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HONG KONG DAILY PRESS, FRIDAY, AUGUST 28, 1931.
"HOIST WITH HIS OWN PETARD!”
CHINESE EDITOR VICTIMISED: A $7,000 DEAL IN FORGED
BANK NOTES.
CROWN'S ALLEGATIONS AGAINST PORTUGUESE AND CHINESE: A PAGE FROM EDGAR WALLACE.
The hearing of the case against Kong Sto Yick and Leo Arturo d'A. Guimarnes, who are jointly charge in connection with an alleged fraud on a Chinese journalist, involving $7,000, was Commenced at Central Magistraay hofors Mr. E. H. Williams yesterday,,
Mr. T S Whyte-Smith prosecuted and Messrs, Hin Shing Lo and Leo D'Almada o Castro, junior, Barrister-at-law, appeared for the first and second defendants respectively. The charges against both defendants were: (1) stealing $7,000 from Wong. To Po, (2) conspiracy to defraud Wong To Fo of $7,000 and (2) compirov to defraud on divers dates between July 12 and July 21 such persons as should thereafter be induced to part with money,
The defendant Guimaraes faced three further charges in connection with, the alleged fraud. of a sum of 83,000 from one. Ho Pui Yim.
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In the course of his opening speech for the prosecution, Mr. Whyte-Smith said:" It is. no use my trying to whitewash the character, of the complainant. This is one of those cases where ho might have found himself în the dock."
At the outact Mr. Wbyte-Smith naked that the case be treated an committa) casa. Mr. Ein Shing Lo protested, at the outast, regarding the wording of the third charge and asked that the charge be quashed, but the Magistrate, after hearing the outline of the case by the prosecution, allowed the charge to stand, after taking note of Mr. Lo's protest, Mr. D'Almada associated himself with Mr. Lo's remarks in connection with the third charge.
WHAT HAPPENED IN A HOUSE IN CAINE ROAD.
In making the protest, Mr. Le anid: I understand there are three
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shop. They want to the Welling of $7,000 for business purposes. Họ ton Cafe, I think it was, and when did not get the money than and they were there the first defondant; I there but evidently the father-in- produced two, bank notes and said | law entertained the idea of hiving. that these were forged notes. The him an advance for business pur- complainant said that looked very poses. On the following day (July good and the first defendant replied (24). the first defendant telephoned that they wore excellent and the the complainant and asked him to only thing was that they were come to the Sing Hotel to discues. rather bigger than the genuine and business. He went there and found be produced a third note which ap the first defendant and also a maş peared to be rather smaller." The named Tang, who was introduced theory of the prosecution is has to him as a broker of forged notes. these notes were all genuine and They discussed the matter further one note had simply been made and it was arranged that complain- smaller by paring round the edge ant would get the 87,000, and would It is inconceivable that a clever go at 3 pm, to 17, Aberdoon Street, forger should fail to get the ex ground floor. ternal measurements of tho zote right. I don't rely on that because tit immaterial to the case but 1 mention it because it might make things clearer. I want to show that genuine notes and pretending they this was not a case of showing forged notes but of showing were forged, which is the reveres of the usual fraud.
The first defendant told the com- plainant that he could take these two notes home in order that he might examine them but he insisted on getting a deposit of 840 'as n surety for their safe return. That also was an indication that tho notes were genuine because it was
Vagueness in Charge...
Me. Whyte Smith: The complain. Mr. d'Almada: I wish to assu ant in this caso is an editor of a charges preferred against my client ciute myself with the remarke of my Chinese newspapor He got to and I am taking vory substantial learned friend. The effect, general On or about July 12, the first de- know the first defendant in July objection to the third or "ly speaking, of charge "C" would fendant came to the printing shop charge. I think charges "A" and
be necess, and B.
to visit his cousin who happened to "B" are alternative charges, but charges A and B. It has no
be the accountant. It appears that he came to visit him on the eleventh "C" is a very objectional one from relation to these charges and seems and slept there for two nights. On my point of view. My objections to stand by itself in its unusual the 14th the complainant was in are four-fold. The first is that wording. Its total lack of proper another member of the staff, a re- troduced to the frat defendant by under Statute Law, a general state wording and vagueness is bad. The porter, and the three of them went ment of offence would be sufficient, point that your Worship mentioned out to a tea shop. This was the first of a series of meetings at tea but when the charge is under Com just now as regards this objection. shops and on July 23, the first den hig deposite to pay if they were non Law the offence with which the being decided at the Supreme fendant said to the complainant, forgeries, The 840 was paid back accused is charged and the facts Court, has this drawback, that on
"I know a man who has a supply the notes away and it was arrang later. The complainant did take and circumstances must be set forth the evidence on "A" and "B" Kong Bank for sale, would you like fendant know
of forged $10 notes of the Honged that he was to let the first de in the charge so that definite and alone there may be no evidence to to buy them":
ON the following reasonable information be given to
day how many notes he would the defence and accused must be send the defondant to the Criminal
The Negotiations.
take and he was also told that positively and definitely charged; 1 Sessions whereas with "C ** includ-
for 87,000 he would receive forged submit that "C" charge is bad ined you might come to B
I don't know exactly what the notes to the value of $10,000. different reply was but it was not entirely A Loan of $7,000. that it discloses no specified offence
conclusion altogether. at all.
in the nogative" becausé next day the first defendant came to invite the complainant out again to a tea
My second objection is that if the charge discloses any offence at Fall, 'we will have to place some, sort" of construction on the two phrasee,
Mr. Whyte-Smith: Those charges are all alterntive charges and
there is no suggestion that a con-
on divers dates between July 12 viction is asked for on any one and July " and to defraud
Mr. Wbyte-Smith: I think I must interrupt. I do not think there ean be the slighest suggestion of attempt to defraud.
such persons as should thereafter separate charge. With regard to be induced to part with money," the first objection of Mr. Lo, namie If this cannot be construed as anly, that there is not sufficient par- attempt to defraud, it is bad on the ticulars, I would submit that at ground of uncertainty, but if any. thing at all, it amounts to an at this stage it would be quite suffi tempt to defraud. I do not care cient if I disclose the offence in how many indefinite number of my opening. I think it might be false pretences are included but I rather difficult to put in writing will say that the charge is bad this charge at least it would take where the accused person is charged a great deal of space. I think that either with felony or misdemeanour my friends may be perfectly satis and at the same time with an
fied if they hear my opening state- attempt.
ment. If that does not disclose suffi- cient particulars, then they are.en- titled to ask for further particu lars. My friend Mr. Le also com- mented on charge “C” with re- ference to the words conspire together and with other persons, not in custody to defraud such persons as shall thereafter be induced to part with money." It has to ie word for word from Archbold as a vague, but these words are taken form of indictment for conspirsey to defraud. I think with regard to the whole matter, if your Worship: allows me to outline the case, think the necessary particulars will be supplied and it should not be. necessary to have it written out at this stage at any rate a long string. of what constitutes the tricks be cause there are various elements in this trick.
Solicitor's Objections. Mr. La: If it means anything at all it means an attempt to defraud, but if it does not mean anything at all it is bad for its uncertainty,
My third submission is that the wording contains an indefinite number of false protances. I should say the inclusion of this charge might involve the admission of evidence which would otherwise be inadmissible.
His Worship: The Crown is asking for this case to be com mitted. If evidence is admitted which is improper and which is really bad, it won't have any effect later on before the Supreme Court. Mr. Lo: I agree I have remedy, Sir, but I think it may be my defence to put my client in the hón and tell you what he has done in this cuse. It may be that your Worship will discharge him in spite
Defence Embarrassed.
Mr. Lo: If your Worship lets in "O" charge, obviously my friend` must call evidence in support of it and if there is no C" charge. evidence may not have to be called.
is seriously embarrassed.
of the fact that this is a committal | I submit for that reason the delenze casa. The presence of the third charge would certainly have the Mr. Whyte Smith: I might ex- effect of prejudicing the accused plain that chargo “B” deals with person in his, defense. The words, a conspiracy to dufraud a man call- defraud such persons, as mayed Wong To Po. It is perfectly thereafter be induced to part with possible that the second defendant money is rather vague. Who are Guimaraes did not know or may the persons? Do they include the not have known that it was Wong complainant in the first and second To Po that was going to be de charge? I am sure this charge is frauded. As far as he was concam- also bad because of ita duplicity ined it may be anybody whom the that it contains an indefinite num-first defandant brought to the office. ber of falsa pretences. If one in It was quite possible that he did duces a person to part with money, not know.. he may be guilty of larceny, or false pretences.
"Therefore I think that my four objections are rather substantial and if I satisfy your Worship on any one of these points I ask your worship to quash the charge. It has the effect of prejudicing my client's case. I am sure Mr. Whyte Smith will agroo with me that all these four objections 1 hare raised would oertainly have the effect of quashing the, charge,
His Worship: I think I will hear the case outlined before I will say anything, Sarada
Mr. D'Almada: Your Worship. has noted our objections!
His Worship Yen
Mr D'Almada: Particularly in regard to the fact that it would be embarrassing an, clearly on the face of it, it is different altogether from charges and
His Worship: Twill make a note
of it.
The complainant went to his father-in-law and asked for a loan
At about 4.30 the complainant went round to his father-in-law to get the 87,000 and arrived at`17) Aberdeen Street, at about five o'clock. There he again mot the
them went from there to a bouse first defendant and the man Pang, the so-called liroker. The three of in Caine Road. They were shown into a sitting room on the ground floor where they waited there" for some minutes and then a European came in who,.. think, I will bo able to prove was Guilherme Guim- araes, and who, I think, I shall be
able to prove was the brother of the second defendant." He came into the room and with him was &
Chinese who did the interpretation and whom I shall call the inter
The complainant preter.
was asked through the interpreter if he hind brought the zooney and when be said that he had, ho was asked to produce it. He produced the $7,000- which was in 8500 notes and handed thom over to the first defendant; who extracted three notes (81,500) and handed the remainder Guilherme Guimaraes, who;
(Continued on Page 7)
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