1928-12-07 — Page 5

Page

3.

DOUBLE CROSSING.

COMMUNISTS BETRAY EACH OTHER.

LEADER ARRESTED OUTSIDE

Y.M.C.A.

DENS RAIDED IN PROVINCES

FROM OUR CHINESE CORRESPONDENT1

CANTON, December 6th.

A notorious Communist, So TI, has arrested in front on the Canton

Y.M.C.A. by a group of detectives headed by Captain Hoh Kwong Wing of the Canton Garrison Headquarters. The arrest WAA effected towards the end of the last week, but so secretly was it done

THE HONG KONG DAILY PRESS. FRIDAY, DECEMBER 7th, 1928.

CONCLUSION OF CARVALHO YEO

TRIAL.

SUMMING UP AND FINAL SCENE.

(CONTINUED FROM PAGE 4.)

Tsang was detained and a train. Police offene, Mr. T H. King, made very careful enquiry into the case for 21 day, after which Tsang was discharged. It was not a de- partmental enquiry, but a Police enquiry...

It is my duty before you consider your verdict to direct you the law and sum up the facts. The first point of the case is the in- dictment. This is framed in formal terms as required by law. It may have sounded very formidable to you but in really it is very simple. The Keystone Of The Ciss.

It consists of six charges, (a) three Counsel said that his next point of forgery of the three cheques a very important one, was why which are now exhibited before you was it necessary to steal sixty B and C., and (2) three of cheques, if Tsang On Wing was uttering the same cheques."

a "point the swindle. That waS which Counsel for the defence had left untouched. There could only be one possible explanation for the theft of the cheques and that was because a forgery was being enact ease, and it had never been explain ed or dealt with. Tsang might be rather a fect but certainly he was

His Lordship then dealt with the law on the subject, and went an to say, that before the jury could convict the accused of forgery they must be satisfied (1) that the three

that the publië did not know any-ed. That was the keystone of the cheque, were forged (2) that the

thing about it until today. At his trial the arrested man confessed that he was a Communist, having held many high posts ir the Com. munist Party. He said that he was under orders to go to Chan Chuen.

Bourishing town on the West River in the district of Sun Tak. to work sarreptitiously among the peasants and labourers for the Communist cause. Then in the hope that his punishment might be mitigated he revealed to the Police the whereabouts of several of his accomplices. He said that his Communist associates were all former captains and officers of the Communist Army under the com- mand of Ho Lung and that they are now living in Chan Chuen. He further said that if his life were spared he would go with the detec- tives to Chan Chuen and point out

to not

DIRECTION." The detectives at once started out for Chan Chuen to round up the rest of the outlaws. taking So Ti As informer. When the party reached their objective, they first notified the soldiers stationed there of their mission. Then, under the direction of the prisoner, a sudden raid was launched on the premises of the, Communists which had been pointed out by So Ti. Two Communists, Chang Ki Chaw and Ko Tuen, were arrested and were brought to Canton for trial. This again was kept secret as the Canton police want to round up the whole gang.

It was, therefore, thought that the public had better not be supplied with any informa. tion.

not knave.

The Treasury Routine. "Counsel then referred to the fact that every witness in the box was amenable to the same treatment and to the same cross-examination. He was uct claiming immunity fo Mr. Messer, because he WA9 Mr. Messer. claiming immunity for Mr. Black just because

He was also not

he wis the Ac

accused forged them and (3) that he did so with intent to defraud. So also before they could convict the accused of uttering forged che ques, they must be satisfied (1) that the cheques were forged (2) that the accused knew they were forged and (3) that he used them with in tent to defraud.

"

Stand Or Fall." "His Lordship then said that the first point for the jury to consider was whether or not the cheques were forged. The whole case stood or fell on that first point. If the sheques were not forged, then the accused was not guilty on any count before them. There was no dirrer evidence and no one had

seen the accused do the actual for- They ging, and the jury had therefore

proceed with caution.

ادامه

countant of the Treasury. There was one rule which muss be follow ed. I anything was suggested against a witness, counsel must put it to him in order to enable him to refute it. Why, therefore, had not, Counsel for the defence asked both Mr. Black and Mr. Mester ques-would have to go by, surrounding tions which would give any indica circumstances and be guided by the tion that the cheques had been facts connected with the appear ance and banding of the cheques. obtained by a trick.

If the cheques had genuine signatures, it might be due to care, lessness or might have been obtain. ed by a trick or fraud to which the nceused might have been or might rot have been a partner, This was, however, beside the point because was now being tried for forgery and not fraud.

Mr. Messer had spoken of the routine in the Treasury and had definitely stated that he had never signed a blank cheque. Now what was the defence.

Both Mr. Messer and Mr. Black had stated in definite terms that siga the they did not write or cheques. They said that the signa-

found theroon

not

were

been made and steps would have ROUND THE COURTS.

been taken before anything serious happened. Considerations arising

in

LOON MAGISTRATË,

out of this were of little moment in BUSY MORNING FOR KOW. Court. It did not excuse anybody who participated an offence which might have been faciliated by an unintelligent man like Tiang On Wing.

The Jury's Verdict- The jury retired at 12.25 8.m and after an absence of twenty minuter, they returned a verdict of Not Guilty against Carvalho Feo on the three counts of forgery, On the three counts of uttering forged documents, Yeo was found

Guilty,"

HIS WORSHIP'S "FRIEND.”

the Kowloon Magistracy yesterday. Mr. E. W. Hamilton had rather busy morning not so much as regards the number of the cases as the variety of the offences which he had to deal with.

Addressing a youth his Worship said: "Look here, my young friend, Mr. Ferguson, forsman of the you have not only been hawking jury, said that the majority of the without a licence, but you come members of the jury had asked him hers in a brazen manner and tell

ordered WOR to add a rider to the verdict. Hea perfect set of lies.? strokes of the birch.

STOWAWAY FROM SINGA- PORE.

did not know if that was a cus- anary procedura in a criminal case, but if his Lordship desired it, he could hear it.

His Lordship: I think this is rather an unusual procedure,

Mr. Potter: If it is anything in favour of the accused, it might be given."

Mr. Ferguson: No, it does not concern the accused.

His Lordship: You have given your verdiet. I think it should

atand as it is.

Mr. Ferguson: I am quite satis

fied.

Request For Postponement For Sentance.

Mr. Jenkin then asked if sen- tence might be postponed until certain arguments had been taken He then before the Full Court. referred to a reservation made by his Lordship over the production of the Police file.

His Lordship said that he did not think it would make much difference. When the case came be fore the Full Court, the sentence could be quashed, upheld or a new trial ordered. It all depended on what the decision of the Full Court was.

Defendant

Pix

A Chinese stowed away on board the . Telemachus from Singa pore, but on being found was made to work, as seaman until the vessel arrived here.

In answer to the charge of stow ing away, the defendant pleaded guilty, but drew attention to c

services on board.

His Worship took this into "con- aideration, and in passing sentence of seven days' hard labour, remark. ed that he did not want to encour age the defendant, but if he had donà the work set him it made a

considerable difference.

THEFT AT M.B.K. COALYARD.

Two men who were collecting cod in the M.B.K, yard at Yaumatì were observed by a detective. They ran away, but were arrested and charged in Court.

"It was stated that the men walk ed into the yard through the main gate during the absence of the watchman who had gone for his afternoon meal.

W23

His Worship remarked that such slackness

a temptation to coolies to steal and for that reo. son was dealing with the defen- dants leniently by sending them both to prison for one months* hard labour.

THE ESCAPED PRISONER.

When the cast Against a Chinese for larceny of cloth was mentioned in Court, it was stated that the defendant was still at large."

Mr. Jenkin said that he had been given to understand, by the Crown that approximately 850,000 had been returned by the accused. There was also another sum of about 8130,000 invested in U.S. Bonds in the name of the prisoner and his wife. He did not know whether the wife had disappeared but she was not in Hong Kong and was supposed to be in Shanghai.

Furthermore the accused had at one time promised to return that

The defendant in the case was amount as well, in which case the total restitution would amount to

Although the wife had the prisoner who under cover at $180,000. not been forthcoming up to the number of people standing in front of the dock sneaked out un- present she might DÓW coma

observed. The constable guarding the with

remaining forward money, and if so, the amount him was also engaged in the other which the accused had returned to cases and he found the dock empty the Government would be very sub-when he came to take the man out. stantial and would make a very

POSSESSION OF FIREARMS. material difference in the matter

his colleaguca, to which proposal the defence was that the the judge pretended to agree,

amount was put into a blank cheque, the man was also guilty of "UNDER PRISONER'S forgery. I he. Mr. Potter, put his signature to a blank cheque and gave it to another person, and i that person filled it for 82,000 in stead of 81.000 as be intended, that person was also guilty of forgerstures in the eyes of the law. I can see theirs. For the moment it sufficed the shadow of the Bank behind this that both admitted that the signa defence. If a blank cheque. "hastures on the cheques were extreme- been signed, perhaps the Treasury ly like theirs. could not recover the money from His Lordship then went on to say the Bank, but nevertheless is that it was natural that the police forgery in criminal law.

should explore every avenue, for the discovery of the truth, because the view must be held that either the cheques were obtained by a fraud or that they were forgeries,

It was mentioned that the Chi Therefore that the first person they would think of vis Tsang On Wing.

nese steerage passenger of the s Mr. Jenkin replied that he President Cleveland who was beause it was he who had the cus- tody of the cheques. He was how-

difference to the sentence.if far-trato a charge of unlawful He possession of five revolvers and ever, discharged after 20 days in thought it would made a material sently before the Kowloon Bags confinement and after careful in ther restitution was made. vestigation had been made.

Counsel for the defence asked thought his Lordship might exer 1,000 rounds of ammunition bas cise the very clear discretion he been transferred for trial at the. Police Court by two during the course of the trial for had in postponing sentence until Central the production of the criminal the point referred to was decided Magistrates.

in the Full Court,

The case wild come for hearing records in this matter. sidered it my duty to rule against Mr. Justice Jacks: The offence this morning. the application, because I consider is a very serious one on which the would be injurious to the public jure have found the prisoner welfare to compel production if the guilty and my view is that restitu Director of Criminal Intelligence tion or non-restitution of a certain won't produce them."

amount will make very

little difference to the sentence which I am going to pass.

Mr. Black On His Guard... Counsel then proceeded to refute what the defence had said about Mr. Black. He said that he did not know whether Mr. Black was a Scotsman, but many a shrewd man would be on his guard in such cir- cunstances and give a answer only on things he was asked. Mr. Black was asked whether be had reported the matter to Mr. Messer. He re plied, that he did not "report" but that he had spoken of the Mr. Potter said if that matter, was all the Counsel for the other side could say against Mr. Black, was then very pleased to have Such a witness on his side.

COMMUNIST DEN IN KO JU.

Counsel asked the jury what was Reports have come to hand that the trick! He could only say, on another Communist den in Ko Iu, the face of the evidence, that there a prosperous port not far above was no trick at all. Even the ac cused when charged at the Police Samshui on the West River, has Station of forgery had said that been unearthed by the district he did not forge the cheques and police there, Three met. Li Taim, that anything he could do for the Government, he would do in Court. Wong Wai and Li So Kui. were No suggestion of a trick there. arrested and large quantities of And what had the accused done for propagande and other seditious the Government? Could it be an other shadow of the bank had Communist documents were acized. fallen, and had prevented him from At the time of the raid the three doing what he had promised? men were holding a secret meeting Operating On Three Bank Accounts, around a table. One was compiling Coneluding Mr. Potter said that 'n report on the surreptitious work he would not waste the time of the of the Communists. Upon trial jury by asking who forged the cheques? There was ample evidence these Communists said that they against the accused both in fact had taken part in the Communist and in law. The jury had to re- holocaust in Canton in December member that there were the three banking accounts and they knew 11th last. Under persuasion the necused's activities in connec- they also revealed to, the district. tion therewith. There was also the authorities the whereabouts and ac opportunity he had of getting tivities of many of their fellow access to the cheque books. He was Communists. Wide and exhaustive actually found in possession of searches to round up all the ring four of the stolen cheques Alo leaders have been instituted in Ko there was the incident which hap

pered on January 5th. On that lu and vicinity.

The Canton Police have of late day aroused presented a cheque to the alert for the Equitable. Bank which was re- been especially on "bad characters It is not an

turned from the Hong Kong back unusual sight to see well armed on Recount of faulty endorsement.. patrols stopping vehicles and search. The seme afternoon, accused sent ing the occupants for illicit re- through another cheque and for a arms. In addition to the special bigger amount.. Could it be said patrols, groups of gendarmes from that all these cheques had been the Canton Garrison are often seen obtained by a trick? Taking the marching up and down the streets esidence as a whole, the jury could helping helping the police. But so not but say that the Crown had far nothing extraordinary has tuin Proved its case overwhelmingly. ed up and Canton is quiet. Evident.. ly the Canton authorities are taking no chance in their protection of the city.

ARMED ROBBERY. AT.. KOWLOON.

At 8.40 p.m. last night three men, two of whom carried revolvere, gained, admittance to a shop at No. 17 Argyle. Street, Kowloon, and after overpowering the inmates they ransacked the place and made off with money and property to the value of $120.

THE SUMMING UP. CLEAR EXPOSITION OF THE LAW.

said :-

In his summing up, his Lordship "Gentlemen of the jury, we have now reached the closing stages of this very very long trial to which you have listened with so much patience. Counsel for the Crown and counsel for the defence have addressed you at great length on material points and fact, in this care, and I feel it unnecessary to „ge over it agaia at the same length.

I had con-

Forgery Must Be Good. The fourth point the jury had to consider, his Lordship said, was that a forgery in order to deceive those who were intended to be deceived by the cheques, must be more than good. It must be ex- cellent in order to pass the test of modern scientific examination.

Taking all the circumstances of the case, his Lordship said that he regarded the Treasury as a "mill" in which these cheques were turned That was to say that the cheques had to go through various men who were to sign them. He departments before they reached the

chers which accompanied the che Particularly referred to the vo ques. Therefore for a false cheque t be passed out without being de- sected, it suggested that the whole staff was disgracefully careless.

out.

If any one member of the staff were found to be concerned in the still there. The whole staff were | « Passing of the false cheques, he was still at their posts and it only reeded the jury to charge them I they thought he or they were responsible. There was, however a query."

of the sentence.

Mr. Justice Jacks: There might be.&

change.

Mr. Jenkin: If it would make no difference at all there is no ground.

Sentence Me Right Away!. Addressing the accused, Mr, Justice Jacks said:"Carvalho Yeo, the jury have listened to the case against you and have found you guilty of uttering forged cheques, namely a cheque in favour of Katz and Co. for 888,965.33, a cheque in favour of Min Tak and Co. for 978,341.41, and a cheque in for 885,142.19. Have you anything favour of the Man Lee. Cogpeny to allege why the sentence of the Court should not be passed on you "I would like you to sen tence me right away.

Mr. Justice Jacks: That is what I propose to do.

Prisoner: Yes, and after the to be made to my Lord. sentence I have a little statement

The Sentence."

His Lordship then" sentenced the accused to ten years' imprisonment with hard labour on each of the three charges of uttering.

Prisoner book it uninchingly. He then turned round to consult with Mr. Jenkin.

од

41

What Is Har's. Is Her's. Carvalho Yeo asked permission |- to make a little statement, as he termed it. He spoke in English with an American nocent. He said that it was true that his wife had got $130,000 as stated by Mr. Jen- kin. He wished to say that that money which was in his wife's possession was her own property and was not connected in anyway with the money of which he had defrauded the Government. property belongs to her entirely."

The prisoner went on, speaking coolly and rollectly. She did not. know anything of what I had done and she is quite innocent of the affair. I was told by someone that

"That

& warrant for her arrest has been

taken out. I was very doubtful why that should have happened. As regards my wife and myself, my wife's property belongs to her. That's her property and whatever I have done is not connected with her.

I am very sorry to hear that there is a warrant for her..

Mr. Potter: If it will be of any consolation to the man. there is no warrant out for his wife's arrest.

Prisoner again reiterated that there was a warrant."

саде.

His Lordship. Counsel for the Crown has just said that there is no warrant for your wife's arrest and he ought to know.

Prisoner: If there is no war- rant, I would like to state quite clearly that my wife's money be longs to her and has nothing to If there is any do with this case. doubt, it can be proved in a civil

The Curtain Falls. Carvalho Yeo the man who has provided so much sensation in the Colony, quietly left the dock through a door leading into the underground cell below the Court "His Lordship in discharging the without showing any signs of fury said: I thank you for your agitation. The loss of his freedom assistance in this long case and for ten years seemed, on the sur- for the services you have rendered face, nothing to him. He gave his to the Colony. This long trial has escort no trouble whatever, And kept you from your own affairs made no protest against bis sen- for a very considerable period and tence. in consideration of that I will give It was impossible not to feel a directions that you be exempt from passing admiration for his stoical This opinion was further jury service for a period self-control.

You are now dia freely expressed as the court clear. of five years.

ed, with other remarks about mis charged.

Caluma) Idirected tale (Continued on next

Treasury's Weak Points. Could they believe that both Mr.

Another Indictment. Messer and Mr. Black could be in-

Mr. Sheldon availed himself of duced to sign three of four cheques for very large amounts without any the opportunity, while prisoner. The system at the was conversing with his Counsel, voucher t Treasury," said the Judge, "hed to tell the Court that there was a its weak points and quite naturally further indictment against the ac the most was made of it. I refer cused. Nothing further might be to the care of the cheques and the heard of it, but pending the de possibility of the cheques being ex- cision of the Full Court, he asked tracted without any clear or in that the indictment he adjourned telligent report that should have until the next sessions. His Lord

aine die. been made: This Tsang On Wing, ship adjourned it I ask, you, is he a clever scoundrel, or is he a dupe, or is a man with out a head for an emergency like that 1. He may have been this last. But surely he should have looked up to see how many cheques were signed for when the cheques came from the Bank, and he should have were missing reported if any There is still leas excuse for him when it happened again, the second time within a few weeks. Had he reported, enquiries would havet

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