1925-04-28 — Page 3

THE HONGKONG TELEGRAPH,

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'MOONGLIGHT" TRIP TO

HONGKONG.

A sonsation was caused at the U. S. Court at Shanghai at the resumed hearing of the action of Long v. the Asia Banking Corpora- tion, when Mr. C. S. Franklin, for defendants, interrupted Mr. R. T Bryan, who was arguing the casój for plaintiff..

Upon being handed a telegram Mr. Franklin rose, excused himself) for interrupting and asked. Judge Purdy for permission to reopen the defence.

At the hearing on Tuesday, a |witness, an expert in hundwriting, for the plaintiff, stated in, cross- examination by Mr. Franklin that he had the alleged forged cheque In his possession for an entire day in Canton. Mr.jLong häd given`it} to him. Mr. Franklin appeared dumb-founded and informed the Court that as far as he knew the chequo had never left the posses- alon of the Bank.

Resuming his statement," Mr. |Franklin read a cable just received from Messrs. Johnson, Stokes and Master, Hongkong lawyers, who, in reply to his inquiry, affirmed that the chèque, Exhibit. “C," had not left their possession. They were, he continued, a most reputable firm, and it hardly seemed possible that they would have disobeyed instruc- tions And If, he went on to say, their cable were true, there might| be interesting changes, in the aspects of the case.

Judge Purdy then intimated that such information could have much bearing on the evidence. Mr. Lee, his Honour continued, stated posi tively in evidence that plaintiff brought the cheque' to him in Canton for him to examine, and further that he had been paid to come to Shanghai 'to give evidence. If the cheque never left the hands) of the Hongkong barrister, be, the, Judge, must consider the action from a different angle. "I would," his Honour resumed, "have no

TUESDAY APRIL 28, 1925.

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tiff."

The Judge said he hardly felt that a man would come to Shanghai from Canton to give false ovidence in such an important action...

Mr. Bryan-I can prove that the cheque did leave the holders. This seems to me to be much ado about nothing.

Ilis Honour then suggested an adjournment to ascertain by de-i position the then conditions relating to the cheque.

"Moonshine" Evidence."

Mr. Bryan objected, but was will- ing if he were permitted to intro- duce further evidence by depost- tion, that of a Mr. Dovey, a hand- writing expert, and from photo- graphers who took the pictures of the exhibits,

More argument over "moonshine" evidence and a "moonlight" trip taj Hongkong for more proof, followed. Finally, Mr. Franklin withdrew his motion to re-open his case, stating! that he might ask for a new trial,] if necessary.

Mr. Walter Smith, who gave expert evidence in the Greenberg- Stegman action, was called by Mr. Franklin as a handwriting expert. Witness stated that in his opinion!

he had to pass on thousands of

signatures while in the banking

profession-the signature on

Exhibit "C" the alleged forgery,

was written by the same hand as

the other 62 exhibits. Going care- Istantiated

fully into details, witness sub- his opinion with measurements and showed the exist ing similarities...

Cross-examined by Mr. Bryan, witness remarked that he had acted as a handwriting expert in cases. in the New York State Circuit Court, in the U. S. Court for China and in the Mixed Court.

In argument, Mr. Bryan quoted law to show that expert evidence was not to be considered of great) value in the face of direct evidence, Plaintiff stated that he did not write the document and that he kept both cheque book and rabber stamp locked up. The statements of experts must always be biassed ward the party for whom they

Kaye evidence.

All Men are Dishonest. His Honour brought to the atten-

tion of counsel that the signature might not be a forgery, but that in' some way the money was obtained, perhaps carelessness, or maybe plaintiff had given a zigned paper.] to someone. ̧

Mr. Bryan responded to this suggestion, stating that a Chinese does not trust another. He would never give another Chinese a blank signed cheque. That was not a Chinese charactoristic, counsel went on to say. A Chinese will not trust his right hand behind his back.

Mr. Franklin replied that, he had withdrawn his plea to re-open.

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