1929-04-30 — Page 2

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THE HONGKONG TELEGRAPH. TUESDAY, APRIL 30, 1929.

THE BANK CASE.

COLONIAL TREASURER GIVES

EVIDENCE.

The Colonial Treasurer, Hon. Mr. C. Mel. Messer, commenced his evidence at the Supreme Court yesterday in the case in which thei Government is suing the Hong- kong and Shanghat Banking Cor- poration for the recrediting of the sum of $260,000 obtained by Carvalho Yeo upon allegedly forged cheques......

Re-examined by Mr. II.G. Shel- don, junior counsel for the Gov ernment, Me. T. Black, of the sald that it had Treasury, never been put to him before that he suggested to Mr. Hegarty that the signature might be genuine. That suggestion was untrue.

Dealing with the interview with Mr. King, witness stated that the then D.C.I. said little to him." He spoke about the writing on the When Mr. body, of the cheques.

King was present on the 18th he spoke only of the cover of tho first cheque book and said it was important, that the cover of the other book should be found,

On the 19th, Mr. King handed witness three cheques and asked him if he still maintained that the writing in the body of them Wau not that of Teang On-wing. Tsang was under arrest at that time. Witness sald he maintained then that it was not Taang's writ- ing and still adopted this. view when told that Mr. King had shown the cheques to some one else familar with Teang's writing who had said that it was Tanng's,

Mr. Sheldon: The possibility of you signing cheques In blank has been put to you before?-It was made at the criminal trial but the question was not put to me. by Mr. Jenkin.

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sibility of signing routine cheques in blank-Yes.

Have you ever signed a cheque. in Blank?-No..

Possible Tricks,

In reply to other questions wit ness said that if the signatures only on the three disputed cheques were left visible he could distin- guish them from those on all the other cheques in Court.

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In connexion with the alleged rarities suggested by the defence, witness said he had examined some of the cheques during the limited time available, during the adjournment, Dealing with the end stroke where there was an ab. the usual can't suggest any read the shorthand notes of evi-clearly as he was able to after-fle had not heard of any of the

sence of ink caused by the pen splitting, he said that he had found fifty examples of this in a bundle of just over 200 cheques. He had also found 25 cases where the "B" was over the "h" in cashier, also out of a limited num- ber.

་ ་

reason why it should.

It would be your natural and asual signature?--Yes.

Mr. Black said he had looked through 4,447 cheques and oul of this number 1.360 were for round amounts with no cents. Not one of these was made out without the word only, and all had a fino and dels indicating that there were no ceats in the amount of the cheque.

Handed a cheque which showed an alteration, witness said the alteration was initialled by both Mr. Messer and himself, this being

Dealing with certain phases of Treasury routine, witness, in reply to other questions, said that the order for a cheque book was signed by Mr. Messer and the receipt was also signed by him, and not by Tsang On-wing..

Mr. Sheldon: Until your cross-usual procedure. examination in this case no form of trick had been suggested to you previously as to how your signature could have been obtain-

ed7-No.

A Discrepancy.

moment? Yes.

Is there any doubt in your mind, having thought it over, that you did mention Tsang On-wing's writ- ing? No doubt,

Never Signed Blank Cheques.

Mr. Messer went on to say that he had never signed cheques in blank and he had never signed a Treasury cheque without looking at the name of the payee, or the amount for which it was drawn,

Arms as being Government con- dence given by Mr. Black at the wards. Criminal trial, in which he ad- In this action you had had time tractors. Very few Government mitted to Mr. Jenkin that the to consider and think about it, contractors did work which would Katz and Co. cheque was the first while on the previous occasion enable them to receive cheques one he saw. When he saw that your mind was directed to it in a of $70,000 or over. cheque his impression that the signatures and the body of the theque were forged was confirmed. Did you tell the Bank officials that?- told them nothing.

Really, you mean about the

Mr. Messer's Evidence. handwriting in the body. That is! what I am talking about? I said Hon. Mr. C. Mcl. Messer was the nothing about the handwriting in next witness called. He said that Every cheque had a voucher and the body as far as I can recollect. he had been Colonial Treasurer there were no exceptions. Wit.. Did you say anything about Mr.since December, 1918, le denied ness described the manner of his Messor's signature?—No.

signing any of the disputed receiving cheques, signing them Or Tsang On-wing's handwrit- cheques, or that they were signed and how he checked them. ing-No.

with his authority or, to the best of It was not an inflexible rule Was there a discrepancy be his knowledge, by the authority of that he always signed a cheque tween that evidence and the evi- any person in the Government, first, although he usually did. dence you, gave to Mr. Jenkin in He added that he had never signed Sometimes Mr. Black olgned first. your present cross-examination, cheques in favour of such payees. There was nothing improper in his

In fact you told us here that Witness recalled signing af doing so.

Mr. Sheldon then placed a núm- you did mention you had said that chaque in favour of Man Len in in your opinion it was not Tsang November, 1927, and not Man Lee ber of cheques on top of each as on one of the disputed cheques. other, each one lower than the On-wing's handwriting?-Yea.

Since that trial and before you He had not heard of the names other en that only the bottom por- Kave evidence in this court you of the other payces on the cheques, tions of the cheques were visible, had read through the notes?--Yes, with the exception of Kata and the bodies being obscured. Coun When you gave this evidence to Company. He continued that a firm sel remarked it had been suggested Mr. Jenkin you were quite cognis-of that name, came to his notice to Mr. Binck it was possible that put one on top of the other.

Mr. Sheldon: In the criminal ant of the fact you had made this during the war, when he held the cheques had been signed in that His Lordship pointed out that third suggestion was that the trial you had not been asked any statement in the criminal trial. cffice of Captain Superintendent of manner, but witness replied that

Palice, with regard to trading with # the enemy. cheques might have been made out questions at all in examination-in-Will you explain it?

At the end of 1927, continued with just the words and figures of chief regarding the interviews and 78, in the case of one cheque, the what had been said by you or

In giving his explanation of this witness, the Government did not thousands and writing being put other people at the Bank? No,

And it was only in cross-matter, Mr. Black said that when owe any money to the payees usually paid more attention to In later.

examination that, for the first he was under cross-examination named on the disputed cheques. scrutinising cheques and vouchers Mr. Sheldon: Now supposing that any of these were feasible time, your mind was directed to he had some difficulty in following He was the chairman of the Gar- at the end of the year because what was or was not said there? the questioning and he could not ernment. Tenders' 'Board. He re- Government accounts must not be would the position of your signa- Yes.

bring his mind to bear on what ceived all tenders and sent them overdrawn,

The hearing was adjourned. ture be altered in any way from

Mr. Sheldon then continued to occurred at the Bank quite so through with any recommendation.

At the trial the defence was, at It is now, that the eheques are genuine?--Yea.

Cheques for Round Sums. Witness agreed that it had been suggested that the cheques might have been signed in blank and also that they might have been

Mr. Sheldon proceeded to que tion Mr. Black with regard to a parent discrepancies in the evi dence he had given at the criminal trial and at the civil trial.

Mr. Sheldon explained the point not. Mr. Black mentioned to Bank officials or a Bank official at the Bank interview that in his (Mr. Black's) opinion the handwriting in the bodies of the cheques was not that of Tsang On-wing.

was as to whether or

Mr. Black's Explanation.

if cheques came to him in that manner, he would examine them individually.

On the whole, asid witness, he

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