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Grenadier Guards Band No. 9297.
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THE HONGKONG TELEGRAPH,
CARVALHO YEO DEFENCE.
MR. JENKIN SPEAKS FOR TWO HOURS.
TREASURY CRITICISED,
The defence in the Carvalho Yeo |trial, concluded at the Criminal Sessiona yesterday afternoon, when Mr. F. C. Jenkin spoke for two hours in his final address to the jury,
THURSDAY, DECEMBER 6, 1928.
The Cross-Examination.
Mr.
ho Jonkin then' sald |thought they would be struck very forcibly by the cross-examination of the only export witness pro-. duced before them, comparatively aponking. The cross-examination of the handwriting was directed to Tsang On-wing. The signa
tutes of Mr. Black and Mr. Messer
were passed, unnoticed by pro- feature remarkable in the highest secuting Counsel which was a
degree.
3
Counsel went on to point out that the Crown had put before: them such things as ticks and bloba.
In the course of his address, Mr. Jenkin reminded the jury that this
They must have been astonished was a criminal trial and not a civil in view of the fact that those action, and the prisoner should not points must have fully occupied be condemned unless the charge the many members of the Trea was proved up to the hilt.. There sury and other Government de- should be no conjectures or sua-partments for many months to find picions, and if there was the that all those points were put for- slightest doubt, the prisoner was ward for the first time on Monday. entitled to the benefit of it. On that day, for the very first- Continuing, Mr. Jenkin said he time, under all the scrutiny the would put it to the jury and to was auggested that in one out of auspected cheques had received it the judge that the cross-examina-41 letters and..figures that there tion of Professor Shellshear had
was an indication of shakiness. only skirted around the matter and Could they possibly favour the pre- had not nearly gone to the founda-sentation of that kind?
tion, and he aubmitted the wit-
ness's evidence in which he was backed up by Osbourne (a hand-
"The Boiling Pot."
writing authority) that these There must ariso very grave writings could not have been re-doubt as to why any Counsel with prosented upon these cheques by another man for their serious con- sideration.
Forgery Or Not?
The question was clearly for gery or not? It had been agreed by Mr. Messer as having been a clear issue of which he was conscious weeks before he enterod
the Sessions Court. That being No, what did one expect of a pro-
Becution which went into Court
any standing and experience could possibly fail to put that point forward at the threshold of his caso upless he was not satisfied that it was a good one. If those moment were the jury going to points were produced at the last give them any value at all when they were just put to a witness and received no support?
for the Crown, did it not look us Without disparaging the case though it was decided to "Throw and asked them to take away the into the bolling pot" all those liberty of a man? It was a very Jenkin submitted that those points, points at the last moment. Mr. necessary duty of the Crown to Iny before the Court every pins together with the alleged shaki- sible bit of relevant evidence ncaa were of no value at all. If which would be of assistance. It the points lind any substance in would be obvious to them that on made at a very much earlier stage. them at all they should have been
the fasue, whatever might have
beet the opinions of experts in the of the investigation.
old days, the views of present day experts were of prime importance,
No Perjury Accusation.
So far as he (Mr. Jenkin) was
Counsel went on to say it had concerned, the present case had been put to them that if they ne- unparalleled circumstances. They copted the views of Professor had the evidence as to handwriting Shellshear, then both Mr. Messer. us affecting the Crown' put before and Mr. Black were perjurers. them under two heads, neither of That was not so at all. If the which could be classed as experts.natural result of the evidence of
They had had it from Counsel an expert witness was the charg and witnesses, witnesses who ing of people concerned with per- baulked Counsel in cross-examina-jury, was not his (Mr. Jenkin's) tion as their refort was "I am not position equally litficult? If he an expert witness."
80.
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not his, was fallacious in the enst any impugnment, much less to higliest degree. Were they to ask anybody else to do so, on the
he was
urged on the jury that in the face Evidence Not Called.
of the handwriting evidence the signatures were genuine and Referring to Mr. Dovey, who thereby accused Mr. Messer and had been concerned with the hand Mr. Black of perjury, on that they writing, behind the scenes, Mr. would not and could not find them Another suggestion that was say, because the heads of depart conduct of Mr. Black in cross- Jenkin asked if it met with the to be perjurers. But, could it be put to Professor Shellshear was menta had reinstated Tsang, that examination in the witness-box, Jury's approval that Mr. Dovoy said that the jury must throw that if his opinion was true, in he was innocent. It placed the but it was a difficult duty which had not gone into the witness boxalde the evidence because of effect did it not follow that he jury in a position where they were he would ask the jury to appre- was charging Tsung On-wing with practically told that because it clate and bear with him in its to give his opinion in handwriting that?
Mr. Messer himself had points.
In every case there was a con- criminality? Mr. Jenkin naked
titled to use their own judgment. which had to do with Mr. Black's. sald that Mr. Dovey had been en-fict of evidence, but where there the jury to suppose that to head been done they were not en-discharge, in relation to a matter gaged at a fee and had assisted wna a conflict it did not follow that true. He asked, "Is that the first Mr. Jenkin contended that very unsatisfactory replies. He Mr. Potter when required to do people on either side must be per- time that Tsang On-wing has been Teang's discharge was a mintter of was going to refer to one very tell- He had never thought suspected of criminality? Have absolutely no importance at all. ing incident which, in fairness Mr. Joakin went on to speak of such and did not think such of not other people believed it? Was It might have been different if both to the defence and to Mr.
He he not in Victoria Gaol for 21 days they could see on what grounds Black, should be quoted. remark he made when Professor Mr. Messer and Mr. Black, Shellshear was giving evidence firmly believed that those two gen- because people thought he was a
discharged. Without Referring to the shorthand and Mr. Davey looking down into tlemen sincerely believed that criminal" He would ask them, those grounds, he asked them what notes taken of the incident roforr- the court through windows on the they had never aigned the cheques, however, not to be influenced in possible value could be placed od to, Mr. Jenkin said Mr. Black floor above. On that occasion, Mr. Counsel continued, his conten- any shape or form by such an ne-
upon Teang'a discharge.
had stated that before he went to Jenkin asked Professor Shellshear tion was that the two gentlemen dence, that there were perjurers thesis, counsel said he would sub-cheques at all, he knew that they cusation following from such evi-
Returning to the trick hypo- the Bank; before he ever saw the to speak up 80 that Mr. Dovey were wrong in that bellof. He could hear. Counsel said he wish had brought before them beyond and criminals in the witness box. mit, bearing in mind that it was were forgeries, and that he did not ed to apologise if the jury con- any question of doubt, that from
With regard to Tanng, the ques- in fact entertained for some con- have to look at the cheques to sidered that he had intended to the first until at least when Mr. tion of his discharge was pressed siderable time, that the con- know that they were so. Yet in cast any alur on Mr. Dovey, but T. H. King went away from the on them by Counsel for the pro-sequences were such as would lead spite of that professed knowledge, ho could assure them he had not Colony, there was a consideration secution in his opening. If they the court to think that the signa-Mr. Black did not report his con that intention.
in the minds of oficialdom, of examined that discharge, however, tures might very well and must viction to any of the responsible He was obsessed with what he those most intimately connected they would see it differently. On certainly have been obtained by officials of the Treasury, leastways should like to term the injustice with the matter, that possibly Mr. the basis of the handwriting in means of a trick. He would nak to Mr. Messer who one would na- of not calling Mr. Dovey when the Black and Mr. Messer were mis- the body of the cheques. Thang them, were the circumstances turally have expected to have been Crown were asking them to find taken, because on no other possible wan arrested and detained for 21 such, as had been disclosed in the the very first to be informed on the accused guilty of forgery. He basis could the hypothesis of a trick days. As far as he could see, no trial, that it was impossible that a matter concerning the disposal made the remark to draw public have proceeded, *So that It evidence at all was given before they could have been obtained by of a quarter of a million dollars, attention to the presence of Mr.decan't by any means follow, and the Magistrate. An investigation a trick? He did not want to lovel Not until Mr. Black had returned Dovey. Counsel added he could I trust you will not be again in-was made, those Investigating in any unneccesary criticism with re- from the Bank did ho speak to not help noticing that Mr. Dovey vited to reject entirely the evi- cluding Mr. T. H, King and Trea-gard to the rouline which was fol- Mr. Messer about it, was even in Court during the denee on the ground that unlesa aury officials. Was it fair to say lowed in the Treasury, but Inso- In cross-examination, Counsel course of the trial. He had not you reject it you are going to find that that anything more far as it was his duty te do su, had asked Mr. Black if he had intended to cast any slur on Mr. these two guilty of perjury,” than a departmental discharge? he must do 80.
spoken to Mr. Messer before he Dovey as an expert, but his pre
Nothing was gone into legally,
wont to the Bank, and on being sence before the Court was one
but it was done departmentally.
asked to say why he had not, Mr. of the first essentials of the con-
To any, because Tsang was ao dis- In a small Colony like Hong-Black had said It was not necos- duct of the case.
charged, that the handwriting was kong, he had been reluctant to (Continued on Pupe 10.).
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SCOTT'S Emulsion brings health and strength at all ages of life. Contented and happy are little ones who are nourished
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11....
HUGS, WHO SWIPED THE |HOTEL DEFLOP SAFE ARE ALL SET TO BLOW
IT UP IN ORDER TO GET THE SHECKLES JEWELRY- MEANWHILE CLERKSAM HONEY, WHO
DISAPPEAREDİ ON THE NIGHT OF THE THEFT, IS STILL MISSINKS
AND BELIEVED GUILTY OF THE ROBBERY-
TAN ŞAM
(SOOH'S I LIGHT TUE
FUSE, RUN! HERE'S HOMIN' TH' DOOR. BLOWS OFF!
· IF TH' NITRO DOESN'T DO
TH' WORK- DYNAMITE!
The existence of the trick hy. potheats, continued. Mr. Jenkin, camo frat from the lips of Mr. Messer himself.
BOOM
WIŁA
Three Long Cheers
Mr. Black's Réplies."
WHAT
THA-??
TH' SAFE'S EMPTY!
By Small
́HURRAY FER MEI TH'.
JEWELS ARE SAVED ! | SURE PUT ONE OVER
ON "THOSE BIRDS!
CENSORED
air