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FORGERY TRIAL CLOSES.
FOE CHUNGYUEN SENTENCED AT SESSIONS.
THE HONGKONG TELEGRAPH. ·THURSDAY, AUGUST 23, 1928.
your minds whatever that Fok Kam-chuen was a fraud? Ho was bringing a fraudulent case into court if that was eo,”
Conflict Of Evidence.
Mr. Sheldon continued that, at once, they had a conflict of evi- dence between Mr. Beavis and Fok Kam-chuen and it was up to the jury to decide what evidence they were prepared to believe.
Fok Chung-yuen was found "Guilty" on two charges of utter ing forged documents and one charge of conspiracy to defraud at the Criminal Sessions yesterday, Mr. Boavis had been described by before Mr. Justice Jacks, and re- Mossrs. Johnson, Stokes and Mas- ceived three sentences of imter, as an essentiel witness. Could prisonment totalling five years, they have any doubt that he was The accused was acquitted on two an essential witness for the Bank forgery charges.
of Canton "If the judge had be lieved Mr. Benvia' story, can you have any doubt that the verdict must have been for the bank be cause, if it is true, Fok Kam-chuen did know of the assignment leng before he learned about it in the newspaper."
In addressing the jury Mr. Sheldon, after speaking with re- gard to the law, went on to deal with the subject of a complaint by the other side of failure to disclose the nature of the defence, Counsel agreed with a judge, quot- ed at the Police Court hearing by Mr. Jonkin, wherein It was laid down that if a man was lanocent it was batter for him to say so at once and give reasonable grounds to be investigated by the prosecu- tion. He went on to point out cer- tain circumstances of the
Concluding Mr. Sheldon dealt with other portions of the defence, saying that it was quite clear that a very great amount of suspicion must fall on the prisoner, owing to the way he was situated, but asked was there not equally aus- picious evidence against the youn- and argued that in view of the cir-ger brother, Fok Tat-ful, and even the father, Fok Kam-chuen him- self? No questions had been put to implicate Fok Kam-chuen.
cumstances such
2
case
procedure would not have been the best. With regard to the Police Court trial it was quite obvious that the prisoner would be committed for trial and had the prisoner, then box he gone into the witness would have been, cross-examined there and again erban-examined us he had been in the present court.
Complete Defence,
A Bizarre Story.
7
Mr. Sheldon submitted that if Mr. Beavis' evidence was taken away there was no more evidence against the prisoner than there was against either Fok Tat-ful or Fok Kam-chuen. Counsel submit- ted, that as reasonable men, the jury could not accept the evidence of Mr. Beavis. He added "1 am not making any attack on the honesty of Mr. Beavis because I am sure he honestly believes his memary is true. But I do any it is impossible for you to accept this bizarre story of that refreshing of memory after six long years have gane by."
After dealing with aspects of the malter in explanation, counsel wald that the defence put up, to the knowledge of the Crown, was that the prisoner was not in Mr. Beavis' office. If what the prison- er had said was true then it was a complete defence to the charges. If he had never been into the of- fee of Mr. Beavis, hud never seen Mr. Beavis before, and had never signed a deed in the presence of Mr. Jenkin commenced his. Anal Mr. Beavis on that morning, then address by urging, that no reason. he had a complete defence which able jury could accept the prison- was brought out at the Policeer's version with regard to the Court.
was
· Mr. Jenkin's Address,
documents.
Commenting on other previous Counsel went on to speak with remarks of opposing counsel, Mr. regard to disclosing the defence. Sheldon sald he could any that "I have authority behind me of the Mr. Jenkin had never meant to greatest judicial officers in Eng- land, that a man who does not put suggest that the defence "Cooked. Lawyern were not in forward his defence is a fool, if he does not take It on the first the habit of making up a defence
possible occasion. Mr. Jenkin for a man, and noted simply on continued that it was also held that the specific Instructions of their if a man said "I reserve my de- ellent while no details were sug-fence" he was no less foolhardy gested by lawyers themselves,
as it might open him to the gravest Dealing with
forgery suspicion: Under curtain circum- the charges Mr. Sheldon submitted stauces he was empowered to ask that there was no evidence at all the jury, to take a failure to dis- upon which the jury could come to close a defence into consideration the conclusion that it was the pri- and in the present case "1 Impress soner's hand that forged the docuit upon you, and ask you to weigh
ments.
Mr. Benvis' Memory.
The chlef evidence against the neeused, he continued, was that
heavily the fact that this defence was not put forward until we came into this court,"
Continuing, counsel said that the prisoner was very closely associat-
of Mr. Beavis who told of thated in the matter in some way or
very interesting and unusual story
memory
other. It might have been an in- nocent or guilty act, Mr. Jenkin of his fent of
after suggested that perhaps the key of incidents which of the test that the jury might many years occurred some seven years ago, apply with some certainly was These incidents took place in 1920 this: "Do you believe that the and 1921." Sometime ago, in 1926, prisoner, a man of mature age, continued Mr. Sheldon, Mr. Beavis with matared business experience, was asked by Mesure, Johnson, one of two partners in an import Stokes and Master if he had any and export business carried on in recollection of the incidents which the foreign part of the business attended the execution of the as- portion of this elty, being on the signment. "You will remember verge, as he tells us, of bankruptcy, that he told us that he was asked the bankruptey heing of his own In 1926, that he searched his mind firm, acted on what his younger with regard to it, and that his brother told him, that the position memory was a complete blank. A had heen saved by his father's few days before the trial opened of assigning to the debtors, because Fok Kam-chuen against the Bank that's what it amounts to, by mort- of Canton, where the father claim-gaging the whole of his property, ed against the bank for the return thus saving him and his younger of his deeds, Mr. Beavis had sud- brother from ruin, and that he denly remembered details which he never spoke to his father about has told to you, of what happened it, that never a word passed be- during the execution of that deed."tween the old man and the san?"
Continuing Mr. Sheldon went on to say they also heard that ha evidenco was different to that of Fok Kam-huen. The old man had
definitely sworn that he did not know anything whatever about the assignment until he saw in a news paper, that his own properties were to be sold by the Bank of Canton, "If Mr. Beavis is correct about that, can you have any doubt in
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Counsel's Indiscretions. the witnesses for the prosecution jury had to ask themselves "It is, if I may say so, a matter whether it was possible for a man Continuing Mr. Jenkin sald of a grave indiscretion by counsel to recollect in iis mind incidents The only possible explanation, in daily contact, and took their there was not a title of evidence on for the defence, to throw out a sug- which, for a porled, had been en- knew nothing about it and the pri- er never said a word to his father! they could base a finding which was the person at the bottom of it. draw on their own experience fer said counsel, was that the father meals together? Yet the prison-record before them upon which gestion that possibly the father tirely forgotten. The jury could soner took good care that the "If you accept that story you are would in any way involve Fok It seems to suggest that possibly an answer to that query. If they father should not know anything accepting one of the most extraor- Kam-chuen, which was a mons- the father was at the bottom of decided it was possible for a man about it. Upon what other basis dinary altuntions between a friend. trous suggestion. As it had not it all than that was it possible to ex-ly father and a son that has ever
the present ease, had they any honestly to re-call incidents, as in plain the extraordinary atlence be-been recorded in history.".
(Continued on Page 13.)
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