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532D
THE HONG KONG DAILY PRESS, FRIDAY, MAY 10, 1929.
K.C. CROSS-EXAMINES HANDWRITING
EXPERT.
MR. POTTER RECALLS FAMOUS FORGERY CASES.
DRAMATIC MOMENTS IN YESTERDAY'S HEARING OF BANK CASE.
LANTERN SLIDES OF TSANG'S WRITING.
During yesterday's hearing of the action brought by the Attorney-General on behalf of the Government against the Hong Kong and Shanghal Banking Corporation, arising out of the Treasury frauds, before the Chief Justica (Sir Henry Gollan) and a Special Jury in the Supreme Court, Professor Shelishear, of Hong Kong University, continued his evidence-in-chief."
The Court adjourned during the forenoon to His Lordship's Chambers, where a screen and projector had been arranged for the purpose of screening, by means of lantern slides, for the Jury's benefit, portions of writing to illustrate the points brought out by Professor Shellshear.
The lantern demonstration in the Judge's chambers lasted an hour and three quarters..
PROBLEMS OF PEN PRESSURE.
On returning to Court, Professor Shellshear continued his evidence in-chief, in the course of which he gave detailed and technical descrip- tions of Tsang On Wing's hand- writing.
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Witness said he had made an ex- number of known genuine cheques bearing Tanng's handwriting, which contain- ed certnia observable and signife-
ant forms of habits. These witness described in detail, after which he said that the writing in the bodies
An Exact Science. His Lordship: You claim that the detection of forgery is an exact science, and that by its application writing "A" and writing "B" can be classified as genuine or spurious?
He has been of considerable as sistance to you throughout. Be- fore this case I mean? In getting your evidence —Yos.
. Did you
consult anybody else before you decided to make the claim I took my own respon sibility.
But be perfectly clear about this.exact. Did you consider anybody else - don't remember.
Witness: The methods in use are
Counsel: That was never put to
you.
4
How came you take up handwrit
His Lordship: That is not the ing study at all I became inter- answer I want, doctor. To call & eeted in it about five years ago..
science exact is a big thing, Were you advised to take it up The law, for instance, is not by any was asked to look at cheques,means an exact science." (Laugh-
ter.). and pass opinion on the writing.
That was, of course, long before Mr. Jenkin.
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Was Mr. Jenkin present. My me. mory is a little hazy.
Who did you ask for I can't remember.
That is very fair of you, Doctor. There are two big points at issue in connection with your method of detection, and there are also two big difficulties. The difficulty of Try to remember! Who brought it calculating, and the difficulty in to you?-It was brought to be in estimating, pen Fressure, etc., and the office, and as near as I can these merely emphasise the point say it was brought to me by Mr. that the expert might disagree with Proctor, and it is quite possible it sou-There might be a good deal is Mr. Proctor I asked for it. of opinion.
'..
The Yeo Case,
of the three disputed cheques show the Yeo case! Who asked you by which you and I play golf, doctor the defence, and you told me that!
ed the same forms and habits as in genuine writing.
With regard to pen pressure, the signatures were more marked on the disputed cheques than the writing in the bodies, but the pressure observable in the bodies of the dis- puted cheques way similar to that seen on genuine cheques.
Professor's Cross-Examination. Counsel: When were you retain ed by the bank in connection with these cheques I am not certain; I think it was the 19th or 19th of January.
tainer-It was not written.
Did that start your career as an expert -Not in handwriting but on the neurological side. I had taken it up before.
Mr. Potter: Nor are the methods
(Laughter.)
Mr. Jenkin:
And certainly not when you hole cut in one. (Laugh ter.)"
Ah! That is the nervous system. Mr. Potter: No. As my learned to which you are referring That friend say, there is no science in forms part of your career, I sup-that. pose 1-Yes.
Witness: What I meant to imply was that the method are applied exactly.
His Lordship: That is a different thing."
Were you justified in asking for it without the consent of the "Gew ecnment -I had some, consultation before I went,
With whom I think with coun- sel, but I could not be certain.
I want a word about the Yeo case, not for suggesting that the jury are bound in any way. They are as free as the air, but it is im portant from your point of view, You realised that a paper bearing Docter. At the trial, which lasted specimen signature of Mr. Black about thirteen days with a special was a highly confidential document 1 jury. you, were the only witness for-I suppose it was
So that in addition to cheques although you were a witness your from the Bank, vouchers from the one and only client was the Hong Treasury, you had a specimen and Kong Bank. So that Tee was not photograph of Mr. Black's signature your client -The Bank was paying in the hands of the defence -Yes.
"You could not wish for material than that 1--No.
For the purposes of this case you had been given permission to use out of a total of any ebeques 18,000 7-Yes. There has been no limitation, nor could the Govern ment have done anything more to assist me; I had everything I want-"
me then.
Never mind about that: you gave evidence on behalf of Yeo. I don't care who your client was, but you put the same points to that jury that you are doing now-Yes,
You have all the material or data you desire -Yes.
!
more
Perhaps I might make it clear, Professor, that I am making no suggestion against Mr Jenkin, nor
You will remember that three am I attempting in any way to dis
points were at issue. (1) The body ed. count your skill, but this is a very
Mr. Potter (to witness): I put of the cheques were in Tsang's Three Methods of Forgery.. serious case and we must be per- fectly sure without any trace of the same question to you in the Yeo handwriting: (2) Whether or no Mr.
There are three methods adopted Was it a verbal or a written re-doubt as to the ground on which trial. You need not be afraid to Messer's signature was forged or by forgers or, at any rate, you gave us three before. First, there is the we stand. I am making no asper- answer. There is no question of genuine; and (3) Whether Mr.
trapping you. I rather pressed the Black's signature was forged or ordinary old-fashioned method of sions against anybody."
His Lordship: No! No!
point before, and it was so opened genuine. They were the only three tracing: secondly, copying over a Counsel: Did you take up the by learned counsel. If you would points, and on those you gave very glass above a light, and thirdly, study of handwriting as a habit of like to give up that position, I lengthy and detailed evidence, as in writing with a free hand. You can
What do this case 1—Yes. to make it part of your professional should be very pleased. career-At first out of pure in-you say I hold to the opinion that
forgery can be detected. terest,
As a result of a telegraphic com- munication 1-I can't, remember. I believe that it was, but I cannot say for sure,
you
Not precisely but on the same have a combination of methods two
and three I don't think it is pos lines Yes.
sible.
From whom I cannot say for certain, but I think was it from Mr. Lewis. It was a long while ago, and I have "not a note of that.
I am right in saying that in your His Lordship: You don't claim The jury found the man guilty, I. do not say that it is possible It is an important point, because the suggestion has been made that career, when you have given evi that by the handwriting science that the cheques were forged, and to bring about a successful forgery can undertake to discover that he uttered them. But at that by the combination, but it is pos the bank had no idea of the authen dence in matters appertaining to
I trial, at which you had all mate-sible for a man to adopt it wher ticity and genuineness of the false chops, you have not given evi- every forgery I can't say. cheques being challenged before dence except at Mr. Jenkin's re- would rather not go to that extent. rials before you, the special jury endeavouring to produce a forgery?
could not have agreed with your Yea. that date. A good deal of capital quest ?-Yes.
"Mr. Potter: Then it is not an
evidence and still have found a has been made out of that by the other side. If we are wrong in any not look upon your qualification exact science?-1 presume it is not. verdict, because they foard that the
Inaccuracy Admitted.
cheques were forged, and you said of our submissions, you can correct with a benevolent eye, so I am
Counsel then read extracts from that the cheques were genuine 7 us later and you can correct the saying nothing against Mr. Jenkin.
Witness hesitated. date later.
I suppose you In how many cases have you in-notes taken at the Yeo trial. Wit-
Have you any doubt Yes. must have been told why you were vestigated alleged forged writingness had then said in effect that retained 7-On account of three About four or five. cheques.
You can't remember, I suppose, whether it was stated that there was a possibility of forgery -No.
You will agree that anybody in the bank sccking your aid would not do so unless some question of forgery arose I can't conceive of any other reason,
Not An Expert. You have said, according to pre vious evidence, that you were an proached by Mr. King, who asked for your assistance on behalf of the Government because he regarded you as an expert in handwriting You never claimed to be an expert
No.
You had disclaimed that you were an expert in this court 1-Yes. I suggest that idea could never have entered the brain" of the authorities 7-I understand it did.
I imagine that Mr. Jenkin would
Is that all Yes,
Including this case-Yes.
Detection of Forgery.
gather from your evidence that, granted sufficient data, by that I mean sufficient genuine and suf- ficient disposed writing, you can detect any forgery --Yes.
examination
The Two Juries.
I have no desire to disparage your skill, Doctor, but here is a jury which says we don't agree with you,
His Lordship: I take it you meno
a man's equiping himself to pro... duce a forgery by freepand-That method can be used.
Counsel: So that for future re- ference we will call this combina tion the fourth method. In all those efforts a man must be skilful to achieve success f-Yes.
A skilled forger can produce
given one word it was possible to detect whether it was a forgery
That was wrong! On your pre- vious evidence either you spoke This also is most important. I hastily or under distress of cross- and you are asking another jurs signature which will deceive the don't think I to agree with you. I put it to you alleged writer 7-I think that might Did you see a recent account in am saying you told an untruth wil that the former jury could not have be so.
agreed with you and found the ver fully, but it was wrong 1-Yes.
Raising his voice, Mr. Fotter ex-dict that they did I took it as a local paper or in the London claimed: “Do you appreciate that the case.
Daily Express of a forgery in which You know that for the purposes it was aid that the forgery was a statement might have had very great weight with the jury trying a of the defence of Yeo, not only were so clever that it would be, against man on a very serious criminal you retained by the Bank as an ex- public policy to disclose the de- charge They might have acquitted port permitted to give evidence on tails? Would you believe that pos the man. Never mind, you have ad- behalf of Yen for trying this issue, sible - cannot say
decide were the mitted that the statement was not but also to
not correct to say cheques genuine "-Yes. correct. If it
I put it to you that the Govern- you can detect forgery by the ap- plication of what you term an exact ment gave permission to go to the science, do you agree that it would Bank and extract any cheques you be much more difficult to attribute saw it for the purpose of examing- specific writing to a specific person tiou and for the purpose of testing I think it is possible.
this very issue I believe it to be
So that the detection of forgery, as you say, has been brought to an exact science f-Provided you haya sufficient material.
Has this become the case only in recent yeare or has it been so for years 1-I think that it is not so very recent, since the use of scien- tific instruments for the detection of forgery came into being.
What scientific instrument1 The That has been in microscope ? existence for many years ?—Yes.
And the theory of pen pressure has also been in use for many years
a
His Lordship: Mr. Potter is. coming very near your point, Mr. Jenkin.
Mr. Jenkin (smilingly). Yes, my Lord.
"
Mr. Potter (to witness): Do you think it is possible for a forger to deceive a man whose writing is being exploited 1-I don't know. Iwili read to you an extract of the case.
It is not possible to deceive an case which occurred in 1912, You know it to be the case i- Really When you expressly dis
expert A forger could not do that. the Wakefield and Yes, known s
You could do as you liked with
..I don't think he could.. claimed disqualification of being an-Yes.
There is nothing novel about these Bishop of Lincoln case," in which
You could not be deceived by expert thought he wanted my advice."
things They have gone on for the Privy Council attached the them Yes. We were granted any.
greatest importance, not to the evi thing we desired. Greater facilitics forgery when bankers and business You have given evidence with generations !-I can't any.
It is fairly obvious that these are dence of the handwriting expert, no Government could give for the men are being deceived every day. Bank officials are rather experts on regard to forged chops in this Court before, when you were able to go old methods 1-What do you call but to surrounding circumstances. defence of a criminal.
The handwriting expert was merely It would also be, within your handwriting, are they not Yes into the witness-box and say you fold
The Hong Kong Bank recently had measured the signatures and I find it hard to put it in so a link in the chain, and the expert knowledge that the Government chops with scientific instruments many words, but they have been in said:" It is not possible to say gave permission to Mr. Jenkin to kept a number of notes as genuine That class of evidence I have use for a considerable number of definitely that anybody wrote a go to the Treasury and extract when they were forged 1--I don't
particular thing. All you can do is every voucher for 1997 1-I think so. know. given before.
years I think so.
The Government went out of its The signatures on the bank notes You have never stood in the wit Well, then, an exact science ought to draw comparisons and point out ness-box as a handwriting expert to put this Court right out of con- similarities between genuine and way to try and discover whether were forged -I don't know.
I am sure that it happened. Have I under these cheques were forged 1-Ye No.
siderable difficulties. If it is pos alleged forged writing.
The Bank knew you were as you studied any cases recently- . I have studied the Wake- You will, I am sure, agree that if sible to detect forgeries easily by stand you don't agree with that
sisting in the defence. Do you Taaag wrote on those cheques he its application, I mean. Do you put I think
converse, that you can also attri If you like, you can take a report recollect that during the trial the field case. must be a criminal!
re-bute, a particular piece of writing of the case away with you, study Government, through me, made a
a specimen of the of Adolphe Beck, who was arrested particular person-There it, and answer me to-morrow morn- protest that
ing. No expert can stand in the signature of Mr. Black was given in might be room for error.
So that you will say, given this witness-box in an English Court to you and photographed by you from women and was convicted. material, "That is a forgery" and say he can definitely attribute Yes. If there is enough, data.
Yes
.to Д
Witness hesitated, and then
"I suppose sot” plied:
That shows how important this point is. The first time you went to give evidence as an expert was in the Yeo case 7-Yes,
I think this is only logic. In the When was it that you decided that you were an expert-In the same way, granted sufficient data Yeo case I decided I had to take you can attribute to a specific per
a stand other than the one I had son specific writing 1-1 think it is previously taken. Either I was or possible.
I was not an expert and qualified
With what would you call a moral to speak 80 I decided that I certainty Well, yes.
Without any room for doubt 1-1 possessed the qualification.
One would, of course, reckon in the man human element. I think a must be perfectly open and reason- able, and if he is he can form definite opinion.****
You were forced to make that de- cision because unless you took that qualification your evidence would not have been permissible 7-Yes.
You were brought to make that decision by the class of evidence you had to give in this case. Did you consult anybody about taking that stuff 1-1 think now that I spoke to counsel, Mr. Jenkin.
Do you never entertain doubts I do feel doubtful at times.
So mast any man's mind. And he must look at things honestly and squarely,
a certain piece of writing to a cer-
I can read you another case, that
Lordon for obtaining money
Evidence was given by that great. And the learned Jadge made an Treasury. expert on handwriting, tain person1 That is not what you order for you to return the photo Gurrin, who swore positively, that certain documents were in the hand- are doing to Mr. Messer, Mr. Black, graph and negative Yes,
Because you took the photo writing of Beck and that certain and Tsang's writing 1-I have put
the same as those of a man named forward my evidence, and given my graphs without their knowledge or peculiarities in Beck's writing pero opinion.
permission 7-Yes
A signature is a conâdential Smith, who bad been convicted be Do you claim as an expert that you can attribute specific writing document, and you would not like fore, and that Beck was in reality to a specific person/You say you your signature to be photographed? the mar Smith. After serving five years Beck was released, but woa can-I hold that opinion, but I ad--I don't know. mit possibility of being wrong. I think there would be a grievance arrested again in 1004 on a similar Suppose we had a fellow expert if your signature was photographed charge Mr. Gurrin went to the on the other side in this case and and put at the disposal of strang-Old Bailey, proved that forgery had been commited, and that the he disagreed with you. He would ers in the Colony 1-1 think so. not say that was dishonest 1-No. How did you get Mr Black's Handwriting was that of Beck, who It would be perfectly open for an-signature I got it from the Bank, was again convicted and sentenced to two years. Later, the real other expert in give another answer and I asked for it.
or opinion, honestly, fairly, and Who gave it to you-I forgot, Smith was arrested, and it was
but I think Mr. Proctor. confidently.".
(Continued on page. 8).