Page
KWANGSI IN FLIGHT
STRATEGIC, POINTS RECAPTURED.
FUKIEN ADVANCING,
EXTRA-TERRITORIAL RIGHTS.
REVISION OF CHINA TREATIES.
THE PLEA OF UNIFICATION,
Dr. C. T. Wang's formal request
(FROM OUR CHINESE CORRESPONDENT.] that Great Britain, France and the
autumn
Coited States shall proceed at an early date to a general revision of CANTON, May 17. the treaties, for the abolition of Further suLOESSEN have been extra-territoriality, has come sooner | cored by the Kwangtung troops than was expected in most quarters, along both the West and the East says the North China Daily News. Rivers. The Kwangsi troops along In the wholesale conclusion of new the West River are being driven commercial creatie's last back towards Shishing and Fing countries agreed to surrender their Chu. General Chen Tai Tong is extra-territorial rights from the be planning to send an aerial expedien certain terms having been pre- ginning of next year, conditionally tion against Wuchow, to bomb the viously arranged between them- wireless station. General Chen selves and China Tsai Tong is of the opinion that dently means to go down fighting. Excepting Kwangsi, which evi- if it could be put out of commis the whole of South China and the sion. inter-communication among Yangtsze provinces own allegience. the enenly troops would be severed.to Vanking, which has further estab
Shansi.
4
lished itself in Shantung and has Shlukwan, which had fallen into been given the right by General Yen the hands of the bandit Communists Shi Shan to collect revenues that a couple of days ago because of can be classed as national in insutheïent protection, has been reis not clear but does not seen un- The position in Szechuan captured by the Ewangtang troops favourable to Nanking on the whole. under the command of Colonel Li In any case, like Yunnan, it is and always has been so remote, both King Yang.
politically and geographically, that its influence on events is tempor- arily negligible.
The International Commission
· SHIUHING TAKEN,
Shiuhing, a most important strate- gic peint along the West River, has There remains only that incalcul been recaptured by Colonel Heung Hsiang. No one knows his thoughts, able factor General Feng Yu Hon Ping's troops. The Kwangsi | his own countrymen as little, as soldiers have also been dislodged anybody. from Ma Fong,
The Fukien army under the com- mand of General Chang Ching is reported to be advancing: towards Swatow from Chengchow in south ern Fukien to help General Chep "Teal Tong with his campaign.
BRITONS IN DANGER IN.
WUCHOW.
"The Cantonese military authori tics threaten to borah. Wuchow wireless station by aircraft.
THE HONG KONG DAILY PRESS, SATURDAY, MAY 18, 1929.
TREASURY OFFICIALS SEVERELY
CENSURED.
JURY FIND "GRAVE NEGLIGENCE" IN
ADMINISTRATION.
༄ |,
TSANG ON WING NOT A PARTY TO FRAUD,
VERDICT FOR THE GOVERNMENT.
▲ verdict in favour of the Government was brought in by the jury yesterday against the Hong Kong and Shanghal Bank which "was mad by the Treasury for the recrediting of $160,000 involved the Carvalho Yeo frands. The jury declared all the cheques to be forgeries, held that Tanng On Wing (Treasury Clerk) had not been a party to the fraud, and considered the absence of adequate supervision on the part of Treasury officials to amount to`"`grave Tegligence,"
In his summing-up which occupied all the morning, the Chief Justice (Sir Henry Gollan), asked the jury not to be guided by anything that occurred during the Carvalho Yeo trial and to decide the serious issues involved with comon sense and a clear mind.
JURY'S LENGTHY DELIBERATION.
The jury arrived at their verdict after deliberating for over an hour His Lordship, in answer to counsel for plaintiff, said he accepted the verdict and would give judgment on a date to be fixed later.
His Lordship, in the course of his summing-up, said the issues were matters which vitally affected the derive satisfaction from knowing commercial life of the community and he was sure the jury would that the time they had spent had It is beside the point to argue enabled the case to be accurately that extra-territoriality, when a presented. quired by foreigners, was not con-
For some time previous to the sidered by the Chinese as any dis-occurrence and at all material grace to themselves, that, on the times, the relationship of banker contrary, if there was question of a and customer existed between the stigma, it would have been held Hong Kong Bank and the Govern rather to fall on the foreigner as ment, the arrangement being that implying that he was not worthy to properly-signed cheques should bear be judged by Chinese law. That the signatures of the Colonial is not the Chinese view now. Treasurer and the Chief Account
As will be recalled, the Internnt, in this case Mr. Messer and national Commission's report was in Mr. Black respectively." essentials adverse. It found that judges were still too much under the thumb of local military comman- dera. In a different form this is still the crux..
Dr. Wang will no doubt reply that this was in the bad old days British women and children have of the militarists. But are the poli- been advised to leave for Hongticians more scrupulous Have they Kong.
Extensive operations are expect ed during the forthcoming week.
The Cantonese military authori ties expect to take Wachow.
CHINESE MILITARYTM
BREVITIES.
been able to divest themselves of the idea that Governments have a rights to, use law courts for their own purposes? The example of the Provisional Court does not inspire confidence that they have."
од
...
Dealing with the defence, his Lordship pointed out Mr. Jenkin had said he did not question the honesty of, Mr. Black and Mr. Messer. Mr. Black and Mr. Messur bhu hotly denied ever signing blank cheques.
No Evidence of Trick.
No evidence of a trick had been given. Mr. Jenkin had said that the conduct of Tsang On Wing and the evidence of Professor Shell- shear showed clearly that some. trick must have been used. If the jury accepted that suggestion, the only conclusion they could come to was that the signatures were genuine.
After commenting on the neces sity for severe cross-examination in such cases, his Lordship, referring to Tsang On Wing, said he thought the jury would agree that so far as, his demeanour was concerned it was quiet with no trickiness whatever.
Questions to Jury and AnswerS.
The questions put to the jury and their answers were as follow ---
1-Are the signatures or any of them which appear upon the three cheques Exhibits A, B and C and purport to be the signatures of, fr. C. McI. Messer and Mr. T. Black forgeries, o are the same or any of them genuine -Answer: All the cheques are forgeries.
2-Was Tsang On Wing a party to the frand which was perpetrated come to the conclusion that the by means of the said three cheques ? signatures were not their signa-Answer: No.
tures.
That evidence was based 3. Did Tsang On Wing or Cheung: handwriting on genuine cheques and on or before the respective dates on a detailed comparison between Man Kun or either of them know the three disputed cheques and that of the presentation and payment was solely a matter for the jury, of the said thres cheques and if Very high claims had been made so, or what respective dates, that by Professor Shelishear, continued after the receipt by the Treasury his Lordship, with regard to the of the cheque book which contain- value and reliability of his banded cheques mambered X/6 239001 to writing evidence.
ing that if the evidence of an expert His Lordship could not help think-
in handwriting was so reliable, the only wise thing for the Government to do in a case of the present kind, was simply to have an expert, get his opinion and then introduce legis. Iation to finish the whole matter.
Common Sense Methods, "I think, on the whole, that justice is better done by moving through in our old fashioned way. with nothing but common sense and a clear mind to guide us," he went
on.
There had been a diligent search of many cheques in the case for one which bore the Katz "z" and only one cheque bad been found which, it was alleged by counsel for the defence, was in any way similar to
the Katz "z.” „
239200.
(a) Had the printing on the cover
of the said cheque book been wrongfully and fraudulently altered-Answer, No.
(6) Had thirty blank cheques numbered "K/6 239171 to 239200, together with their respective counterfoils been wrongfully and fraudulently extracted therefrom7 An- swer: No.
Or,
did Tsang On Wing or Cheung Man Kun or either of them, ap to and until the respective dates of presents- tion and payment, believe (i) that when the said cheque book was received by the Treasury the cover of the same bad already been alter- ed t-Answer: Yes. (i) that the said book had been
received from the defendpata containing only 570 cheques ?~
Answer: Yes.
No Authority to Debit. The jury would understand that the authority of the bank to pay depended on the cheques being genuine cheques, properly signed by the officers in question. If by any chance the defendant paid It was first advanced by Mr. forged theques, apart from other Jenkin and definitely adopted by considerations which arose later, Professor Shellsbear, that the pass- they had no authority to debit those book was expected back from the.
4.-Were the alterations on, the cheques,
Bank either on January 17 or 18, cover and the extraction of thirty The Government said that the 1998, that there was present in cheques and their counterfoils from amounts represented by the three Tseng's mind a certainly that when cheque book ""circumstances of disputed cheques were wrongfully the passbook was returned and such a nature that by the exercise debited to their account because the examined, his activities with roof reasonable care and diligence on cheques on which those amounts gard to the Katz cheque would the part of either Mr. Black or Mr. were debited were forgeries as the come to light and he was conscious Messer or both, they, or any of signatures of Mr. Messer and Mr. of the fact that he had made this them, should have been known to Black which appeared on them were "z" in the Katz cheque; that he these officials or either of them in not in fact their signatures., must also avoid making that type of the month of December, 1927
The case for the defence, shortly,"z" in the Hazeland'cheque. Answer: Yes. The absence of ade- was that the cheques were gennine; Another Theory Advanced.quate supervision on the part of that they were in fact, signed by Mr. Messer and Mr. Black. The Hazelaad cheque, be
Immediately before he wrote the Treasury officials amounts to grave also made another defence which cheque in favour of Wong Sze, that
negligence. a was based in the legal doctrines cheque being also dated January diet given above. The trial covered. The jury then returned the ver- of estoppel.
17. Alive to his danger Tsang in a period of over three weeks. that case wrote a tail" z* When he began to write the Hazeland cheques his subconscious self play. ed him a trick because his criminal SERIOUS CHARGES AGAINST self directed his hand into beginning to write a block "z"in the Haze land cheque.
Two Sides to the Question When the Chairman of the Muni- cipal Council says that, so far from this Court having been the mode! for others in China which it was hoped to become, its functioning has only spread dismay and distrust in (Industrial and Commercial Daily foreign circles, his words are bound
Press).
to carry weight.
Dr. Wang argues that those who have last their extra Through the offices of some of territorial priviliges have had his generals, Chen Tzai Tong has
по cause to complain of their Also, his Lordship continued, he, released Yu Hoa Mow, the com-
new status, but we should like bad remind the jury that so far mander of the Danton 1st Brigade to hear their side of the question, as the issue of forgery was con- who was detained upon, suspicion The further argument that consilar cerned, the negligence of Govern- of planning to turn over his troops jurisdiction has become so detri- nent officials was utterly immate to Kwangsi. The brigade is now mental to the smooth working of rial. It might become material under the command of Li Yong the judicial and administrative with regard to the second defence, King
machines of China that hér progress but it did not matter so far as the General Chen Taai Tong has res a member of the family of nations question of forgery was concerned. ceived a telegan from Ho Chien, has been unnecessarily retarded," the Commander-in-Chief of the calls for facts in its support, Hunanese troops, to the effect that I it could be shown that any Kweilin, the Kwangsi capital, and Chinese city were better adminis Pingo have been taken by the tered than, say, Shanghai, with Huszese.
better policing, better financial pan agement, greater protection for the individual, swifter detection and arrest of criminals, Dr. Wang's argument would have a solid basis. But that cannot be shown."
Fung Cho Man, the ex-Commis sioner of Finance, is now in Macao, As soon as the navy mutiny was settled, he fed from Canton.. It is, alleged that he was a prominent figure of the mutiny.
*
It is noticeable that Dr. Wang As Shiuhing is now free from the does not ask the Powers to fix a date for the abolition of extra Kwangsi troops, the Dantonese
territoriality but merely to agree to leaders have decided to, despatch discuss it. The plain" fact is, of forets to garrison that locality. course, that extra-territorial rights By order of General Chen Tsai cannot be wiped out by a stroke of Tong, three aeroplanes have been the pen. They involve an almost detailed to destroy the wireless infinite number of questions in atation in Wuchow and to cut off which the interests of Chinese in sources of communication of the dividually and China as a whole are Kwangai troops.
closely conferned.
Passenger traffic on the Canton-- Samshui Railway has been resumed as the wings troops have retreat ed from Shiuling..
CHINESE ADMIRAL LANDS.
GUARD OF HONOUR AT QUEEN'S PIER.
wrote
Before he had completed the writing, or just afterwards, his criminal self awakened and he realised that two weeks before he had written the Katz cheque with a. block "z." The thought occur
him that if he did not look would be discovered.
THREE MEN.
LIKELY TO BE A " COMMITTAL” CASE.
A Challenged Statement. Mr. Jenkin had very strongly argued that Tsang On Wing was a
Douglas Gifford, unemployed, dishonest man, that he was in the
Chau Tak and Cheng Hang Kwong, an electrician appeared plot. That was a matter for the d
before Mr. T. S. Whyte Smith at jury's serious consideration, butt, he Sir Henry said he would say Ten, according to the theory, he Kowloon on charges on conspiracy that so far as the issue of forgery turned the letter into a tail "z" to defraud and intimidation. was concerned Tsang's-condnet had His Lordship continued that "he The full charges against the de- nothing to do with it.
thought it well to give the matter | fendants wité : in detail because it had been put (1)That they on May 14 and forward humorously. It was put 15, unlawfully did conspire, com- before them seriously as a matter bine and confederate together to for their consideration, both by obtain money by means of a false counsel and by the expert for the pretence, to wit, that they were in defence. His Lordship added he a position to charge one, Wong had done his duty when he stated You, a married woman of No. 870, the theory, and his responsibility Canton Road, with the crime af thea ceased.
larceny of electricity whereas and in fact they were not in a position to do so;
If the cheques were found to be forgeries, it might be that one or two innocent parties might have to suffer, but after all the duty of a barker was merely to pay genuine cheques. The bank would be liable if forgery was found,
Dealing with the evidence for the Crown, that of Mr. Measer and Mr. Black, his Lordship mid that both held responsible positione ́in' the Government service; they wore men of experience, and they absolutely repudiated the signatures from the start. That statement was challeng ed strongly by counsel for the di- fence.
A
Mr. Masser's Strokes.. The point had been made by the
(2). That they on May 15, un- Crown that it was remarkable how lawfully did threaten one Wong Shipping and Banks,
the stroke under Mr. Messer's Yau with injury to her reputation, Take, for instance, the freedom of
signature appeared in the disputed namely to charge the said Wong foreign shipping to ply on rivers
cheques. The suggestion made was Yau with the crime of lireeny of and coasts. If that were cancelled
that Mr. Messer made those stroke electricity with the intent in such éommunications' and transport Mr. Potter had urged upon the above the line or below it. In the case to cause the said Wong You: would be most seriously damaged jury that if the signatures were disputed cheques they found the to do an act which she was not owing to the poverty of China's obtained by a trick, it was unnecer stroke actually on the line.
legally bound to do, to wit, to pay Mr. Jenkin asked whether such the sum of several tens of dollars, mercantile shipping which certain sary there should have been two- ly cannot be built up to replace the lots of 30 cheques stolen. There an obvious and easily copied fes in order to avoid the said charge. foreign in five minutes.
Defendants were remanded for Again, there the position of was a danger of the theft of the first ture would not have been present being made.
30 being discovered and an added to the mind of a forger, and there
one week, the prosecution intimat foreign banks, and their right to danger of the absence of the second fore it would have been highly un- issue notes, which form so large and
likely that he would be guilty of -ing that the case would be treated. Rear Admiral . Y. Chen and his valued a part of the currency, of df lot being found out
as a committal one." such crass stupidity in making the atat made their official landing insurance companies, curtailment of
lines in a way which might throw from the Chinese cruiser Hai Tung which would damage business incal- If the signatures had been ob- doubt on the genuinness of the signa yesterday morning.
tulably. Most conspicuous of all, tained by a trick, and Tsang Ontures, when there were other ways Col. W. D. B. Brownrigg, D.S.O., there is the whole question of the Wing had been in the plot, there of drawing the line that could not REMOVING A DEAD BODY. and Capt. Sillitoa, A.D.C. to H.Etatus of Shanghai, for consular would have been no need to steal be questioned, pr the Governor, received the Admirti jurisdiction can scarcely be abolish the cheques. All Trang would have That question of stupidity in Two Chinese were fined 810 or at the Pier. A guard of honoured outside it and not inside, and had to have done would have been crime, said his Lordship, was in 14 days' hard labour by Mr. Whyth drawn from the King's Own Scot-without such jurisdiction in Shang- to fill in the amounts. On that as teresting as it was remarkable how Smith for removing the body of a, tish Borderen paraded outside the hai, its rights as a foreign reacr-pect of the case, it was for them to often criminals who showed ex Chinese from the reclamatior at pier, and the full band of the regi-vation disappear.
consider why, if the signatures were tremely, great skill made the sim Shamshuipo. ment was in attendance.
Furthermore, there is the ques-obtained by a trick, 60 cheques pleat mistakes...
Detective Sergeant Meadows told Rear-Admiral Chen, on landing, tion of the French Concession, were stolen, m
His Lordship pointed out that the his Worship that when the body was received by Col. Brownrigg, which, once negotiations on the Another aspect of the case for combination of three points in Mr.was discovered it had mirks of a He then inspected the guard of future of Shanghai, were begun, the Crown was that of handwriting, Black's signatures on the disputed rope around the neck. honour and the party drove to the could not possibly be considered as Both Mr. Black and Mr. Messer cheques was not found in combina Inquires revealed that the man Army. Headquarters in motor-cars. a thing apart and unconcerned. had given reasons why they should? tion in 18,000 other cheques.
had committed suicide.
ofcials Handwriting.
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