28,-
Some weight might be given to the argument that
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the exceptional circumstances of an exceedingly busy day,
when many cheques had to be signed in a very short time,
might to lead to the repetition of pecularities in signatures
made at or about the same time.
The circumstance of the names of the payees and the
amounts for which a cheque are drawn being found to be
forged might on first consideration seem to point to the
likelihood of the signatures also being forged, but it
seems equally arguable that, as the bank would not refuse
payment on account of the names of the payees and the
amounts being in an unusual handwriting, the whole object
of going to the trouble of forging that part of the cheques
was that the similarity to the handwriting of Mr. Tsang
On Wing might be such that Mr. Messer and Mr. Black would
be deceived thereby.
We cannot put into the witness box an expert witness
who is prepared to say that he believes the signatures
to be forged.
There does not appear to be any such weight of evidence
in favour of forgery as would be likely to convince a
jury.
As the case is from the point of view of the
handwriting expert a border line case it might be deemed
advisable to seek a second opinion. Therein lies difficulty
for the only person in the Colony believed to be expert
(Professor Shellshear) has been retained by the bank.
The greatest expert is in New York, there are others in
England. The investigations have not disclosed anything
which would lead one to hope that other opinions would
differ from that of Mr. Dovey.
On the question of the weight of evidence and the
prospect of convincing a jury it would be advisable, as