1928-12-07 — Page 4

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THE HONG KONG DAILY PRESS, FRIDAY,

HEAVY SENTENCE ON CARVALHO YEO.

JURY FIND HIM GUILTY OF UTTERING FORGED

· DOCUMENTS.

INTERESTING STATEMENTS FROM THE DOCK.

SEQUEL BEFORE A FULL COURT

PENDING.

"Carvalho --Yec,the "gifted penman on whom so much local interest has been centred during the last few weeks, was yester- day sentenced to ten years' hard labour on charges of-attering forged documents, by Mr. Justice P. Jacks, at the Supreme Court.

The Court room was thronged with interested" spectators, among whom were several indiés, long before the sitting com- menced, even the witness box, being turned into sitting. Recom- modation. There was tense silence in court as Counsel for the. prosecution, proceeded with his relentless review of the case for the Crown. Many glances were turned in the direction of the dock but Yeo, apparently displayed no concern either at Mr. Eldon Potter's eloquent speech for the prosecution, or in the summing up the Judge. His expression showed coperturbed serenity. He" appeared to know the game was up and when the verdict was returned it was with complete calmness that be asked his Lord- ship to sentence him first and let him say a few words afterwards,

PRISONER'S PLEA FOR HIS WIFE.

**

The jury retired only for twenty minutes. When they reassembled, they returned a verdict of Not Guilty on the charge of forgery, but found the prisoner Guilty on the three counts of uttering. Before passing sentence, his Lordship asked Yeo what he had to say why the sentence of the Court should not passed upon him.

Speaking with an American nasz intonation, Yeo asked to be sentenced right away," and to be allowed to make a state- ment afterwards. He said that the 8130,000,,invested in United States Bond which had been traced to him belonged to his wife and was not a part of the money of which he had defrauded the Government. He had heard with considerable concern that a warrant had been issued for the arrest of his wife. He wished to take this opportunity to make it clear that his wife had no knowledge of what he had done. She was innocent and should there be any doubt about the money invested by his wife, he could prove conclusively before a Civil Court that it was not a part of the sum mentioned in this case.

WOULD RESTITUTION MAKE A DIFFERENCE?

It came as a sensation to the large number of spectators pre- sent when Mr. Jenkin, Counsel for the defence, said that be understood from the Crown that there had been a restitution of approximately 850,000 to the Government. He also understood that there was a further sum of 8130,000 invested in United States Bonds in the name of the prisoner and his wife. The accused had. also said at one stage that be would restore that amount as well," but that he could not trace the whereabouts of his wife, who wa supposed to be in Shanghai. Counsel said that the wife might come forward with the remaining money, which was a very sub- stantial amount. The result of this might make a very material different to the sentence. Counsel thought this would have a material influence on his Lordship. He therefore hoped his Lordship would postpone sentence until the point referred to was decided in the Full Court.

His Lordship replied that the offence was so serious that restitution or non-restitution would make very little difference to the sentence he would pas8.

IS THERE TO BE AN APPEAL?

From what transpired between Counsel and the Bench, there appears to be a sequel pending before. a Full Court. The posi- tion was not clearly stated. The public do not know whether the Full Court may sit to hear an appeal against the decision of the case under review, or whether it will consider a different aspect of the case.

After the jury had returned their verdict, Mr. Jenkin referred his Lordship to a reservation made during the course of the trial under the Criminal Evidence Ordinance. The point referred to dealt with the Police records of the case preferred against Tsang On Wing. Mr. Jenkin had, at an earlier stage of the case, asked for the production of the Police file. His Lordship said that be could not compel the Police department to do so. argument on this point, and eventually it was reserved.

There was

In mentioning this point yesterday, Mr. Jenkin said that under a section in that Ordinaner, his Lordship might or might "not postpone passing judgment. He, however, asked for judg ment to be postponed until agument had taken place before the Full Court on that point.

Mr. Sheldon, junior Counsel for the Crown, snid.at this stage That there was another indictment against the prisoner. Probably nothing would further be heard about that, but, pending, the decision of the Full Court, he asked his Lordship to adjourn the remaining indictment until the next sessions. The indict- ment referred to is connected with the water rates out of which. the accused is said to have defrauded the Government of $17,000.

"THE SHADOW OF THE BANK!”

thirteenth

MR. POTTER'S SPEECH. Where Is The Honesty In Thieves. According to Mr.. Jenkin, the Yesterday was the bearing of the case against Carvaliner in the dock was not only bo Yea. Mr. Potter opened the morning's proceeding with an elo, quent address to the jury. He said that be if he had the least idea that the case would drag on for so long, he would assuredly have hesitated before summoning the heads of various firms to sit as jurors.

swindler and a daring criminal, but he also lacked the honesty which they had been told that even thieves possessed, because his own Counsel had suggested that he had double-crossed Tsang On Wing and had bolted with the money thus leaving his fellow conspirator in the lurch.

DECEMBER 7th, 1928.

Corporation had overshadowed the

defence of Carvalho Yeo. The man in the dock had been thrown to the wolves so that the Bank could fight, what they thought was the first round between themselves and the Government.

In a fight of this kind the points were all in favour of the Bank, be cause he (Mr. Potter) being Counsel for the Crown-in-a-criminal case was circumscribed in tuany ways by statute. If I might use a boxing simile I will say this. If this is p fight between the Government and the Bank, which I say it is not, then-I-am-giving-away at least seven pounds to the Bank. But when the Bank and the Government come into a civil court, we shall then be at equal weights."

A Nebulous Suggestion. Counsel then went ou to say that #bea such a fight occurred both the Bank and the Government could raise points as to negligence. The Bank could contend that the signa- tures were not forged. In fact they were entitled to raise any defence they pleased, and whatever verdict be

given in this case, it would not be admissible in evi dence. I protest against an issue of this kind being fought in this way and I suggest that it is largely responsible for the length of time the case has taken."

He did not want to score off his learned friend, Mr. Jenkin but be must say that the most shattering defence Counsel could raise was to admit criminality. The defence had admitted that the prisoner was a swindler and the point at issue' in the whole cise was the nebulous suggestion that the cheques were obtained by a trick. Was there any evidence put forward in support of the trick which must have induced Mr. Messer and Mr. Black to sigu cbeques amounting" to 8280,000 1. Even Prof Shellshear had to admit that he could put forward no suggestion Counsel for the de- fence with all his ingenuity bad not been able to suggest any trick.

Insults To Jury's Intelligence. Commenting further on the trick suggestion, Mr. Potter said that the defence itself did not know what the trick waI "I say it is an in- ault to your intelligence bearing in mind the part played by the ac cused in the swindle in opening an office and three banking accounts. He is admittedly in possession of the cheques, admittedly cashes then and had 880,000 in his pocket. Da you mean to say that that man does not know what trick was played upon Mr. Messer and Mr. Black, if in fact a trick was played 1 I BAY it is a point deserving of the severest comment.

I say it was the bounden duty of the defence to put the nature of the trick to the witness concera ed. If counsel for the defence does not know what the trick was, then I suggest that he need only have gone to the dock and asked his dient: You cannot believe, if there was a trick in this case, that Carvalho Yeo did not know who' the trick was.

Counsel farther commented on the fact that not a single word had been put to Isang On Wing about Eis alleged criminality. Not a single question was put to him as to what part he played in the conspiracy.

Comes From The Defence. Counsel said that the criticism which came from the defence was

becoming to them having due re- gard to the facilities which the Mr. Crown had afforded them. Potter then referred to the per- mission given to the defence to get many cheques as they wanted from the bank for the purpose of comparison. They had also given every information..

Counsel went on to say that he did not call Mr. Dovey to give expert evidence because he did not think expert evidence was needed in a case where they could see the peculiarities of the chequea in question with their naked eyes.

Mr. Potter then dealt with the peculiar manner in which the "T"

."

and “TZ” were written on the disputed cheques, and wound up by saying that it. the theory was that the cheques were obtained by a trick, why were sixty cheques stolen? There were no reasons for the theft since they could easily fill up any He said that they were all weary Have you ever heard of a cheque and obtain the signatures by of the case, it had been going on for thirteen days. He himself was before I put it to you quite fair-

counsel putting up such a defence a trick.

Trang On Wing tired mentally and physically. Hey and squarely. Do you believe would, however, say earnestly and Carvalho, Yeo iustructed his Coun- the allegation which had been made Reverting to Tsang On Wing and sincerely that if he had kept the acl and solicitors to fight the case against him, Mr. Potter said that jurors an hour longer than was for thirtech days merely because the first thing the defence should necessary, then he regretted it very whereas he is guilty of fraud, be have done was to question Teng should not also be convicted of in detail as to the part he was forgery. I say that you cannot alleged to have played in the accept that," Counsel, added. swindle. Tsang was in the witness

much.

itself.

*

Proceeding, Mr. Potter said that Counsel for the defendant had quite rightly taken upon himself to criticise the Crown's case, He "Only The First Round " box, and not a question was put to. would however also say this that Continuing, Mr. Potter reminded Tsang as to how the supposed the criticism was not personally the jury that in his opening ad-swindle was perpetrated. It was directed at the Counsel for the dress, he had said he would refuse the bounder duty of counsel for the Crown, but to points of the case to be a party to any fight between defence to do this in order to give would also take his criticism of the Book and the Crown in that not have been ignorant of the part He hoped that the jury the Hong Kong and, Shanghai the man a fair chance of refuting' it. Counsel for the defence could defence's case in the same manner. Court. He also referred to IL There was nothing personal in it. rumour that the case was really a played by Tsang, if he did play Saying that he had considered trial of strength between the Bank- any part. All he had to do was to very carefully the words he was ing Corporation and the Hong had also been made, Mr. Potter ask the accused. The suggestion going to use as he did not wish to Kong Government Counsel said said that Teang did not run away exaggerate, he was, however, bound that he still maintained his former to remark that in all his experience attitude, and reiterated that as far because he was double crossed by the The answer was that at the Ear, and in all the books of its the Crown was, concerned the prisoner. Law which were open to him for ease was not indirectly against the reference, he had never yet come Bank. néross a defence which had been Looking at the way the defence the Conducted like the dience af was presented, Counsel said he was

[-boundutan tay that the Banking.

sang would have had to run away: in order to avoid geol, because if handwriting had in fact been

this would be inevitable

(Continued on Page b.)

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Hong Kong Weekly Press

PUBLISHED TO-DAY

TO-DAY'S ISSUE OF THE HONG KONG

WEEKLY PRESS REPORTS THE- CLOSING STAGES OF THE TRIAL OF CARVALHO YEO, THE GOVERNMENT CLERK WHO OBTAINED OVER $260,000 FROM THE TREASURY BY MEANS OF FORGED CHEQUES. PRISONER WAS CONVICTED AND SENTENCED TO 1

10

YEAR'S HARD LABOUR,

Hong Kong Commercial circles are greatly exer- cised over the Government proposal to insist on the stamping of local shares on transfer and Chinese Bankers and Merchants have expressed unanimous opposition to such legislation.

Anti-Japanese Boycott pickets continue

to

victimise merchants of Kwangtung and the latter have protested to the Government. The authorities appear, according to our Cantón correspondent, more interested in a great scheme to “reform” religion in China and to abolish superstition.

Social events in Hong Kong last week include the St. Andrew's Night Call. Other activities sporting, and social are also recorded.

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