1929-05-16 — Page 10

10

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THE HONGKONG TELEGRAPH,

THE BANK'S CASE OUTLINED.

THURSDAY, MAY 16, 1929:--

Treasury had been doing since these events.

Present Procedure.

RIFLE MEETING.

GARRISON, SHOOTING CON. CLUDED YESTERDAY.

The weather was not all that could

Now, when a cheque book was (Continued from Page 9.)

received from the bank, it was

The annual rifle meeting of the rational conclusion as to what had checked by two officials. When it

was returned from the gaol it was Hongkong Garrison was concluded on taken place that something was wrong, then the affair would never checked by two officials. The che the Kowloon City rangu yesterday General Sandilands, General Officer have happened. If it had been que book in use was inspected overy when at the end of the shooting Major brought to the attention of their day. Every cheque signed Commanding, presented the prizes to superiors they would have drawn checked with the cash book which the successful competitors. the bank's attention to it and was thea duly initialled. The re- neither the Government nor the serve cheque book, instead of being Treasury would have been victimis-kent in the open safe, was kept ed by either of the three choques. Mr. Messer's personal safe. The There was never any Inspection of current cheque book was now lock the cheque book by either Mr, Mes- ed up during the tiffin interval. Ber or Mr. Black, No one checked the contents of the, safe which was left absolutely to Tsang and Cheung,

"Mental Inertin."

be desired but the light remained quite good throughout. The constant drizzle during the later part of the morning made good shooting difficult and as result the scoring was lower than would otherwise have been the

The results of yesterday's shooting were as follows:

Soldiers Club Challenge Cup.---3,, Ple. Belm (K.0.S.B.); 2, Piper Taylor

He did not know whether the officers in the Treasury were now exceeding what was reasonable care but ho. would meet them half way. If any two of the steps he bad just outlined had been taken in discovery for the first time on the choques have been presented on 22nd, it is to be attributed entirely January 3, 4 and 6? There could to an inexplicable patch of mental only be one answer and that was- inertia on his part, that for some no. He thought that the jury unknown reason he suddenly lost would find that if a reasonable de- that degree of mental alertness gree of supervision had been exer- which he would appear to have dis- cind that it would have been known played in other functions he would in December, the crucial month, appear to have discharged in tho that the cheques were missing. Treasury."

"Do you believe, if he made that December, 1927, would the three Com championship.-1, Pte.|

Beim (K.0.5.B.); 2, Piper Taylor (K.O.S.B.).

Individual Rifle.-1, Pb, Stowart (K.O.S.B.); 2, L/C Gardner (K.O. S.B.).

Company and Battary metch.-1, "C" Company, Somerset Light In- fantry

Machine Guns-1, No. 18 Platoon, K.O.S.B.

Lightning Automatic Competition. 1, No. 3 Platoon, K.0.8.B.

Course of Dealing. "Where is Cheung Man-kuen?" asked counsel, "the ono other man Counsel went on to deal with the in the Treasury who was intimately course of conduct between banker concerned with Teang in this and customer and said that one of thirty cheques were short in the matter. We know the man is his pleas in the case is "was it a second book Tanng did not speak, available, this other man who could course of dealing between the Gov-then. Mr. Mosser found that the either confirm Tsang's state of Im- ernment and the bank that the previous book was short and then becility at this period and con- Government should, with reason ment for Tsang On-wing. And vince you that it was a fair viewable despatch, warn the bank of any not until Mr. Messer had called to take on this question, or cise suspicious, unusual or Irregular for the book did Teang any any to vive Tsang, away."

circumstances in regard, to che-thing. Even then he did not lay all his cards on the table. He did After commenting it might be ques." stated by the other side that they did not want to waste time with innumerable witnesses, Mr. Jenkin asked the jury if they could think, having regard to the circumstances, of a more important witness from the Treasury than Cheung. Coun- sel said he would wager, by reason of the frequent references to his name as being closely associated with the matter, they must have expected Cheung was going to be called.

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The early symptoms of nervous the whole system. oxhaustion are oday, to recognize.

With regard to that the evidence

Counsel asked whether these was that Mr. Messer had said not say the covers were altered.

The reason why Dr. Williama' there had been a system of mutuan matters were without significance You lose your spirits, feel nervous Pink Pills do this is because of

and whether they would communication at least for 29 years. Underlying that had been

aasuming the aspect of big originally by a physician (an M. the safeguarding of both partics, squared with the child-like in- and irritable, small things worry, their unique formula, devised Writing Other Signature. troubles. Your memory becomea D. of Edinburgh University, Scot- and that that course of action nocence of Tsang, would cover anything unusual con-

It had beon, suggested on the uncertain and your thoughts land) of great genius and ex- cerning cheques and that it would operate as between the two of them other side that Tsang, if he had confused; perhaps headaches, hot petiende, a formula containing the event of anything occurring been in the swindle, would have flushes, and a tendency to get not only a number of ingrediente cheque book easily excited are noticeable; highly beneficial to the human which pointed either to the pro- destroyed

of fraud covers. Counsel suggested that it your digention suffers and you organism, but also one of such babilty or possibility

was obvious that the covers had feel the need of stimulants to outstanding importance that it and to aid your has been declared by the highest been preserved to serve a purpose cheer you up

ready for the childlike explana- tlon of cheques coming short from appetite. Even if you quickly got medical authority to be. Indie

off to sleep on going to bed you pensable to life. soon awake, and your brain, then refuses to give you any rest until the small hours, with the result that on rising you feel, tired and unitted for the labours of the

the bank.

Before closing his address Mr. Jenkin briefly referred further to handwriting and said the plain tiff had said the endorsements on the backs of the disputed cheques were evidence of the existence of day.

highly skilled forger. Counsel Probably the very best cure for suggested to the jury that if they such a condition is a long sen wrote some other name they would

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unsurpassed curativo strength-reatoring qualities have given Dr. Williams' Pink Fille for Pale People supreme place among the world's tonic remedies for: the past forty years. Surely, therefore, they are worthy of

Mr. Jenkin put it to them they being committed by means of che would find, that Tsang and Cheung que forms. Consel submitted that knew that after the book had been there was a course of dealing which received in the Treasury the in- called for the notification by the of sus- cident had happened. If they Hongkong Government knew, the jury would also find, be-picious occurrences with regard to cause there was no other conclusion cheque forms. - possible, they must have known Mr. Jenkin next devoted himself that the number had been altered to the question of whether or not for a wrongful purpose, that che-Tsang was concerned in the fraud ques had been extracted for a and said that he had dealt with this wrongful purpose, and that wrong point in great detall during the was not only wrong in the widest course of his openlug, The Guv sense but was wrong in a fraudulent ernment, with presumably the name

Of chemlats everywhere, or sense that fraud

was afoot and knowledge as the present tribunal, always write it the same, what- voyage. But few can afford either test if you need tonle helpi they know it.

had been satisfied. to re-instate ever the interval between the the time or the money for this. Tang and had stated that they writings, as the signature would A method of treatment within post free at $1.00 per bottle, 38.00 Unsuspicious Deputy." had the utmost faith in him and be in their natural hand. And to the meats of everybody,, and for 6 bottles, from The Dr. had stood and would stand by him get varied writing of a signature which tens of thousands of suffer- Williams Medicine Co., 60, Kiang- through thick and thin.

was merely necessary to change ors throughout the world have se Road, Shanghai. the hold on tho pen.

Silent as the Tomb.

Counsel put it to the jury that Mr. Jenkin concluded his ad DR. WILLIAMS' PINK PILLS

the key to the question, nye ordress at 4.15 having spoken four nay was Taung in it, was whether hours and a quarter. the covers were altered at the dule alleged-were they discovered to be altered on the date alleged. The evidence was that Tsang was silent, that he never spoke anybody, that he was us silent as the tomb."

Mr. Jenkin continued that the jury was being asked to hold that occurrences of the class he had mentioned were of such a nature that no attention need be paid to them. He asked the jury to, ns- sume for a moment that having made a discovery of this nature it would be possible to excuse Thank On-wing. He asked whether or not Mr. Black or Mr. Messer, with the exercise of ordinary and reason able care if they had discharged their duties in the ordinary way would have found it out. If 80,

The only conclusion which then the jury could have no doubt could he come to was that the al- that they would not be present teration did not take place while that day. If either of them had the cheque book was in current made the discovery which Thang

Lo

nude they would have drawn one. Not a soul had stepped into conclusion and one conclusion only, the box to give a modicum of suр- that there was something afoot port to Tsang's ovidence regard- which required very particular at- ing what had taken place,

With regard to the second cheque Lention.

Counsel said he made that sub-book Tsang pointed the alteration mission confidently on the fact that out to Cheung who made no com- Mr. Messer had agreed in evidence ment. After the discovery it was that if he had made the discovery not a question of mere ellence. It nothing could have increased his was a question of saying some- suspicion more. It was rather sur-thing, making the mont mislead- prising therefore to find that his ing statement possible, a settle- deputy found nothing suspicious ment which for cleverness took a about it at all. Mr. Black had lot of beating. It was a

atate- said that he would have assumed ment not exciting attention but the alteration had been made in ong which would be valuable later the Treasury and would have re- if his actions should come up for ported it. He also said that any inquiry.

it.

No Check Anywhere.

responsible Hubordinate should Why, naked counsel, if the have reported it if he had observed covers were found to be altered at the times nileged, was it that the conduct of Tsang and Cheung afterwards was wholly Inconsis- tent with it? There were five oc- caalons on which Teang could have spoken and he did not speak. If the jury could square his silence on those decadians' with anything else but that he was not telling the truth with regard to the books then be, counsel, had nothing more to say..

In December, 1927, absolutely everything was left to Tsang and Cheung. They were not checked at any possible point. No one did anything compatible with any kind of care. Counsel put it to the jury that it would be a fair finding that if Mr. Messer and or Mr. Black had exercised a reasonable degree of care this matter would not have happened.

Said Nothing.

Mr. Black was sitting in the of- fice as a matter of custom. He was When he spoke to Mr. Messer almost cheek by jowl with Tsang on December 22 the cheque book and Cheung. He was a senior man. was lying about but he did not It might be that he took the system show it to Mr. Messer. On Jan- as he found it, taking a line that unry 18 the first time he could it was not his plögin.

have spoken was when, early in the afternoon, Cheung came back

Mr. Messer passed around the of

fice from time to time. He went from the bank and said the che-

ao far na to say that he sometimes ques were in Tsang's writing.. noticed the cheque book lying on Tien Mr. Messer or someone the desk at tiffin timo. Counsel put

instituted a kind of inquiry and

it to the jury that it was not com- the stub of the cheque book was patible with reasonable care in brought in. Thang had all the matters of this moment to absolute material for an explanation with ly turn over to a subordinate clerk him and yet ho said nothing. An- the entire custody and manage other occasion on which he could ment of the cheque books and never have spoken that day was when check them; never exercise the

slightest check upon them. Sure Mr. Black himself had to make ly there must be some degree of the discovery that thirty cheques control exercised over a sub-were also missing from another ordinate, even if not by the most book. Tsang said nothing about senior man by someone responsible it.

under him. Mr. Jenkin also asked When Mr. Black came back whether it was a fair best of from the bank and made the reasonable care to look at what the astounding pronouncement that

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