Page
CARVALHO YEO. TRIAL.
MR. McL. MESSER'S EVIDENCE.
(CONTINUED FROM PAGE 4.)
4 Mr. Black Did Not Reply.. Do I understand you to say that at soms peried prior to January 18th you reported to Mr. Black that
On that chit was the number of one of the missing cheques-Ye
So that you at once knew that at least one of these wrong debita was
THE HONG KONG DAILY PRESS, TUESDAY, NOVEMBER
Salary And Pansion Cheques. Did you also tell Me Messer that the covers of these two book had been tampered with Yas I did...
At oncef-He asked me why there was a shortage in the book and I replied that I had told him of it at the time that they were short.
That is not my question. Did you then tell Mr. Messer that the Covers of the cheque books have been altered -As far as I can re
|
I put it to you that the writing in the body, of those cheques it yours-I say it is not
Circumstances will be referred to and have already been referred to .in felation to your failure to dis- cover the tampering with the num- bars on the cheque book covers and that you failed to report to your superiors. I suggest that shows you are associated with those three cheques I am not implicated. I know it myself.
275
DEATH OF CAPT. B. A. THOMSON.
MARINE SUPT. OF THE C.N.C.
Capt. B A Thomson, Marine Superintendent of China Navigation Co., died at 9 am yesterday on board the as Chinhus when on a
cheques were missing ?-I did not concerned with a cheque missing call I don't baliove I have told Mr. Mr. Messer on those cheques are taken the body to Torane. Capt.
say lost or missing. I said a "shortage of 30 chèques.
What' shortage were you referring to, 30 cheques or 80 cheques'?--In all
-60.
Had you told Mr. Black that cheques were missing, 30 from each of two books -No.
.
Why not 7-I spoke of the missing of 60 cheques at the time.
Did you report to Mr. Black that 60 cheques were misang out of the "choque books 7-Yes
Tell me the words you used The exact words I cannot mem- ber. Something like, I ordered 200 theques from the Bank and the Baak
400 cheques and I discovered 80 cheques were short. I don't know what I should do with "this book,"
sant
Did you report to Mr. Black on December 21st that it was 60 cheques short-Right.'
|
from Exhibit "F"1-I did not at once know.
Messer of that. ....
Mr. Jenkin: It is my case that royage from Hong Kong to Bang the signatures of Mr. Black and kok via Haihow. The Chinhựa has genuine signatures of Mr. Black So that you did not either go to and Mr. Messer-That I don't get the covers, nor were you sent know..
How their signatures were obtain- You know that that was a Bank to get them No.
Fask you again, why on this I do not know, but I put it to number 1-I did.
occasion, did you not at once tell you that these signatures were ch
1
Did you know that that was a these gentlemen, Mr. Mesaèr and gained with your knowledge?—I
number from one of the missing cheques from "F"-I did not know.
Did you look to see 1-No. Why not --At the time the num- [ber was not told me.
1.
You told us that you saw that chit when it was brought back Chang showed me the chit and said These are the numbers." I told him to read them out which he did. You did not see the chit-No. Then Mr. Black went to the Bank Yes...
Before Mr. Black went to the
The Did Not Know How Cheques Were
Extracted.
the others; Look here, I could not. throw further light on this. covers of these books have been
· altered ?"—I could not give you any reason why I did not do so, since the question was not put to That is your only reason: be cause you were not asked ---Be- cause I was not asked.
10.
74
Were you hoping that everybody would believe that these books were sent by the Bank in that form 7-I did not hope that every body would believe it to be so, but I believed it.
You say that you could not be certain exactly how you formed your letters until you examined several examples of you writing
It is so
Therefore your evidence as to the forgery of your writing, because of the dissimilarity of the formation, was not yours?I have a better I did not write reason than that. is
Do you desire to make any addition, explanation or any al- teration to the answers you have given to my questions ?-1 have no desire to make any alteration what-
truth.
Thomson joined the Company as second officer on Januszy 15th, 1906, and was promoted to chief officer- on January 31st, 1910. He receiv ed his feat. command of January 10th, 1920 and was made Marine Superintendent on January 17th, 1994, He served at the Scilly Islands Base throughout the war.
Capt. Thomson, who was born in 1874, had been in bad health for song time. He leaves a widow but
no children
LOST BOY RECOVERED.
The little boy who was reported to the police as missing and whom they suspected had been kidnapped on November 23rd; was found by the police on board the s.s. Antung, a fow minutes before the vessel
Bank that afternoon did you tell Erst time that the Bank had made sover, because I have spoken the was to leave for Singapore... How
him "Look here, Mr. Black cheques are missing from the two books and the numbers have been altered on the covers 1."--No.
I suggest to you," Mr. Tsang, that you were the one person in that
|
Former Mistakes By The Bank In answer to further questions, witness said that that was not the
mistakes in their entries in the Pass Book. He could remember former occasions when such mia- takes were made. One time the Bank had wrongly debited the Gov ernment with an item of $200,000.
Over
Mr. Jenkin: Having discovered that item in the pass book, what did you do?-I did nothing until I had checked up all the entries.
Then you took the Pass Book across to Mr. Black and showed it to him-Y09.
You don't know it, but I want to inform you that Mr. Black has made no reference at all to your alleged raport and saye thas the irst time he heard of any chequese, in any event, who could have thrown a flood of light in these missing
was on January 19th- Well, I did make a report to him, happenings and I ask you, why, in these circumstances, you kept your hat he did not given me any reply, month shut?-I did not keep my He didn't say anything to me.
mouth shut altogether and I did
December cheques, I understand, not attach much importance to, it are sometimes signed by Mr. "You did not open it to any pur-Messer and Mr. Black & few days pose
ahead No, only salary and pen- sion cheques.
*The Conndence Which You Enjoyed."
When Mr. Messer comes to the box and if he sticks to his evidence given at the Police Court, he would' also say that his discovery of the shortage in the cheques was also on January 18th I just tell you and you need not comment upon it. Now did you of did you not report to Mr. Messer that 50 cheques were missing from the Government Cheque Books?—I say I did
Bad Day For Tsang."
Mr. Jenkin: You were the prin cipal person connected with these cheque books and cheques. Mr. Black comes back from the Bank with this astounding discovery and do you say that you forget as to whether or not you had any con versation with him or spoke at all about it-Because that was a very bad day for me.
Did you take to Mr. Messer book "F" the cover of which was alter- What do you mean by bad day? ed and from which thirty cheques-Soon after that Mr. King came were extracted ?-No, I did not.
With your command of the Eng lish language and the confidence which was placed in you by Mr. Black and Mr. Messer, it would have been the easiest thing for you to report quite clearly this very simple incident 1-It would be very easy.
You could have told them that
two covers had been altered, and that thirty cheques had come out of each cheque book 7-I could
I ask you this obvious question. Why did you not do it? At the time I told Mr. Messer about Exhibit G," he told me. "You can receive the book.".
That is not my question. Why,
did you not do it?--I did make the
along and asked me to put every thing in shape and detained me and told me I could not go.
Detained For Twenty Days. Are any of the salary and pension cheques signed in blank?
Mr.
Potter: Such questions should be put to Mr. Black, who Black was in the box, this question signed all the cheques. When Mr.
was not raised.
Mr. Jenkia (to. witness): Were any salary and pension cheques signed in blank -No, never."
To whom do you give cheques for conveyance to Mr. Messer After I have filled them up, I send them to the abstract clerk, who would send them in to Mr. Messer..
You say that on January 18th, you were detained by Mr.
Can you give us any rational reason why there was no conver- sation with Mr. Black as to the discovery of these thirty missing-Yes. cheques Since Mr. Binck did not start the conversation with me, how
could I?
That may be a quite fair answer. Did Chung tell you on his return From the Bank that Mr. Black made this discovery at the Bank 1-What sert of discovery?
Did Chung come back from the Dank with Mr. Black ? Yes.
Did you see him 7-Yes. had discovered in the Bank that Did he tell you that Mr. Black
thirty cheques were missing from book "F" 1-No..
Never said a word about it ?—No. Did he say a word as to what happened in the bank except to hold up that memorandum from
Re-examined by Mr. Sheldon, wit-ever, the party responsible for the nex, said that he bad received the boy's presener on the boat was cheque book "F" in its complets where to be seen, hor has he form on December End. He first since been tracked down. The boy
was restored to
hia over-joyed noticed the alteration in the cover
parents at No. 33 Reclamation on December 21st. He could not Street, Kowloon. say how the cheques were extracted. Although he was detained for twenty days, the Treasury could not And any evidence against him.
on January 18th that be frat dis Questions From The Jury. covered that cheques were missing. Mr. Ho Kam Tong: While from books "E" and "F." The Carvalho Yeo was in the same discovery was made about ten days. office with you, had he any oppor-before, the end of the year; when taity of seeing any papers, or Tang On Wing had to order an cheques on your desk or elsewhere other 200 cheques. The latter told him in the General Offics that the in the office-Yes he had.
Bankr had sent 400 cheques instead, Tanng also said that he was 60 cheques short.
Mr. Arnold: I want three cheques to be filled up in the Court in the same way as the alleged forged cheques. The cheques were then handed over to witness-cheques applied by Mr. Arnold, and wit- at referring to the alleged cheques Bess was made to fill them up with
un exhibit.
Continuing witness said that from what Tsang had told him he drew the inference that the latter wanted 60 cheques more.
He had never signed the alleged forged cheques. He was positive "This he did with care and using as to that. Of the three "payges his own pen. After the cheques had mentioned in the alleged forged been Alled up and submitted to the cheques, he only remembered sign- jury, Mr. Arnold asked Is Teanging a cheque for 380 in favour of Man Kun, a relation of yours? Man Lee. It related to a refund No, his surname is Cheung. of deppet placed by Man Lee when tendering to supply certain stores to the Treasury, Witness also had a strong recollection of the name. Katz. This name was prominently brought to his notice when he was holding the post of Captain Super- intendent of Police during the war.
Mr. Braga: Before the date of the discovery of the missing, che Kingques, did the accused at any time approach you to ask to be shown the cheque book-No, but be used to come near my desk sometimes. dates did you see him remove either Mr. Braga And before those
Were you taken away by Mr. King in custody Yes
To the Central Police Station? Yes.
Were you detained from then of the cheque books from the safe? until you were discharged some-Never. days later I was allowed to go home the first night in the custody of a detective.
You were brought up at the Police Court and charged, but Mr. sury withdrew the charge, against Hazelrigg on behalf of the Trea
you?-Yes, after twenty days.
Your assistant Cheung Man Kun was also discharged at the same time 7-Yes.
No evidence was given at the Police Court and Mr. Hazelrigg
report to the best of my ability,
Is that your only answer? Yes, that is the best answer I can give.
Mr. Jenkin: When you made this so-called report, were you keeping anything back from "Mr. Black or Mr. Messer-No, I had the Bank -Yes he did. He told withdrew the charge against you? no such idea in my head.
me the missing cheques. were here,Yes, but I had to make atate- There was INC reason in the meaning
ments before. Mr. King. world why this happening should not have been broadcasted by you round the office -Because I at tached to importance to it; chat is why I did not.
Let me take you to January 18th. As a result of checking the pass bock you say that you had dis covered that three items were not debited 7-Yes.
At that time you knew what cheques were missing?-Yes..
Chung Mai Eun, your assistant, was sent off to the Bank to make enquiries 7-Yes.
You and be were always working together because you and he were responsible for the filling in of cheques ?--e
Also Told His Assistant. Did he know about the missing cheques -Yes, he knew" about it,
All along He knew it from the time I made the report to Mr. Black about receiving 400 cheques
That is December 1st 7-Yes.
How do you know he knew about it-Did you tell him--Yes. I told him.
And that at the same time as you told Mr. Black Before I told Mr. Black.
ידוּ
When he came back from the Bank You were asked about the writ- with M Black, Tsang, he did not ing in the body of the chequen?--- converse with you ?-No.
His First Source Of Information.
Did he go to his desk, next to you-Yes.
And although this unusual oc- purrence had taken place he did not tell you Look here, Mr. Black has discovered that thirty cheques are missing from this book 11-When the memorandum came from the Bank, the cheque
stubs were taken from me.
When Chung came back from the Bank with Mr. Black and went
Yea
You gave explanations to the effect that the writing in the body of the cheques was not your Yes.
Did you point out the "2" in Katz being different from yours?
I did.
Cross-examined further in re- gard to his bandwriting, witness gave several peculiarities and said that since his discharge and a few days before the trial, he had dis- covered more points in the three alleged forged cheques which differ-
Mr. Rocha: Did it ever occur to you that since you had given a receipt for 600 cheques, you should report the matter when you die covered that there was a shortage writing cheques wher, a mistake is of the cheques-Never.
11
Mr. Alves: In the course of
made in the body of the cheque after it has been "signed, what do you do with those cheques-If the cheque has already been torn out from the book, I would stick it on the stub again, and if not torn out, I would fold it up and left it re- main in the book.
Mr.
Faked Handwriting Alleged. During these questions, Jenkin had in the meantime made careful scrutiny of the three cheques witness had written in Court. He asked his Lordship to have them marked and put in as exhibits, saying I shall have to make capital out of them."
Counsel then drew his Lordship's and the jury's attention to the besitations and breaks in the writ ing, referred to above.
Turning to the witness, Counsel asked: Tell me, while sitting in that desk writing these cheques out
to his sent, did he or did he noted from his usual handwriting, at the request of the jury, were
These points were discovered by you not faking your handwriting himself and not prompted by day--No, I did it to the best of my
ability. Serious Allegations. «
Mr. Jenkin: Certainly there was ability in it alright.
one.
tell you that Mr. Black had made the discovery at the Banki-No.
So that you had no idea from any source that Mr. Black had made, the discovery at Bank 1. Mr. Jenkin: Is it your case that Well, I heard it from Mr. Messer. you always formed certain letters Was that your first source of in and certain figures in one way, forraation on that point -The and if they are not formed in your first time I heard of this was in Mr. Messer's office but I forget way, they are then not yours in the way it is done on these
who told me.
Were there a number „of people present -Four or five.
--He had, not arrived then.
Yes.
Yes.
Mr. Jenkin: I renew my chal- lenge to you that if you can show me an example of an "A" broken
cheques, before this matter ever Because your capital "E" has a arose, I shall be glad to see it
and if there is no loop in the I believe I can find one.
од the alleged forged Mr. Potter: I have discovered Would that include Mr. King cheques, then it is a forgery two here written on cheques at the request of Mr. Russ at the Police How long before?About a quarts the Arst time, that Mr. capital letters in one way and it
Now, as soon as you heard, if Do you make all your other Court. ter of an hour.
Could Have Thrown A Flood Of
Black had discovered that thirty they are not made in that way, it Light.
cheques were missing from that is a forgery-If letters are not And I suppose you also showed that there were, thirty more miss sider it a forgery.
book, did you at once tell them formed in my usual way, I con. him that the covers were altereding from Exhibit "E"-Yes, I Counsel then examined witness I remember I did.
did..
at some length in respect to the Is Chung still in the Treasury At once! That is the point? formation of his letters, particular service-Yes-
I must think. Mr. Jenkin then asked witness if After a while, witness said that with the peculiar way witness formed his A as detailed above. he agreed that the Bank numbers he at once told Mr. Messer,
Witness was made to write several on the missing cheques were 239171- As soon as you heard in Mr. words on a piece of paper, and $30200.-Yes.
-Mester's room that the thirty Counsel submitted these specimens Chung Man Kun to whom you cheques had been discovered miasto the jury and his Lordship to made this report was sent off hy ing from book "F" you at once
compare with witness's handwrit Mr. Black, you know that 1-Ye told them "Look here, there are
And then he came back with a thirty more cheques missing from ing on the Cheque Register kept by
memorandum f-Yes.
linen which numbers of the miss "Ing cheques were written faIEL
a that chit
another book "Roughly that is what I paid-
You brought the stubs in to, birr Messer and showed him that there I were thirty thissing Yes.
Speaking as to how cheques were brought to him for signature, witness said that every cheque must be accompanied by a voucher. There was no exception made in any case.
It was his invariable habit to check the total, the names of the payees and the amounts before signing. He had never sign- ed cheques in rows with the names
and amounts hidden by the first
cheque.
At the end of the year, it was the custom of the Treasury to re- double their vigilance, because in the first place he had to see that they bad the necessary funds as no overdraft wae allowed on the Bank without, the sanction of H.E. The always on Governor. They were the look-out was large amounts were on the cheques brought for signatures.
2
No Cantankerous Cross-examination.
Asked to speak of his discovery of the forgery, witness said that when he first saw those three cheques; he was struck by the fact that a signatures were very neat and they all looked alike. He had asked himself why his own misfor tune should fall on his countrymen. He also discovered (Laughter.)
the handwriting was not that Tsing's Witness had two sigaa tures one he used for signing cheques and the other for receipts.
Mr. Potter: Could you remember, Mr. Messer, if you were asked any question by Mr. Russ at the Police Court 1-I don't think he asked me anything,
The
Mr. Potter: That's just what I wanted to get from you.
•Contiming, witness said that the changes made in the Treasury after the fraud were not because he dis.. trusted Tsang On Wing changes were introduced for the purpose of getting clearer evidence if things should go wrong again in
ever Signed Cheque In Blank,
the Treasury, and also to provide for the fer custody of chéque books. Witness had nover signed a Air. T. Black was recalled to blank cheque during the time be elsat up the point as to whether in has held his present post. the Treasury they had ever signed Before the Court adjourned until blank cheques.
this morning, Mr. Jenkin, naked Mr. Potter: Mr. Black, would it leave to say a few words, in public, be trae, to suggest that you sign He said that much, publicity had blank cheques in the Treasury? been given to his coming reas Not a shred of truth in it.
examination of Mr. Messer, and be Witness added that no payments would therefore like to say that bis would be made unaccompanied by cross-examination would be nothing voucher. This applied to pension spectacular. Although he had a and salary cheques as well. public duty to perform; he was not going to be cantankerous in his Cross-examination. He would, of MR. MESSER'S EVIDENCE. witness.
Mr. Jenkin: If the handwriting Mr. Mcl. Messer, Colonial Tren. course, treat Mr. Messer with every is yours, then you are implicated surer, was then called to the box.
Mr. Messer said that he quite and associated with the swindle He statest in evidence that he had
Appreciated the position and that anginst the Government ?—I would held that past since 1918. It was he thanked Mr. Jenkin for his con
sideration.
be
J
courtesy.
1928.
זי
Wm. POWELL, Ltd.
10, Ice House Street
EVERY REQUISITE
FOR GENTLEMEN'S
EVENING WEAR
TO
For many years we specialized in Gentlemen's Evening Wear and have paid especial attention to the little details which so make or mar a man's appearance.
Let us show you our stock of Shirts, Ties, Collars, Socks, Scarves, Shoes, etc., which are thoroughly up-to-date with the prevailing fashion in the beat dressed circles in England.
NOW IS THE TIME
to order your DRESS SUIT for
ST. ANDREW'S BALL
we guarantee a perfect cut and fit...
Columbia Need RECORDS
ANew Standard of Realism
NEW QUEEN'S HALL ORCHESTRA
"PETIT SUITE DE CONCERT" (Coleridge-Taylor)
FOUR PARTS TWO RECORDS.
ANDERSON MUSIC CO., LTD.
GENERAL ACCIDENT, FIRE & LIFE
ASSURANCE CORPORATION, LTD. ›
THANK
GOODNESS LAM IASURED!
For Fall Particulars of Accident Insurance, Apply to the Agents-
JAMES H. BACKHOUSE LTD.
Hose (Bas-Flou)