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TRE No./185.
BONG TONG
THE HONG KONG DAILY PRESS, TUESDAY, NOVEMBER 27th, 1928.
DEFENCE ALLEGATIONS IN CARVALHO
YEO CASE.
TSANG ON WING'S HANDWRITING PECULIARITIES,”
THE HON. MR. Mcl. MESSER IN WITNESS BOX.
MR. JENKIN "WILL NOT BE "CANTANKEROUS.“
Yesterday saw the fifth day of the trial of Carvalho Yeo. formerly a clerk, in the Hong Kong Treasury, on charges of having defrauded the Government of over $200,000 by means of forged cheques The Court room was again crowded with interested spectators.
Teang On Wing, who was described during the proceedings by Mr. Jenkin, as custodian of Government cheques, was searching- y cross-examined by Counsel for the defence. Mr. Jenkin put his ärst questions on Friday at about 3 p.m. and finished yesterday' "At about the same time. The Hon. Mr. Mel, Messer, Colonial
Treasurer then gave his evidence-in-chief.:
DEFENCE ALLEGATIONS.
In the course of his cross-examination. Mr. Jenkin put to the witness that the handwriting on the body of the cheques, which are alleged to have been forged, was his and that he was im- plicated in the swindle against the Hong Kong Government. Tsang On Wing denied the accusation saying that the best reason. he could give in support of his denial was that he knew perfectly well that be had never written out any of those three cheques.
Counsel also suggested that the signatures of both Mr. Messer and Mr. Black were obtained with witness's knowledge.
**
Counsel then dealt with the several peculiarities in witness's handwriting, one of which was that witness wrote the letter "A" from the bottom
This witness denied and wrote **Thousand" and "Said" on a piece of paper to support his
statement.
Up.
WITNESS WRITES CHEQUES IN COURT.
At the request of Mr. J. Arnold, a member of the jury, witness wrote three cheques in Court with the names of the payees and the amounts to correspond with the three alleged forged cheques. "Witness sat at a desk and wrote out the three cheques with care,"
using his own pen.
The filled in cheques were presented for the Judge's and the jury's inspection and when, they came under. Mr. Jenkin's scrutiny, he at once, asked for them to be put in as exhibits, saying that he would make capital out of them." He then submitted to the jury and the Court that the handwriting was faked. He said that in one of the cheques between "thous " and and in the word thousand" there was a gap, In the second cheque there was a hesitation in the "Ks" and "t" Katz," and another break in the word thousand." In the third cheque the "A" in "Min Tak" was written in the usual way, namely bottom up." Counsel also picked up twenty-five words from a Cheque Register kept by the witness and submitted to the Court that the letter "A" in all cases showed the peculiarity to which he had drawn attention:
“MR. MESSER WILL BE TREATED WITH COURTESY."
At 3.35 p.m. the Hon. Mr. Mel. Messer was called to the witness box to give his evidence. He denied having signed the three cheques in.question and said that he did not know any of the payces mentioned therein. He also spoke of the peculiar way his. signature was made on those cheques. The most striking feature, he said, was that the thred signatures alleged to be his were "all too very neht" and "all very alike."
!
At the close of Mr. Messer's evidence, Mr. Jenkin said that he would like to say a few words in public before the Court adjourned. He said that much undue publicity had been giveri to his coming cross-examination of Mr. Messer. He would there fore, take the opportunity to say that while he had a public duty to perform, his cross-examination would contain. nothing specta- cular, and that he would not be cantankerous. He would, of course, treat Mr. Messer with due courtesy.
Mr. Messer replied that he appreciated Mr, Jenkin's position and that he thanked him for his remarks.
"
The case for the prosecution is Mr. Jenkin suid that at the time being conducted by Mr. Eldon | when Mr. Potter made that state- Potter, KC, and Mr. H. G. Shel-nent he was not in a position to don. Mr. F. C. Jenkin instructed chak it. He now found that in by Mr. C. A. S. Russ is for the fact the specimen was in Court 'defence.
when the trial opened and for some The special jury empanelled days before the trial it was in the
Bank's possession. were:-Messrs. A. H. Ferguson
He had, how (foreman). J. M. da Rocha, J. cordance with his Lordship's in-
ever, returned the negatives in ne Arnold, WC. Gogging Ho Kamstructions. The specimen signa- Tong, J. P. Braga and Chev. J. M.tures were now in the Bank's posses. Alves.
An Irregularity?
Bion...
Replying Mr. Potter said that the point he made was not that the signatures were in some else's possession, but that it had been the consent of the Government. parted in the first instance without There was no dispute about "the circumstances, he added.
CROSS-EXAMINATION OF TSANG ON WING.
Where Application Forms Are Kept.
Counsel the preceded with his cross-examination of Tsang
Wing.
Oa
Now, Mr. Tsang, I do not want
to bandy words with you, but what you told us in effect was that when you discovered that cheques were missing from, the two..books, you, suspected that something WAJ wrong—Yes.
You then ordered another book of 200 cheques-Yos
You calculated that that number would be sufficiens to last ap to the end of the year! Yes
►
To order the new book, you took cheque book "F" out of the safe and extracted from there the ap- plication form for new cheques i-- The form had already been torn out of the book and was lying in my drawer I don't know whether' chat, form was from book "F" or trom other books, becs, se I had two or three forms with me.
Then at the time you gave the order for that. Inst book you did not know that, the cover of Exhibit **" had been tampered with 7--. At the time I did not pay parti- cular attention.
Did you know at the time when you ordered the last book that the cover of the preceding book bad been tampered with-I didn't notice it.
13
Then you did not know it 7-1 didn't know it for certain. ·
You did not know i>?—Yes, I did not know it.
In answer to further questions, witness said that it was always his habit to cut off the cover of a cheque book and throw it into the waste-paper basket as soon as that book was finished.
Mr. Jenkin: You Anished book WF" on December 30th 1-Yes.
You
followed the ordinary routine, that is, cut off the cover and threw it awayYes
Then you are unable to account for the fact that that cover was torn in seven or eight pieces-1 cannot.
And somebody must have done something to that cover after you had thrown is away 1-Yes,
Have you at any time made en- quiries as to who had torn that cover after you had thrown, it away 1-No.
Saw Cover Again Casually. After you had thrown away the cover of book "E" when did you see it againt-On January 18th, sometime in the evening after office hours.
Where did you see it-I Srst saw it in the General Office on the desk af another clerk.
You found it there casually 3- Yes,
When did you find the cover of book "A short time after finding the first one.
41
In the same placé 1--No, in one of. the messenger's room, among a heap of rubbish on the floor.
Who was with you when you found that cover-y: assistant Cheung Man Kun. Just you two alone in this room i think Mr. Black was there too.
You believe it, but are you quite certain —- am not quite certain.
Now you did not actually start to look for this cover unul you casually saw the cover of book "B" on the clerk's desk i—Yes, but I did look für it in the General Office irst, before going to the messenger's
'porn.
In your search were you only looking for these two covers or for others as well was specially Jooking for these two covers.
Why did you start to look for these two covers after knocking That was the time when Mr. You say you had told Mr. Black Black asked me to look for them
something about them 7-Yes
Had you told Mr. Black you had thrown away two covers which had been tampered with ?-I did.
Was that before you started to look for them?-Yes.
Thought It Was Bank's Mistake.
Mr. Black, until five o'clock on Why was it that you kept from January 18th, all knowledge as to the tampering with these covers-I had told. Mr. Blick be pered with. fore that these covers bad been tem-
tac
Then you had previously report ed to Mr. Black that two cheque book covers had had the numbers altered-On the occasion when I told Mr. Black the cheque books were each short of 30 cheques my meaning was to tell him that the numbers had been altered.
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When the Court opened yesterday morning, Mr. Jenkin, before resum- ing bis cross-examination of Tsang On Wing, referred to the order made by his Lordship on Friday afternoon for the immediate return do not concern the Court,
Mr. Jenkin: The circumstances of the photographs and negatives Mr. Potter said that the circum- of the specimen signature of Mr. stances did concern the Court very Black to the Hong Kong Bank, be much because it was an irregularity eause they were confidential docu- for the document to have been part ments and should not have been dised with at all, closed at all to a third party with- Hr. Jenkin said that the only that you had previously informed Your answer a moment ago was out the consent of the Government thing that mattered was that the Mr. Black that two cheque book
Mr. Jenkin reminded his Lord document should he in Court on ship that that order was made upon the day the trial opened, and that tored. Is that true or not?-Be-
covers had had their numbers al- SUN YAT SEN'S FUNERAL. formerly used by the Emprese a protest by Mr. Potter, Counsel anything that had happened before fore the 18th, of January I never said that protest was based upon that date had nothing to do with told Mr. Black that the numbers on erroneous information. Mr. Potter the order. had said that be understood" from His Lordship remarked that he been altered. I only told him of the covers of the cheque books had Mesort. Johnston, Stokes and really did not know whether the the shortage of 30, cheques. Master, solicitors for the Bank, point was of any importance. Mr. that a subpoena had been served on Potter had protested and it seemed „Five o'clock on the afternoon of Mr. N. B. Proctor, of the Bank, to him (his Lordship) that there had January 16th was the first time you to produce the specimen signatures been irregularity. He suggested told Mr. Black that the numbers and that Mr. Proctor had produced that the matter should be left at on the cheque book covers had been them in Mr. Jenkin's Chambers in that.
altored 7-Yes. the presence of Prof. Shellshear. It Mr. Jenkin replied that until the
Why did you never report that was also stated that the documents matter, had been tharpurhly gone important fact before? I thought were still out of the Bank's posses into, it was rather premature to list je Was & mistare by the vanic.
leghe (Continued on page 6)
..
7
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