1928-11-21 — Page 5

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THE QUARTER MILLION DOLLARS

FORGERY TRIAL.

CARVALHO YEO DESCRIBED AS "MAN OF IRON NERVE."

JUDGE, JURORS AND COUNSELS VISIT TREASURY.

MR. ELDON POTTER'S ELOQUENT PLEA TO JURYMEN.

"NOT A CASE OF CROWN v. BANK."

Great interest is being taken by the public in the trial of Carvalho Yeo, which opened at the Supreme Court yesterday before Mr. Justice P. Jacks (Paisne Judge). There were a large number of Europeans, including several ladies, members of the legal profession and Chinese present, the big Cours room being packed. The exhibits which will be put in both by the defence. and the prosecntion littered the counsels table. There were en- large photographs of the cheques which the prisoner is alleged to have forged magnifying glasses and detectographs and several large bundles of cancelled cheques taken from the Hong Kong and Shanghai Banking Corporation to be used for the purpose of“ comparison.

Carvalho Yeo is charged with, having forged three cheques of the Hong Kong Government and obtained sums totalling over #260,000. He appeared in the deck yesterday looking quite calm and composed. After the charges had been read to him in English, prisoner pleadedNet Guilty," and asked to be allowed to speak in Chinese.

1

APPEAL TO JURORS.

M. Eldon Potter, K.C., who is appearing for the Crown" with Mr. H. G. Sheldon, took four hours to outline bis case. He made an eloquent plea to the jurors to be fair to the Treasury as well as to the accused. He said, fater alia: "In a small community like Hong Kong, a case of this nature always creates great interest. You have only to look around the Court to see that far greater intereat is being taken than in ordinary cases. You all have no doubt talked about the 'case and expressed your views. I also have no doubt that you all have heard many views ex2' pressed, and I have expressed them myself.

I will also mention that I heard two gentlemen talking about the case. One of them expressed his view that the cheques were not forgeries but that they were signed blindly. The other gentleman replied that it was all nonscase and that the cheques were forgeries. Therefore, please put out of your mind everything you have heard, and if you enn, everything you have said. You are to try the case on the evidence, which will be brought before the Court. This is said as much in the interest of the accused as it is for the Crown.

POPULAR IDEA IN COLONY.

There is a popular idea in the Colony that this is an action between the Crown and the Bank As far as I am concerned it isn't and never will be." 1: the Government and the Bank Fant to Aght out their respective rights of the alleged forgery, they will have to do it before another tribunal and the conditions of such action will be entirely different from the conditions and rules governing a criminal trial of the present kind.

Speaking on behalf of the Crown, I say most emphatically this is not a trial of any action between the Hong Kong Bank and the Government in any shape or form."

Another feature of the case was that the jurors, his Lordship, the Puisne Judge and Counsel both for the defence and prosecu tion paid a visit to the Treasury at the conclusion of the hearing in the afternoon in order to study the system under which the Treasury operates.

The case is expected to last several days, and his Lerdship has fixed the daily hearing from 10.30 a.m. to 1 p.m., and in the afternoon from 2.15 to 4 p.m.

Mr. F. C. Jenkin, instructed by Messrs. Russ & Company, is for the defence.„

THE SPECIAL JURORS.

BANK DIRECTORS EXCUSED.

A special jury was empanelled for the ease, and when the names of the gentlemen were called four of them were found to be directors of the Hong Kong and Shanghai Banking Corporation. They were

14

MR. POTTER OPENS. THE

CASE.

Rising to open the case for the prosecution at 11 am, Mr. Potter bad not concluded when the Court rosen at 1 p.m. Resuming at 215 p.m., Mr. Potter dealt at great engin with the characteristics of the handwritings on both the forged

THE HONG KONG DAILY PRESS, WEDNESDAY, NOVEMBER 21st, 1928.

of the necount books relating to water rates. Accused left the Ser- vice on January 8th, 1998. He gave as bis excuse for leaving that he had a quarrel with a fellow en- ployes. The jury could' realise, as the case proceeded, that the alleged quarrel which accused said he had had with another clerk was only a subterfuge. It was only the accus. ed's desire to get away at the ear liest possible opportunity without drawing attention to himself.

Continuing, Mr Potter said that- the jury would be asked to find that the accused had engineered a very carefully planned scheme to defraud the Government. This plan, it would be seen, the accused had daringly and skilfully carried to a successful conclusion. He would also put it as high as this, that the accused's main object in joining the Government Service was to defraud the Government.

*

done to assist the Government or WELCOME TO MAR- to show what his defence way go- ing to be.

Man Of Iron Werves, After dealing with the fact that the accused had had access" to the sufo. where the cheque books were Rept in the Treasury, and that sixty cheques were found to have in view of the accused's activities been stolen, Mr. Potter said that in opening three bank accounts, the only inference which could be drawn was that accused was the person who had stolen the cheques. Counsel said that Knts & Co. existed only for Yeo. It was under this name that he had open, ed an account with the Netherlands Trading Society and operating on this account he had successfully passed off a forged cheque, against which he drew 885,000 and later another $500. The balance left in the Bank was 8817, and as there was no further use for that bank account. Yea could easily leave that amount standing there.

SHAL LI TSAI HSIN.

VISIT TO GOVERNMENT

* HOUSE:

LEAVES FOR CANTON

YESTERDAY.

After a prolonged absence in the North, Marshal Li Tani Hsin fe turned to the Colony early yester day morning by the s... Paut Lecal. A most hearty welcome was accord- ed and there were a large number of Canton officials, prominent local. Chinese and Capt. A. J. L. Whyte, A.D.C. to H.E. the Officer Adminis tering the Government on the wharf to greet the Marshal..

The First Move. The first move in this well plan ned scheme was made a year after Then there was the cheque paid accused had joined the Service, into the Han Lee Co. account in Marshal Ei was accompanied by when the accused rented a room on the Equitable Banking Corpors- the sixth floor of the China Build- tion. The first cheque which the Madame Li Geceral Chan. Ming ing. He told the principal tenant accused deposited was made out in Shiu, Mr. Chu Chao Hain (vice that he was a building contractor the name of San Cheung Co. for Minister for Foreign Affairs), and wanted an office. After the 873,795.43. It was sent to the clear-eneral Tan Cha Yin (Chief Secre room had been rented, accused puting house and returned for + out a signboard bearing the name verification of the endorsement. tary of the Canton Arms Head- of the Min Tak Co. An office boy The cheque was in the course of quarters) and Mr. Li Lao Chew 'was engaged, and later two other business sent back to Yeo Accus of Whampoa Port Development

signboards, hearing the names of ed went to the bank again on the Bureau. Katz & Co. and the Man Lee Co. following morning and simply and

Coming ashore, the Marshal shook respectively were also hung outside coolly asked "Well what about it." hands with those who were there to When he was told by his banker greet him and then accompanied by that the endorsement of on the Capt. A J. I Whyte, the party cheque was not known to the bank,

left for Government House by the he walked away quietly and re-launch Fictoria. On arrival at the turned later to deposita cheque Queen's Pier, a detachment of Lee Co. for $95,000. This was made out in the name of the Man Police was drawn up outside the passed through the clearing house Pier and three motor cars were in because the bank was able to waiting to take the distinguished guarantee the endorsement of the party to the Government House.

the office.

"

Man Lee Co.

Under the name of Chan Man Wai, accused went to see r. In stone Brewer, of the Instone Bank ing Corporation. He, said that he was the manager of the Min Tak Company and wanted to open a cur- rent account. The account was opened with 83.500 in banknotes and accused told Mr. Brewer that he was the only person empowered to sign for the Min Tak Co. He gave a specimen of bis signature and obtained a cheque book, "I don't know where he got the 83,500 from, but he certainly did not save it out of his Government salary. It is one of the little points which I think will go to show that he joined the service with the idea of se frauding the Government," adding and ask "Well, what about ed Mr. Potter.

•

Continuing, Mr. Potter said, I don't care whether accused is a forger or whether he was A trickster. Whether the cheque was signed by Mr. Messer as a result of a trick or whether the cheque was a forgery, but I must say this for the accused that he is a man of iron nerves have come round to the bank on the very next morn-

it.'

Spreading His Not Further.

"Here Am L, An Able Man." Counsel went on to depict" Yeo Tracing the accused's movements further, Mr. Potter snid that on

as a man very chagrined with him September 14th, accused succeeded self for not having done anything in opening another bank account

so far. Failing to get the money with the Netherlands Trading

on the first cheque, Yee must have said to himself "Here I am, an

ing so far. Yes must then have make good, and thus he boldly gone away with a determination to came back with a cheque for a larger amount.

Society in the dinme of Kazable man, who has produced noth

Company: On this occasion. he gave hir name as J. K d'Almada and said that he was the manager of the firm. He was the only one empowered to sign cheques of the company. A letter of authorisation was asked for,

Proceeding, Counsel went on to and accused nothing daunted, went

say that no matter whether or no back and fabricated a letter which

the impression had got abroad that the Government departments were purported to-bear-the signatures of Fisher Eatz, R. M. Waller, and

run very laxly, he could assure the J. E. d'Almada, and in which let-jury that unless they disbelieved the direct evidence of both Mr. ter accused was given the authority Black and Mr. Blesser no matter required by the Bank. The money with which the accused opened the they must find that the cheques how well the cheques were forged, account was $3,050 on a cheque drawn by the Min Tak Co. in

were not genuine. favour of Katz & Co.

Another bank account was added when accused went to the Equitable Eastern Banking Corporation on October 4tb. He interviewed the compradore and-gave his name us Yuen Tak Lee, manager of the Man Lee Co. The compra- dore' naked for reference, and accused gave Katz & Co., trad-

Mr. Jenkin Wants To Search The

Treasury,"

This point, Counsel added, was of interest, because he had received a letter from Mr., Jenkin in which he claimed the right to search the Treasury for certain vouchers which had reference to the cheques. The suggestion to be drawn from this was that it was not forgery

ins with the Netherlands Trading but a swindle. He also presumed Society. This account was opened that the instructions which Mr. with 82,500 on a cheque drawn in Jenkin mentioned in his letter

At Government House Marshal and Chu Choa Fisin had a lengthy discussion with the Hon. Mr. W. T. Sopthorn, C.M.G.

In conversation with a Daily Press representative, a member of the entourage said that when Marshal Li returned to Canton, his Arst task would be to disband a great portion of the army and to. find the men saitable employment. He would also consider the question of doing away with the sub-Poli-- tical Council in Kwangtung. There were other pressing matters which the Marshal has to go into. He is very anxious that General Chan Ming Shiu should be nominated as chairman of the Ewangtung Pro- vincial Government. We are in-

formed by the way, that owing to

slight indisposition General Chan few day's but the rest of the party Ming Shin is staying here for a left later in the day for Canton.

Amongst those who went aboard the French liner to meet the Mar-,

al were General Hau King Tong, commander of the 5th Army; Admiral Chan Chak, Commander of the Canton Navy Mr. Li Mar. Yan, Director-General of the Re venue Department of Kwangtung: Mr. Samuel, Wong, formerly Direc Win, Director of the Aviation tor of the Arsenal; Mr. Chan Hing Bureau; Mr. Chau Tin Foug Chairman of the Canton General. Chamber of Commerce; Mr. Lau Yam Shun, Chairman of the

wangtung Provincial Chamber of Commerce representatives of the Canton Labour and Students. Unions and other public organisa tions; the Hon. Mr. R. H. Kote- wall: Mr. Mak Kong Sang. Com pradore of Messrs. Butterfield and Swire; Mr. Kong Siu Liu, Director the Chinese Telegraph Adminis tration in Hong Kong, and Mr.

excused from serving. Mr. W. L.! and genuine cheques. His address favour of the Man Lee & Co. by must have come from the accused Kong Yi Shun, of Dodwell & Co.

Pattenden was the first gentleman called, and on going up to the jury Lox, he told the Court that he was a director of the Bank and be un derstood that the Bank was interest- ed in the case.

Mr. Potter said that he quite appreciated the position in which Mr. Pattenden found himself. He realised that it would be very difficult for a director of the Bank to sit on the jury in the case. He thought Mr. Pattenden should be

excused.

were

Eia Lordship agreed, and asked Mr Patter to point out the jurors who were also directors of the Bank as their names were called. Three other gentlémen excused Mesars, A. H. Compton, J. A. Plummer,, and N. S. Brown.

The special jurors empanelled were Messrs. A. H. Ferguson (fore- mao), J. M. da Rocha, J. Arnold, W. G. Goggin, Ho Kom Tong, J. P. Braga and Chev. J. M. Alves.

The Charges.

concluded at p., when the Judge, Jurors and Counsel paid a visit to the Treasury.

Mr. Potter said that recent legis iation in Hong Kong and at Home had defined. forgery very simply. rorgery meant the making of a false document for the purpose of using it as a genuine one. A for- gery need not be false in its en tirety, and if any material portion of the document was proved to be

Kate & Co.

This would show how the accused with the first sum of money which he started a bank account bad managed to secure two other ac counts. He could do that ad. infinitum, Mr. Potter said, but having planned to pass off three forged cheques, the necused rested

there.

What Is The-Defence? As to what the defence would be,

a forgery, then the whole document Mr. Potter" said that he had not was alse. This would constitute the slightest inkling. All the ac forgery within the sacaning of the cused did waa to" plead "! not law.

Builty. It was therefore obvious

Crown Submits Three Items.

the other side must maintain

that the cheques were not forged.

When both Mr. Black and Mr. McL. Messer gave evidence at the Magistracy nothing was suggested to them that they were tricked in- to signing the cheques.

Proceeding, Mr. Potter said that the Crown would submit only three items to show that the cheques were forgeries. First, there was the body of the cheques which purport- ed to be in the handwriting of a eierk employed in the Treasury, named Chang On Wing. Becondly, there were the signatures of Mr. Tage.

The six charges against Carvalho Yeo, aling Yeung Tsui Tsim, Chan Man Wai, J. K d'Almada, and Yeung Tak Lee were then Fead.

The first count was that he did on or about January 31st, 1928, with intent to defraud, forge a cheque bearing the date December 30th, 1921, purporting to be drawn on the uttering, Mr. Potter said that it Hong Kong and Shanghai Banking meant nothing more than negotiat- Corporation by Mr. C. Mcl. Messer ing the cheques. The main point, Colonial Treasurer and Mr. T., however, at isaue between the Crown Black, cashier, on behalf of the and the prisoner was whether or not Government in favour of Katz & the cheques were forged. -Co. for the sum of $86,085.33.

Air Potter contended that the ac cused was a forger of no meun merit. In fact he might be con- sidered a past master. The jury would see him in a role in which be had to use four different signa tures. He might be a man gifted with a facile pen, but it was a It was dangerous gift to possess.

in one thing signing a name ordinary handwriting, but accused

them under the very nose of the actually made a signature of the alinees be adopted, and signed

bank officials. All this would show that the accused must have had a long training, probably it was six months or more, but whatever the time he had spent on it, it was worth while. His patience was well rewarded.

it would have a slight effect on his

signature and handwriting. There at least be some alight would variation in the formation of the letters.

Jury Put To The Test.

A row of cheques together with the alleged forged ones were then placed in a specially constructed cardboard holder, arranged in such a way that only the signa-

The tures appeared.

amounts, numbers and names were all bid- den. These were put "before the jury. They were reminded of the various characteristics which Coun- ael had carefully pointed out, and then asked to pick out the forged

of

cheques from the number genuine ones. Whether the jury had succeeded in finding the "dud" cheques was not made known.

Another Man Imprisoned Bat Reinstated. Mr. Potter again had to make Touching upon the writing on

Before concluding Counsel said. reference to this point at a later the body of the cheques, Counsel

that he did not allege negligence He drew the jury's atten said that Chang On Wing was first Black, as cashier and thirdly the had given the defence every facility writing resembled his. After hav forged cheques. He would," how- tion to the fact that the Crown of all accused, because the hand. against any of the Hong Kong Bank officials for accepting the signatures of Mr. C. Mel, Meescr. in the case facilities which they ing been in custody for sometime Subject to the ruling of his Lord- would not get in the Criminal he was released and reinstated in

ever, say that they were deceived ship, he would put it to the jury Courts at Home. Mr. Jenkin was

by a good forgery, but if they had his job. There were many charac had the 3,000 odd cheques signed by that if they found any one of the permitted to go to the Hong Kong teristics of the handwriting of three items proved against the ac

Mr. Menser and Mr. Black before and Shanghai Bank to examine Chang On Wing that appeared on cused, he was then guilty of for-

them, they would at once have seen any number of cheques he liked the bodies of the three forged through the forgery. It was amart- gery.

and to take any away with him cheques. Another point the jury Dealing with the questions of for the purpose of his defence.would have to consider was that done,. there was no doubt, but it was done too carefully. It was Mr. Jenkin had examined 400 cheques, and "I am just as much would have run away, knowing not go by.

if Chang was the guilty party, he

in fact patent, to anyone who did in the dark to-day as you are as

mental picture of very well that he would be arrest

what Mr. Messer and Mr. Black's to the nature of the attack, if any,

ed. Chang did nothing of the signatures were like. This conclad- they are going to make on Mr. kind and his innocence was now

ed Mr. Potter's four hour speech. Mel. Messer.

established beyond a doubt.

After going into details of the Jury Not To Talk About The Case. difference in the handwriting and Before adjourning to the Trea the signatures of Mr. Messer and sury," his Lordship enjoined the Mr. Black on the genuine and jury not to talk about the case forged cheques, Mr. Potter said with anyone while it was in pro- that in the forged ones there was greas He said that he would not & striking regularity. There was like the jury to entertain any hardly a shake or a tremble. It views while the case was proceed never expected to find the same re-tried on the evidence which would was, in fact, too well done and one ing, and that the case should be gularity in genuine signatures. If be produced before the Court.

person had gone to bed late or The Judge jury and Counsel was not, in quite normal health then paid-

to the (Continued on next Column.) Treasury.

Object Was To Defraud The Government.

Further reference was also made The second count related to a

as to the line of defence which the cheque alleged to have been forged

accused was going, to take." Read in favour of the Min Tak Co. on After making the eloquent appeal, ing from the statements made by January 4th, for $78,300.41. The recorded above, to the jury to dia-

the accused after his arrest, Mr. third charge was for a cheque alleg. is from their minds any views Petter commented that beyond any ed to have been forged on January which they might have had on the ing that he did not do the for- Both in favour the Man Lee Co. for case, Mr. Potter went on to deal gery and that he would assist the 892,142.18. The three other counts with the facts which the Crown Government all he could," accused were uttering the three respective sought to prove. He said that the had done nothing to indicate his forged cheques-

accused had entered the Governine of defence, the bad bean be ment service on September 1st, 1826 Jam the Magistrate on many

In reply to the charge Yeo aid in Ergius not guilty prefer to speak Chinese.

"At & salary" 61" 1,000 a year. His casions, and now that he was be

7 duty was in the main to take charge fore the Court, nothing had been"

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