1928-12-06 — Page 7

THURSDAY, DECEMBER 6, 1928.

YEO GUILTY! :

(Continued from Page 1) en handwriting went, the-defence was overwhelmed. In this connec- tion, he mentioned the text book by Taylor and Evans, and read i

"Injustice"*

The jury, who were absent for 20 minutes, 'raturned with a verdict of

Mr. Jenkin reviewed the evidence "not guilty on the three counts of of Professor'Shellshear. The forging the cheques made out to Min Tak Co., the Man Lee Co, and Katz and Co. They found, however, that Yeo was guilty of uttering the three above mentioned cheques,

cross-examination had "only skirt od round the matter" and not gone to the foundation of his testimony. It had been admitted by Mr. Messer, that The foreman (Mr, A. H. Fergu-conscious. weeks bofore the Ses- he Was paragraph from it to show that son), after announcing the find-alons begun, of a clear issue-that the persons concerned in, a case of;

ing, naked for permission to add a of forgery or not? forgery were the best witnesses rider. as to whether or not a signature had been forged. Experts could only give an opinion.

Mr. Potter said that experts on any subject always came to Court, with a preconceived opinion which

Mr. Justlee Jacks said that that ed circumstances, said Mr. Jenkin. The present case had unparellel- was unusual in Criminal proceed-Mr. Dovey has been concerned ings.

with the handwriting (in behalf of the Crown) and had not gone into the witness box. He, counsel, waS obsessed with what he would like to term the injustice of the Crown's

Mr Jenkin's Request Mr. Potter said that he would they would not give up. The best have no objection if the rider was and only way to attack such evi-in the accused's favour." dunce was not through the "set Mr. Ferguson (foreman) and opinion but to take the handwrit that it was not, and therefore His neas. ing and confine the expert to any Lordship did not allow it. obylous or striking feature,

ol

dence.

not calling him as an export wit-

Bage

но

Mr. Jenkin referred to a remark Mr. Jenkin reminded His Lord-When Professor Shellshear was giv This was what he (Mr. Potter) ship that in the course of the trial looking into the Court from the pas- ing evidence and. Mr. Davey, was with Professor. Shellshear he had asked for the production of

the floor above, He The dot on the " and other points Police records relating to the had asked his witness to speak up which he made were not new points charge against Tsang On-wing, but so that Mr. Dovey could hear. And at all, but merely points which His Lordship had not allowed it. he wished to apologise If the jury arose from Dr. Shellshear's evile asked that in the absence of considered that he intended to cast

that record, His Lordship would any slur on Mr. Dovey. The Three Cheques

now reserve sentence until after an

Trick Hypothesis Returning to the "trick sugges-appeal.

The cross-examination of the only tion" of the defence, Mr. Potter Mr. Justice Jacka said that he expert witness on handwriting had said that no one could suggest that would not reserve sentence, as that been directed to the writing of Mr. any trick would induce. Mr. Black matter could come. up again for Tsang On-wing; the signatures of to sign the three disputed cheques further consideration at the Full Mr. Messer and Mr. T. Black with the letter "B" in the same Court.

had, Mr. Jenkin, maintained, place on each occasion. Dr. Shell-

been passed unnoticed by coun- shear suggested that it was an ac

sel for the Crown. cident, but could the jury believe

Mr. Jenkin also explained that

Sums Returned & Tracod

Mr. Jenkin said that the reason

that it was due to accident in view why he was making the request there was no accusation of perjury of the fact that in hundreds of was the fact that the prisoner had against Mr. Messer and Mr. Black other cheques that accident did returned $50,000 to the Govern- because an expert witness differed not occur? Any lady or man in ment. There was a further $180.- from what they said. He, Mr. Jen-

New York, kin was the Court, Mr. Potter was willing 000 in U.S. Bonds in

of the opinion that This was in the Mr. Messer and Mr. Black sincerely to wager, would be able to pick out counsel said. the three disputed cheques from name of Yes and his wife, and the believed that they did not sign the

The pri-three cheques. any number of others for their, latter had disappeared.

The existence of the trick hypo- peculiarities, as brought out in his soner was willing to refund that! cross-examination of Dr. Shellshear, money to the Government also, if thesis came first from the lips of who could only suggest accident, he could trace his wife. Counsel Mr. Messer. When Tsang On-wing and when pressed admitted the pos- suggested that the return of this and another clerk were charged, it money together with the $50,000 al-wan alleged that they uttered the sibility of forgery.

Dealing with the suggestion that ready refunded might have some cheques which were not intended for them. This. Mr. Jenkin claim- Tsang had been in the swindle, effect on the sentence. Mr. Potter asked, If that was true, His Lordship said that theed, justified the hypothesis of "ob- where was the necessity for steal offence was a very serious one and taining the cheques by a trick."

Counsel also criticised the evid- ing GO cheques? That, just like the the question of restitution of trick point, was not possible of ex-money would bear very little weight ence of Mr. Black in certain respects as to his knowing the cheques were on his mind in sentencing the ac-forgeries before he went to the

planation.

Why Swindlers Run ... ¡cused. Proceeding, Mr. Potter said that?

Yeo Desires Sentence

it was the boundep duty of the de

Yeo was then asked if he had] fence, when accusing a man of com-

to why sen- plicity in a crime, to produce posi-anything to say as

tence should not be passed on tive direct evidence and to put Il

him. to him in a straightforward manner? and give him a chance to refute the allegation.

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Yeo asked his Lordship to sun-1 tence him right away after which That, Mr. Potter said, was a rigid he would have something to say. rule in law, and that was why his Mr. Justice Jacks then passed sen Lordship had pulled Mr. Jenkin up tence of ten years' hard labour on when he auggested to Tanng "You each of the three counts of uttering They are resuming their duties, were 'double crossed' by my client." the cheques and directed that the and it is expected, the "Kiangan” It the trick defence was good, Yec terms run concurrently, which will leave very shortly for Hankow. was the only man besides Tsang means that Yeo will undergo ten-Reuter, who could disclose the nature of years only.

[Note: The "Kiangan's" comple that trick. It could not for a mo Mr. H. G. Sheldon, junior counsel ment was detained in connection | mest be believed that he did for the Crown, then mentioned the with the opium scandal in Shang-St Toys etc., 10.30 am.

not know how the trick was worked.further Indictment against the ac-[hai]

Speaking on the point as to why cused and asked that the accused's Tang did not bolt if he had been trial on that Indictment be put off implicated, Mr. Potter said that the until after the Full Court hearing defence suggested that he did not of the appeal. get his share and that was why he Atayed behind. Counsel comment. ed that swindlers did not run away) because they had got the money, but because they did not wish to go to: prison.

His Lordship accordingly ad- journed this case sine dio..

No Warrant for Wife Yeo then told His Lordship that he had heard from his' counsel that

Keystone of the Case, jhia wife had gone away with the Later, Mr. Potter again referred $130,000, in US. Bonds.

Tala

PRESIDENT ELECT

Callao, Peru, Yesterday. The battleship Maryland," with Mr. H. Hoover aboard, has anchored in the harbour...

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To-day--Y.M.C.A. Ladies' Night,

4

Lima, Yesterday. Mr. Hoover arrived here and was, to the point as to why, if there had money, Yeo said, was not part of cordially welcomed by a crowd of been collaboration between Yeo the money which he had defrauded 30,000. He drove to the Preal- and Tsang, was it necessary to steal the Government of, but was entirely dential Palace in an open carriage,9 p.m. 60 cheques,

He emphasised that her own. She had nothing what- the coachmen being arrayed in gold that point was the keystone of the ever to do with the case and did not blue and red liveries, with white-seater sedan motor car at the case, and held that no satisfactory know anything about his (prison-wigs, and olive green hata, such as Society of St. Vincent de Paul's answer could be found for that,er's) affairs. She was entirely in-Spanish Viceroys used centuries question.

nocent.

Dealing with the point of Tsang's Proceeding, Yeo said that he had report of the missing cheques, Mr. been told that a warrant had been} Fuller said that he was not con-issued for his wife's arrest and he cerned with the language used, but was very concerned about it as the merely with the fact that Tsang had money was hers. spoken about the 60 missing cheques ten days before the swindle was put through.

Judge's Three Points

If Tsang had been in the swindle,!

Mr. Potter said that if it was of any consolation to the prisoner, he would state that no warrant had been issued for Yeo's wife's arrest.

Yeo: The money la hers. I can

Mr. Potter aubmitted, the last thing prove it in the Civil Court.

ho would do would be to tell Mr.; Mr. Jenkin was instructed by Mr. Messer or Mr. Black about the miss-C. A. S. Russ. The other indict- ing cheques. That he did make ment, relating to Water accounts, that report was confirmed by Mr. comprises two counts, one of for- Messer in his evidence.

gery and one of falsification of ac-

Mr. Justice Jacks (Puisne Judge) counts.

in his summing up, gave the jury

The special jurymen were Messrs.

three questions to consider, as fol A. H. Ferguson (foreman). John Arnold, J. M. Alves, J. M. da

low:-

(1) were the cheques forged or Rocha, W. G. Goggin, Ho Kom-tong,

not?

O.B.E., J. P. Braga.

(2) whom were they forged by?

and

The Defence The whole of yesterday after

(3) who utterred the cheques? noon's sitting was occupied by the His Lordship said that if the jury address to the jury by Mr. Jenkin. found that the 'cheques were not

Repeating what Mr. Potter kad

forged, then they would not have said in his opening, Mr. Jenkin to consider the second question. emphasised that the trial is not an He also pointed out to the jury for issue between the Government and their assistance, that the cheques the Hong Kong & Shanghai Bank- might have boen forged by one per ing Corporation. In criminal pro- son and passed by another. There Was no evidence to show directly ceedings, he said, the jury had to who had forged the cheques or who be satisfied by the Crown of the had stolen the cheques.

guilt of accused beyond all reason Jury's Request able doubt; and act as in a civil Another point which his Lordship cult where due preponderance of recommended for the jury's cons probabilities might be taken into account. In British jurisprudence;

deratinn was why should a Govern ment clerk open three, banking acman is not condemned wither be counts and have an office of his own cause he stands in the dock or be The jury must also consider the ac- cause the Jury knew him to be a

cussed's abilities in penmanship sa

In all three banking accounts there were variations in handwriting, also occu the fact tha had worked 15 months

the Treasury and had the ed?

of studying the writing they hers there,

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