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THE BANK'S CASE
OUTLINED.
CONCLUSIONS ON EVIDENCE AS REGARDS HANDWRITING.
SILENCE OF TOMB.
THURSDAY, MÀY 16 1929.
This trusted servant of the Trea apry and his resistant Choungt Man-kuen, were arrested and pro-) accuted although no evidence was taken before the Magistrate. The
charge against them was only com- patible with one view; that the signatures were genuine and that Tsang had conspired with someone clac to obtain them. The jury would see at that stage the view was held which he had pressed upon them by the people most concerned with the question.
In a final speech to the jury occupying the entire sitting of the
With regard to Mr. Black's Court yesterday, Mr. F. C. Jenkin signature, the evidence as a whole, summed up the case for the de-showed that it was not repudiated fence in the Government v Hong for some time afterwards. Upon kong and Shanghai Banking Cor- what date Mr. Binck repudiated it poration action.".
.counsel said he did not know but it was not repudiated at the bank interview.
►
Counsel Embarrassed.
Speaking of handwriting general. ty, Mr. Jenkin anld the Jury would recollect that a very considerable body of evidence had been put be fore them as to the bank Interview
Counsel continued he had always which had a very close relation to the trick hypotheals. He would felt embarrassed about the bank suggest, on that aspect of the case, interview. On the previous day there had been a possible misappre- when Mr. Hegarly and other bank hension as to what line he had witnesses gave evidence, the sug- intended to take on the matter and gestion was made by the other side what he intended to submit. Mr. more than once it was a matter to Jenkin continued it was never his which he (Mr. Jenkin) attached Idea that the parties were absolutely great importance, while the other decided at that interview. His side did not. In fairness to him- point had always been that there self he reminded them that the bank was a state of absolute indecision interview was opened by Mr. Potter. Mr. Black gave evidence in detail' on the part of everybody concerned with the Treasury and Government with regard to it. and they did not declare their hands at the interview or at the Treasury, or in the letter which was written to the bank on January 20.
Therefore the matter was lald before the Court for the first time by the plaintiff.
Mr. Jenkin went on to say the
only one conclusion from the bank interview was that Mr. Black did not, as he now asserted, make a de- claration that his signature was a forgery and that he did not make a declaration that the bodies of the cheques were not the handwriting of Teang On-wing.
He had adduced the whole of that evidence and kid weight on it for the purpose of establishing the facts showed, if the signatures of Mr. Black and Mr. Messer were in fact forged, and were so consider ed by the signatories themselves from the very frat, there was a singular want in the evidence of any declared expression of view.
The Ides he had had was to put before them evidence showing the possibility of the signatures being genuine on the basis that they had been obtained by a trick. That was the view if not held by Mr. Messer, as he had said it was not, was certainly held by all excepted Mr. Messer, who were engaged In the matter on behalf of the Gov ernment or the Treasury at that time,
It would probably be pressed upon them by the other side that the retention of counsel and Pro- fessor Shellshear on July 19 was Indicative of it being appreciated that the case for the Treasury was that the afgnatures were forged. on that assumption, he would er- Plain that the amount involved was a quarter of a million dollars. The at from every point of view. cheques had been queried and look-
Witnesses Not Called,
all counsel know.
Was it not significant, asked Mr. Jenkin, that the two Government Doubt as to Forgery. auditors had not been' Invited to as- Taking the evidence as a whole sist them with what took place at the bank Interview, if the inter-. the only conclusion it was possible view was of any importance at all. to come to with regard to the con- Mr. Messer had aaid that Mr. temporaneous facis, was that there Dalin had gone away recently, but was a state of Indecision in Gov-he could, said counsel, have been ernment circles on January 18 and held back for the сияс. Mr. for some little time afterwards, as Maughan was still in the Colony for to whether the signatures were for geries or whether they were genuine and obtained by a trick.
If the signatures were known to be forgeries by the signatories from the start, why was it that everything which took place at the time pointed to the fact that at least two hypotheses were being entertained (1) that they were forged and (2) that the signatures were genuine and had been ob tained by some trick in the Trea
BILTY.
Mr. Jenkin said another point was, on the assumption which he would submit on, another aspect of the case, was impossible, that on discovered for the first time that December 22, 1927, Tanng On-wing.
hibit "F" had been altered and 30 the cover of the cheque book Ex-
for anybody to believe he thought cheques extracted, was it possible that the book had come in that state from the bank and therefore nothing need be said or done about the matter. That therefore there was no need to talk to alther Mr. Black or Mr. Messer about it?
"I put it to you it is impossible to escape from the conclusion that that view was held." Counsel added, they could not square every-
The matter went right down to thing which took place at the timo with anything but that vicw.. Ir the core of the case. If Tsang had that view was held by people who would never had come on and noth- appreciated what he saw, the caso should have been very intimate with the general surrounding cir- ing would have happened. cumstances, was it to be said that the bank should be bridled and governed by. department's
П mentally changed 'front and that It was almost audacity for the bank to appear in the Court and say that the hypothesis of a trick was en- tertained?
Cheque Book Evidence, Dealing with facts relating to the book which counsel said were either admitted or proved, he went on that the book arrived at the Treasury from the bank with '600 cheques in it. It was checked and the receipt acknowledging the re- Mr. Messer Not Attacked.
ceipt of the 600 choques, signed by After commenting that he did Mr. Messer, wan returned to the not attack Mr. Messer in any per bank. It was sent to the gaol for sonal form, counsel aald he was printing and was returned to the asking the jury to question the Treasury, still complete. It was Lelephonic communication between put into the safe complete where Mr. Messer and Mr. Grayburn, as
it Iny for 14 days. It was taken
On an objection raised by Mr.
deposed to by Mr. Messer bat denied from the safe on December 20 and by the latter. Mr. Jenkin said the put into use in the state in which matter had not been mentioned beit was received from the bank. fore until the present Court was reached. Unless the jury were go. Potter, his Lordship pointed out it fng to attribute a trick of a very shown that the book was not alter- was not admitted or conclusively mean order to a banker, they must doubt that matter.
ed when it was taken from the safe. Counsel went on to say. It was Nothing was noticed until the third quite clear from the evidence that day.
Continuingk Mr. Jenkin" said
there was no notion by anyone that that Tsang On-wing and Cheung Mr. Messer's signature was Te
pudiated until eight days after Man-kuen worked on the book and wards when Mr. King visited the it was not until December 22 it bank, stated that Mr. Messer's was found that the numbers on the algnature was repudiated and ask cover had been altered and that 30 ed for examinatior of his previous cheques were missing, cheques.
Teang Not Consulted.
Guilty, Knowledge? For eight years, continued cumin. Mr. Jenkin submitted it was unsel, the Colonial Treasurer had questionable that the view was trusted Tsang as his deputy in the held that the writing in the bodice custody and entire looking after of the cheques was that of Tsang the cheque books. The question On-wing because there was a very which would be loft to the jury, marked refraining of any consulta subject to any ruling by his Lord- tion with him on January 18. ship, was "when Tsang or Cheung, Tsang's ovidence itself ahowed that the two men in the Treasury en- nobody spoke to him at all that trusted with the custody of the afternoon with regard to the hand- book, made the discovery on the writing except Mr. King, who ask third day, did they know that ed him a few questions prior to his something wrong had taken place; arrest. They knew the arrest took that that alteration had been made place late in the evening. It ap after the book had come from the peared to counsel a curious fact bank and that the 30 cheques had that the officials in the Treasury been taken out after the book had most concerned in the matter con- come from the bank?" aldered that Tsang was in it, other The other theory was that Tanns, wiso if they held him in the high having made the discovery, believed cateem they say they did, it would the book had been sent from the at least have been fair to him to bank-in that state. If Taang or have asked him for an explanation Cheung had come to the only but they asked him nothing.
(Continued on Page 10.)
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