1928-11-24 — Page 5

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TSANG ON WING AND THE TREASURY CHECKS.

WHY MR. BLACK COULD NOT IDENTIFY HIS SPECIMEN SIGNATURE.

GENTLEMEN OF THE PRESS MISLED,"

THE RIGHT TO SEE A PRISONER.

Yesterday afternoon saw the fourth hearing of the case before Mr. Justice P. Jacks, at the Supreme Court in which Carvalho Yeo is charged with having defrauded the Hong Kong Treasury to the extent of over $280,000 by means of three forged cheques. The Court room was again crowded with interested spectators, and the cross-examination by Mr. Jenkin, Counsel for the defence, of Tsang On Wing, a trusted clerk of the Treasury, was follow- ed with close attention.

MR. BLACK AND HIS SPECIMEN SIGNATURE.

It was reported yesterday in the local Press that during the cross-examination of Mr. T. Black by Mr. Jenkin, Mr. Black was unable to identify his speciuen signature which was given to the "Hong Kong and Shanghai Bank, M. Eldon Potter, Counsel for the Crown yesterday said that was not correct. The gen Hemen of the Fress were apparently misled by Mr. Jenkin tar what actually happened was that Counsel for the defence sub- mitted an enlarged photograph" of Mr. Black's specimen signature and asked him if he knew what it was. This question was put to Mr. Black twice and he replied "I don't know," :

Proceeding Mr. Potter said that the obvious meaning derived by reading the report was that Mr. Black could not even identify his own signatare. That was not the truth, and in fact the ques bion had never been put to him that way by Mr. Jenkin. That WBS a matter of great importance and in fairness to Mr. Black it should be corrected. He had also heard people saying "what a man he must be, he can't identify his own signature."

The Government, Mr. Potter said, was also suprised to see confidential documents, such as Mr. Black's and Mr. Messer's spécimen signatures being disclosed to the public. Ile bad beca instructed to protest against this. In the case of the cheques selected by Mr. Jenkin to be used for the defence, that was quite in order because it was done with the permission of the Crown, The documents, Mr. Rotter added) were placed in Mr. Jeukin's possession as a result of a sub' puena 'having been served on Mr. N. H. Proctor of the Hong Kong Bank by Messrs John- stone, Stokes and Master, in which he was requested to supply a specimen signature of Mr. Messer and Mr. Black. These should dave been handed over to the Court and not to Mr. Jenkin. Probably Mr. Proctor did not know and he should be informed. Mr. Potter asked that the error be rectified at once.

MR. JENKIN EXPRESSES REGRET.

Mr. Jenkin expressed his regret and said that if a misunder standing had arisen out of his cross-examination on the point in question, it was his salt. He had probably misted the gentle- men of the Press and was sorry for it.

Hia Lordship ordered that the specimen signatures and the photographs of them be returned at once. Mr. Jenkin said that he would do so at the first opportunity.

BIOGRAPHY OF CARVALHO YEO?

Before proceeding with the case, Mr. Jenkin said that he also had two points to mention. The first of which was the announce anent by a local newspaper of the intended publication of the life of Carvalho Yea, who, it was stated, had made several disclosures relating to various matters pertaining to the procedure adopted in Government offices.

Mr. Jenkin said that he was surprised and if there was any story to be published it should be from the accused. The latter, bed no access to pressmen and he (counsel), - therefore, had no knowledge how the paper in question could get a first hand account of the life of the accused,

Another matter which Mr. Jenkin mentioned was the difficulty experienced by himself and the solicitor instructing him to get permission to interview the prisoner in the gaol. He said that he and his soliciter were informed that such permission should · come from his Lordship. In all his years of legal experience he had never beard of suck a procedure and in the past whenever he wished to see a prisoner, all he had to do was to siga an application in the gaol.

His Lordship said that Mr. Jenkin, and his solicitor could interview prisoner at any time they wished.

..

Mr. Potter said that the defence could have any facility they wanted. He was quite prepared to allow them to interview the prisoner at any time.

Tsang On Wing Cross-examined. Tang On Wing continued his evidence in chief yesterday after noon when the case was resumed. In shawer to Mr. Sheldon he said he had made a report to Mr. Messer of his discovery of the frand after Mr. Tsang Man Kun had been to the bank and not after Mr. Black had returned from the bank as stated

Perhaps Some Missing?

Having received the book from the bank and counted all the cheques, do you make a record ?~ No.

along in this way..

Why not?I have always carried

You would then send the book to the gaol to be printed?-Yes.

previous day. Witness also Do you keep a record of the made some corrections as to his theques you send to be printed! statement in respect to the tail of No, I have never done that at all. his "Y" end that the down stroke) That's the practice of the depart- was thinner than the up stroke. ment, I suppose It was left to

Rising to cross-examine, Mr. me by my predecessor.

When the book comes back from Jenkin said: "With you rested the the gaol would you check to see if sole decision as to ordering pew the right number of cheques had cheque, books?—Yes.

come back No..

You have been in the Government, service about 14 years 7-Exactly 14 years, of which 8 years were in the Treasury.

During that period you have been freely conversing in English with the European officials?—Yes,

Why not? Because work done by another Government department I always take to be correct.

So that for all you knew, by having no record, a book might come back with some cheques miss ing?-Perhaps BO.

When you check a book, on re- ceipt from the bank, either by the

When you ordered a new cheque book, it also rested with you as to the number of cheques you requiring

edi-Yes.

Did you make any record of the number of cheques ordered?-Not last year, but lately yes.

In the year 1927 you made no record of the number of cheques ordered or the daic when ordered

No,

them, do you check the numbers

and end numbers or by count

on the cover too 1—Yes.

And until the occurrence under review you had never seen the tum- bors on the cover differ from the cheques ?-No.

So that up to this occurence all cheque books were in perfectly good order?—Yes.

And because they come in perfect

good order you receipt them as perfect 1-Yea

You would order a cheque book on the application form extractedly from the previous cheque book

Yes

When you get a book back from You would take that form to Mr. immediate usa-No.

the gaol, you do not put it into Messer to sign-Ey a messenger. Where do you put it! In a safe

*

THE HONG KONG DAILY PRESS, SATURDAY, NOVEMBER 24th, 1928.

Aple Custodian "Of Government Cheques.

You were the sole custodian and safeguarder af Government cheques

Yea

Did you every day when begin. ning business and closing up for the day see the reserve book 1---No.

So for all you know it might be pussing If it was anisaing I would not have noticed it.....

24

Sometimes the reservo cheque book would be lying in the safe for three weeks and would not be in use?

Yes.

During that period you would not know if it were in the safe or acti -No, if there were no books in the safe I might notice it.

Your practice is that when you start on a new book you order an- other one at once -Sometimes at once and sometimes two or three days later..

Producing the cover of cheque book E," Mr. Jenkin asked: "Il that cover had been altered as it is altered "now, you would have noticed is when it came from the bait? Yes,

Was Alteration Made By The Bank ROUND THE COURTS.

Overnight!

Now when taking the book out of the safe you would have noticed the alteration, if any Yea

You may therefore take it as de- finite and certain that when the book was taken out of the safe on" December 20th, no numbers were altered Yes.

MAN WHO FINDS PRISON COMFORTABLE.

KOWLOON MAGISTRACY

CASE.

At the Kowloon Magistracy yes- Jones sentenced an elderly Chinese. terday morning Mr. E. 1. Wynne charged with returning from banish ment, Twelve months hard

Now you had that book in the whole of December 20th 7-Yes.

Is the book left on the desk when you go home for tiffin-Yes, it would be on the desk and there is no special guard placed over. labour. excepting a constable on duty cut-I suppose," said the Magistrate side the affien.

to Sub-Inspector James who was So during the use of this book prosecuting, that's what he wants on December 20th, there was no al--to get back to ghol" The In- teration in the numbers, otherwise spector agreed adding that it ap you would have discovered it 7-Yes, peared that the defendant had found gnol the most comfortable you may take it so.

place to live in."

You also had this book in use on December 21st-Yes.

We may also take it that there was no alteration, otherwise you would have noticed it too—Yes.

Now on December 22nd, you dis covered the numbers were altered i

When did you first discover that-Yes. the numbers had been altered -I esn't remember the exact-date, but it was at the time when I brought it out to use and ordered, another book.

Having seen the alteration what did you do I thought it was a mistake made by the bank.

Was that all you thought 7-Yes, at that moment.

Did you look through the book to see why it was ältered -No...

All you thought was then that the bank had sent some cheques short Yes.

Initials Good Enough, Why by merely looking at the cover of the book did you conclude that the bank had sent some cheques short 1-Because I saw some initials there.

How many cheques did you think were short Thirty.

Mr. Tsang, if the bank had made the alteration because there were thirty cheques short, the alteration would be in the last three digits, would it not be so 7-Yes, it should br yo

There was no necessity to alter the two lots of numbers, was there i No, but I did not think of it at the time.

You knew perfectly well that you had checked the book when it came from the bank and you knew it was in its complete form 7-Yes.

Then bow could you come to the conclusion that the bank had changed the numbers because there were some cheques: short 7-Because of the initials on the cover.

Now this is the second-occurrence of numbers being altered, what did you think about it I thought it was a case like the previous one. Now do you mean that, Mr. Tsang —Yes.

Will you tell us how the bank could alter that book between the evening of December 31st the morn- ing of December 22nd -I did not say it was altered by the bank. I only thought that I might have could not have altered it during noticed it. Certainly the bank chat period.

Now do you stand there and, any that the cheques came from the bank short I only meant this, that when I first received it from the bank there was no alteration on the cover.

the alteration on December 2nd Yes or No, when you discovered

you concluded that the bank had sent thirty cheques short I did.

Then they must have done it over- night I can't say definitely when it was altered, and all along. I paid no particular attention to the book's

cover.

A

**Lucky Your Evidence Is Recorded."

Now here is your receipt to the bank for 400 cheques. Do you now go back on your sworn evidence that the bank had sent 39 cheques short I still say that the bank had sent thirty cheques short to me.

Do you still say that you have sworn definitely here that when the book was received, and checked by you, mind you, the alteration was not made?-When you put the ques tion to me as to whether I had found it correct, I say yes. I did not notice the alteration an Decem-

That is the best answer you can give Yes, the best answer.

The alteration and the initials were good enough for you? Yes, at that moment.

When did you think that there|ber 20th and 21st. should be something more to satisfy you -On January 15th.

So from November 30th until January 18th you never thought of the matter again 1-Yea

Did you consult anybody on November 30th when the discovery of the fraud was made t-No.

This was the first time anything of the kind had occurred during your 9 years with the Treasury Yes.

Now yes or no, did you discuss the matter with anybody -No.

Mr. Black, your immediate superior, has his desk a few yards away from you, and your assistant sits next to you 7-Yes.

Missing Cheques Me Importance.

You all were in contact with Mr. Black?—Yes.

Why did you not speak to him about it -Because sometime I was busy and sometime he was..

also came to the conclusion that Were there other reasons 1-Yes, I the bank had sent the cheques short. In other words, you attached no importance to it at all 1-Yes.

If that book had arrived with 100 cheques short, would you have done anything about it I could order aa extra book.

sometime you had found there were If the book had arrived and after: 100 cheques short, what would you do it-I would have informed Mr. Black.

Luckily, your evidence has been recorded by the learned judge and heard by the gentlemen of the jury. How could the book go back to the bank and have the numbers alter- ed-I never thought of it.

No, the thing is impossible entertain such an idea -I agree. Nobody, in his right senses would

Is it your evidence now that when you checked that book you did not see whether or no the cover was in order -No, I did.

And was it in order It was.

are to-day, you would be as certain If you are a certain of it, as you of this fact on December 20th and 21st 7-I am certain.

Then did you know on December 22nd, when you made the discovery, that the book had arrived in an

altered form 7-Yes.

Then something must have hap paned to that book's cover 1-I dare not say so.

When you discovered that you must have thought that there was something funny about it - should have done so.

Blank Chaques Are Of No Use,"

did not think so."

Did you do so 1-At that time I

When did you?-On January

16th

How did it strike you as the

The defendant, whose age was given as 35, has a police record dating back to 1902 and has served already 2 years' imprisonment. According to his story, when he was deported he went to Macao, and had there heard that his son in the country wanted him to come home. He had come to Hong Kong with the intention of sailing from here to his native village. He could, be told the Magistrate, have gone via Canton but that would have been more expensive. His minor economy has proved costly!

OPIUM IN COURT..

A large quantity of opium was brought into Court as evidence against a Chinese woman who was mits with possession of 137 thels of charged by Revenue Officer Grim. the prepared drug found at her pre- mises.

The Magistrate expressed an opinion that in all probability the woman was a scapegoat, but the Sergeant said she had accepted resposibility. A fine of $9,500 or twelve months', hard labour was im posed,

AT THE CENTRAL MAGIS. TRACY.

K.O.S.B. PRIVATE AGAIN REMANDED.

At the Central Magistracy yester. day morning before Mr. R. E. Lind- el Private James Boyle, of the K:O,SB., was again remanded for one week. week on a charge of attempted Boyle appeared last murder of Sergeant. Kerr on board the Somersetshire an: October 20th. His Worship enquired if there were any news of the progress of the wounded man. Inspector Lane an swered that they had no newa.

MONEY FOR THE GOVERNMENT.

"The Government is getting rich," said Mr. Lindsell, when he was informed that a Chinese woman who had been arrested on Thursday for possession of opium had failed to appear, after lodging bail of $1,200. The necessary order for the bail to be estreated was made.

Another case beard earlier in the morning was that of a Chinese, also arrested for possession of opium, who had forfeited his bail of $60 by failing to appear in Court.

MR. McELDERRY LEAVING HONG KONG.

IMPORTANT APPOINTMENT IN

TANGANYIKA.

Mr. S. B. B. McElderry who bas been appointed Chief Deputy Secre tary of Tanganyika will probably leave here by the P. & O. AL Naldera on December 22nd

Mr McElderry is at present on local leave and has completely recovered from the slight indisposition which recently kept him in hospital for about G. month. The post in Tanganyika is of very considerable importance and means that when either the Colonial Secretary or the Governor of that district is on leave, Mr. McElderry will become Acting Colonial Secretary,

Mr. McElderry, who is Assistant Colonial Secretary came to Hong Kong as a Government cadet in December, 1009. Alter two years in Canton studying the language he Officer, in the Northern District of the New Territory. He served

If the numbers had been altered? eastodian of Government cheques 7 was made Acting Assistant District.

-I would also inform him.

Now I am referring to book "F" Yes or no, when you started to use that book on December 20th, was the number altered I can't remember, Do you mean to say that you had been using the book two days with bers on the cover -I don't think I out noticing the alteration of nam

have noticed it.

Look here, Mr. Tsang, you told ug unquestionably that when you put that book into the safe you saw the numbers were not altered 1- Yes,

And I put it to you that when you, took the book out of thee sale, you would also have noticed the alteration, if any —Yes, that would

by so.

Then, why not in this case. What happened to your eyes in the mean- time I do not pay attention to On receipt of the cheque book to the General Office.

numbers, from the bank, did you check up

You, as a custodian, would notice safe, but when taking it out, you You keep it as a reserve book it when putting the book into the might miss it The placing and taking the book out of the safe is doma by an office boy.

the cheques to see if they tallied Yes, in a asli in which the current with the number you had ordered? cheque book is also kept. -Yes.

So that every time you take out How I-Sometimes I checked it by the current cheque book, you would looking-at-the-number-on-the-first also ten the reserve book 1–No, be cheque and the number on the last cause other books kept there would

sometimes I counted them Screen rom sight.

Now are you certain that when the book was put into the safe there was-no-alteration-made-Yes.

I placed no importance to the mat ter because blank cheques are of no use to anyone without the signa- successively as Acting Deputy Re- gistrar and Appraiser, Supreme Court, and also Deputy Registrar

tures.

I put it to you that it was your and Accountant, Acting First Assist- bounden duty to report the matter ant to the Secretary for Chinese done so, but at the time I attached Officer, Southern District, New to Mr. Black --Yes, I should have Affairs and Acting Assistant District no importance to the matter.

Territories, before being seconded The case will be continued on for duty in the Colonial Office and Monday morning.

Inter for military service.

MOVEMENTS OF NAVAL VESSELS.

!

Mr. McElderry, returned to the Colony in 1915, and was made Acting Chief Assistant to the Secre- tary for Chinese Affairs. In August,

attached 1020, he was

to the Colonial Secretariat and later be- came Assistant Colonial Secretary and Clerk of Councils. In 1992 be On November 22nd the transport was seconded for service in the Somersetshire left Singapore for Secretariat of the League of Nations Bombay via Colombo.

(Opium Section) and since then he H.M.8. Suffolk arrived at Kobe has filled the posts of Assistant from Takamatsu.

Colonial Becretary and Clerk of Councils, District Officer, Southern On November 23rd H.M.8. Kent, District,

Police Acting Second Aying the flag of the Commander Magistrate and Acting First Police in Chief, China Station,

left Magistrate and Coroner. In 1927 ke Mitsugi

went on leave and representes they eation arrived Conference

H.M.S. Concord with reliefs for Hong Kong at the Colonial Office

months ago.

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