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THE HONGKONG TELEGRAPH.
SIGNATURE POINT IN YEO TRIAL,
MISAPPREHENSION REMOVED IN COURT
ACCESS TO ACCUSED.
The trial of Carvalho Yeo was resumed at the Criminal Sessions yesterday afternoon, when a mis- apprehension in regard to the sug- geated failure of Mr. T. Black, of the Treasury, to Identify his signature was corrected.
SATURDAY, NOVEMBER 24, 1928.
Mr. Potter went on to say that he understood that the specimen eignature was still out of the Bank's possession and was in the possession, he understood, of Pro- | fossor Shellshear. He could not Ree what possible justification there should be for a precedure of that kind. A subpoona did not menn, as he understood it, that a man must produce documente 'in the chambers of Counsel for the accused: one must produce them In the court. I protest against documents of this nature being in tho possession of the defence to be used for such purposes as they see fit and to be used without the Government of Hongkong being first consulted. It is wholly irre: gular."
A
don that in fact the practice had been followed many times before, and it was not done only for this trial. Vedleg
Mr. Jenkin Interjected by sny. ing that he was not suggesting that that was so.
Mr. Potter remarked that any facility which the defónce desired they were, welcome to have..
+'s
Evidence Resumed.
Tsang On-wing then re-entered' the witness box.
Ausworing Mr. Jenkin, he said that with him rested solely the decision as to when to order a new cheque book. He had boan in the Government aervice for Mr. Potter explained that what
fourteen and a half years and Mr. Jenkin on the previous day
eight years in the Treasury. Dur submitted to Mr. Black whilst Mr. Potter said he supposed that ing that period he had conversed under cross-examination was an Mr.. Proctor would be called as aIn the English language with enlarged photograph of his speci- witness and would be able to tell European officials there.. men algnature, and not the actual them what he understood fromIt also reated with him as to signature.
the subpoena. If he had read the how many cheque books he should Mr. Jenkin said he had pro-subpoena he could not have an order. He did not make a record. bably misled the Press, and was derstood what it meant and if he of the number ordered at the end did not understand then "he ought of 1927, but he had done so late- ly. Neither did he make a record of the date when he ordered them.
Borry for it.
to be made to understand.".:
the
He ordered the cheque forms by Alling up the application at the back of the old cheque book, which he sent in to Mr. Messer. When new books were received he checked the numbers of the cheques. Sometimes he looked at
and last cheque numbers first and compared them with numbers on the cover, and at other times he counted the cheques. He made no record of the number of cho- ques received. This was because he had always followed the same procedure and had understood his predecessor had done the same,
Mr. Potter sald that before the Cross-examination commenced he wished to refer to two points.
Mr. Potter asked hii Lardship | One affected Mr. Black, who had given evidence. They may have to order that the specimen signa- noticed that from the reports apture, any photographs taken and
negatives be returned. pearing in the press it would ap
Mr. Jenkin, dealing with the pean that Mr. Black at the con- clusion of his cross-examination first point, said he regrotted an by Mr. Jenkin was shown his specs much as Mr. Potter if any im- men signature from the Hong-pressions had arisen in the publie kong Bank, and that Mr. Black, mind on the perusal of pross re- In anwer to two questions, by Mr. porta that in fact the actual specl- Jenkin as to what that was, said, men signaturo was before Mr. "I don't know."
Black. They knew, of course, it The obvious reading of that re-wan not so. His recollection was port, of course, was that Mr. that he did not nok Mr. Black if Black
who he could tell them what it was in could not even Identify his the senso that it was his speci- own specimen signature obtained men signature. He asked Mr.
Witness continued that he then from the Hongkong Bank. Noth- Black if it was his signature or ing was further from the truth, not, and when he replied ho was sent the cheque books to the gaol because "Here is what was shown not prepared to say, he (Mr. Jen- to be printed. He did not keep to Mr. Black. I am not surpris-kin) again told Mr. Black that it any record of the nuinbers of the ed, and I don't blame him." was his specimen signature. It cheque book went to the gaol, for Mr. Potter here produced a might fairly well have been that the same reason that it had nover large photograph as the object he (Mr. Jenkin) misled the press been done before. Neither did he which was shown to Mr. Black, re. in making that statement, as he check the number that came back marking that he did not think sat down. He very much regret-from the gaol because the printing work was done by Government anyone confronted with a signa- led It. ture of that kind could possibly
people, and "I have confidence have pretended to identify it as
that It must be correct." his specimen signature.
might come back with cheques mis- Mr. Jonkin: The cheque book
King 7-Yes,
put right.
Was
A
person
His Lordship made an order for the specimen signature, phots graphs and negatives to be returned at once.
L
Another Complaint.
Alwaye In Order.
Until the present occurrence wit- ness had never found any cASO where the number of cheques in the book failed to agree with the numbers on the cover. He had never previously observed any ap- parent alteration in the numbers on the cover og far as he could
remember. That was definite.
It was reported in that way and in fact the qucation was put in that way by Mr. Jenkin, although no doubt he would be the first to
Mr. Jenkin continued that they correct such an impression. He were not much concerned with the did, however, desire, in fairness firat matter, because his Lordship to Mr. Black, to have it quite clear and the jury would not be affect to the public at large that Mred by anything which appeared Black did not fail to identify bla in the local press. He was, how specimen signature. He merely
ever, astonished at what appear failed to identify an enlarged en on
the front page of the photograph, which might have been China Muil to the effect that that a photograph of anything. It was
paper had accured the exclusive
The books of cheques from the not a point of small importance, right, to ablish sometime there. Bank had always come in perfect because as they knew the case had after an account of the life of arder until the present occurrence. aroused considerable interest.
Carvalho Yeo; that in the course Because they had always come in of such publication there would perfect order Government Objects,
he acknowledged be disclosures of a very interest them as such. When he received Speaking from his own personal ing nature as to the conduct of the book, back from the gaol, he experience, Mr. Potter said that officials in the Treasury generally did not place it into immediate during the short period from the and Government servants.
uso but placed it in a safe in the time the Court finished until he
They were accustomed to rend-general offee. Until it came to be returned home on Thursday nighting in the Home papers articles used it would be a reserve book. he heard it actually stated, "What of that class, which were generally It was always on the same shelf n man he must be if he cannot written apparently from the as the book in current use, but identify his own speelmen signa- mouth of a person already con- witness did not see it always as ture!" So they would see how in-victed.
It was sometimes screened by other portant it was to get the mutter The facts that there had been books placed on the enme shelf. a definite promire that the accus- The other books were not witness' Mr. Potter added' he did noted was going to disclose various books, hut were general account think the papera ́concerned were matters in the departments of the and receipt booka. entirely to blame, because they Government might possibly lead did, not know what the document to the conclusion that the accus- ed had acquainted himself in a Continuing, Mr. Potter said that measure which was beyond the the Government of Hongkong was scope of his duty with the man- amazed to find that what they ner in which these were carried rightly regarded as a confidential out in Government departments. document, the specimen signature Mr. Jenkin pointed out that the of Mr. Black deposited by him in | the Hongkong Bank, had been dis closed to any third party.' He was Instructed on behalf of the Government to protest against any disclosure of any confidential de cument to any person unless the Government was first referred to. They had made inquiries into
Forgotten Date. the matter and had been informed by the solicitors for the Bank,
Proceeding, witness said "the Messrs. Johnson, 'Stokes and Mas.
Mr. Jenkin referred to another practice was that when he start- ter that the disclosure of this document to third partica was un-point affecting the rights of counseled a new cheque book he ordered known to the Chief Manager, Mr. and solicitors defending the ac a further one, Hynes, and to Mr. Grayburn. He used. He said that trouble had mediately and sometimes a day or need hardly say that neither of those been experienced in the trial by two after. He was shown Exhibit the solicitor instructing him in in- "E", from which thirty cheques gentlemen, with their large ex-terviewing the prisoner in the pre-were missing. IIe said that he perience of banking and the post-cincts of the court. It appeared received that book on November tions they held, would dream of
that the prison officers were in-2, 1927. He followed the same parting with documents of this structed not to allow communica kind without first consulting, the|tion except on the order of his Procedure with regard to that book
Was.
Government.
On Subpoena,
accused was in custody and was not on ball. He was not accessible at all to the gentlemen of the press and he was instructed to say through the nolicitor who had instructed him that he (accused) had no knowledge whatsoever as to how that statement came to be made in that paper.
No Communication.
Lordship. It was of great im portance that they should be able to Interview the accused without such an order. He had appeared in Criminal Jurisdiction for many years and never at any time had
Witness agreed that he was the sole custodian and safe- guarder of Government chéque books, but he never looked to see to make sure that the reserve book was in the ante. For all he knew it might have been mis- sing. If so, he would not have noticed it. Sometimes a reserve cheque book would be lying in the safe without being in use for as long as three weeks, during which period witness would not know if it was there or not. If, however, there were no other books screen- ing it he might see it.
sometimes im-
as he had already deposed to. He acknowledged to the bank the receipt of six hundred cheques.
Witness went on to say that he After referring to the scrupul-
actually received exhibit “E” and ous care exercised by the Bank
put it in the safe. If that cover. officials, when Mr. Jenkin wan
had been altered in the manner given facilities at the Bank with he had to apply to the Judge before in which it was at present alter- regard to cheques, Mr. Potter went seeing the accused, except in ex-ed, he would have noticed it. on to say that he was informed ceptional circumstances. Ho had When asked to give the date when by Messrs. Johnson, Stokes and the right to see the accused at the he first discovered that the cover Master that on November 8. a gaol and he had to get no permis- of the book had been altered, wit subpoena was served on Mr. N. II. Aion of any description at allness,replied that he could not re Proctor, and that subpoena or Where there was such a wealth of member the exact date. At the dered him, among other things, to detail as in the present case his time that by brought the book out bring documents to Court, includ- Lordship might order that he (Mr. ing the specimen signatures of Jenkin) and the instructing call for the purpose of ordering an- other book, witness, agreed with citor should have access to the Mr. Jenkin that that date would be Mr. Messer and Mr. Black.
Hn had been told by Messrs. | accused..
November 30, when he ordered Johnson, Stokes and Master. His Lordship gave the require Exhibit "F" another book of six although he had no personal ed permission to Mr. Jenkin, say hundred cheques. Witness said he knowledge himself, that ooring that either he or Mr. Ruas noticed the alteration when the about November 14, Mr Proctor could see the prisoner at any time book was placed on his desk. attended at Mr. Jenkin's cham- during the progress of the case. When he saw it be thought it was
ed
bers, where Prof. Shellshear Mr. Potter said that as far as a mistake by the Bank, but he did WILS present, and thero hand the Crown was concerned they not look through the book to see
over the
specimen algne were only too anxious that the what had happened. He came to. ture of Mr. Black, of which photo-accused should be available to Mr. graphs were taken, and so forth.
"Jenkin. He was told by Mr., Bhel-
(Continued on Page 10.)
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