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THE HONG KONG DAILY PRESS, SATURDAY, DECEMBER 1st, 1928.
CORRESPONDENCE.
MRS. SOUTHORN EXPRESSES M.C.L. COMMITTEE'S
THANKS.
(TO THE EDITOR OF THE "Beya xoxo
DAILY PRESS
་
Sra, I shall be glad-if-you will allow me to express through your columns the warm thanks of the committee of the Ministering Child- ren's League for the splendid belp received from so many quarters for! the fête at Lee Gardens.
The accounts have not been final- ly made up, but we hope to publish them shortly. In spite of many counter-attractions and the lateness of the date, we feel sure that the result will be thoroughly satisfac- tory.
First, I should like to put on record my deep appreciation of the untiring and devoted work of Mrs. H. T. Creasy, on whom the prin- cipal organisation and the ultimate success of the fête devolved. In this she was ably seconded by Mrs. Charnock,
In addition to these, we are greatly indebted to the Executors of the late Mr. Lee Hysan in lend- ing us Lee Gardens, and for giving us so attractive a venue for the fête. Mr. Richard Lee was inde fatigable in his help in everything connected with the fête. Mrs. Lee Hyann provided Chinese tonjurors and a firework display at her own expense.
To Lieut.-Colonel Comyn, D.S.O., C.M.G., and officers, we owe the great attraction of the Band and Pipes of the King's Own Scottish Borderers..
To Lieut-Colonel Ponsonby, D.S.O., M.C., and officers, the Band and Flutes of the Queen's Royal Regiment, and
To Major Vernon and officers, the Band and Pipes of the 3rd Battalion, Punjab Regiment.
THE DEFENCE IN CARVALHO YEO
TRIAL.
TSANG ON WING ALLEGED TO HAVE BEEN DOUBLE-CROSSED.
WERE THE CHEQUES FORGED?
MR. JENKIN CONTENDS THEY WERE
OBTAINED BY A TRICK.
When outlining his case for the defence yesterday in the case in which Carvalho Yeo is alleged to have defrauded the Hong Kong Government of a sum of over 8260,000 by means of three forged cheques, Mr. F. C. Jerkin said that he could bring "conclusive evidence" before the Court to show that the three cheques in ques tion were not forged. He was not going to put the prisoner in the box to give evidence, but would call Dr. Shellabear to say that the signatures of Mr. Black and Mr. Messer as well as the handwriting of Tsang On Wing were genuine.
Counsel submitted that the jury had only to concern thera- selves with the question as to whether or not the cheques WETO forged. If they found that the cheques were not forgeries then prisoner could not be held guilty for having uttered three forged cheques. He would assume that the prisoner had passed the three choques in question and had obtained the money for them, bat the jury had to satisfy themselves as to whether the Crown had put a full case before them. Mr. Jenkin submitted that the Crown had fallen very short and that they had not proved the ease to the hilt. He also alleged that Tsang On Wing was a party to the swindle and that he had been double-crossed" by the accused.
Mr. Jenkin then referred to Mr. Potter's remark in opening the case in which he said that Tsang On Wing could not be a party to the fraud, because if he had been, he would have bolt- ed instead of remaining to be arrested. Copnsel argued that. there were more reasons then one why Tsang did not bolt. He said that Tsing stood to share in the illicit gains but unfor tunately for him, he was double crossed. Mr. Potter registered à prátest, aying that if Mr. Jenkin had had this in mind, he should have put it to Tuang when the latter was in the witness box. His Lordship upheld Mr. Potter's objection.
14
Mr. Jenkin then assured the jury that the three cheques in question were no forgeries. He commented on the fact that the Crown had at first intimated that they were going to call Mr. Dover to give expert evidence in respect of the signatures and the handwriting, but at a later stage of the trial they withdrew Mr. Dovey. Mr. Messer bad said that Mr. Dovey had spent a great deal of time on the case and had been jaid by the Treasury for his services. The Crown's failure to produce Mr. Dovey was a significant point and the jury should bear that in mind. Police Records Not Produced. "Masters Of The Situation." Yesterday afternoon
the Continuing, Mr. Jenkin said
Counsel said that if the Crown had kept their case on the hypo- | thesis that the cheques were ob- tained by means of a trick, they would be in a different position, because its accused had got the money and he would have to answer that point. Now that for gery was at issue it would be for the jury to decide whether, those cheques were certainly forged... Whether or not the signatures were forged, Counsel said, they kad had many amusing incidenta in Court as to that matter, Mr. Messer had put forward points in regard
to his signatures. Mr. Black häd aiso said that he would have accepted the signatures in question as gesuine if the
of the body
cheque had been covered. Mr. King had said that Mr. Messer had also told him that he would have accepted these signatures as genuine.
Mr. Jenkin On Forgery. Touching on another aspect of the case, Mr. Jenkin said that be had already commented on the non-production of witnesses.
It was all very well for Mr. Dovey not to be called an a hand- writing expert. It was äve years ago that he (Counsel) had been on a case with Mr. Dovey, It was a similar case-a case relating to a forged cheque. Mr. Dovey said it was a genuine cheque and the bank said it was forgery. An unfor tunate incident occurred and aria- ing from that incident Mr. Messer had said in the witness box that he did not consider Mr, Dovey an expert. That unfortunate incident to which Mr. Jenkin referred to was that he had obtained a war- rant from Sir lees Davis, the then Chief Justice, to seize a ship. Mr.
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Jenkin himself forged the Chief S. Moutrie & Co.,Ltd.
Justice's signature overnight by ineans of graphite on another war rant, and when submitted to fix Lordship, Sir Rees Davis claimed the signature was his own.
be
No sane man would dare to say that a good forgery was not. Bis Low signature. From this it was obvious that Justice insisted upon every possible assistance to given to the jury. Taking thei Crown's case as it had been pre- sented, could any jury say that they were satisfied."
Are You Satisfied? Continuing, Mr. Jenkin said: "1 leave it to you to wonder why Mr. Dovey was not put in the witness box. Are you satisfied that the trick hypothesis is right or that the cheques were forgeries, Trang-Oo- Wing had been explicitly silent and Mr. Messer had very cleverly de- fended him. The Colonial Treasurer and that his faith had not been in the least shaken. He even condon- ed his silence because of his men
as it? tality. But what kind of mentality
The Massed Bands performance, ninth hearing of the trial of Car- that the gentlemen of the jury said that he had great faith in hím
under the able direction of Mr. Fitz Earle, A.R.C.M., Band Master, was recognised as an outstanding feature of the show, and we are very grateful to Mr. FitzEarle for ar ranging the programmes.
A special hearty word of thanks is due to Capt. Abbott, who had the entire musical programme in
hand.
The Hong Kong and Shanghai Hotels, Ltd., once again proved a valuable friend to us, and it is to Mr. J. H. Taggart that so many thanks are due for providing teas and suppers for the Bands, and for lending the Hong Kong and Shang- hai Hotels Augmented Band.
Mrs. Wylie and her helpers-set forth a most attractive tea, and only those behind the scenes know the amount of time and work that this entailed
To the Captain Superintendent of Police are due many thanks for the valuable assistance given to us by
members of his staff.
Mr. A. Shields was respon- kible for the arrangements of the very successful dance, and we thank
him most warruly.
ན
valho Yea before Mr. Justice P. Jacks
Counsel engaged on the case are Mr. Eldon Potter, K.C.. and Mr. E. G. Sheldon, for the Crown, and Mr. F. C. Jenkia, in- structed by Mr. C. A. S. Russ, for the defence.
Mr. Jenkin cutlined the defence yesterday and did not conclude until 4.45 p.m. At the commence- nent of the sitting, he told his Lordship that be had not been able to obtain the file mentioned the previous day from the Police de partment. He wrote to Mr. King and in reply he received a letter to the effect that the C.S.P. would not consent to the file relating to the prosecution of Tsang On Wing and others being produced in Court,
Mr. Potter said that before Mr. Jenkin opened his case, he would submit one point-a point which he would make in his reply that it had been suggested that Mr. Holmes, Crown Soliciter, had had his own views in regard to the cage when he framed the charge against Tsang On Wing and Chung Man Kun. He would like to say at this stage that the views of a third party were not part and parcel of the case either for the Crown or for the defence.
OPENING SPEECH FOR THE DEFENCE.
were
the masters of the situation and that, in fact, they were the judge, subject to Eis Lordship's directon.
He would, therefore, impress on them a few sclient fac tors in the case. To begin with, be would leave out the accused. This was a small community, he said, and he would join with his learned friend, Mr. Potter, in ap- pealing to the jury at the outset to dismiss from their minds whatever views they might have en tertained before the trial started.
The first salient point was, Counsel mid, that he would con- cede that the man in the dock was guilty of criminality. even go so far as to say that ae cused had had the cheques with which he had obtained the money.
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The Y.M.C.A programme for December makes provision for rambles, sports and Sunday even- ing quiet hours conducted by bocal Counsel then referred the jury to clergyman. A ladies' night will be the fact that although Tang Onheld on Thursday, the 6th Decem. Wing had had the use of the cheque ber, and on Christmas day & special book on December 30th, he did not. discover. that the numbers on the tifin is being held to which mem. cover had been tampered with until bers are at liberty to invite service
He said that December 221d
Tsang was Cecillating like the gucets.
A whist drive is to be held on pendulum of a clock and asked whether the jury was satisfied with Thursday, the 13th December, which his evidence. According to Mr. is open to ladies, tickets, 81 each, Messer, Counsel said, Toang wha like the King, he could do no can be obtained. He would wrong,
Treasury Fun In Shocking
Manner."'
The rambles are to Dingley Del to-day and on Boxing Day an all day outing has been arranged to Taimoshan to which ladies are invited.
од
But that had nothing to do with Remarking that the Treasury was the question at issue, Counsel sub-run in a shocking manner, Mr.
A special series of talks mitted. "The question was whether Jenkin. put it to the jury that the or not these cheques were formed. hypothesis that the cheques were Chinese customs win the tiers of That was the one and only issue.
obtained by means of a trick should Chinese speakers the particulars Never Intended To Attack Mr..
commend itself to them as it did which are not yet, announced. to Mr. King for some time. There Messer.
was another point which he would Mr. Jenkin pointed out that a non-production of Chung Man Kun. Mr. Jenkin could not break down In support of this contention, like to mention and that way the Mr. Potter remarked that sinc the Police Court, Mr. Black was He was Tsang On Wing's colleague the cogent point that his client had cross-examined by Mr. Russ, and and was therefore in a position to uttered the cheques, Taang was the therefore accused of being in the the evidence given by Mr. Black throw considerable light on related to the procedure in the matter.
swindle. The defence was appar- Treasury and to the issue of the
Counsel then commented on the ently one of fraud and not forgery. cheques.
curious manner in which the cheque His Lordship agreed with Mr. It had been suggested that he book cover was discovered on the Potter that Mr. Jerkin should have was going to make a severe attack desk of Tee Yes On. He said that put the facts before Tsang when on Mr. Measer, but that had never the staff of the Treasury had search- the latter was in the box, and that been in his mind. He had nevered high and low and eventually be could not make capital of it now. had the slightest intention of mak: found the first cover on Ise Yee ing any attack on Mr. Messer.
Prisoner Would Not Be Called.
Mr. Jenkin said that since, ac-
And we are specially appreciative of the efforts of the American ladies of the Colony, who pat so much time and trouble into their attrac- tive Candy Booth, and made a very substantial sum For the fête.
Outlining his defence, Mr. Jen- Special and sincere thanks arekin said that the question before also due to ima
the Court, taking the indictment Two thirds of Teang On Wing's a's desk and yet this man was The Hong Kong Electric Co. for
into consideration, was a simple evidence at the Police Court dealt not called: He should be able to mording to Press captions, many a generous donation.
one. There were only two points with the Treasury routine and the throw some light on the matter.
sensations had happened in Court, The British-American Tobacon to consider. Firstly there was the rest with the direct hypothesis as
Allegation Against Taang. he would spring another sensation. Co. for a generous donation of charge of forgery and secondly the to whether or not the cheques.were Mr. Jenkin then dealt with Mr. He would not put the prisoner in cigarettes, and the Nanyang To-charge of altering a forged docu- obtained by a trick. Therefore Black's silence in the bank when the box.. bacco Co. for a similar donation; ment knowing it to be forged. under the circumstances, be would he went there to get the three It was for the Counsel for the through the kind interest of Sir
The whole crux of the case, submit that the Crown had failed cheques. He said the reason why Crown to put forward a case but Shou-son Chow,
Counsel submitted, was "yea or to put a case before the jury a Mr. Black had kept silent was be they had fallen very short and had này" whether the document was it was their bounden duty to do. cause he did not know anything not established the necessary moral forged. If not forged, then the ne Counsel said that he would have about the cheques. Therefore alt certainty, Mr. Jenkin said that he cused could not have uttered to labour this point. The Crown that he had said about payees being would call Dr. Sheilahear to prove forged document.
had failed to present a case sup unknown and the amounts being to the satisfaction of the jury that ported by evidence of material im too large was not true.
the cheques in question were not portance. He would remind the
It was also, Counsel said, claimed forged. jury that Mr. Dovey had been con- by the Crown that the fact that Dr. Shellahoar, Counsel said, bad, sulted as to the signatures and Tsang did not bolt clearly showed been referred to by Mr. King, who handwriting Mr. Messer had said that he was innocent. Mr. Jenkin admitted that the Crown had at in evidence that he had paid Mr.submitted that the reason why first wanted to obtain his services. Dovey's fees and that Mr. Dovey Taang did not bolt was because he but they were too late, because Dr. had even graced the Court with his stood to share the illicit gains and Sheilshear had been retained by the presence during the course of the that he had been double crossed by Hong Kong Bank. Counsel said sitting; and yet he was not called. Yeo.
that Dr. Shellabear was an expert The Two Hypotheses.
Mr. Potter-protested saying that on handwriting of many years Continuing, Mr. Jenkin said if Mr. Jenkin admitted his client standing and that he would put case two was a swindler and that Tang was before the jury convincing details. that throughout the hypotheses had been entertained. & party to the swindle, he should to show that the cheques were The first one was that the cheques have put to Tsang what part he genuine.
Counsel then dealt with the were obtained by means of a trick, played in the swindle and, whether the second was that the cheques he was double crossed. Counsel characteristics of handwriting at were forgeries.
said that it was Mr. Jenkin's great length and said that all As regard to the first, hypothesis, bounder duty to have put the facts peculiarities could be seen through they had heard that even Mr. to Tsang when the latter was in microscope. He would also call Mr. B. A. Green and Mr. Proctor Metser had entertained that view, the witness box.
of the Hong Kong Bank to testify in fact it first came frein Mr. Messer. Secondly an astute police
that Mr. Black had made no protest officer like. Mr. T H. King had
that his signatures had been forged worked on this theory for six
whilst at the Bank.. weeks
Mr. W. J. Anderson, P.W.D., ac-| counts office, who with his staff con- sisting of Messrs. Hagger, Hors ford and Sugars, assisted by the Rev. Waldegrave. Mesars, J. Deakin, Counsel said that he had been at W. Edge, T. V. Harmon, J. Barrow, the bar for many years and that S: Jenyns and Capt. Johnston, ran the gentlemen of the jury might the accounts and finances of the also have been serving as jurors Tun o' the Fair so well and so over a number of years. There elficiently-
fore they might know the difference "All other kind friends who helped between an action in the Civil to make the fête such a success, and Court and criminal proceedings, last but not least, the Press, for In a Civil case, Mr. Jenkin said, their valuable help and kinduces in the jury was entitled to consider making known the date and objects the, probabilities of the case, but of the fête.
in a criminal action, the prepon- Our special thanks are due to; Mr. derance of the evidence counted. B. Wylie, who devoted no end of That was to say that before the time and trouble to assisting us injury could stigmatise anyone with every possible way, to Mr. J. P. a criminal offence, they would have Braga for working up interest in to be sure that the man was guilty the fete, and to Mr. E. 1. Wynne- beyond any reasonable doubt, Jones for valuable assistance in Therefore in this case, they would have first of all to find whether or many ways.
not the documents were forged.
Counsel said that he could show the jury that the Crown had brought all the available evidence at their disposal and that there was nothing more to explore Do the evidence produced, the Crown
And to every stall holder and all who helped us we wish to express heartfelt "Thank you."-Yousra faithfully,
BELLA SOUTHORN... Government House,
November 30th, 1928.
Mr. Jenkin replied that he did put to Tsang that, the writing in the body of the cheque was his band writing and that being so, he was He views were late in the windle I hanged to the forgery theory † (Continued on nezt Column)
(The cash #ill be contínu
Monday morning.