1928-11-30 — Page 5

Page

DEVELOPMENTS IN YEO TRIAL.

PRODUCTION OF POLICE RECORDS.

(CONTINUED FROM PAGE 4.) -

Witness Now Wants An Interpreter.

He had had no time to see the. accused who was removed to gaoi immediately after the Court rose

When did you first recollect the on Wednesday. Yesterday morn ing he had no time to see the ac-highly interesting story that you have told this Court this morning cused because be (Mr. Jeakin) was

to my friend, Mr. engaged with Dr. Shellshear. How answer

Sheldon -On January 21st.

What day was that?--I can't re- ever, he was in his Lordship's hands and would cross-examine the wit

member. ness on general" lines only it an adjournment was not granted.

Council And Prisoner Confer In Library.

Mr. Potter raised an objection. He said that he considered it was only right and reasonable that Mr Jenkin should make this, request Defending counsel should be given the opportunity of seeing this client before cross-examining.

Mr. Jenkin said that if he could only get ten minutes to see accused,

he would be all right

THE HONG KONG DAILY PRESS. FRIDAY, NOVEMBER 30th, 1928.

that is to say when the accused was seen, as he says, at the desk of Mr. Trang fingering the counterfoil

Witness: I have forgotten the

date.

So far as you know, it might have been previous to the date of the receipt of the cheque book by Tsang from the Bank-It might have been before. I have to state that I was ill in September.

I referring to Exhibits "E" F," the two cheque books you were talking about 1-I cannot remember that it was before Tsang received those two books. I don't know anything about that.

and

So you are not quite certain which of those two books the ne oused was fingering, as reported by you I could not say which book

Where were you when you recol lected it--At the office. At your desk -Yes. Working I think I was work he was handling. Alone Yes.

iug

What were you doing -We were on ordinary revenue work..

And suddenly, in the course of your work, you recollected this in cident about Yeo, and the cheque books?

Witness at this stage was ob- viously unable to follow Counsel's His Lordship said that the ap-questions and asked for a Chinese plication was rather an unusual interpreter. one. Mr. Jenkin replied that any thing within reason was done in a criminal Court.

The matter was referred to the jury, who after a short consulta tion, agreed to adjourn the case for fifteen minutes.

The case resumed after. Mr. Jen- kin had had a talk with accused in the library.

Cross-examined Mr. Mocsa, sid that he shared the keys of the safe with Tsang On Wing. Each of them could open and close the safe independently.

Mr. Jenkin As custodian of one of the safe keys have you regarded yourself as responsible for the con- tents of that safe'l-All the books and contents but not the contents inside the books.

"Never Knew Cheques Ware In Sate.

Through the interpreter, Mr. Jenkin asked witness if he wished to have all the questions gone through again. Witness replied that that would be a better course.

This caused some, laughter in Court and when it subsided, wit- IT USB indicated that it was not tversary to go through the ques

tions again.

Mr. Jenkin (to witness): Have you any doubt in your mind as to whether you

have understood my questions and your answers?

Through the interpreter, witness replied: I have understood all that has taken place, the questions and the answers.

Perfectly satisfied 1-Yes.

Made A Written Report. Now what made you recollect the incidents-When Mr. Black came to my desk and asked me if I knew Yea's address.

Then you recollected vividly the story you told the Court this mora ingYes, I remembered it vivid ly.

1 see your point, not the missing cheques! Do you regard, yourself, as responsible for the contents of that safe-Yes, but not the con-

You told Mr. Black immediate tents inside the books.

Don't be too anxious about they, I suppose-Yes, I told him inside of the books. Do you regard verbally and he made me write it yourself responsible for all the down.... books, documents, etc., which are placed in the sale 7-Yes.

You are Benior to Teng On Wing?—Yes.

And so much is the safe custody of the contents imposed upon you that your desk actually faces the open safe 1-Yes.

In that safe, amongst other things, is kept the Treasury reterse cheque book 1-That cheque book is riot put in by me.

Never mind that. That is part of the contents of the safe No, I don't know that because it is put in by Tsang, On Wing.

Do you mean to say you have no idea that there is always are serve cheque book in the safe 1-The contents are brought in, by u messenger.

You, the senior custodin of the safe key, tell me that you don't know what is in the safe I don't know what the pessenger brings to the safe or to the strong room.

Is your position this: That you have heard only to-day that a full book of cheques has been kept coa -

your question.

And what you wrote on paper was exactly what you told us in Court?-Yes.

Have you ever seen that bit of paper since t-No, got" until this inorning.

Have you got it Yes. Show it to me The paper was produced; and after reading, Mr. Jenkin asked: This refers to the Arst incident. Why did you not Cell Mr. Black of the second in- cident of your having seen Yeo at his own desk with Tsang's cheque book-1 had too much work to du. I forgot at the time.

Then when did you first recollect this incident When I heard of Yeo's arrest in Shanghai, about July or Augusta,

And then you recollected exactly what you have just told My Lord and the jury as to finding Yeo at his own desk with Tsang's cheque book I did not say Tanng's cheque book, I only said a cheque book.

Accused Had No Right To Cheque

Books

You told us this morning and

was put in on those three cheques written out in tart. Witness re- plied that until the fraud under review, he had never used the Unt since then he ward only," had been asked to do so.

Mr. Potter then said that before closing the case for the Crown, he would like to ask the gentlemen of the jury whether or not they wanted Chung Man Kun to be called. The latter's name had been mentioned many times during the course of the proceedings. jury expressed their desire to have Chung Man Kun called.

The

་ 1]

PITY THE POOR MERCHANTS.

AT THE MERCY OF BOY- COTT PICKETS.

A PROTEST TO AUTHORITY.

HELP "PROMISED,"

,"

Mr. Jenkin objected to this say- FROM OUR CHINESE CORRESPONDENT. } ing that it was up to the Crown to make up their mind as to what wit- nesses or evidence they were going It was to produce for their caso. not up to the Crown to spring new Have you seen him tearing any witnesses or evidence at the con- cheques from the cheque books!clusion of their case. If they had No.

Mr. Braga then intimated that a witness they should produce him and "I am entitled to make he would like Mr. Black to be recapital of this non-production of called. Further questions were in witnesses," Counsel added:

witness by said that such procedure was most the meantime put to other members of the jury.

been served on him. He had not unprecedented as no nolice had only this to say about it but on other witnesses 18 well.

*

Mr. da Rocha: Why did you not submit your report immediately on the day when there was such commotion over the discovery of the cheques? Why wait a few days afterward 1-1 did not remember the incident on that day the 18th January; not until Mr. Black had mentioned Yeo to me on the 21st did I remember."

Was it because of the mention of his name Because Mr. Black had asked me for the address of

the accused that I recollected the incident,

Mr. Ho Kom Tung: The water

accounts books of which the ac- cused had charge were kept in the same safe as yours-Yes, as far as the collection books are concern- cd. But the list I kept myself, in my drawer.

.

Ho

Jury Withdraw Request, Mr. Potter said that he quite agreed with Mr. Jenkin, but it must remembered that the name of Chung Man Kun was mentioned many times by his learned friend and he thought that the jury would like to hear Chung.

Mr. Jenkin replied that the pane of Chung Man Kan was not only mentioned by him but by the prosecution as well and that if they wanted to call him at the first instance, notice should have been

given.

After a short deliberation, the jury withdrew their request.

Mr. Jenkin said that before dis missing this incident, he would like to make a very strong comment on this and other witnesses not being called for the Crown.

What Was The Purpose. Mr. Black was then recalled and Mr. J. P. Braga asked him: Yes remember, Mr. Black, that I asked you on the day when you

Mr. Potter interposed and said were in the witness box, whether you or any member of the Trea that the Crown did not call these sury staff had seen the accused re-witnesses because they thought that moving or handling cheques dar they could throw no more light on He would go further and the case. say that those witnesses were never intended to be called for the Crown. A Ruling.

the period between November and December. Now do you re- member what your answer was I said, No.

How do you now reconcile Mr. Moon's report to you with your reply to my question I afraid I did not appreciate the true value of your question then.

For the jury this is most vital report. You did not realise the importance of that paper then I had forgotten all about that It slipped through my paper. memory.

Witness then added that the re- port was locked up in his deak and he had entirely forgotten it. He was only reminded of it by Wednesday Mr. Hazelrigg on morning. Mr. Hazelrigg had. then spoken to Mr. Moo88.

Before opening his defence, Mr. Jenkin said that he was in a peculiar position because he had not got the ruling which he asked for in the morning. He would like to have his Lordship's ruling as to whether or not he could get the re- cords from the Pelice. He was en- aged for the defence and it was tberefore up to him to leave no stone unturned.

His Lordship: Mr. Jenkin, da you want my ruling now It is a

very serious matter.

Mr. Jenkin: It is very serious. His Lordship asked whether Mr. Jenkin wanted his ruling before opening his defence, and on getting reply in the affirmative, said that he had come to a point that if the officers in charge of the records wanted to produce certain papers, they might do so, but not the whole, it. was against public because

Mr. Rocha (a member of the jury) said it was a curious fact that Mr. Black should have for- gotten about the paper, the im- portance of which must have been apparent to him since he had ask eu Mr. Moosa to put it in writing.

If not, I wonder what that writ-policy, ten statement was for! Was it for the purpose of keeping it in your desk? I could not understand Mr. Moasa, so I told him to write it down. I had reported it to Mr.

tantly in that safe -I can't follow ir. Hazelrigg yesterday that when Messer and to the Palice.

Have you never hear until 0- you saw accused with that book, day that there is always in the safe you said to him "Hello you have a full book of Treasury cheques 1-But Mr. Tsang's book only said that it resembled his cheque No.

book.

Never heard of that until today? -Never.

Witness Requires No Interpreter.

Mr. Jenkin You have never heard until today, that a full book of Treasury cheques is always reposing in the safe?—I can't answer that question..

If we are to accept the evidence given so far in this Court, Yeo had no possible right to touch this cheque book Yes, I agree he had no right.

Jury Objects To Waste Of Time, At the afternoon sitting. Mr. Sheldon said that before the pro- secuticu closed its ease, he would like to recall Teang On Wing. I cross-examination the latter bad been accused by Mr. Jenkin of being in the swindle. He was also accused of having faked his hand- writing in the Court when he was told by the jury to fill up three

Such less had he the right to have one of those books on his cheques. desk? That's Bo.

We have been told, M. Moosa,

And for all you knew that that there is always lying in that cheque book might have been the safe, 臨 full book of Treasury reserve book which should have cheques.

Have you ever heard been in your keeping in the safel unti to-day of that fact No, As far as I knew, I did not No.

think it was the same cheque book And you did absolutely nothing about it-No, nothing at all.

You did nothing about is, you understand me?-No, I did noth

Mr. Justice Jacks: You surely know whether cheque books are kept there or not f

You didn't even tell Tsang, or Chung or Mr. Black or even look into your 'safe ?—That's Bo

Witness: Yes, I know that. Mr. Jenkin (to witness); Anding. you have always known it? Yes. Mr. Jenkin then told Mr. Moosa he realised the language difficulty and asked whether witness requir ed an interpreter. Witness in. dicated that he could carry on. "No Check On Contents.

I put it to you that this story is an absolute fabrication 1-No.

Jury'a Searching Questions.. The gentlemen of the jury, judg- Did you ever, e custodian of ing from the pointed questions

Mr. Jenkin had also challenged Tsang On Wing to produce any cheque in which he had written the in the ordinary way and

A not with that peculiar long loop from the bottom. Those three cheques written out in Court were also criticised by Mr. Jenkin be canse of the breaks in **Thous and "and" in thousand, and also the gap in Ka" and "Tz" in

Katz.

23

the

Mr. Jenkin: In other words they can produce so much evidence as will be useful to the Crown.

His Lordship said that be did not mean that. He reminded Mr. Jen kin that they had already produced two documents and that the Court could not compel them to produce Mr. Jenkin: Did you Lordship the whole of the file. look at those documents?

His Lordship: Yes.. Mr. Jenkin: I can hardly call them.A private document,

("that

CANTON, November 19th. The pickets of the Anti-Japanese Boycott Committee are active and energetic as over. Stores are enter

at will and goods showing the slightest semblance of Japanese origin are brought to Headquarters.

prova If the merchants can their goods are not of an undesir able" origin, they may ultimately weeks and weeks and the merchants get back their goods. But it takes have to bear the risks due to trans portation and handling. Large quantities of piece goods were scized from certain stores on Shap ·Pat Po and Tai Pat Po in Saikwan and brought back to the Headquar ters. Some of these "goods have trade marks and some do not. The

Japanese, origin, as no pickets declared them all to be of proof" was forthcoming from the ownerɛ. On the same day the following marine products were seized from the Leung Tai Marine Products CompanyOne big box of dried fish weighing 900 catties, one big box of devil ish weighing catties, one box of dry mushroom weighing 190 catties, and one box of abolones weighing 123 cutties.

In view of these indiscrimate

ers in electrical supplies in the city seizures and confiscations the des got together yesterday to discuss ways and means of protecting their business from further molestation.

The pickets enter their shops at will and cause indescribable treable and 1049. When a small amount of Japanese goods are found. they take great quantities of goods which are not Japanese at all. Once car- ried off to the Committee's Head- quarters it is by no means casy to get them back. The pickets even 80 so far at times as to force the closing of a shop and they seize every bit of stock. The merchants decided to send a petition to the Chief of the Municipal Bureau of Public Utilities. Mr. Fung Wai, earnestly soliciting his help in get ting justice. After describing these depredations the petition states that "if any pickets want to search our shops for goods of Japanese origin, they should not seize things indis

riminately. They should determine in the store whether or not the articles are of Japanese origin, in- stead of taking them back to their Headquarters to decide. The pickets should take only a sample of each article of suspected Japanese gooda and take it to the nearest Police Station, and make the decision there in the presence of the Police. When. the samples are in a Police Station, the pickets can, if they so desire. telephone to their Headquarters for inspectors to examine them. This would save mitich trouble and all the risks of breakage." It is learned that Mr. Eung Wai has promised to help the dealers in electrical sup plies in the city, but petitions arc not likely to have much effect on the pickets for obvious reasons.

む

MISHAP ON CANTON- KOWLOON RAILWAY.

TWO WHEELS COME OFF!

Hi Lordship said that at all events they were documents ex- tracted from the file, and added [FROM OUR CHINESE CORRESPONDENT.) that the officer in charge of the documents liked to let the defence have them he (his Lordship) would not object,

Mr. Jenkin said that the reason why the two documents were pro- duced was because they were in- tended to establish Mr. King's state of mind at that time.

Casrox. November 29th

Д

The No. 9 fast train of the Canton-Kowloon Railway bad mishap yesterday morning when a pair of wheels of one of its cars got ont of order. The train left Canton at 8.03 am on scheduled time for Kowloon. But when it rentbed a place near Nam Kong, a couple Is Mr. King The Sole Arbiter?

of wheels came off and the train had Mr. Jenkin: Your Lordship then to stop to get them repaired. The enles Mr. King is the sole arbiter. mishap was reported at once to the His Lordship: He is protected. nearest station-master who tele- the He is not bound to produce the regraphed without delay to cords. He has to get permission Canton Head Office. from his uperiore. You cannot compel him to produce anything..

Mr. Jenkin: I would like now to know if Mr. King is within the precincts of the Court?

Mr. Sheldon said that at time Tsang did not have the time to look through all the cheques written out by him, but since the he had done so, and was now able to produce 04 cheques with a break in the "A.'

Teang On Wing was then recall

On the Court sergeant informing to the witness box and as he was cheques, the foreman of the jury,

Upon receipt of the news of the accident. the Head Office at once sent a group of engineers to the scene of the mishap, equipped with all the necessary paraphernalia.

that safe, look through the con-asked the witness, were in a criti-bout to go through the list of 94 him that Mr. King was not within The engineers worked on the job:

teats to ace that everything was cal frame of mind. correct before you locked up - Never.

You understand ine 1-Yes" Do you want an interpreter 7— Not if you put direct questions!

Mr. Jenkin observed that all his questions had been direct..

Repeating his question about checking the contents of the safe Mr. Jenkiu again received a'reply in the negative.

That is definite 1--Definite. What do you think you have got the key for -For opening the safe, getting the books out, for putting the books back and locking the Bafe.

You never checked with Teang On Wing the contents of the cafe

-No.

Have you ever heard in your eight years of custodianship of that safe, of the contents being checked by anyone 1-No.

You are quite clear about that Yen You have understood my ques

the Court's premises, Mr. Jenkin for more than two hours before the

Mr. J. M. Alvear You have not Mr. A. H. Ferguson said that again asked his Lordship. if the train could be put in running order

been approached by Mr. King for enough time had been wasted any information?

Mr. Moosa: He never put any They were all business men and their time was valuable to them. question to me.

Their minds had already been made up and they were satisfied,

In the case of ordinary notes, date them below the contents, and

ruling was that if Mr. King want ed to produce the records, he might, but that the Court could not com pel him to do so,

Mr. Potter said that he could

in the case of letters written on disprove it, but they certainly ob without an order from the Court.

in

again. Meanwhile the morning up- train from Kowloon was approach- ing. Upon seeing the signal and the disabled train, it had to stop

Quite sure 7-Yes.

until the repairing work was finish- ed. Owing to this accident the When you write letters to your superior, how do you date them from the evidence already produe help Mr. Jenkin. He had seen, Mr.

ed, as to the way in which Taang King during tiffin hour and was morning train from Kowloon did They did not re- told that under no circumstances not arrive in Tai Sha Tau until made his "A."

would the records be produced 3.07 p.m. yesterday, quire fresh evidence to prove or

Mr. Potter said that he had never meinorandum forms, I fill in the

jected to the case being dragged Mr. Potter added that he should space provided at the top..

The jury was

case oppose the pro- seen any

the records himself; there ou in this way. Did you lock the safe at your satisfied that the "A" was writ duction of such records, not only might be points which would be of tiffin time Nó

Mr. Arnold: In your years, often with a round loop from the from the public policy point of view material assistance to the Crown

on other grounds.

and be damaging to the ease. for bottom upwards.

Mr. Jenkin said that he was en- service with the Government, haye

the defence. He would however ob- tirely in the Court's and the jury's jeet to the production of the Police hands If they wanted him to go Ble on principles. on he would. He would personally The jury after a short consulta- prefer an adjournment to find out tion said that it was only fair that the attitude of the Police.

Mr. Jenkin should have the oppor- Mr. Jenkin's Objection.

On being told that the records tunity of finding out whether the Mr. Alves, a member of the jury, would seriously affect the case for records could be produced or not. asked witness why the word "only" the defence, his Lordship asked the. They had no objection to an, ad. was not put after "ents" on all jury if they thought fit to adjourn | juruqrent the cheques he had written out for the caveden

The case was accordingly adjourn the Government though the wold') (Continued at foot of next column.).I ai until this afternoon.

་!

you ever lost any keys of the sale Mr. Jenkin then commented that and had to have a duplicate made? out of 101 cheques written by the witness in December, only one was found with an "A" which had a break in it,

Never.

ןי

Mr. Braga-It is, important from the jury's point of view that the exact date of the incident re- lated by witness should be got from hire. With your Lordship's permission. I would like to know whether or not he could state the xact date of the fear incident,

Typists!

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