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THE HONG KONG DAILY PRESS, WEDNESDAY, DECEMBER 5th, 1928.
PROFESSOR SHELLSHEAR'S CROSS-
EXAMINATION.
"I WONDER WHAT YOU WOULD THINK REMARKABLE."
** STATISTICS AND MATHEMATICS.“
ELEVENTH DAY OF CARVALHO YEO TRIAL.
The cross-examination of Professor Shellshear, the handwriting. expert called by the defence, occupied most of yesterday's hear- ing of the case at the Supreme Court before Mr. Justice Jacks in, which Carvalho Yes, formerly employed at the Treasury,is charged with having forged and uttered three cheques purporting to have been issued by the Treasury on the Hong Kong and Shang- hai Banking Corporation.
*
Mr. Eldon Potter, K.C., tried every means of shaking the Professor's evidence with regard to the signatures and the hand- writing on the body of the disputed cheques, which the expert con- siders genuine, but with little success.
Professor Shellshear admitted that the number of unusual. features which were common to all three cheques was "strange " but would go no further. Mr. Potter exclaimed "I wonder what you would think remarkable ?," but the Professor, who maintain- aa io- ed throughout the course of a long cross-examination perturbable dry and precise manner, refused to be drawn.
During the morning session at the request of Mr. Petter, the Professor wrote the name "Black" for" demonstration and counsel observed amid considerable amusement from the Court that Dr. Shellshear had quite unconsciously produced Mr. Black's signature" and added "I shudder to think what you could. do in a year's time."
.
Thus at the end of the eleventh day of the trial the position is that while the handwriting expert still maintains that the theques were not forged, the prosecution has been able to show that they have many features in common which are not well estab lished characteristics of the handwriting of either of the three men by whom they purport to have been written, and Mr. Potter licited an affirmative to his final question, before the Court was adjourned, that given the points we have found to-day, any man could picked out these three cheques, owing to certain peculiarities. they have in common. from a bundle of 2,894-and these three cheques are the three alleged forgeries
..
Mr. F. C. Jenkin. instructed by Mr. C. A. S. Russ, is for the defence, and the case for the Crawn is being conducted by Mr. Eldon Potter, K. C., and Mr. H. C. Sheldon.
A New Aspect Or A New Argument.
Mr. Jenkin, for the defence, said that before the cross-examination of Professor Shelishear was resurd ed he wanted to be clear on a point which bad, arisen at the previous hearing. He had gathered them from the cross-examination that the Crown was resting its case on cer- taiz statistics with regard to the signatures. He suggested that if so it opened up a new aspect which had not been previously mention- ed and he would have to call evi- dence upon it.
1
His Lordship replied that they could not go into it very deeply, and he, did not suppose anyone would want to. The jury would probably arrive at a decision with out it.
Mr. Jenkin: What case is the Crown making against me? Is "it, going to base it on statistics?
Mr. Potter stated it was only to drive home the impossibility of the three cheques being genuine. there was any fallacy, the jury would see it.
:
If
Mr. Jenkin: Well, if they say it is to be driven, home, then I have a right to drive it out.
" Characteristics" And *** Tasinrok "**
Counsel suggested that on look- ing at the enlarged picture, there could be clearly seen the upstroke of the pen in the letter "c" in the "Mo" which resembled an
e." That stroke appeared to break at the top of the "e" and the writer appeared to have recomi menced.
Witness: I should like the jury to see that.
He did not agree that it was open. to Mr."Potter or to any other person to take the opinion that the "e" had not been written in one con- ticuous stroke.
Questioned as to the blob which witness had previously referred to, Professor Shellshear said the blob was a common feature in many types of handwriting.
Professor Shellshear explained that when he used the word
characteristic " he was referring i merely to features and was not sug gesting it was distinctly characteris. tic in that person. He did not mean it was present in that person's writing and in the writing of no one else.
Mr. Potter asked whether the crossing on the cheque was charac- teristic of the writing of Tsang On Wing.-No.
Asked why Tanng On Wing could not have used the red-seal crossing chop of the Treasury, witness re- plied that that was not a question for a handwriting expert.
Witness was asked to find from among the 2,824 cheques, speci mens in which the "T" and the "B" were co-related in the same manner as in the three allegedly forged cheques. Mr. Potter in making that request, drew atten tion to the position of the "B" and the slope of the "T," and their proximity to each other. Witness said he could not find no such cheques...
In regard to Mr. Messer's signa ture, Mr. Potter drew attention to n certain "e formation in the "Me and asked witness to pro- duce a single cheque where there was a similar "e" formation in the
Me."
- Witness replied that he could not produce any, but bad came across. three or our doubtful in-
stances.
A great rarity -Yes. "Any Man Could Pick Them Out,”
Mr. Potter then drew witness' attention to the three signatures of Mr. Messer which were alleged to be forged. He said the lines under Mr Messor's signature appeared to run along the dotted line.
Witness agreed Counsel, after getting witheas to examine
a number of cheques. observed that in about ninety per cent. the line ran off the dotted line.
In regard to Mr. Messer's signa- ture in relation to the right edge of the cheque, witness agreed with Mr. Potter that only seventeen cheques bore signatures as much to the left na in the case of the Katz cheque. Only two specimens bore signatures so much to the left as the Man Lee cheque.
Mr. Messer, Mr. Black and Tsang On Wing were called to give evi Shades Of Pen Pressure, dence as to handwriting, continued
The cross-examination, of Pro- Mr. Jenkin, and it was only in re fessor Shellshear by Mr. Potter examination by Mr. Potter, alter
was than resumed. Witness agreed he (Mr. Jenkin) had sat down, that that there were ordinary pen pres- Mr. Messer was asked as to the eures, on the left and right of the probabilities of three cheques (the stroke and the neutral" pressure. alleged forgeries) being signed by He further agreed that a forger Mr. Black with the co-might, by accident, exert any of the cheque, from the 2,824 specimens Asked if he could produce any mencing in a certain place, out of three pressures so that the writing in Court, which bore all the char nearly 3,000 cheques.
coincided with the genuine hand.
asteristics which Mr. Potter had' Mr. Potter, for the Crown said At Mr. Potter's request the wit: pointed ous as existing in the alleg that he failed to appreciate Mr. ness copied the pen' pressure ed forged cheques, witness replied Jenkin's objection. Out of 2,884 evidence in Mr. Black's signature. that he could not. cheques they would not find one Mr. Potter commented that it was with the B of Black starting not a bad forgery and witness had in the same place as it did on the forgotten nothing not even the tirk alleged forgeries. It was a new at the end of the "k." Of six form of argument but not a new specimen signatures of Mr. Black point.
handed to him the witness agreed that four showed pressure to the right but he was doubtful of the other two.
His Lordship asked Mr Potter whether he intended" going any further with the point.
Mr. Potter replied that he did not, except on the facts that had been proved and established. The point was merely what were the probabilities as to the letter starting in a certain place.
Mr. Jenkin stated it was not question as to whether they were He going any further with it. wanted to know whether they were going into it at all,
1, and whether any weight would be given to it If it was going to be proceeded with, he would meet it.
liked.
"
His Lordship pointed out that Mr. Messer made the statement in the box and it was not challenged.
Mr. Jenkia: It was in re- examination.
',
Mr. Potter: Will you take it from me that I took those cheques from a bundle at random and that is the result 7-Yes,
Will you accept this from me. that Mr. Black, in fact, exerts pres- sure both on the right and the left-Yes. I would like to point out that in Mr, Black's "B" and "k" the pressure is greater on the left on the specimens I have been
looking at.
Mr. Potter-I dare say in those Itters I could find pressure on the right.
J
Pressure And The Forger,
Mr. Potter: I put it to you that if you like to take any number of cheques and I put these three forged cheques amongst them, you will pick these out of any number, occe I give you these points!
Any
Witnese: Yes, I would. man could pick them out.
Mr. Potter: Thank you very much.
Characteristics Of Defendant's Handwriting." Resuming the cross-examination in the afternoon session Mr. Potter asked witness if it were characteristic of Tsang's handwrit- ing that he placed the dot of an "?" high up and in the form of a stroke from left to right and that
nct a
if often appeared to the right of the letter.-Yes,
Witness agreed that a cheque drawn on the Instone Banking Corporation by " Chan Man Wai
one of the aliases used by Yeo) showed the same type of dot as far as the direction of the stroke was
concerned, its inclination and po tion. The same qualities were ad- mitted to be present on two other
Mr. Patter said that he was not going to give up his argument. Could it be seriously said that be were the could not ask what probabilities of any three cheques Mr. Potter: I suggest to you that out of 2,824 being signed with the any man who has imitated that in a certain place! Mr. signature and followed the form of Jenkin talked about science, but he it must reproduce similar pen pres could answer it in any way be sure if he is, to produce a passable forgery? I don't care what method
Instone cheques and two drawn on he used, he would inevitably re- produce the same pen pressure the Netherlands Bank by J. K, He will not reproduce ita quality.
I put it to you that a man, and some men are gifted in this way, "A Right To Drive It Out," can copy that signature for a day. -Remarking that Mr. Lakin had a week or six months, and he will not pressed the point, his Lord. then be able to put aside the ship, said they were going round cheque or document from which he the fringe of the matter and he did was copying, and will be able to not think they would go deeply reproduce the signature as if it were into statistica. They might have his own, because he has made it to, although he did not think the his own That is what I do not
believe.... jury would wish to
Mr. Jenkin remarked that his I suggest that you made a good Lordship had just said they might beginning yourself 1-It was full of have to go into it.. Were, they taults. going into it or not? If so, then
Mr. Potter: Never mind, there the defence should havó a chance are far more cogent points in this I-to-most it.
caso than this,
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cents-but-in-exhibit-C-you-have-
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in two out of three you have the formation which Teang is not in the habit of using.I would not go so far as to say that," replied the Dec. 14th, 15th, 17th, 18th, witness, but da the question being
21st and 22nd at 9 p.m. repeated he agreed "Yes"
MATINEE: Wednesday, Dec. 19th at 4.30.
Mr. Potter: The "a" in "thou- sands in exhibits A, B and C is open at the top. I put it to you that you can go through all his December cheques and find no o
in exhibit B. comparable to the "o" d'Almada."
I have been through a few for Witness admitted further that that point and I found two in which the bandwriting of Tsang and Yeo the" is opened. had the same characteristic of Mr. Potter: I put it to you, as a "round a fact, that of the December bringing the end of the s when writing "3" as in "thou cheques only 8 out of 100 have an sand," a letter and several cheques open D being handed to witness to establish parable to the opening in exhibit this point.
with Mr. Potter put it to the witness Yes, I believe that is
-as-an or regard to the word "thousand " that Tsang wrote "c dinary capital in co on the but I cannot say about other words.
Various cheques drawn by the de- (By. cheques, but in the word "cents"
"b."
fendant on the Instone and Nether he had written it more like a
Witness: I haven't made records lands Banks were then handed. to witness, who agreed that the "o" were open but said that it was an of that but I have noticed it.
entirely different shape of opening. (Continued on Page 8.)
Mr. Potter In the two cheques, exhibits A, B, there is a clear "B"
...B...
and none of them is com
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