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THE HONG KONG DAILY PRESS, WEDNESDAY, NOVEMBER 28th, 1928.

MR. Mcl. MESSER CLOSELY CROSS-

EXAMINED.

FIFTH DAY OF CARVALHO YEO TRIAL..

SIGNATURES POSSIBLY OBTAINED BY A TRICK,"

MR. JENKIN PRESSES FOR DIRECT

ANSWERS.

り

Yesterday was the sixth day of the trial of Carvalho Yeo, formerly a clerk in the Hong Kong Treasury, who is charged with defranding the Hong Kong Government of over $260,000 by means of three alleged forged cheques. The numerous spectators" in Court followed with close attention the cross-examination of Mr. Mel, Messer, Colonial Treasurer, by Mr. F. C Jenkin, Counsel for the defance,

Mr. Messer was searchingly questioned the whole of yesterday." After a long "wrangle" Mr. Messer admitted that the signa tures on the alleged forged cheques possibly might have been obtained by means of a trick Mr. Menses, however, maintained that such an ides had never for a single moment entered into his mind, although that that opinion was held by others because it was obvious that there must be an accomplice in the Treasury to the fraud.

"DON'T PUT ME IN TOO DIFFICULT A POSITION."

The cross-examination of Mr. Messer was a hard duel between two clear headed men reither of whom was giving anything -away." Mr. Jenkin, said to witness in the course of the struggle "Please don't place me in too difficult a position, Mr. Messer. I wish to remind you of what I said yesterday evening," and in "autto core, Counsel added, "The task before me is not a pleasant

•one."

"

Questioned as to Tsang On Wing's behaviour in not reporting immediately such an unprecedented occurrence as cheques being missing and numbers altered on the cheque" books' covers, Mr. Messer naively replied that his experience of clerks showed that they were not all smart. Sometimes they might report and some- times they might not. It all depended on man's mentality. Counsel had to "put this question three times, remarking at the same time that the "lagal mind might work differently from the Governmental or the Commercial mind."

V

The case against Carvalho Yeu is being heard by the Puine Judge, Mr. Justice F. Jecks, sitting in the Chief Justice's Court, with a special jury. Mr. Eldon Potter, K.C., and Mr. H. G. Sheldon are appearing for the Crown and the case for the defence is being conducted by Mr. F. C. Jenkin, instructed by Mr. C. A.; S: Russ.

When the case was resumed in the morning, Mr. Potter asked Mr. Messer to produced samples to show the jury how cancelled cheques were pasted to the stubs in the cheque book.

MR. JENKIN CROSS-

EXAMINES.

Cross-examined by Counsel for the defence, witness agreed that he

had concentrated & certain amount of attention on the case. He was also aware of the evidence given by Mr. Black and Tsang On Wing at

the Police Court,

In answer to further questions as to the check on Tsang as to whether or not he used every cheque legitimately, witness replied that the account was audited, some times once a week and sometimes after two or three months.

Mr. Jenkin: You would, of course, expect Tiang to report to you or to Mr. Black if cheques were missing and numbers altered --I is impossible to say, it depends entirely on the mentality of the man.

Did it or did it not occur to you to look at the numbers which were obviously bank serial numbers 1— No, my first step was to get the cheques.

Went As Far As He Could Mr. Jenkin: You know, as result of the examination of the cheque register, that it was no good looking for these items under the

Treasury serial numbers 1-No," what I did was to telephone the police and then I got the stuls and had Mr. Tsang in, and then I found from the examination of this cheque book that there appear." ̈ed to be certain ones missing.

You have gone rather fast for me. I will lead you up to that in due course. I am just on the point now as to when the cheques. were brought back. You say 'that as a result of previous examination you knew that the cheques drawn under the Treasury serial numbers were entirely different -Different people.

Did Tsang On Wing then tell you that he could throw possible light upon this matter because he knew the cover of that book had been al tered and thirty cheques, were short in each 1-He said that two cheque books were received from the Bank with thirty cheques short,

Then -Yes, at that time. I be lieve he said that the Bank had sent a book short of cheques. It is very hard to remember the exact words, but what. I gathered, was that the Bank had sent a short book.

Made No Notes At All. - Mr. Jenkin: I put it to you that the whole of the facts were gone into very fully at the time and shortly after the time it had taken place I went as far as I could. and then I handed it to the police.

This matter was under the closest investigation, was it not, during the succeeding days-Certainly."

Not only did you reconstruct In your mind the statements of the different people, but you made very careful notes and memoranda as.të your investigation ?—I have до notes at all, excepting my report to the Government.

Then you trusted to your memory; you decided that your memory was good and that you. could rely upon it I left it to the police.

You also got the stubs and you found those three cheques had come out of book "F"Yes

Then and there Tsang told you something in respect of those two cheque books 7-Yes.

Would you tell my Lord and the jury what he had told you 1-1 can't remember the exact words and as far as I can remember Taang said that cheque books had been sent

short from the back.

If he had said anything at all. about the covers of those books having been tampered with, it would have undoubtedly been fixed in your mind! I am not certain that it would.

You would have at once ordered that the covers be brought to you if they were found -I can't say deficitely.

Cautious AnsWEIS. -

Mr. Jenkin: You did not have any doubt at that time that the case for the defence was that your The Mentality Of Glerka, signature was a genuine one and

I put it to you that no stronger not a forgery -There were a lo circumstances could well be con

suggestions as to what the deceived necessitating an immediate fence might be. took it that no report either to Mr. Black or to defence was disclosed.

yourself It is very hard to say, Pressed again on this point, wit nese said that his experience of clerks showed that they were not all smart and alert. Sometimes they might report and sometimes Mr. Jenkin: Now, Mr. Messer; they might not. It all depended on a man's mentality.

14

Do you say that you had no idea as to the purport of those questions! -It was

what I might call Fishing." That's a legal phrase 7-It might be another sort of a phrase as well. I certainly thought that those ques tions were asked, because they were necessary in a case like this. "Not Responsible For The Conduct

Of The Case."

I

Counsel put this question again to witness in another form And at i the same time remarked that the legal mind worked differently from the Governmental or commercial mind.

you can accept it from me that Tsang had given evidence to the effect that the covers of those books were found after closing time. Having told you that, I ask you, did you or did you not when the cheques were brought to you, send for the covers. I put it to you that you could not have 1-The whole thing was to get the police on the track. At that time I did

Mr. Jenkin: What amount of tampering with that cheque book would have to take place before you would regard it as Thang's duty to Mr. Jenkin: Now at the Police report it -If the cheques obviously Court Mr. Black and Mr. Tsang had been taken out. I cannot be were not asked anything about their sure that cheques had been taken signatures in their evidence-iz-out of the book merely by looking chief. Their evidence on this at it. There is no definite proof not distrust Tsang because the subject was however, thoroughly that the book had been unbound and handwriting was so obviously not brought out in cross-examination. rebound. Now there is a' marked change in your evidence. You showed the moment you gave your evidence that the signature, was net yours and that it was a forgery. Can you tell me why the conduct of the case had been changed 1-I am not responsible for the conduct of the

case. •

Counsel had to put this question again to witness in another form and on not getting the answer he sought said, Mr. Mosser, please don't place me in too difficult a position. I wish to remind you of what I said yesterday evening."

Mr Jenkin: I suggest to you that the examination of the cheques at the Treasury, in which you took same part, was made because it was known that the issue would be whe ther the signatures were genuine or forged I-Well, I certainly knew they wanted to test various things about the signatures.

his.

Mr. Jenkin: Do you not consider I am not discussing whether there that it was Teang's bounden duty was any distrust in your mind and to show you the cheque book "Fall that. May I put it to you that which was lying within his arm's it is clear that at that interview length There чуда a minunder- Tsang said not a word about the standing.

covers of the cheque books—He most certainly did." He said the Bank had sent them short.

Now Tsang discovered the three items in the pass book on the morn- ing of January 18th. When did" you hear about it.3-In the after- noon of the same day, when be asked me if I had other accounts.

Was it before or after Mr. Black had come back from the bank - think before.

A chit had come from the bank

that 7-Year early that afternoon, did you ses

You noticed on it a series of numbers 7-Yes.

To Get Cheques First, Mr. Jenkin: Enquiry had been made at the Bank as to the wrong debiting of a quarter of a million dollars? Yes.

Oh. na! Did he say anything about the covers of the book- can't say that he did either one way or the other:

If he did.and had been frank with you and told you that for the first time the covers of these two books bore altered numbers, I put it to you that you would have sedt for them at once? Is it not obvious?—I don't think it is 50 obvious..

Three Protests At One Time. "Mr. Jenkin: Did you entertain any views as to the possibility of the three cheques being for Govern ment payments?-A! I did was to A chit had come back from the get the cheques to see first. Right

Yes or No. You must have form. ed some opinion about it f-Cer-Bank with certain numbers. Three away I knew something was wrong. tainly,

...

of them were Treasury serial num-| Why? Because the names were so Faith In Tsang Not Shaken.

bers. I take it that the first thing unfamiliar, and the amounts too that was done was to look up those large. When you got the cheques Questioned further about the numbers 1-The first thing was to did they assist you at all, as to trust placed in. Tsang On Wing, look up the register of cheques and whether the payees were foreign to witness said that before the case, see the payees of those numbers, you --Yes, I knew that no trans- he had placed implicit faith in and it was found that they were actions with them could have taken Tanng and that his trust up to entirely different people.

place. I also saw that the writing. now had not in the least, been "Did you look up the cheque was not Teang's and that my signa shaken. He agreed that he took books? Not at that, time. The tares were too neat. no steps himself to see that the first thing was to tell. Mr. Black to routine with regard to the bank's go to the Bank. pass book was carried out, and that “I suppose you make allowance for he had always looked to Tsang to errors at the Treasury, don't you? safeguard Government interests in You would have turned to the coun everything pertaining to his duties:terfoil of the cheque book to seg He would expect Tsang, to report if they threw any light on the nnything which might have im2 | matter →→That takes time. The first perilled, those interents, alther to thing was to get the chequer. I sent himself or to Mr. Black.

Black to the Bank,

Witness went on to say that Teang On Wing was not at that time writing out contractors', cheques. It was Chung Man Kun who was doing that job.

Mr. Jenkin: Mr, Black's view at the time, I suppose, was that the signature if T. Black was not his but looked like hiri–Tex.

(Continued on Page &1.

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