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The
THE MAGISTRATE.
case against Kwok Chun-
TUESDAY: OCTOBER 21, 1930.
SHANSI NOW IN A
SAD PLIGHT.
ECONOMIC SITUATION GETTING WORSE.
Peking, Oct. 20.. sing, charged with uttering... a A message from Taiyuanfu forged youcher for $520, was again states that Marshal Feng Yu- before Mr. Lindsell, at the Central balang arrived there on October Magistracy, yesterday afternoon. 14 and left almost immediately The plea submitted by Mr. F. X. with Mr. Wang Ching-wei, in
·D'Almada, Sur., for the defence, order to meet Marshal Yon Hsi- that the prosecution was debarred shan. All returned to Taiyuanfu from taking the present proceedings on the evening of October 15. from having on a previous occasion brought a charge similar to forgery, was rejected by the magistrate.
Mr. Lindsell in giving his decision on a legal argument at the last hearing by Mr. D'Almada said: I hold that the prosecution is not de- barred by Section 17 (2) of the Forgery Ordinance (No. 18 of 1922) from bringing the present charge against the defendant.
"That Section is clearly based on Section 19 of the Forgery Act of 1913. Neither the Act nor the Ordinance was intended to be a complete code including the whole law relating to forgery, and neither repealed, in full, earlier enact- ments on the same subject.
It is reported at Taiyuanfu that General Shih Yu-ann has disarm- ed a number of the Shansi troops hence the southern border of the is unguarded. The province Shansi forces are returning from Shichinchuang towards the South, and all the motor buses in South Shansi have been commandeered for the transport of troops..
in
The economic situation Shansi is continually growing worse. The provincial banknotes are practically worthless, and the post office, railway and telegraph offices all demand payment in silver.
The farmers are holding up grain as they will not sell it for Shansi notes. The result is that prices are soaring, despite the best harvest for many years, and there is a serious undercurrent of discontent---Reuter.
Still Fighting.
Shanghai, Oct. 20. Fighting is still reported to be taking place in the vicinity of Tungkwan, betavcen the Govern- ment troops under Yang cheng and Ruominchun forces.
"In this case: I am satisfied that the Sub-Section under review is no more than a "saving" one; indeed, that it is definitely labelled as such, 1.c., it merely reserves to the Crown the right, where the of fence amounts to forgery which-is- punishable under some other en- actment as well as under the above Act or Ordinance, has been com mitted, to take proceedings under either statute or even under both in the alternative at its discretion. "The Sub-Section is not intended
A Nanking message makes an to help the accused by forcing the official announcement that Chang prosecution to elect, but rather to Haueh-Liang has wired to Chiang make things easier for the prosecu- Kai-shek that he is sending addi- tion. Hence, I am of the opinion tional Manchurian troops within that Mr. D'Almada's argument is
the Great Wall so as to assist in beside the point. It amounts to the maintenance of peace and or- little more than this; on the word-der in Chihli.
Ft-
ing the prosecution is compelled to The surrender of Sun Lien- elect, and having elected, it pro chung, an important Kuominchun ceeds on a charge akin to Forgery commander, and his troops, has been under the Larceny Ordinance, it cannot now lake new proceedings accepted by Nanking-Reuter. mder the Forgery Ordinance. This is an attempt to drag in a plea of autrefois acquit in disguise, and cannot be sustained. It re mains for the Court to proceed with the case on its merits."
Plea of "Not Guilty."
Mr. F. X. D'Almada: I plead not guilty now. My client desires to be committed, to go before a jury, Opening his case for the.com plainant, Siow Choon-leng. Mr. M. K. Lo said: The defendant is charged with uttering a forged document, namely, a voucher pur- ported to be signed by one T. K. Leung. Before I go into the actual evidence of the forgery or uttering, I would like, in opening, just to montion certain facts which, I sub- mit, are facts which go in one way to constitute corroborative evidence:
had to sign an alaborate agreement of service, with photos attached. Defendant acknowledged these in- structions and said he would carry them out. That was. in October 1928. This year, in February, be- fore his arrival, complainant in- structed the defendant that, there- after, he was to pay nobody, of to incur any expenditure, without special sanction of the person who was then on his way down to Hong- kong to supervise the business, namely, Mr. Sedick. In fact, that leiter was given by Mr. Sedick to there Was &n defendant, and acknowledgment of the receipt of instructions which defendant gaye to Mr. Sedick.
A Mythical Person.
person.
of the forgery and uttering and I will draw your Worship's at- also, in another sense, are circum-tention to this curious fact, that the stantial evidence of the offence it-defendant was supposed to have self.
paid in April a lump sum represent- Defendant was at one time em-ing eight months' salary to a per- ployed as an assistant. After-son supposed to be employed as a wards he was promoted to the posi- canvasser. That is a fact which tion of Manager. The complainant has never occurred in the history is the proprietor of the whole of the of the business of this organization.. business of the Health Service In-No-one has ever heard of it. It telligence Bureau, which has has never been suggested that it branches in various places. For was done before. This payment. was made after Mr. Sedick's arrival the success of the venture it is absolutely imperative that what in Hongkong without Mr. Sedick's might be called departmental rules knowledge, consent or concurrence. and regulations be carried out. In Complainant will tell your Worship other words, he has very strict that he has never heard of a per- written instructions to the heads son named T. K. Leung as a of the various branches as to how canvasser or any other people are to be engaged and as People in complainant's firm have never heard of this person or spoken to office routine generally.
In October, 1929, whilst defendant to him. This person, I submit, is was thus Manager of the. Hong- an entirely mythical person. There is no T. K. Leung at all. I would kong Branch, he
д wrote letter to the complainant in also have been entitled to ask your worship to find on that, circum- Shanghai for a loan of $450.stantial evidence that there is no Eventually, the complainant re- plied, refusing to give that loan.such person as T. K. Leung, and, In the meantime, on December 3rd, consequently, that any voucher bearing this, supposed signature defendant, apparently owing to must be necessarily forged. force of circumstances, paid him- self the $450 and wrote to com- plainant that he was very sorry to hear he would not allow him to have is not concerned, as a result of en- the loan, but that he could not help himself. He had to have the money, but he hoped to pay it back by instalments, or something of that at the Canadian Railways and who
sort.
Since the start of previous pro- ceedings with which your worship
he was able to find a man called quiries conducted by complainant, Chan Ming-fat, who was employed
was a friend of the defendant. He will tell your Worship that some The complainant came to the time in April, he had a conversation Colony on May 17 of this year. He with the defendant, in the course then proceeded to check the various of which the defendant told him a books and found that, on April 2,story of this very curious fact, there were two rather curious en that he had ordered some of the of- tries in the ledger. On the credit fice finiture on behalf of the com- side there was an entry of "Rebut for which he had paid $20 ceived from Mr. Kwok, $400." Deo his own pocket. fendant is supposed thus to have Aucher which defendant said repaid the business $400. On the attested to that purchase had been same date there was another entry misinid, that in view of his new
ot "Salary to canvasser, $520 and changed relationship with the On the facts, I shall invite your complainant, he (the defendant). Worship to draw the inference that said he did not see why the office on April 9, there was no money at should not have paid for this furni all passed for either item; that tureHe asked. Mr. Chan to sign there was no such payment of $400 this slip as a voucher for the furni- by Mr. Kwok or payment of $520 ture: This witness will tell your
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with the name of T. K. Leung, was It would be treated as a discharge
Telephone 28028.
Shanghai, Oct. 20
to a canvasser; and that the whole Worship that he did sign the thing is a book entry, the result of printed form of the document with which was to enable the defendants the name of T. K. Leung. to have an extra $120.
He volunteered to type the parti- the document upon which the for an amount for which he ulti-Mr. T. V. Soong is leaving to The complainant will tell yours on it, bat defendant said it present proceedings were brought mately would have to account to the morrow, October 21, for Canton by that, as late as October 1928, was not necessary.
It was a document uttered by de- complainant.
the s.8. Empress of France, on a written instructions were given to Finally, Mr. Lo said the docu-fendant in a sense that it would be After Chan Ming-tat had given short visit of inspection, and will the defendant as to how, to engage people. Every member of the staff ment, signed by Chan Ming-tat, used by him as a voucher for the corroborative evidence the case return north before the end of the
justification of the sum of $520.) was adjourned until Monday, month Reuter.
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