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THE HONG KONG DAILY PRESS, THURSDAY, DECEMBER 6th, 1928.

HONG KONG TREASURY AND PUBLIC

MONEY.

ROUTINE SEVERELY CRITICISED.

CARVALHO TEO TRIAL PROBABLY CONCLUDING TO:DAY.

MR. JENKIN'S TWO-HOUR, SPEECH

FOR THE DEFENCE.

The Concluding stage of the trial of Carvalho Feo, who stands. charged with forgery and uttering three forged cheques to the value of over $260,000, will probably be reached at the Supreme Court before Mr. Justice P. Jacks to-day. Yesterday was the twelfth hearing of the case. Two witnesses which Mn F. C. Jenkin, Counsel for the defence; had intended to call, were abruptly taken off the list in the morning following a protest by Mr. Eldon Pötter, K.C., Counsel for the Crown which was upheld by his Lordship who ruled that the evidence was inadmissible. Later both is Lordship and Mr. Potter withdrew the objection, and in spite of repeated persuasion, Mr. Jenkin left the matter, as it stood. X

JURY ASKED "NOT TO BE INFLUENCED

BY AN EMINENT MAN."

In his speech for the defence, which lasted exactly two hours. Mr. Jebkin said that while he felt the greatest diffidence in launch- ing an attack on the Treasury and the persons concerned with the 'case, he felt that it was his duty to lay stress on some of the major points which had come up during the course of the trial.

Fic asked the jury not to be influenced by a prominent man giving evidence in the witness box. Although Mr. Messer might be a very eminent man and that some of the gentlemen of the jarg might be his personal friends, they should assess the value of. his evidence as impartially as that of any other witness. It had been given out and maintained by both Mr. Messer and Mr. Black that they would never sign a cheque without carefully checking it But could they believe this up with the vouchers and bills. evidence. They had only to take the case as a whole to come to a decision on that point. Mr. Black had said, that he at once "knew the three cheques in question were forgeries before he had even seen them in the Bank. He had also said that when the discovery was made known to him, and knowing that a quarter of a million dollars were taken out from the Government funds, he did not report the matter to Mr. Messer, neither did he speak of the matter to Mr. Martin or Mr. Barton.

THE TWO TRUSTED CUSTODIANS.

Tanng On Wing, the trusted custodian of the Government cheques, had also allowed Mr. Black to walk to the Bank with the cheque stubs in his hands only to make the discovery that thirty cheques had been extracted, when that information could easily have been given by himself (Tsang) He had known it and more than that. He also knew that the nurobers on the cheque book. cover had been tampered with whilst reposing in the Treasury and yet he had given no help...

Another trusted custodian was Mr. Moosa, who had made a most important discovery when he saw the accused prying over a cheque book during the tiig hour one afternoon, when he knew very well that Yeo had re business to meddle with cheque books. He had been in the Government Service for over thirty years and vel had to admit in Court that he had never checked what was in the safe, of which he had a key. Although he had made a report to Mr. Black, after the discovery of the fraud, which he way asked to put in writing. that report, according to Mr. Black, had been entirely forgotten-left in the desk.

Taking all these facts into consideration could any man say that the Treasury was run in the manner the Court was asked' by both Mr. Messer and Mr. Black to believe? Or was it a fact that a quarter of a million dollars of public money in Hong Kong was of no importance to the Treasury?

IS TSANG ON WING AN HONEST MAN? Speaking of Tang On Wing. Counsel said that could any member of the jury say that the atitude of the "much trusted" Tanng On Wing was that of an honest man? It had been argued in his favour that the fact that he had been charged and discharged should prove, conclusively that the authorities no longer doubted him.

The Counsel said that that argument was a very weak one. jury would have to remember that the whole affair was depart- mental. Teang was first arrested on suspicion by the Police. The Treasury staff then enquired into the case, and again it was the Treasury who applied for his discharge. No evidence had been given and the whole matter had never been legally gone into. It was in fact a departmental enquiry. Therefore Tsang On Wing's honesty or dishonesty had never been before a jury;

THE DEFENCE CLOSED:

the ON

the

-

Questions By Jury.

"Hi Lordship Withdrawa Ruling.

Mr. Jenkin You were given Mr. Jenkin said that the only three Instons Bank cheques (bear-ovidence to be got from Mr. Green ing the accused's writing) and ask. was as to what took place between ed to look at the letters "I." you him and Mr. Black, of which. Mr. stated that they were similar to the Black's alleged statement to Mr. forgeries. You said at the same Green had already been dealt with time that they were of a different and it was this which produced the structure. You have examined those objection from the Crown. Mr. eheques which were put before yon Jenkin added:-" am not going and also two Netherland's cheques. on" The dots on the letters "I" put before you were of an entirely different structure to those found on the disputed cheques Yes.

In reply to further questions, wituen said that-a-forger--could

11,

Mr. Jenkin further said that as the objection had been made by Mr. Potter and had been sustained by his Lordship, who had noted it down, he had no uption but to bow to that ruling-and-withdraw

never get that quality of evenness the witneas from the bore far A lot of Victrola

and pressure of the pea to be found in the genuine documents.

Witness was then questioned by the gentlemen of the jury with re- gard to the ink used on the genuine cheques and on the disputed che ques, and also on other matters

Mr. J. M. Alves: I see that dur, ing the trial so far no learned Counsels had called attention to the composition of the ink. Do you as an expert think that this is of any importance t

ther objected to the withdrawal of Mr. Potter's objection the matter having gone so far as it had.

Mr. Potter asked his Lordships to treat his objection as if it had not been made Having a doubt in his mind as to whether it was a proper objection or not, he had absolutely withdrawn any objec tion to any evidence which Mr. Green would give. He added:-

objection."

There are certain divided opinions all around me; it is Dr. Shellshear: I do think this quite enough for me ag-represent- is important, and I have examineding the Crown, to withdraw the it as far as I could. I am not a qualified chemist, and as an ex- pert on handwriting I cannot give any evidence on that point. An ex- pert chemist would have to be called in to give evidence on that point.

Witness also added that it would be the same with graphite. He could detect it when he saw it, but an expert in that line would have to give evidence. As an expert in handwriting, he was not supposed to deface the cheque in order to find out the composition of the ink. Mr. Alves: You would have no- ticed that in the disputed cheques the word" Only" was not written after the amounts in writing 1-Yes. Mr. Alves: You would have seen that in the genuine cheques, "only" was written on some and somedays Tsang On Wing omitted it entirely? -Yes.

His Lordship: You ask me to withdraw my ruling}

Mr. Potter: If your Lordship can withdraw the ruling-your Lordship can do it. I have no ob- jection to Mr. Green's evidence.

Mr. Green Withdrawn, The matter was put by his Lord- ship to the jury who, however, were silent on the point.

Mr. Potter: Your Lordship with draws your ruling?

His Lordship: Yes. Mr. Jenkin then withdrew Mr. Green from the box, adding that he had no further witnessĻS to call.

We must be consistent," Mr. Jenkin said. "This oscillation has to be dealt with in some form or other. There was to have been an- other witness from the Bank to speak on the matter of Mr. Black a statement, but I do not propose to call him. Whether the objection should be withdrawn or not, I shall not proceed further.

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The question they had before them was whether the cheques were a for

That problem was gery or not.

Mr. Alves: Do you think that a forger will dare to take the risk by not putting that word 2-1 have seen so many cheques with it and so many without it, that I really did not Day much attention to it. Furthermore, as an expert

Speech For The Defence. I can't give an opinion as to whe Opening his speech for the de ther it was dangerous or not. fence in the afternoon, Mr. Jenkin Mr. Braga: You say that you said that he was glad that the case would have no difficulty in pick was near its end. Before he touch ing out the three disputed cheques ed upon the facts of the case, he out of the 3,000. Is that because had one or two remarks to make put to Mr. Messer at the beginning they have been so fixed in your It was well-known to all practition and he had admitted it. It was the mind by constant association with ers at the bar that in a long case problem in his mind weeks before" them or because of their distinc like the one under review, the tive features? It is "because of pendulum would swing. The feel the case. The Crown had now in- extensive examination coulding I had this morning was that vited seven men on the jury to come give a fairly good description of the pendulum had swung against and take away the liberty of a them. I would not tell you the me as Counsel for the defence." man, and in matters of this kind exact numbers in thousands on Mr. Jenkin asked the jury to keep expert's opinion was of prime im them, but I know their form and it clear in their minds that their portance. This case presented uni- that is fixed in my mind. I am duty was not to be influenced inque circumstances and all the of the opinion that if I could get any shape or form. After all this Crown bad done was to put before three of the cther cheques and sub- was a criminal trial and not a eivil the jury the views of the learned ject them to the same examination. action. It had also been suggested Counsel for the prosecution and I should be able to pick them out that it was a fight between the certain of this witnesses to any that Crown and the Hong Kong Bank the writing was not this and that. Mr. Ferguson: It has been sug- That was not so. A criminal trial One could not cross-examinatio. gested that the signatures have was radically different in that the Counsel and if one were to cross- been obtained by a trick. Isitberty of the accused was at stake, examine witnesses on these points, consistent with the fact that the and whatever the jury might think, they would seek refuge by saying positions of the signatures are they would have to And whether that they were not experts and different to those in the cheques or not the Crown had brought be. could not give their views signed in normal circumstances fore them a case to their satisfac- I can unly deal with facts before me. It is not my duty to specu- late.

in the same manner.

?

Why No Expert Evidence...

tion. There should be no conjeɛ- I therefore ask you this, does tures or suspicions. They were not it meet and I say it doesn't-with to condemn the prisoner at all your approval that in a case, like unless the charge was brought home this the Crown expert's evidence and brought home up to the hilt. should be given throughout from.

Think what you like, gentlemen, the background." Mr. Jenkin then your duty is ay whether or not referred to the fact that the Crown the case has satisfied you. There is had kept Mr. Dovey, who was really such a thing as Benefits of the the expert witness for the Crown, doubt, and you have to say whether back. It was their obvious duty to the such a doubt "xists or not."

jury to pus Mr. Davey in the wit- Proceeding, Counsel said that it ness box. They had been told by was common for Counsel engaged Mr. Messer that Mr. Dovey's on a case to scare off one another assistance had been enlisted an at times, but the fact remained that paid for and therefore was it not they were all sitting there as remarkable that this expert's evi- Witness-At no time in my judicial officers. We have to dence should not have been brought

Els Lordship Makes A Ruling. Mr. R. A. Green of the Hong Kong and Shanghai Corporation was then called. He was asked by Mr. Jenkin to say as to what had taken place at the bank when Mr. Black galled on January 18th to see the three cheques in question. Mr. Jenkin-Did Mr. Black at any time in your presence or hear ing suggest that his signature upon any of those three cheques was a forged signature?

presence or within my hearing did he suggest that his signature was forged.

At this point Mr. Potter object ed to any question on what was said at the Bank. That point was brought out in cross-examination of Mr. Black by counsel for the defence. They had made a point and were now going to knock it down.

You Would Be In A Graver

Doubt,"

forward by the Crown in order to satisfy the jury that those cheques were forgeries.

points in the case and he should have been called to give evidence. at the beginning. "I can see no justification for the Crown keeping him back."

Counsel then criticised the method

look at the case from a judicial point and to satisfy ourselves, yea o nay, whether or no the prisoner is guilty of the charge.

Mr. Jenkin then said that the Counsel then went on to say that remarks he had made about Mr. in a Criminal esse Counsel for the Dovey were not intended to cast any Crown would have the last word. slur on that gentleman. But be The last word in the case would (counsel) could not get away from therefore be ringing in the cars of the injustice of the whole thing. the jury when they left to consider Hord was the prosecution asking their verdict. Mr. Jenkin hoped the jury to find a man guilty of After some discussion, Mr. Jen that the points which he was going forgery and yet not submitting any kin asked his Lordship if he ruled

to make would be in the jury's expert's evidence to back up their that the evidence was inadmissible. minds and would not be obliterated case. Mr. Dovey's testimony should His-Lordship.pointed out that-by-the-last-word-from-the-prosecu-have-been-one of the most vital there was a statement from Mr. tion. Black that he made some remarks about his signature, and now Mr. Jenkin was trying to prove that

Continuing, Counsel said that he he did not say anything about it.

Mr. Jenkin-If you say the would first of all, deal with the evidence cannot be admitted, I will handwriting. And I shall sub of the cross-examination of Dr. be subject to that ruling." The mit to you that if you weigh every Shellsbear by the Crown. He sai question is "Yes" or "No" is the thing which had taken place, you that it must have struck the jury evidence admissible?

will be now in a much graver doubt very forcibly that no questions were Mr. Justice Jacks: I rule under than you were in before." Prof. asked as to the genuine handwrit- the circumstances that it is not. Shellshear had given very convinc-

Mr. Jenkin asked his Lording evidence and had gone into all of Tsang, and the sighaturez the farte exhaustively. The cross Mr. Black by the prosecution. of Mr. Messer" and those ot ship to note the fact.

The matter was brush- Mr. Jenkin: The point, my examination by the learned Counsel Lord, is this, that what a man for the Crown had also ben very in-

It also appeared that many points would also bear in mind that by his actions.

Mr. Potter Withdraws Objection. were scored of Dr. Shellsbear, and an old edition of Osborn's stan- Mr. Potter May. I help here at the time when the latter left the dard work was put to Dr. Shell I think I can save time by doing bcx, it might have been in the mind shear. He later read out a passage so. It might be suggested that Mr. of the jury that the evidence of from a newer edition and it was Black's mentality at that time was Dr. Shellshear had carried "no clearly laid out that to study writ 'important from the defence's point weight.

ing from one or two samples was The proper angle to look at this most fallacious. The matter of of view, and therefore I withdraw the objection against it.

point, Counsel said, was to find handwriting should be studied His Lordship (to Mr. Jenkin): out whether or not Dr. Bhelithear from a physical and subconscious had based his opinion on a solid point of view and the curves, and You may go on." Mr. Jenkin Go on with what, foundation, and had the Crown dag pressure also had to be taken into

through that foundation. If the consideration. All these points; Crown had not then the cross bhd been brushed naire by the pre exarsination could not be called suc- [secution.

Continued on

was indeed remarkable in

Dr. Shellshear Re-Examined. writer. Incorrect reasoning infers Dr. Shellshear who had given forgery from any variation, or in expert evidence

handers genuineness from any resem this passage, Dr. writing and signatures on the die-blance.'

hear Shell, bean age Yesterday was the puted cheques was re-examined by

agreed. M. Jenkin in the morning. He said that the book Puzzled Docu first time that it was suggested to written by Oshorn 18 years you that there was some shakiness on one of He in the word "ninety ago was now out. of print. had been referred to that book by the disputed cheques:-Yea

Mr. Jenkin: Does cot Osborne Counsel for the Crown, There was and every authority place in the another issue published in 1922 which the same author called a vanguard of their views, upon the

worthy successor," Osborn was question of the detection of forgery. thinks at a certain time is tested teresting, spectacular and export. the bighest degree. The jury considered one of the greatest handwriting 7-Yes

presence of shakiness in the authorities on forgery.

There are 41 written words in Mr. Jenkin referred witness to a these three cheques, and it in only passage in the later edition which as to one that it has been suggest dealt with the manner in which ed that there is any shakiness1 the examination of handwriting Yes. should be approached and emphasis You have examined that word and ing the errors into which an inex-examined the cheque as a whole, perienced person might fall. The Do you adhere to your evidence-in- passage also stated," At least in chief that there is no indication in soine measure a forgery will be like that handwriting of any hesitation! a genuine writing and there, is for shakiness at all—Yes. always-bound to be also some No shakiness was muggested to you!

tion in the different examples in the case of the signatures of Mr. variation in ot genuine writing by the way Mekler MEBLACK

, י

my. Lord?

His Lordship. You may go with what "evidence you. can get from

G7580

restal