor. Rev. D. E. Arrowsmith and others who Diocesan Conference will bo: Mrs. Kemp, and to the ladies who supervised the The Cathedral's delegates at the contributed the musical entertainment, Mr. Saunders, the Hon. Mr. and Mra catering arrangements. Pollock, and Mrs. Jackson.
(Continued at foot of nest coljimny.
A short prayer conducted by the Bishop "concluded the proceedings.
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