Copy.
A.
Enclosure /.
Hon. Colonial Secretary,
245
Mesere. Hastings and Hastings have kindly allowed; me to see, and to make a relevant extract from, the signed confession made by Mr. Falcone at Shanghai, on the strength i of which the Hongkong Manager Mr. Theyken was convicted. I now forward that extract.
2. It will be seen that Mr. Cassin's alleged part in the transaction is very clearly specified. Indeed the whole confession bears the stamp of truth as a coherent whole, with no signs either of extenuation or of malice. I would add that nothing was to be gĦined by conccoting such an elaboration of the main story; and that to square the responsible officer before substituting 30 cases for 60 would on the face of it be a reasonable precaution,
If the case is tried by a Committee of the Executive Council there will be no possibility of hearing witnesses. The only evidence is this confession by a man who is now in America, and the document which Mr. Cassin adrite having endorsed "oarelessly". If he is asked for a written reply to the charge he will hard y be able to add subsequently to what he writes by word of month. There is
the usual legal objection to convicting a man on the "uncorroborated evidence of an accomp) ice", and in addition
there is in the present case the disability from which Mr. Cassin will suffer in not being able to cross-examine the chief witnese against him.
(sd.)
N. L. Smith,
Superintendent of Imports and Exports,
28th November, 1922.
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