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THE HONGKONG TELEGRAPH,
FORGERY TRIAL VERDICT.
THURSDAY, DECEMBER 6, 1928.
(Continued from-Page 7.) If Tsang was in the swindlo why did he report the loss of the in cross-ckamination, would give sixty choques to Mr. Messer ten up the opinions he had formed. days before the swindle was put The only line of attack was to through? That would be the last Hake alleged forged handwriting thing Teang would do, if he was
and see if there were any charac-mixed up with it in any way. teristics which were found in "He may be a fool" said Renuine writing and then nak Counsel, "but I put it to you, he the witness to explain. If is not n knave." witness anid that such was an] accident then the jury could not; believe It.
cause of Professor Shellshenr'a own evidence.
The "Swindle.”
been obtained from defendant for the mere unking of it.
Routine at the Treasury.
A Scotsman?
the
of the bandwriting which was "ACROSS THE PACIFIC.” unexplained, also the miraculous appearance on the three cheques in dispute of all the points he had brought out. He contended that the Crown had overwhelmingly proved, their case. '
to
Judge's Summing Up.
Question of Forgery,
Beside the Paint..
STORY OF THE SECRET
Cross-
the in and by the best of authorities were sometimes exploded by the test of facts,
WHEN YOU CANNOT EAT,
The Reason and The Remedy.
:
And
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set
Dr. Williams' Pink Pille have and. world-wide reputation
SERVICE AT STAR.
"Across the Pacifle" which is the feature of the continuous pro- His Lordship profaced his gramme at the Star Theatre from summing-up with the following to-day to Saturday tells a thrill- remarks: Gentlemen of the jury, ing story of the Secret Service in we have now reached the closing
Philippines during the Proceeding, Mr. Potter said that stages of this very long trial to the
war. Monte when a person was in the witness which you have listened with so Spanish-American
Counsel for the box he was amenable to the same much patience, treatment and to the same cross- Crown and counsel for the defence Blud, the hero, plays the part of a What Was the Idea?
examination. He was not claim- have addressed you at great length young man, who, after a mis- on material points and facts in understanding with his sweetheart, With regard to the handwriting in for Mr. Messer and Black any points stated by Mr. Jenkin to be special immunity, because one was this case, and I feel it unnecessary leaves home and enlists with a new they were put forward be. Mr. Messer and the other the ac- 1 to go oyer it again at the same regiment drafted for service in countant of the Treasury. He longth. It is my duty before you Manila. A native girl becomes asked the jury to apply to their consider your verdict to direct you evidence the same test as they on the law and sum up, the facts, enamoured of Blue and her love
Loss of appetite is Nature's 1t was impossible, said Mr. would apply to the humblest The first point of the case is the precipitates a series of thrilling
hero warning that something in the Potter, for a man, to suggest any witness. There was one rule indictment, This is framed in events, during which the trick which would induce which must be followed. If any formal terms as required by law. fuds himself in constant danger complicated machinery of the Black to sign his name in exnetly thing is suggested against It may have sounded very formid- of his life. Though an excellent system has gone wrong.. the same spot on all the three witness, counsel must put it to able to yon but in really it is very blend of history and fiction that something almost invariably cheques. If Taang On-wing was them in order to enable them to re- simple. It consists of six charges, "Across the Pacifie" provides an is the blood. Good blood helps in the conspiracy, then what was fute it.
(a) three of forgery of the three extremely interesting picture and the Idea of 60 cheques being.
cheques which are now exhibited one quite out of the ordinary as the digestive organs in their work stolen. Mr. Jenkin had not mon-
before you as A. B. and C., and regards the theme and direc- by supplying them with the Lioned that and Mr. Potter did not
Mr, Messer had said that there (2) three of uttering the some tion. Myrna Loy, Jane Winton strength they constantly need.. and Tom Wilson are among the If the blood, is impoverished and blame him berause there was no possible explanation. It was just a routine in the Treasury and chequea."
His Lordship then dealt with principal members of the large wonk these organs fall to receive he invariably followed it. In an-
this assistance and they reglater like the trick point.
complaint by ceasing to call for Was it not a remarkable factswer to Counsel he had said that the law on the subject na present- cast.
he had
never signed blanked by the local Ordinance of 1922,
food. that any person could pick out the
which treats as a forgery any
Poor cheques.
appetite never three suspected cheques from any
If the defence was
thut Mr. false bill of exchange auch as a deceive those who were intended
It is generally accom-" number of others, merely OT account of the position of the "B" Messer had signed a blank cheque bank cheque is. He then went on to be deceived by the cheques, alone. the slope of the and the cross then the prisoner was guilty. If to say that before the jury could the forgery must be more than panied by indigestion, headache, It must be excellent, in bad taste in the month, coated convict the accused of forgery good. on the apart from the other he, Mr. Potter, put his signature they must first be satisfied (1) that order to pass the test of modern tongue, flatulence, lassitude and
examination. There points? Also those three which to a blank cheque and another the three cheques were forged (2) scientific would inevitably be picked out person filled it up with $1,000 in that the accused forged them and could be little doubt that A., B. lack of spirits and energy during, were the only three challenged. stead of $500 as Mr. Potter in- (3) that he did so with intent and C. were not written by a man the day, often also by disturbed
defraud. Su also before like Tsang. On-wing. The jury rest at night. Mr. Potter submitted that they tended then that was forgery.
What you require to Mr. Potter said he SAW eould not necept Professor Shell-
they could conviet the accused of had examined the exhibits in shear's evidence that it was an shadow of the Hongkong Bank be- forging the cheques, they must be question. They had also examined matters right is tonic treatment, accident.
hind that defence. If # blank satisfied (1) that the cheques were the three names and writing given and this is provided by Dr. Wil acims Pink Pille for Pale People, Counsel then went on to deal cheque was signed perhaps they forged (") that the accused knew by the accused In the three with detalls of the various hand-could not reclaim the money, but they were forged and (3) that he counts he operated with different the world's most famous Blood
used them with intent to defraud.banks and questions in
and Nerve Tonic. The good, writings, pointing out in partiču- nevertheless it was forgery In
examination, had been in- lar that a cheque written by the criminal law. If the witness had,
new, strengthening blood which tensive on the difference pre- accused which, hore the name in reply to Mr. Jenkin, admitted Katz and Co., the "TZ" was that he signed blank cheques, then
The first point was, whether sented in the respective pen- these pills create quickly revives of three accounts. the debilitated and exhausted |written with a block "Z" while as far as the present case was con- the cheques were forged. The muship | that similar formation also appear-cerned it finished the prisoner. whole case stood or fell on that They had heard Professor Shells digestive organs, and the Orat
ed on one of the suspected cheques
Mr. Potter suid the Hongkong first point. If they found the hear and his theories on mental proof of this is noticed almost peculiarities at once in a quickening of the while there was not a single Bank had been clients of his on cheques were not forged, then they reaction and the example of Tsang On-wing having many occasions but "they have no might find the accused not guilty. which must always be present in appetite. Then the digestion be- comos normal, headachen dis- used that formation, he using right to keep you here in an effort
In the absence of direct evidence one's writing, however much the small "z" with a ̈tail.
to get a decision which they think no-one had seen accused de the form of the letters might vary appear, you rise in the mornings they might get in another place." elual forging-the jury had to and which could not have been
Mr. Jenkin, on the previous draw their own conclusions from copied by any clever forger. The feeling fresh and invigorated Speaking of Tsang On-wing; Mr. afternoon had drawn the jury's the surrounding fremstances, fury had had ample facilities for after a night of sound refreshing Potter said that when a person attention to the varying te which was a more diffleult task and looking at the text-books contain-sleep..
on which they had to proceed with ing different theses on the subject. was charged with such a crime, it ment made by Mr. Black as to
the greatesi caution. In this These theories might have been a was the duty of counsel for the whether he did or did not report task, they must be guided by the sound in themselves, but they innumerable cures to their record defence to put to that person the to Mr. Messer prior to going to the facts connected with the apknew by experience that perfect as a guarantee. They are obtain detalls se that, he might have Bank on January 18. Mr. Potter pearance and handling of the ly scientifle theories of long standable from elemists everywhere. chance of refuting it. Every de suid that the jury had to hear in cheques as presented by tail of the conspiracy, could have and that Mr. Black was subject evidence which had been laid be.
ed to a lengthy eross-examination fore the Court.. If Tsany was in the conspiracy, and was on his guard, the prisoner was the man who hadi The full detalls of it'hat his finger's ends for he knew exactly the part He did not know if Mr. Black played by Tsang On-wing. It with was a Scotsman, but said that the bounden duty of counsel, who many a ahrewd man would be on suggested the conspiracy, to put his guard and if asked whether it to Tsan On-wing, in order to spoke to Mr. Messer about the give him a fair chance of refuting matter would answer exactly
, but instead of this, all that wie When Mr. Black was asked suggested, to Tsang was that the handwriting was his, that he was whether he did report the matter in the swindle and that the his answer was that he did not evidence in regard to the non-re-report but did speak. If that was porting of the missing cheques the only ground on which Counsel
for fraud. Nut for the defence would attack Mr. was consistent with it. syllable was put to Tsang as how Black, then all Mr. Potter could the swindle was carried out. say was that he was very pleased The suggestion had been made to have such a witness on his side. that Tanng did not run away, be Mr, Potter then asked what was cause he was double crossed by the the trick that was used to indag Mr. Potter submitted Mr. Messer and Mr. Black to sign prisoner. that the reason why Tsang would the four cheques. He put it to the want to run away would be to jury, in view of the fact that no was in fact his, that would be in in fact there was no trick at all. evitable. There was no ground in Coming to the statements made in the first suggest that because Tsang did not by the accused get his share of the "swag" that instance, Mr. Potter said that the accused had said that he did not he stayed behind.
da the forgery of the choques and Mr. King Satisfied.
that anything he could do for the When Tsang and his assistant Government, he would do in Court, were detained by the Pollee in "What did the defendant do for January, what followed was not a the Government in Court?" asked Mr. Potter. "Can It be the shadow departmental enquiry but a police again, which has failen across him, enquiry, the result of which satisfied Mr. King, un experienced which prevented him from doing -officer, that there was no evidencen Court what he said he was pre- against Teang On-wing, who was pured to do?
the therefore discharged from
Ample Evidence. on his court without a stain
Mr. Potter then said he would character. Did the jury believe that Mr. King would have consent not waste time by saying who for- ed to such a course, had he not ged the cheques, but said there been perfectly satisfied, after a was ample evidence against the thorough investigation that there accused both in fact and in law. was no evidence against Tsang? First there were his activities in The next point said Mr. Polter opening his office and three bank was the most important and one! Ing accounts. Then there was his which he could not get over, try opportunity of getting at the as he would, If Tanng was in the cheque book. He had access to of would be the person who filled
the book was up the body of the cheques, who to see, how many cheques Bwindle, asked Mfr. Potter, why the safe where
stored. Iis actually being found in this case was Tsang On-wing. was it necessary to steal sixty cheques? That was a point which in possession of four of the Whether any charges were euh- were signed for when the cheques had never been dealt with by cheques was also to be remember sequently withdrawn would not came from the Bank, and he Counsel for the defence. If the d, and the incident which hap-have any material hearing, and should have reported if any were handwriting was Tsang's and the pened on the morning of January in this case it should be remem missing. There is still leas excuso signatures were obtained by trick, 5. was also of prime importance, bered that Tsang was 20 days in for him when it happened again, Had ho reported, on- there was no need to steal the which was that on a cheque being confinement while these invest the second time within a few quiries would have been made and cheques. There was only one ex- returned by the Hongkong Bank, gations were going on before he weeks. planation for the theft and that he appeared just before closing wat released.
steps would have been taken Criminal Records.
before anything serious happened. was because a forgery was being time with the Man Lee cheque for $95,000. There seemed to him, enorted.
said Mr. Potter, to be ample
"Counsel for the defence ank-onsiderations arising out of this evidence on which he could find ed during the course of the trial were of little moment in Court. It did not excuse anybody who par- accused netually guilty of forgery; for the production of the criminal ticipated in an offence, which The forgery must have been As regards the suggestion that records in this matter. I had either of the body of the cheque the Crown case was not proved, considered it my duty to rule might have been faciliated by an unintelligent man like Tsang On- of the signatures or both. Mr. Potter asked that when the against the application, because wing, commented his Lordship. There was positively no other ex-jury tested the evidence in the way I consider it would be injurious
In concluding, his Lordship planation for the theft of the he had shown them, had they any to the public welfare to compel directed the Jury on the legal pró chequea
doubt that the evidence led to one production. If the Director of cedure to be adopted before a That point is the keystone of conclusion and one..conclusion this case,"
sald counsel. "It has only, He anked the jury to take Criminal Intelligence: won't pro verdict could be brought in on any
duce them," said his Lordship. --- nover, been explained, has never the positive evidence of the Crown
Fourthly, with regard to the set of counts standing against the even been dealt with. It can't be," and to take with it the evidence cheques themselves. In order to
Coming to the point of "circum- stances" that must be noted be fore they could establish that the cheques were forgeries, his Lord- ship described the routine carried on therein as a "mill"-that was to say, the routine connected with. these cheques carried the cheques through various departments be fore they reached the men who were to sign them.
The question suggested itself in the first place, whether the ex- hibits A, B, and C, were good cheques, and if not, were they forgeries? If the cheques had engine signatures it might have been due to carelessness, or might have been obtained through A trick of fraud to which the ac
He spoke of the importance of rused was or was not a partner,
which Was beside the the vouchers which accompanied but point that the accused was now the cheques, and said that for being tried for forgery and tinta false cheque to be passed through these many hands without Both Mr. Black and Mr. Messer, being detected would connote that the two Treasury, officials princip-
careless. ally concerned with with the hand. the whole staff was disgracefully
If anyone of the staff ling of cheques, had stated in no uncertain terms that they did not found to be concerned in the pass- write or sign the cheques. They ing of the false cheques, he was said that the signatures found
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thereon were not theirs. They still there. The whole staff were might have been careless and the needed the jury to charge any of cheques might have been obtain them if they thought he or they ed by a trick from them. (These were responsible. were points which His Lordship said would be dealt with later).
Like the Genuine.
A Query. But his Lordship asked the jury:-Could they believe that both Mr. Messer and Mr. Black
fts
For the moment it sufficed that both admitted that the signatures could be induced to algn three on the cheques were extremely of four cheques for very large like theirs. It was always well amounts without any voucher be- when anyone was charged with fore them at all? "The system at forgery to consider whether the the Treasury," and the Judge,
enues had been actually signed "had
weak points! and naturally the or whether one had been tricked quito
most The natural was made of it. I refer into signing them. course for the police to adopt to the care of the cheques and the under the circumstances would be possibility of the cheques being to explore every avenue for the extracted without any clear or in- discovery of the truth. Only by telligent report that should have heen made. This Tsang On-wing, doing that would they have some-
I ask, you, is he a clever scoundrel, thing to proceed on. There was no reason why they should explore
or is he a dupe, or is he a man without a head for an emergency more in one direction than another. So one of the very first
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