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THE HONG KONG DAILY PRESS, FRIDAY, NOVEMBER 23rd, 1928.
THE TRIAL OF CARVALHO YEO.
CLOSE OF MR. BLACK'S CROSS-EXAMINATION.
FAILS TO RECOGNISE HIS OWN SIGNATURE,
MR. JENKIN REVEALS A SECRET.
A crowded room again watched the Supreme Court proceedings on the third day of the trial of Carvalho Yeo for alleged cheque. forgeries by which the Treasury was defrauded of a quarter of a million dollars. The cross-examination of Mr. T. Black, the Treasury accountant, was resumed yesterday morning by Mr. F. O. Jenkin "and, "closed shortly before the tiffin adjournment after lasting five hours. Several questions were put to the witness by the jurors... There was a tense moment in Court during the final part of the cross-examination when 3ft. Jenkin passed a narrow bit of card to Mr. Black arid asked him if the writing on it was his signature. Mr. Black looked intently at the writing and said "I don't know." Mr. Jenkin sent the card back to witness to have another look and the answer was the same. It was then that Counsel for the defence let those in Court into the eceres. It was Mr. Black's own signature!
There were several sharp passages between Mr. Black and Mr. Jenkin which led Counsel to retort that he did not wish to split words "'ng long as I understand the reply which I get."
The prisoner, Carvalho Yeo, was! And he gave you specific instruc defended by Mr. F. C. Jenkin,tions to do certain things —Yes. C.B.E.. instructed by Messrs. Russ Could he give you those instruc
& Company. Mr. Eldon Potter,tions without having information
on which to base those instructions -Not very wali.
K.C., and Mr. II. G. Sheldon were for the prosecution.
Before resuming the cross-exami nation of Mr. Black, the Treasury necountant, who had been two and n half hours in the witness box the previous day, Mr. Jenkin announs. el that the cross-examinations of Mr. Black, Mr. C. Mol. Messer and Tsang On Wing would be long. Many of the other witnesses for the "prosecution would be questioned briefly, and some probably not at
all.
part
of
During the greater the resumed cross-examination Mr. Black was again questioned regard÷ ing the cheque book covers which were retrieved from the messengers' room, the stubs of the used cheques and his visits to the Hong Kong and Shangbai Bank..
In the course of questions as to the missing cheques, witness said that he had not much time to think about it on the day of the discovery (January 18th), as he was more con- cerned about getting payment of the cheques stopped.
Asked what he thought of it now, witness replied: Am I bound to give opinions i
Mr. Jenkin. Just as you like, Mr. Black
"A Mare's Nest." Mr. Jenkin: Have you ever heard the expression a mare's nest ** ?——— I have.
Was it used in your hearing on January 18th -I am afraid I can't
say..
Witness said he recollected the interview at the Bank when Mr. Hegarty was present.
I should think not! He got that information from you, did he not?
-No.
He appeared to know all about it when he gave you instructions He did.
Then it I asked you yesterday if you did report the matter to Mr. Messer, a fair" answer would be 11 was not necessary, he already knew '1-I replied to your question as beat could. You told me to be
careful.
Reason For Silence.
Do you repeat that the reason for your silede is that you were there to obey instructions only and went to bring back three cheques?- I took it that I was there to get
the cheques back and not to get inveigled into any argument about then.
.
You said nothing about Mr. Messer's signature--I don't think I expressed any opinion on any thing but my own signature.· ̈
Why Is is because of this care about being inveigied That is
correct.
Mr. Ho Kom Tong: Was it part of the duty of the accused to handle the cheques at any time-Noi
Mr. P. Braga: Did anyone n the Treasury as the accused remove the cheque books from the safe dur- ing the period November/December 19271-Not to my knowledge.
Mr. J. M. da Rocha: Did you immediately report for cancellation -the-60-cheques-found-to-have-been- extracted-Yes, on January 19th,
Questions By Counsel,
Me Jenkin said that he had overlooked one question and sug- gested that his Lordship should put it to Mr. Black, Witness was asked whether the prisoner at any time. in the ordinary course of his routine would handle cheques which he had seen Mr. Messer and Mr.. Black sign. Witness replied that the accused would not handle any cheques but he would have many chances to see Mr. Black siguing although not Mr. Messer.
Mr. Potter also put a question to Mr. Black through his Lordship thus Would it be possible for the prisoner to obtain specimens your signature or Mr. Messer's 1- It would be quite easy, my Lord. On my own desk there are some cash balance certificates bearing both our signatures. He might
easily extract one of these without the loss being discovered.
New Witnesses Called,
In the afternoon Mr. L. A. Barton, Treasury. Cashier in
charge of Praya East Reclamation Recounts was called. Witness sajd that on January 18th Tsang Ou Wing visited his desk with a pas book and asked if three large amounts appearing thereon had anything to do with the Praya Eust scheme, It was before the tillin interval. Witness replied that the items were not his and suggested that Tsang should make a report to Mr. Black..
Witness was cross-examined by
Mr. Jenkin as regards the three items and the pencil ticks appear- ing on the pass book.
commotion
Asked if he did anything can- consideration, witness said that he cerning the occurrences now under
noticed some
in the Treasury offer with people moving up and down, but he was not oth- cially asked anything by
Mr. Messer, nor did he go to Mr. Messer's room in connection with a
debit improper supposed doubt that Tang had not report. $250,000.. If witness had any
of
ed the matter he would certainly. have gone to Mr. Black himself and mentioned the matter.
i
Mr. H. Martin, assistant accoun- tant in charge of the Praya 'Etat Reclamation necount and the Public Works Loan account, who was the next witness, also déposed to receiving a visit from Tuang On wing shortly before noon on that day. Witness informed Tsang Un Counsel proceeded to questioning after looking through his witness as to why certain points books that the three entries in the made by witness at the Magistracy on the characteristics of handwrit ing were not-brought out in the higher Court Witness replied that suggestions were made to him no
Pass book did not refer to the two
accounts.
Questions were also put to wit- ness by Mr. Jenkin regarding the entries and pencil marks appear- to do so and he fellowed instrüe-ing in the pass book. Witness said tions.
Mr. Jenkin: Who was the sugges- tor-Much came from Mr. Haz- lerigg. Any other source - 12/ Messer.
Mr. Jenkins, Mr. Hazlerigg, and Mr. Messer made the suggestions?
Mr. Jenkin: Was the expression then used to the effces that on re- turning to the Treasury from the Bank it will be found that this is a 'mare's nest"-I don't remem--Yes.. ker "mare's nest" being used. The suggestion was made that every thing would be found to be correct. Witness said that the suggestion came from one of the Government party at the interview..
Mr. Jenkin: Which one
lieve it was Mr. Dallin...
he-
Mr. Jenkin: I put it to you, Mr.
Mr. Black's Difficulty: "I Don't
Know."..
Handing Mr. Black a card with name on it Mr. Jenkin asked him if the signature appearing on it was witness's
Witness (after scrutiny hesitation): I don't know.
Mr. Jenkin: Have another
Baek, that whatever you entertain--I don't know.
ed in your mind, you did not con-
that he did not, visit Mr. Messer's room with reference to the occür- rences.
Mr. Jeukin. My questions to you have been quite clear and you are quite sure as to the statements made, thereto 7-Yes,
•
Mr. Tsang On Wing In The "Box,
The Chinese cash book. clerk ut the Treasury, Mr. Tsang On Wing, whose name has been often men tioned in the proceedings, then en- tered the witness box and elected to speak in Chinese. He said that and he joined the Government service in May, 1914, and the staff of the look.Treasury in August, 1920. Part of his duties was the preparation of cheques on Government account. Witness had an assistant, Tsang May_Kun
Counsel relieved the curiosity of vey to that party that your sign the crowded Court room by staying ture was a forgery - certainly stated it was a forgery.
that the paper contained Mr. Black's specimen signature, for the "Did you say it more than once-Treasury account with the Hong
I may have said it twice.
I put it to you. that as a matter of fact you expressed no doubt at all as to the authenticity of your signature -You are quite wrong
Did you tell the party that the names of the payees were absolute ly foreign to any Government busi ness-I don't know whether I did or not. I had very little to say there.
Do you suggest that you had no opportunity to speak I could bus I thought it better policy not to say too much as other people were involveri
Kong and Shanghai Bank. This
elosed the cross-examination.
Boiling With Bago." Re-examined by Mr. Sheldon, witness said that he gave instrue tiens to the Bank to stop payment as soon as he heard that the cheques were missing. On his visit to the Bank there were Mr. Proctor, an- other Bank official whose name he did not know, Mr. Hegarty, Mr. Dallin and Mr. Maughan. The last two belonged to the Government Audit Department.
Referring to the three chequer, witness said that the writing on the body was not that of Tsang
Man Aun. To, à certain extent the writing resembled his. It was not witness's writing.
Witness also denied that he pre- pured bodies of cheques at any time for Katz and Company, Min Tak Company or the Man Lee,
Part of his duties, witness con- tinued, was the keeping of the cash book and cheque register. There are no entries in any of his books relating to the three names or that of Sang Cheong. Witness had not at any time prepared a cheque for Sang Cheong amounting #$73,788.84.
to
Witness them went on to detail certain characteristics in the word- re-ing_of_the_checues which were not present in his bandwriting. Sam- ples of the formation of certain letters were made in his own hand- writing from, the witness box and these were entered as exhibits.
Mr. Sheldon: What did Mr. In effect you have told us that Dallin do at the Bank-I under- your jutimacy with Government stand Mr. Messer asked him to go vouchers and contractors had been there. such that you could-instantly-tell- Did Mr. Dallin make any if a name is a foreign name, which marks about your signature --Yes, appears as payer 7-Yes.
he said it was like mine.
Mr. Hegarty, what did he say - That's Black's signature.
And Mr. Maughan? Surely that's yours
Witacas: I was boiling with rage at the suggestion...
Tell me what possible motive in duced you to keep your mouth shut au the Bank 1-No motive at all.
-Must Be Careful-With- Words.
Was not your main purpose in attending at the Bank to convince them that the cheques were cheques that should not be debited to the Government account? My only purpose in going to the Bark was io get the cheques and take them to the Treasurer as instructed.
Instructed by whom -By the Treasurer.
Personally 7-Yes.
You told us yesterday that you did not have a word with Mr. Messer before you went to the Bankt-I said I did not report the --matter-to-him,
.......
Questions By Jary.
At the close of the re-examination the following questions were put to Mr. Black by the members of the jury:-
Mr. J. M. Alves: Were the water account books kept in the same safe before the accused joined the Treasury ?—Yes.
Witness And A. Microscope. At one stage when dissimilarities of the letter were under 'dis- cussion, Mr. Sheldon fixed one of the alleged forged cheques under a microscope on the bar table. Tang On Wing was invited to come down from the Lux to have a look through the glass and give his opinion on the formation of the tail stroke of the 'y!! "ninety."
-Witness: I sen the up stroke to be thicker than the down stroke.
Mr. Sheldon: I don't think so myself
in
How would you pay accused his salary, by cheque -No, by cash.
Mr. John Arnold: Who places the Treasury serial numbers on the chequer ? It is done at Victoria Mr. Jenkin asked his Lordship I see. I have to be very careful Gnol where the printing is done. to make a note of the incident. with the words Time for aid any clerk who wisher to deate the Hearing of the caes will bater Mr. Messer before you went to the office has to get-your-permission?sumed before Mr. Justice Jacks at Bank then-Yes.
Yea
2.15 this afternoon.
K. M. A.
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