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212
Caloraris Ass, Paz
THE HONG KONG DAILY PRESS, THURSDAY, AUGUST 23rd, 1928.
FORGERY CASE CONCLUDED.
DEFENDANT FOUND GUILTY ON THREE COUNTS.
MR. JENKIN'S CROSS-EXAMINATION,
AN EXTRAORDINARY SON."
The case in which Fok Chung Yuen was charged with forgery, Futtering and conspiracy was concluded yesterday before
Justico P. Jacks..
The prisoner was found guilty of the two last charges but not guilty of forgery. He was sentenced to five years hard- labour on each of the charges of uttering and three years' hard labour on the charge of conspiracy, the sentences to run' con- currently...
How To Torge A Signature. It will be remembered that Mr. Ling Man Lai, an expert in Ch nese handwriting, gave evidence on Tuesday to the effect that he was of opinion that it was possible that the signature of Fok Kam Chuen, prisoner's "father, was made by tracing over the characters, using the chop in the process.
father's Of course, my younger | brother had told me that he had obtained permission from my father to assign the properties.
Mr. Jenkin: Then your position was this: That your father stepped into the breach and saved you from going into Bankruptcy by assigning some very valuable properties - then hoped that we could carry on businesa and that after a few years we might be able to make money and save the position.
Hot Only For His Sake, Mr Jenkin: From what your younger brother had told you, it ping into the breach by assigning was clear that your father was step-
his properties to the new company to save you and the Fook Lee & Co. from bankruptcy and ruin 1-I don't think so, because I have many brothers and he would not have put up all his properties for my Mr. Jenkin: Now, Mr. Fok, you are not coolie. You are astute business · man.” Do you stand in the box and say that you have not the remotest idea why your father had assigned; the pro perty 1-1 did not discuss the inatter with my father. My younger brother did that.
ди
Mr. F. C. Jankin, for the Crown, į yesterday morning demonstrated to the Court how it was suggested it had been done. He produced a square wooden box, with a glass top and a strong electric bulb in side. The light was switched on and the impression of the chop was placed on the glass. The page of the deed of assignment on which the signature appeared was then placed over the impression of the chop. The strong ray of the light inside the box showed up the imsake only. pression of the chop so clearly, that the characters could easily be traced with a Chinese pent
Mr. Jenkin further said that if the prisoner had used that means of forging his father's signature, he must have moved the deed very slightly, because on measuring the spacing between the characters "Fok
and "Kam" on the forged
Mr. Jenking Do you stand in signature, there appeared to be that box, mind you I want an an a alight deviation of alignment,swer, and say that at the time whereas in the spacing between your brother told you and even up "Kam" and "Chuen there was to now, you had no idea why your no difference. The explanation of father assigned the property - this, Mr. Jenkin said, was probably only trusted what my brother had that after tracing the character told me. "Fok," the paper most have moved a bit, and the last two characters were traced without moving the paper.
Prisoner's Hazy 'Memory. Mr. Jenkin then commenced his cross-examination of the prisoner, which lasted over three hours.
Mr. Jenkin: I understood you to say yesterday that the one and only time you saw the deed of assignment was in the office of Thos. W. Simmons & Co., Ltd. 3– Yes,
Mr. Jenkin It was then shown to you by your younger brother, Fok Tat FuiYes;
Mr. Jenkin: Then, you never saw
ence to that document ?-No,
Mr. Jenkin commented that the prisoner was fencing with him and that the answer was, in fact, a rafusal to answer question. Mr. Jenkin again pressed for an answer His Lordship then told the accused to give an answer to the question. Erisoner then said that he presumed his father had done that to help him, and. bis brother so that they might make back the money,
Every: Stick Ha Had.
An Objection Overruled, Mr. Jenkins Now, as an honest i man and a victim of your brother's wickedness, why did you not tell the Police your defence when yo
were charged; in- stead of saying that you want- ed to see your solicitor before making a statement I—At that time I had already engaged Mr. Mac
namara.
MISS CECILIA HANSEN:
OVATION IN SINGAPORE,
PROGRAMME HERE FOR NEXT WEDNESDAY.
We learn from Mr. Strok-that the public of Singapore greeted Miss Cecilia Haneen's first appeat-
In answer to further questions, ance there (incidentally her debut prisoner said that while in custody in the Orient) on August 14th, with in Canton, he had made a state a great ovation. The Press on ment to the efcct that he was in animotely agrees that Misu Hansen nocent and that it was all his has well sustained her reputation brother's doing, and that when the of being the world's greatest case was brought before the Hong woman violiniet. Kong Court, everything would come to light."
Hong Kong music lovers are pro- mised a treat, "when Miss "Hangen Mr. Jenkin then produced pris gives her first violin recital here oner's statement made in Canton on Wednesday, the 29th August, at to which Mr. Sheldon objected saying that the prosecution could the Theatre Royal. Mies Hansen's not spring farther evidence after first programme is as follows:- the ease for the prosecution had been closed.
nat springing further evidence, but Mr. Jenkin replied that he was since the prisoner had admitted
1. Ciavonna
Vitali
2. Concerto D Major...Tchaikowsky.
Allegro moderato
Cansonetta
יו
Allegro vivacissimo.
in cross-examination that he had 3. La Follia Coralli-Kreisler. made & statement to the Canton 4. (a) Recitativo and Scherzo Police, he was therefore within hie
(Violia onk) Kreisler. rights to produce that evidence. (b) Hungarian Dance... Brahms. Mr. Sheidon's objection was then (c) Poupée valsante ... Poldini, overruled
(d) Rondo des-Lutine... Bazzini. In the statement made to the
Misa Hansen who is accompanied Canton Police, prisoner "admitted that he was in Messrs. Wilkinson by her husband-accompanist My. Fok Tat Fui, when the deed was Kong next Tuesday, by the French & Grish's office with his brother, Boris Zahkaro arrives in Hong
signed.
mail. liner Athos II. from Singa-
|
pare vid Saigan - where she, ninet
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Booking for Miss Hansen's tw S. Moutrie & Co.,Ltd.
Question Of Identity. Continuing his cross-examination in the afternoon Mr. Jenkin asked gave,recitals. the defendant if he remembered his opening statement at the Police concerts has already opened at Court during which he stated that Moutria's and her season promises he was going to Mr. Beavis who would say that the defendant had to be one of the most successful called at bris (Mr. Beavis') office ever enjoyed by an artist in Hong. with his father and younger Rong- brother, and that Mr. Beavis did in fact, give evidence to this effect The defendant admitted that he remembered:
The witness agreed that this state occasion on which Mr. Beavis was mént зрад made on the second called to the witness-box. On the first occasion, he bad said "This happened a long ago, I was satisfied at the time that For Chung Yuen (defendant) came to my office, but identify him with the man in the I cannot alter this lapse of time dock.??
Mr. Jenkin then put it to the defendant that during the interval between Mr. Beavis first and second statements, he had instructed his counsel to take up the line that he (defendant had never been in Mr.
Beavis' office.
man were
Hong Kon
DIMINUTIVE PRISONER
That constituted the defence. The charges against the There was no evidence that he forgery, utterance and conspiracy.
. CONVICTED. actually forged the deed, they had heard evidence which purported to CHIEF JUSTICE SURPRISED | prove that he signed a forged deed also charged with uttering. but not that he forged it. He was
that of Mr. Beavis who said at first chief evidence against him was that he had searched his memory and records and that his memory
"A verdict of guilty was return- was a complete blank. A few days fed by the Jury at the Supreme before the action in which the Court yesterday afternoon against father of the defendant claimed a diminutive Chiness who was deeds from the Bank of Canton,
The
IDENTIFICATION - PARADE CRITICISED.
Skatin.)
很好
matshed nt
Mr. Beavis remembered, but his charged with being party to Mr. Sheldon (Counsel for the de- old man. The old man, the father an unnumbered
evidence differed from that of the armed robbery which took place at
fence) objected to this question on of the defendant, said that he know the grounds that the only answer nothing about the deed till he unw Mr. Jenkin: Did you know that would be to disclose the instruc in the paper that his property was. The prisoner" showed consider. your father was assigning every tions which defendant had given to to be sold. Mr. Beavis, on the able signs of diatrese during the stick, of property he had got and Mr. Macnamara and himself, and other hand, remembers the old man that if anything went wrong he that it involved an admission that coming to his, office and conver „case" leaning against the side of would be a ruined man-I knew the changed his instruction. The sation that he held there with him, the dock with his thee on his that.
questions which I have asked," Mr. Beavis had given a most de hands. He presented a very un- Mr. Beavis at any time with refer- Mr. Jenkin: How did you know continued Mr. Sheldon, "were all tailed account of the execution of kempt appearance.
Mr. Jenkin: You were never in that I knew what property hean the specific instructions of my this deed in his office seven years
client." Messrs. Wilkinson & Grist's, office Mr. Jenkin: Did you thank your His Lordship disallowed the ob- in connection with that document 1-father for the need of assignment icction and it was put to the de- Never.
which was for your benefit and your fendant by Mr. Jenkin that he did, Mr. Jenkin: And you never saw brother's. If you did not you must in fact, change his original de anybody from the office of Messrs. The the most remarkable son that fence, Wilkinson & Grist in connection has ever been born-So long as
Witness: No, that is not true, with that document --I remember
went to Mr. Beavis' office.
&
had:
ngo and without his evidence there At the close of the case for the was nothing against the defendant, prosecution Mr. Hin Shing Lo, " as all the letters relating to the who appeared for the defence business. of the firm are signed by sharply criticised the manner in the brother. If the jury were un-
able to accept Mr. Beavis' evidence which an identification parads was and the bizarre story of a flash of carried out by the police. The
szeing. Mr. Hall bringing a bundle my younger brother told me it was and as a matter of fact I never memory there was no case for the small boy who made the identifica
of papers to the office.
Mr. Jenkin: It happened so long ago that your memory in regard to that document is uncertain and hazy What I do remember and
all right, I was satisfied.
prosecution.
Case For The Crown.'
Mr. Jenkin: Do you stand in - Olhez Property In. Canton. the Court and ask us to believe
tion first said he recognized the Witness was then cross-examined Mr. Jenkin (Counsel for the accused and later went back on his. that although your father had given with reference
to the alleged Crown) said that no reasonable evidence. ⠀-- every stick of his property you did signature of his father. He stated man could accept the defendant's not thank him or even mention the that it resembled his father's usual version as to his own his father's
In summing up His Lordship fecl certain about it was that my matter at all?--I did not say any signature and that he saw nothing actions with regard to the dori said that he had had considerable younger brother brought that deen thing to him about it, and he said unusual about it. ment to me and asked me to sign nothing to me...
Asked whether ments in question. He emphasised experience with the evidence of in two places." I also remember
he believed that his brother had the fact that the defence was not children and would say that in- that there was a Chinese signature
asked him to sign the document put forward until they came into of my father and some English Mr. "Jenkin: What a curious words written against it.
pair!-Perhaps my younger brother Took His Brother's Word For It.nd thanked him, and
Mr. Jenkin: Where is this
"What A "Ourions Pair!"
"
only as an attestation of the old the higher court. The man in the Variably it was very reliable iť man's signature to replied "My dock was closely associated with property interpreted. What they younger brother told me that since the forgery of his father's name, see," said His Lordship," is al the signature (of the father) was
might be a guilty or an innocent
Mr. Jenkin; Did you know what younger brother of yours, who is 'not made in presence of a solicitor, association; but he asked the juryways very clear, but at times they
pany
if they believed that a man of can easily be the victims of mature age and business experience, illusion." one of two partners in an export and; import business, being on the
the deed was I knew it was the hearing the burden of all this a witness should sign beside it to deed that Fak. Tat Fui had drawn do not know. He was last seen in make it legali up so that my father's properties Hong Kong in 1923.
Mr. Sheldon (Counsel for the de- could be assigned to the new come
Dealing with the identification Mr. Jenking If it be true that fence) re-examining the defendant, you never mentioned, this matter asked him. it Mr. Beavis had not verge of bankruptes, and being told Parade His Lordship commented: Mr. Jenkin: Did you read the to your father at all, the only said the first time he was called to be his younger brother that their that he had had previous cases deed.--No, I only accepted what my reason for this extraordinary con- give evidence that he could not position was saved by the father which showed, that the Police were 'brother had told me.
Mr. Jenkin: When did you. first duct was that your father. knew way that the defendant was on assigning his property to their not at their best in carrying out learn that your father, was describ nothing about it and that you did of the two men who signed a docu- debtors, be and his brother, being ed; as, & partner in the Fook Lee.not want him to know ?-This is not ment in his office on that day, thereby saved from rain, would these parades
Questioned as to the financial never have spoken to his father, The identification, parede was "a" , Ca, which, you, told us, was not
affairs of his father defendant ad about its the caseDoes it say so ?>
very ingortant duty, and the mitted having said that if anything
If no words were spoken between ernet letter of the regulations went wrong with his father's pro- perty he would be a ruined man, them, it must have been because the
[ Mr. Jenkin: Ob, yon;don't know
true.
-Victim of Els Brother's
Wickedness,
it eren.now. Do you say you have Mr. Jenkin: So this is à mon never heard it3-No, not until now, strous charge to bring against you, Mr. Jenkin then read: out the and you are the victim of your clause in which prisoner's father brother's wickedness?--Yes.
he (the father) had assigned all father knew nothing and his son in-ust be strictly kept to No his Hong Kong property to the tended him to know nothing. There detail,
said His Lordship,
first assignor of the properties. your father instituted proceedings Property in Canton and in the could base a finding which would Lo had pointed out irregularities. was described as a partner and the Mr. Jekin: Did you know that Bank of Canton but he had other was no evidence on which they should be departed from Mr...
·
of the fact that his client's defence
little evidence that the defendant,
in any way incriminate the old man Counsel anked prisoner if his against the Bank of Canton to get country.
as having been a party to the Also the prisoner was not touched Case For The Defence.
fraud. father was not a partner, or alter his properties back?-I knew that.
but was pointed to within, thres natively what properties he and Mr. Jenkin: Although you were Mr. Sheldon in his speech to the
The Verdict,
inches range. Although this might: his brother hind to assign. Pris in Canton then, you had been back jury said that a good deal had been
The Judge summing up explain be practically the same, it did not oner replied that he had read the and now your father several times! made by the counsel for the Crowed the various counts to the jury, keep to the wording of the document, and admitted that he did-Yes, several times.
ordinance. Mr. Jenkin: Did it ever cross had not been disclosed in the Police pointing out that there was very His Worship also spoke of the not have any property, to assiga..
your mind that you could be of Court. He suggested that the Fok Chung Yuen, had actually question of character and quoted Hoped To Bave, The Situation.
material assistance to your father was a peculiar one. This man knew Mr. Jenkin Very strange in in his action against the Bank that there. had, been a big civil forged the deeds. After a short the present Lord Chief Justice of deed. Why did you execute that It never, occurred to me. I did action in Hong Kong about deeds retirement the jury found that the England, and several other judges all of whom agreed, that, character document, when, you had no such write him a letter saying that the which his father, alleged to be prisoner was not guilty on the played; an important part in the property to assign it was merely deed was, put, through by Fok Fat forged and that on one of them was counts of forgery, but guilty on the because my brother brought this Fut Since then I have acen him his own signature. However, in two counts of uttering and on the deciding an issue when, the evidence was not absolutely con- document over and I accepted what several times, but we never, talked nocent he might know himself to count of conspiracy.RA
clusive. be said and, signed it.
of that, subject. A be it was not unnatural that he
Prisoners was sentenced to £ve The jury retired, returning Mr. Jeolon; You signed it with Mr. Jenkin: Very curious. Now, should feel it wiser to ses a solicitor yeari' hard labour on the 2nd count ¦ gave - their verdict of ** guilty. the full, knowledge that, in Clause you were arrested on June 28th at before saying anything. It had of uttering the agreement and five His Lordship who seemed to show 2,you and your brother were under: Canton and were charged here on been clearly brought out in cross years' hard labour on the 4th count some surprise Intimated that he taking to assign to the new company July 4th-about ten days after-examination that the defendant had of uttering the assignment and three wished to reserve his decision and properties when you had not got the chargó is most monstrous and neither been in Her Bédvis office" years hard labour-on Lắc (8th, count; to copaider the ente 728" taken the and which were your father's, and unwarrantable, and to which you nor ugned a paper: in his presence of conspiracy, the sentences Jury: 15% return this, morning you knew that they were your could give a simple defence --Yes. 1. (Continued on next Uolumn). concurrently.
10:30 am