YEO TRIAL DEFENCE OPENS.
(Continued from page 7.)
Bank if the cheques had been covered up with only the signa ture showing ho would not have been able to tell the signature from his own.
That was the right line to tako because in matters of forgery he had formed the opinion that no sane man would sny definitely on a mere examination of his signa- ture, divorced entirely from sur rounding circumstances, that the signature put before him was his own. Mr. King had sold at some period of the case that Mr. Messer put his hand round one of the signatures and said that if he could only see the signature he would not be able to tell it from hla own.
Mr. Jenkin next dealt with the non-production of ovidence which ho said was such as to make it Imperative that it should have been put before the Court by Counsel for the Crown who had gone into Court and asked the jury to say that the three cheques were in fact forged.
An Unfortunate Remark.
"It is all very well, gentlemen," ho continued, "for anyone to throw out the suggestion as a witness did that Mr. Dovey is not an ex- pert. I myself stigmatize that as an unfortunate remark for two reasons. The first in that the ser- vices of Mr. Dovey had quite Elearly been enlisted throughout this matter.
The second point is that the same witness rather threw out the auggestion that since a, cer- tain Incident five years ago which happened in a certain case the value of Mr. Dovey's services, an an expert had been wholly under mined and that he was no longer an expert.
In fairness to Mr. Dovey, and to emphasise the point I am making, as I was engaged in the case myself' I will tell you briefly the circumstances in which that criticism cume to be passed,
It was a simple case cheque was in question, the point being whether the signature was genuine
cause
THE HONGKONG TELEGRAPH.
nected with this case? It is ask lug you to adjudicato on half a
case."
Mr. Jenkin said the duty of the Crown, if they asked the fury to deelde a question of this kind, was to give them all possible available assistanco that they could, Assistance which could have boon given would have been assistance of the very highest order indeed. He would leave it to the jury to wonder why Mr. Dovey was not put into the witnose box.
Inexplicable Silence.
Mr. Jenkin asked whether the jury was satisfied on the very vital point as to whether the trick hypothesis or the forgery hype- thesis was the right one, bearing in mind Teang On-wing's inox- plleable silenco with regard to the altered covers and missing cheques. Mr. Messer, in his cavalierly de- fence of Tsang had said that he placed implicit trust and faith in Tsang which apparently nothing would shake. Mr. Messer had said that hq condoned Tsang's silence on the ground of his mentality. Mr. Jenkin agreed with Mr. Messer but asked what kind of mentality. He thought that incl- dents during the course of the
trial possibly left the jury with no doubts at all as to the mentality
of Taang.
Mr. Jenkin' said that it would appear from Mr. Messer's view with regard to the duties of Govern- ment servants that each man was standard for himself. He could not be called over the conls for any tack of duty. All he had to say was "My mentality, doesn't aquare with the mentality of the head of the department and therefore you
cannot call me over the coats."
It was a curious attitude to tako up and the jury should consider what value could be placed on it.
Curious Mentality. "I ask you, are you intiafied after hearing my cross examina- fon when Tsang oscillated like a
of his pendulum. In the course evidence, he made it quite clear in qucation after question that, having made certain when he re- ceived the book from the Bank, sent it to the gaol, used it for two days, and on those occasions the and that on the third day he found it had been tampered with; he then knew that any view which he had entertained at any time, I he did entertain it, that the book had come from the bank in that way, would have been unprece- dented and that view was wrong and there was no basis for it."
would have been a witness the equal of Tsang On-wing,
The importance of Chung se'n possible participator in the fraud was obvious from the start because the unfortunate man was charged Hko Tsang without being even questioned and the jury was asked to believe that that mon could throw no light on the affair.
SATURDAY, DECEMBER
THE MERCANTILE BANK OF INDIA, LIMITED.
what the defence would be, ho 'could not say that Mr. Jonkin að- mitted that his client was in the conspiracy and therefore he (Mr. Potter) could not put the point lu cross-examination. It was clear from the defence's own base that the accused was a swindler, Mr. Potter then referred to the ques- tions put by Mr. Jenkin in regard Authorised Capital ................................£3,000,000 to the matter and roply given, Subscribed. Captial acui& 1,819,000 stating they did not cover the raid-Up Caplial 1,010,060 Bre
Amerre Fund and Best ..........& £,514,940) solution given by Mr. Jenkin.
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"What do you think of a caso," continued Mr. Jonidin, "which is you by eminent placed before Counsel ongaged by the Crown The defence was, continued Mr. which leaves out the presentation | Potter, that the accused was not of evidence such as that of Mr. | guilty to forgery but gullty to Bangkok Dovey who is an expert in hand- fraud and therefore all Mr. Jenkin embar writing, and Chung Man-kun who need have done was to walk up to albatt was very closely 'connected with the dock and say to the necused Del
"Toll them exactly how Tsang was chil everything that went on,"
In the conspiracy with you." Ac-onekoner cording to the defonce, än prosent- ́ed at the moment, it was the only
Interext allowed on Current Accounts and His Lordship remarked that ho thing that could have been done. agreed with Mr. Potter. He led Deposit Rater that may be macar
taland en applikation. thought the point should have been ኢዜ pressed very much further. that had not been done he did not think defending Counsel could make any capital out of it.
A Witness's Silence.
4.
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HEAD OFFICE) HONGKONG. COURT'OF DIRECTORS: A. I. Compton, Mag. Chalan
N, S. Brown, Esa. Deputy Chairman.
Jon. Mr. B. D. F.
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Lender Lewis. Ezo. Hon. Mr, Q. G. 5.
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Mr. Jenkin further suggested that Tse Chi-on should have been called, and pointed out how the cover of the cheque book was drop. ped in a waste paper basket and was found a month afterwarde on He thought Tse Tac's shelf. could have thrown light on the cover. Mr. Jenkin asked what the
Professor Shellshear, continued Yes Will Not Be Called. Mr. Jenkin roplled that he was counsel, approached the matter with Jury would have thought if Tse had given evidence aaying that he had never seen the cover and did in his Lordship's hands and asked an entirely open mind, caring not whether the signatures were not know how it had got on his him to note it. Ho commented genuine or forged and going about desk as it was not there when he that in the opening address counsel the matter in the way which ho left the office. He also asked what for the Crown asked the jury to usually adopted. He would place the jury would think of Teang's speculate as to why Tsang On- before the Court in the most con- evidenco with regard to the finding wing was still in Hongkong.
vincing detail evidence for the pur- of the cover, He put it to the Mr. Potter remarked that that pose of demonstrating that the writ-nd Fixed Deposits received for one year of
was not the point he had made. jury that the covers were very ime portant and that the fullest ovi- After Mr. Jenkin had asked theng and signatures upon the on terms which will be quoted on application. Jury to diamiss that speculative cheques were genuine. Professor ence should have been brought.
Dealing with the Interview at solution from their minds: as his Shellshear had been consulted on the Bank Mr. Jenkin anid that Mr. Lordship had ruled againe him many decasions and many of such HONGHONG SAVINGS BANK. Black deliberately shut his mouth Counsel went on
The Deal of the above Bank, la con to deal with There was no greater criterion of ducted by the HONGKONG AND BRANGIA! What did he mean by that, asked because other people were involved, points relating to the defence.
his value as a handwriting expert BANKING Corporation. He said "More than one een-than the fact that the police deoblained on appliation.
Bules may be Counsel. All he could say sation has been provided, accord-partment themselves wanted him
FOR THE HONGKONG AND SILANGHAI There was nothing to prevent him the course of the trial, and I am obtained the services of Mr. Dovey. that they were not his cheques.ing to Prese captions and so on, in but they couldn't get him so they BANKING CORPORATION.
A CHYNES. ! saying that. His silence could be going to provide another. It is
Chief Manager. Hoaron. 18th Septembar, 1927, accounted for by that he was not this. It is one of the privileges of certain about it. For all he knew Counsel and one of their rights toemarks made by Counsel in open-
NEDERLANDSCHE HANDEL the cheques were in order but he take entire charge and to be en-ing the case for the Crown with re
gard. to kept his mouth shut.
tirely responsible for the conduct stated that in present days forgers forging. Counsel had of the case which is placed in did not use such implements and their hands. Whether they are means as they did years ago. One right or wrong, whatever they do, of the rules of the procedure of the is a matter for the tribunal.
Court was that a Counsel, himself,
was
In a Chaotic Stale. "Mr. Black has said that during the interview at the Bank he said that to the best of his ability, and I don't know what his ability is as I haven't known him long enough, the signatures on
mattera had never came into Court.
Mr. Jenkin went on to refer to
MAATSCHAPPIJ.
(Netherlands Trading Bociety.)
BANKEES.
ESTABLISHED 1814,
In the circumstances of this could give evidence. It would have Hongkong Oment 11, Queen's Road, Central. case, as I have already submitted been very interesting if they had Authorised Capital....Gulider 1L9,499,990. to you, the case for the Crown got the gentleman in the box to
has fallen very far short and has speak as to that and say that it Fald-Up Capital the
where a Ctver had not been tampered with cheques were not his. And he bolled wholly failed to establish their was so. He would like to know how
or not. The banks, won't say which one it was he It doca not matter, had debited a customer's account and the customer said that the sign ture on the chepe was a forgery Mr. Davey came lata Court in givej evidence to the effect that the
Bignature was genuine,,
He gave all sorts of reason which don't matter just now but in the course of cross-examination I drew his attention under deflect- ed light to a groove running over portions of the signature as though made by a thumbnail or point of a pin." I then drew his attention to the fact that there was another signature, from which I was clear that there was a possi- bility of being able to copy that signature. He agreed that the groove was there and had not seen it before. The minated.
then ter- case
Mr, Jenkin continued that ho would not go through all the op- portunities of Tsang and other people to deal with the situation as they presented themselves every hour of the day, sometimes pointed and sometimes not. He asked if the jury was satisfied to put that aside on the ground of the curious mentality of Tsang. It looked like a case of "The King Taang,” and he could do no wrong accordingly. It would appear from Mr. Messer's view thint Toang could do no wrong- and having the mentality he had, well it did not matter what he did.
Itun in a "Shocking State."
over because someone said that it If he did in was his signature. fact protest at the Bank that it was a forgery, don't you think it would have been very interesting to and timt protest was supported by the production in the witness bux of Mr. Dallin and Mr. Manghan who were present at the
Lime?
Is it satisfactory that we should be left in this chaotic state with regard to evidence which is avail. able to the Crown and which submit, is evidence which should have been put before you. It would be perilous indeed without
that evidence to come to the con- clusion that documents were forg- ed. You cannot be satisfied and that is an end of it,"
Reserve Fund
*(MIX,500,000.) „Gullders 89,000,000- (48,864,870,) «Quilders 40,000,000.- (43,351,416.)
„Head Officer--AMSTERDAMS Eastern Head Oßes:-BATAVIA,
ense with moral certainty. I shall it was that the hand could do things not, entirely on my own respons which it could not do years ago. sibility and 1 ask you to suspend The jury would hear that it was your judgment on the matter until impossible for a forged signature BRANCHES you understand the nature of the to be written by hand and remain evidence, put Carvalho Yeo in to undetected, practise how they would. the witnesa box.
They would hear how welting was
Bandiermaaln
13
THE CHARTERED BANK OF: INDIA, AUSTRALIA & CHINA.
Incorporated by Raval Charter, 1983-
HEAD OFFICE: LONDON. Paid-Up Capital „............................... ECOL.000 Reserve Fund.# ̈4,099,590° Heserve Liability of Froprietors vad 3,090,000
· AGENCIES, AND BRANCHERS.
ALOB STAR
(Malay Blaten), ANRITSAR
BANGKOK BATAVIA BOMBAY CALCUTTA CANTON DAWNPORK UXDU COLOMBO DELKI HAIPHONG
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(Philippine In}
Forsiwn Exchange and General Banking builams transacted.
Currant Aceovizia opened and Fixed De posita receivedt for one year or shorter period at rytas which will be quoted on application.
A. IL, FERGUSON,
MASAERT, Itongkong, 18th March, 1923,
THE NATIONAL CITY BANK
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tora of Credit, Travellers' Cheques, Commercial and Travellers' Let
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I will justify the shouldering of almost unconscious and of the many that responsibility, with the de-interesting features which appear- tailed evidence which I am going ed in signatures. Mr. Jenkin said to place before you. Whether you he was sure that anyone of them agree with me in the course which would be surprised, if they were I am taking is another matter but shown the many peculiarities of London Bankers-National Provincial Back, in the exercise of my discretion their signatures. am taking it because I any, as I have said before, that the one is sue here is whether these docu- mants are forged or not."
Ltd.
Correspondents all over the world.
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THE YOKOHAMA SPECIE BANK LIMITED.
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Bombar
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READ OFFICE)—YOKOHAMA.
Kettle Berar
Another part of the evidence would be that whereas a man could get the form of letters he could not imitate the unconscious fen- Mr. Jenkin continued that, us-tures such as pen pressure and se suming they had any sort of curion. It was almost impossible not Lainty, which he himself would say to detect a forgery if an examina was impossible, he was going to tion was conducted on proper lines Counsel Speculatés.
produce evidence which, together with a person skilled at the work. with the cross-examination, would After commenting on Professor Caplial (fully paid up). 100,000,000 Proceeding Mr. Jenkin raised carry very great weight indeed. Shellshear's fitness for the work, Rays Fund the speculative question as to Evidenen would bc given Mr. Jenkin continued that there |- why, if Tsang was in the affair, by Professor Shellshear who, would be no shadow of doubt that why he had not boited.
It was they
would remember, had when the Professor's evidence was not for him to say why-if he was been referred to at once by before them that the signatures Alexandria "I will say that the Treasury is
In it, he was there, and on the That instance, except that he run in such a shocking state that hypothesis that he was in it he frauds were discovered but whose
Mr. King as soon as the alleged were genuine. did not are that groove, in no the hypothesis of this having thought the jury could find a num-services had been retained by the by going into details with regard to canton
Mr. Jenkin concluded his address Duenos Arres shape or form undermines his been done by a trick is one which ber of solutions for his being Hongkong and Shanghai Bank, the handwriting, being points which chaschen value as an expert and in token should commend itself, as it com there. of that fact we know, that Mr. mended itself for some period to
There was at that time a possibility would be spoken of in evidence by Dairen (Dalny) Nagoya He would have gone in for the of proceedings against the bank on Professor Shellshear, Dovey has been engaged by the Mr. King and other people con purpose of sharing in the illicit the question as to whether they Mr. Jenkin spoke for two and a Police Department at least, on cerned, very highly to your con-
gains. It would have followed on
were entitled to debit the Govern, half hours, the case being adjourn- Harbo various occasions for years
onsideration. I don't have to ask the successful putting through ofment with the amounts of the three led until Monday. these matters and in this ease you to find that it was obtained
this matter, but assuming that he by a trick because all you have to happened to be in co-partnership particularly from the start."
sny is "Well if that is the best the
with a man who had a little more Crown can do we are not satisfied
agile mentality and that he was double crossed and that Yeo re- that there is evidence before as which convinces un beyond a moral
tired on January 6 having got the certainty that these cheques are money, that, said Mr. Jenkin, waa forged,"
one solution which could account for it.
A Former Incident.
Referring to another incident which he said might influence their minds, Mr. Jenkin spoke of
the forging of the signature f With regard to the "missing" former Chief Justice, Sir Wil- Chunk Man-kun, Mr. Jenkin Ham Rees Davies. Mr. Jenkin ex-pointed out that he was tendered plained how he procured a docu- on Thuraday by Mr. Potter who ment authorising the arrest of a said, the Crown did not consider chip and also a fresh one. He he could throw any light on the took that away and by using case. Mr. Potter had also stated graphite and glass he traced on that he did not know what the man the paper laboriously overnight, would say anyhow., Chung was the signature and then filled it up the only other man in the Trea with ink. He handed the docu- ment up and the Chief Justice saw that it was a warrant for the arrest of a ship and having the surrounding circumstances, which was the real test, said it was his signature. With careful scrutiny alone that signature would not have passed muster.
It was therefore, not a question of a man sitting down for a few minutes and writing a signature.
sury who was engaged with Tsang on the books. Supposing Chung had gone into the box and had said that the book was in use and the numbers were never altered. That would throw a very lurid light on the happenings at the Treasury in connexion with the cheque books,
Evidence Left Out, Mr. Jenkin asked who could say that the witness could not pos sibly throw any light on the case. They were asked to believe 'from Teang that before Mr. Black went to the Bank with Chung that Taarig had explained to Chung and had shown him that thirty cheques were missing. Mr. Messer did not know. He talked with Tanng at his desk but Tenng did not tell Mr. Mosser or Mr. Black but he told Chung.
в
Crown Counsel Objects,
Mr. Potter interjected and sald that it was the bounden duty of counsel for the defence, who now admitted that his client was a swindler, to have to put to Tsang the part played, how it was effect- ed and the part Tsang played as to being double crossed., Instead of doing that counsel had put nothing of that to Teang and now put a suggestion to the jury that possibly what happened was chut Yeo double crossed Tanng who having nothing, romained here, Mr. Potter protested against the prozedure and said it was un- justifiable.
Mr. Jenkin replied that he did put it to the witness that if his handwriting was on the cheques he was in the swindle, The question na to why Tsang On-wing was still in Hongkong after the ac- cused had gone away was one of pure speculation. The counsel for the Crown in his opening address asked the jury to consider why Tsang was still in Hongkong and he (Mr. Jenkin) was then asking them to speculate as to why he did not go away.
On Half a Case.
Continuing, Mr. Jenkin eald, "Can you conceive when it is known that Mr. Dovey has been at the back of this matter, any more im- portant witness, that it would be the duty of the Crown, when it in their duty mark you, to put all the material they can before you so that you can adjudicate fairly?.
Common sense, fairness and justice calls for the placing before you of every possible assistance: Could any tribunal, with the know. lodge that he is available, say that It is satisfied with the presenta- to the Bank with Chung who could not the point. Ile regarded the tion of the case by the Crown have told him all about it. All he matter as going to the root of the which fails to give you the assist ance of the gentleman who has
been behind the scenes, who has been consulted periodically by the Crown generally on questions con-
When Mr.. Black went to the. Bank with Chung he made the startling discovery that the cheques were missing. Yet he went
The Case for the Defence. Mr. Potter said that that was
NEW LAUNCH FOR HARBOUR DEPT.
A trial took place on Tuesday | for the distinctive "Tyfon" air afternoon of the new Harbour Do-whistle, a fitting most suitable for partment Launch No. 10, of which this class of boat owing to tho
photograph appears above.
Calcutta
Bhanghai Ebionos.xl Bingapore Bourabaya Bydney
J
R. M. McLAY,
Manager,
Hongkong, 7th January, 1927.
申恹工低銀行
BANQUE
FRANCO-CHINESE.
pour le
Commerce et l'Industria. (Incorporated in Franca.) Prine's Buliding, Chater Road, Hoar Hong
Head Office:
76, Rue Bt. Izzaro, Paris.
Captial fully paid up Frs. 50,000,000 Special working
Karachi
Kobe
Branches and Agentles at Saigon Ban Francisco
Londen
Los Angeles Lea
Capital Beserves
Maolla Nurasaki
Newchwang
New York
Osaks Pektor
Rangoon
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(Mukden) Hamburg Hankow
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Tien lain Tokro Telnenta
Thisted
Vindivcelock (Temporarily closed) Interest allowed os Current Accounts, Deposits received for fixed periods at rai to be obtained on appileadien
I. HORI,
MARAECT. Hongkong, 12th March, 1028.
THE DANK OF CANTON, LIMITED.
ESTABLISHED 1112, (TE Head Omice:-Hongkong. Authorised: Capital
Pald-Up Fund
Reserve Fund
BRANCHES 1-
$11,000,000.
0,621,200. 850,000.
Canton, Bhanghif, "Henkow, Bow, Bangkok, New York and Ban Trap
J
LONDON BANKERS;—
Paid Up Capital
BRANCHES
the
a
The Lloyd's lark, Idmited. Correspondents in all Principal cities every description_tranenstad...
Safe Deposit Bonus (various elson) · at yearly rental of from 55 to $40,-
LOOK POONG. SHAN,
Chial ManagES). Hongkong, 18th February, 1991.
small quantity of air consumed, BANQUE DE L'INDO-CHINE. Designed by the Hongkong and The dimensions of the craft are: Whampoa Dock Co., the boat was-Length, 50 feet; breadth, 11 Brad Office H, Boulevard RemmaLn, Park, built and machinery Installed at feet 3 inches; depth, 6 fest. Entecribed Capital Pr. 72.400,000,00 the Cosmopolitan Dock. The ma After half an hour's preliminary Reserve Fund precipitoonkey.fra.103,600,000 chinery consists of the now ubiqui test on the previous day the launch BANGKOK
BOUMEA tous Gardner semi-diesel heavy all
BATTAMBANG PAPETTE was run round to Kowloon Bay
GHT:0
PEKING... engine, this particular one deye and put straight on the measured
CANTON
'PONDICHERRY .. loping 72 B.II.P. at 400 revolu- distance, two double runs being
DJIBOUTI‘..
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FORT-BAYARD SAIGON corporates all recent improve somewhat choppy but she
HAIPHONG HANKOWO mente in design and control and aged just under 0% knots which
BANOT the finish is typical of the maker's
HONGKONG MENŐTER expression, immaculate. A small
B TIN and neat petrol compressing set is also fitted for the initial charge of the air receivers of which there are two, but only one was uacd for starting and manoeuvring, the air consumed being easily re- plenished by the main engine air
compressor.
(Mr. Jenkin), could say was that legal profession in criminal at With the exception of the main man so obviously and intimately tera Previously they had not fuel tank and silencer the min- connected with the matter could known what the accused's position chinery, fittings and stern gear
Crown Case throw light upon it if he had been was and until the called. He suggested that Chung closed and they were informed were supplied by Mesars. Dodwell & Co, Ltd; who are also agents
aver
is considered most satisfactory for |
a launch of this alts and power.
BHANGHAI BINGAPORE
7 ENTEIN
TOURÁNK YUNNANFU
BANKERS,
Ia FRANCE1 Comptoir National &Troostyțe de Parías Credit Loonnale; Basque de
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Bankers,
France: Societe Generale; Bangus Nationala do Credit, Banque de Paris ot des Pays Bas.
London Midland Bank Ltd.
New York-American: Exchangs”- Irving Trust Co., Banca Commerciale Itailand
San Francisco:-Bank of Italy. Every description of banking and Exchange business transacted. Corres- pondenta throughout the world.'
L. Bernis, Manage,
"Hongkong, 3rd August, 1928.
THE BANK OF CHINA.
SPECIALLY AUTHORIZED BY PRESDEN. TIAL MANDATE OF THÉ REPUBLIC OF CHINA ON THE IND OF NOVEMBER, IPIT,
Authorised Capital ........................$60,000,000.0 Pald-Up Capital .................................. 18,378,000,00 Beserve Funds madanman 9,821,426,24
HEAD OFFICE: PEKIHO, HONGKONG BRANCIL.'
4., Queen's Road Central, Branches and Bob-branches all over. China and Garrespondents in Europe, America and other parts of the world,
LONDON” BANKERA 300TD4 Mational Pro« vindal and Union Bank of England, 142.
The Guaranty Trust Company of New York, NEW YORK BRANCHES :—The Irving. Mar Uional Bank.
The Equitable Trust Company of Hire York Interest allowed on Carrent. Accounts and·· Wed Deposita. Terma on Application,
Every description of Banking · bondamme Ernennetmd.
Loans sranted on approved severities. Bossial facilities for Home Exchanen.
SHOU`2. CHIDI,
THE BO BONG BANK, LTD.
accom-1 LONDONI The National Provincial and || Authorised Captial
speeds and at the full power astern Manoeuvring texts at alow
were also satisfactorily plished and the machinery ran throughout without the slightest bitch.
Valos Bank of England Ltd. Comptoir Ioed National Topid de Parles Credit Up
Leonnala,
...
CAPITAL.
In NEW YORK; J. P, Morgan and Co. Nomorná - ZIZAHULLOS
French Atzerloan Banking Corporationi bodars Guaranty Trust Co. of New York Interest allowed on Current Acquants and
The launch should prove to be a tion to the Harbour Department Every description of banklas and eschanks most handy and economical addi-yixed Deposits secording to arrangement. fleet and we wish to extend our Safe Deposit Boxes to Ji
Epalno transacted. congratulations to all concerned for this excellent example of pro- gressive policy.
"A. LECOT,
Мавкра Hongkong, 24th Wabenaty, 1977.
J
· HIRAD' OFFICE:-SINGAPORE
Branches, agencies and Correspondents is a the principal silla of the weziden
Every description of Peaking and Eidianen. balzam trapasetuks
HO LEỮNG HOR