THE CHINA MAIL, TUESDAY, AUGUST 1, 1950,

MARCUS DA SILVA TAKES THE WITNESS BOX

Testifies on interviews with Cowie

Marcus A. da Silva told the Court and jury yesterday, how, in the course of his first interview with William Henry Cowie on the question of giving evidence, he got the impression from Mr. Cowic's conversation that he was merely “shilly-shallying for a lucrative feo",

Mr. Silva, local solicitor charged with conspiracy to procure false evidence, put forward the case that he was led to believe that Mr. Cowie, driving school instructor, had in fact taught Cheung Dik-chan, Chinese film actress, how to drive.

Reminders

Today

Urban Council meeting, GPQ

Bldg., 13 p.m. `

HK Rotary Club lunch, Roof suneli, air conditioned of the girl and had obtained this į "He told me about the ear be-, Cheung was A wealthy an Garden HK Hotel, 12.30 p.hi. Chind Justice's courtroom was information from Sub-Inspector ing banged up against the wall known to Harris-both Harria Europeón YMCA, bridge drive, B Yesterday packed with spectators, Chen of the Kowloon Traffic of St. Theresa's Church, and about and the man in the car being

p.m. O nwgh so that a police con- Department.

secing a man and a bicycle on connected with football, and fur-Cheero Services Club, whist delyo, atab had to be posted' outside

side of the road ther that the man had sponsored

7.30 p.m. " then asked him whether that the left hand the door to limit the number of part of the road where the ac-near the grass island. He then many football teams before.

NAAFI

Club, Table Tennis eldent occurred was a part al- took

up a piece of paper, on

Tournament, D p.m.

did not know, I looked up my | dlagçam of the neekdent. copy of the traffle regulations to try, and find this, but it was not up to date, and I could not and

Goranis.

Jointly standing trial with flowed to learners. He replied he which he drew quite an accurate

Blus-kwal Tam,

film director, Mr. Silva is delanted by hir. 1. G. Sheldon, 16C. Mr. Les Almindo, KC, and Mr. D. d. L. Wright, instructed by Sir Minn VALO.

katn

Second accused In rt- sented by Mr. John McNelll, KC, and Mr. S. V. Gitting on the instructions of Mr. C. V. Kwan.

The prosecutor

Mr. A. Hoo-

ton, Cren Counsel. He is unList-

ed by Mr. L. R Solleitor-General.

Andrewer,

The ease is being tried before Dir. E. 1. Williams, Acting Chief Justlee, and a jury of five men and two women.

one-man firm.

pric-

By the time the Parlic War Jurake out, he had built

sireable

business.

A bad case? Continuing, accused and he then mada notes on this subject. At this stage, Mr. Choy looked at hims

And said: quizzically "Looks like bad case. doesn't 7 The latter added howaver that the girl was 'fully trained to drive, but had not gone. för police test through sher Inziness.

શ્

"Will then

the

of the Traffle Deportment,

*

No direct roply

"Shilly-shallylag"

Mr. Bliv told the Court at this point that he got the im pression from Mr. Cówie's story that he wan "meraly shilly. shallying for a lucrative fes." Accused remarked that he know it was alright to pay witnesses for truthful syidence. and mentioned certain Eng. lish case. He said he knew Mr. Dowle would have to be paid a fan in this connection.

Nine Dragona Services Club,

whlat

Whist driye feash prizes)

p.th.

Coming ovants

TOMORROW.

for a few questions about the cclient in an attempt to recon- struct it, but like, the get ho could remember "nothing, on the paint of the collizion" with the

A

+

No eye-witnesses

"Tani naked me whether the ante could be tought out in the palloo court and I fold him there wap certain amount of possibility because the two participants could not reconstruct the accl- dent and there were ng 'ove. witnesses. Tam then said 'Oh, well, they in former Bhang hal police officer of experience he has been investigating this mattor on behalf of "the girl and he will help you?

Where were you when this disclission was held," naked Mr. d'Altandi.

"Tam and I wore in a back room. Choy was also lacre The other people werą outakie,” xe-

Toe H meeting. 50, Macdonnell plled Mr. Silva.

Rogd, 9.30. p.m.

So there was no question of Women's Section, European Choy haying a wire recorder

YMCA, Whilst merulig, 10 then."--No.

Following some further genera1 NAAFI club, Services Spotlight, conversation, sald Mr. Silva, ha pan: Darts Tournament, left the party as he was not feel- 8 p.m

flag well. Union Jack Club, whist drive,

7.45 pm

Nine

D.m.

D.in.

THURSDAY

Union Jack Club, tombola, 720

"And, on Monday. May 22, did

then said I understood that about

year before he had taught the girl Involved In the accident,

and was In a position to give evidenco as to her competensy He did not reply directly, but said all pupils, after going through his school, ware 100 per cent pro- Accused denied that the ice in fielent, and that he gave them tended to be paid was for inlay the most thorough of instruc evidence by Mr Cowls. The fee tions and teste.

offered was n'ridiculously low fee

Fie was all unwell on May 18 "He stated that until the new to be offered for perjury. I fol-

nnil 19, on Both of which days hẹy come over to lowed from this, he added, that if trale officer had "He mentioned that a year be- Kowloon, he had had a record of Mr, Cowie wanted a high fee for Upon entering the witness imx.

Club, stayed at home. He adjourned all Dragons Services Min Silva teiled that he is 43fore, she had received Instructions 95 per cent of his pupils passing it and did not get it, he could dancing class, 6 pan: boxing,la casts for those two days,

from some Chinese and a Euro-at their first police test,

On Saturday he was still - years old and has been

Ju-Jitsu training, 7'pan. asked

bave gone to Court and testifiest use here for the leat 20 years can called Cowie, I asked him him whether he could remember that he taught the girl to drive,

wall but he returned to le office, arriving at about except during the Japanese de- whether was the same. Cowie

o'clock, when he was fined a cupation. For the last 17 years who had been in the police bo when and for how long he had but that he did not find her pro- he has been on his own as a fore. He repiled in the afflima- taught the girl. I mentioned she ficient. "It is like bringing a horse

was a Chinese movie actress by to water and trying to make him Kowloon Rotary Club luncheon,chit by his clerk, Mr. Noronha tive and said Cowle was now u

The chit Peninsula Hotel, 12.30 p.m.

Was a message from Bir. drink." professional driving instructor in the name of Cheung Dik-chan.

Y'a Men's Club luncheon-moeting, Cowle asking Mr. Silva, to tele- "He then said a Chinese gentle- Mr. Silva eaid he also got the

Roof Garden, HK Hotel, phone him. up a Kowloon

I did not know man had seen him about the same impression that, because of Mr.

some through

be Japanese ecoupled the Colony, ho

Colony, he that Cowie was a driving instruc-me ferroduce time before too high cowle's financial troubles and HK Women's International Club, you nee Choy did. I had him stayed on until October

1943. to: in Kowloon." accused debut his dimeulty was that he had Dutch" with the Traffic Depuri-

Bathing Picnle, buses leave sent for by telephone, and I told when h

Free China clared at this stage. Went to

bim in my office that Gowie had at 6.30 p.m. and 7.39 pin. a considerable number of pupils ment, he wanted to be edipen- He returned to Hong Kong

Dingous Services Club, telephoned ou Saturday. I asked Mr. Silva went on to say that during the past year, and some sated before he went to Court. Nine on September 1, 1945, from Kim Mr. Choy told him the Chinese of these pupils were not included He asked Mr. Cowie if that was

games competition, 7 powie. He said yes, and I told hint whether he still wanted

ming. and polnert

hum: "Johnny Angel" 8.30 him in that case I would telephone ish teachers in question were afraid the Brilish

not the true position, adding that he Mary Administration as pro- to go to Court and give evidence in his diary and some were

Included in his books. He in would profer franknese in these seculos on behalf of the Crown for,

Cowie Inter. I tried to telephone defence because

sek matters. they did

Cowie the same day, but I could up from his diary.

Mr. Coyle replied that he could laborators.

the trial of trailors and col-not want to incur the dispicasure dicted he would have to check

bui "But he was afraid that, since not be blamed In the circum- A fuw months later, Mr. Silva hut Covie would be willing to Chinese movie actresses used one stances, but that otherwise, he asked him numa for one thing and another (Mr. Silva) could call one of the

"And that was the reason for time of his arrest, he had a very to get Cheung Dik-chan's solici name for something else, the Chinese teachers who hid taught

'your

that evening?"---- amount he was to be pald. one in his books. It then struck ask him to testify. Mr. Cowle

or the Monday following. I would Yes, I telephoned him to say T added in this connection that the Mr. Choy further told him that me that the diagram he had

touch with the girl was due to

In the drawn indicated that appear

must Chinese teacher, however, would 101 do no liecause that would in- wanted to get in. trame office on the 9th or 10th, have stopped at the scene of the have to deal with the thorough caus to Cowie that we placed Cowie and as his phone was not but that since the was stili tos accident. So I asked him as to with the technique of emergency

instructions he had given her.09

too high, a value un his services, in frder I instructed him, Ro

call early the nexà and his demand would them go medios. to Ill, he asked him to try and ad- having seen her

there, that he louer that appointment for a might be able to identify her as opinion of the girl's competency.

sky high. I suggested to Choy morning at Cowie's houro, I said stopping included, as well as an

that instead of telephoning to ently because I understood Cowie couple of days.

one of his former pupils.

to sen who went out early. He was to ask Accused said he told Mr. Cowie Cowie we should wait "His answer was that he saw that since his clients and referred ther ne would telephong to us Cowie to come over to my officet everybody being attended to, so sim to Mr. Cowie, he took it Falling this we could call one vf during the luncheon interval the

that they preferred him to

the ho Ginnese tutors. Choy agreed naxt day, May 23, to see me. Chinese teacher. He then asked

"And the question of costo he should find Cowie out he could "I suggested to him that the best Mr. Cowie whether it would be came up?"-Yes, I told Chay leave a chit behind with a més» thing was for him to come over alright for him to go to Court and thought my work including two suge

Did you have any other rea- accused to Hong Kong and Identify the testify for a fee of $500 to $1,000. or three days in the polled cours ellants, he would take his dinner, went on, he phoned up Mr. Har-girl. He pointed out that, as he Mr. Cowie answered that he and then attend to lls work is from the Magistracy's Reneral had already told me, it was very would think it would and that he again, often working until 10 office and arranged with hint for duncult for him, being engaged would let him know in n Low p.m. Occasionally, after taking

the postponement

Mias from morning until late at night,cays time. of in a late show, he would return

Mr. Silva asserted that he did to his business and finish it about Cheungs uppointment at Harris' to come over to Hong Kong."

"I then suggested that the best not know anything about the office for a couple of days.

thing he could do was to check "British School of Motorinig." He Phone to Cowie

up from his books and diaries did not hear any mention, up to Cowle and let me know whether he the time of his arrest, of such an "thon phoned up from the same general office would be willing to go to Court Institution or that it was run by

Cowle all the time. I told him I wanted as him and give evidence

Continuing, accused said. Mr. oncerning a traffic accident

feelings casp, in which I understood he Cowie then embarked on a long his relined air. Cowle what be story, in the course of which he police. I did not ask against the

Klarterl practice a. At the give evidence and had

NAAFI Club, whist drive, 7.30 pan; dancing class, 7.30p.m.

not

get through. I dinlled 90 and was told the telephone was

out

of order.

extensive practice, with 20 or so tor to contact him (Cow(e) on thepame i gave him might not be the diss Cheung how to drive and in for u reply at the week-end | Mr." Remedios to your clerk }

persons on hle maff. Being the only solicitor in his firm. he had always found himself under pres- sure of work at all times.

asked him who was in

10

Lunch at office First accused went on to say that he had to attend Courta in the morning every day. During the tiffin interval, he was pray charge of the Kowloon Truffle sant at his office attending to Department, and he told me: he did not stop, but had carried business. Almost always he Harris. So I bracketed the oh, had lunch there. After working again in theme Hurris in the corner and

underlined it as a reminder. afternoon and Interviewing more During

tvo or three o'clock in the mor- Tung.

This bas gone on throughout his practice here, first accused continued. However, he inade It a polut not to work on Saturday afternoons and ownings. On Sunt day, he returned to his office about 11a.m. or poon working

up to 2 or 3 p.m.. At night he would. →ture to his offien again,

lunchtime,

at

to

before the Sessions would come son, besides this, for asking for te about $3,900 and we would the adjournment?" Yes, I found have to put aside something to that May 24 and 25 were not gult pay for equisel's consultationis etc. able. I had some other caser for before the Sessions. So I said to those two days which were cah- bim that $4,000 should be paid. Lo celled afterwards. I found this ne on account of costs, and he cut and wrote to Mr. Wicks cri agreed.

Monday "Did you ask him for further payments? I did I told him that as he, Choy, was from Shonghat, he knew of the cour boop prevalent among Shangha

ár:

that Mr. the subject matter of the converted chase aime le

Chen's girl felend g Lonsdale". Mr. Cowic also men-sation as confidentni tloned that he knew Mr. Lonsdale In answer to Mr. d'Almada who present 'costing about $1,000. "bad no love" for Mr. Silva, but asked why a tentative offer of asked him whether he would be that in his opinion, Mr. Lonsdale $520 was made to Bir. Cowls to prepared to foot this. It he was hated him (Cowle).

secve as a witness, and that this no I was prepared to defray it sun was rather high, Mr. Süva myself. 'He said he was quite Cowie's businoss replied

evidence as a wit- giving Mr. Cowie, according to Mr. tion to M. Cowie in add willing to p

also be required Silva, then went on to explain

to know about it, and replied I made reference to -Immediately: "Do you mean the

Which occurred Me. Sliva stated that J. D. apoldent

Prince Edward Road near St Chen was a very wealthy person whom he knew after his return Theresa's Churcht from China after the war, and

in the affirmative "I replied for whom he had done some and asked him when he could conveyancing mattors before. come over and see me in my

May 7. On cused went on, Sumany.. Arst ac-office. He said jt'was difficult for }

roceived a phone him to do so, becaurom

because he was from Mr.

Chon to make appointment. Mr. Chen was given most days from

vall

an buy

the perlou, between 12.30 mid-

carly.

would

at length the manner in which consultant. He would have

he conducted his business, in the to be two or three days in the

se of which he

sald his police court and several days at Cours usual fee for driving course the Sessions. Apart from that

there

re would put $500. was about

between Mr. Cowle

until about 0.30 p.m. that suggested to me night to one o'clock. We arrived should see him in Kowloon for at Mr. Silyn's office at the allot-tifla the next time I had a casu ted time with two ethers, who in Kowloon. I told him I was were introduced as Mr. L. Chor ready in Kowloon that day, and beginning of the year, when Long-and and Mr. T. Y. Loc.

asked him if I could have timin dale returned from long leave,

al

HEI mentioned that from the cocowise so have to bd

Mr. Chen told blm Mr. Choy with him then. He said he couldi Hartis was sent over to the Kow pal spit on occasions kavo

the Lalking, while he took down notes.

an

for

hava

ad

much as $800 for an ex-

be a

Money for present'

"And on the morning of Thursday, May 11, did you see Choy die, r was leaving my office shortly after 10 o'clock when I met him outside in the corridor. He handed me $1.000 In cath, and told me it was for the present and he would get a chegue: later for the cost.

Mr. Siva said he put the $1,000

-

on hand-writing for half an in his pocket hic Inter that mor gagement on the case of one Mise would again be in Kolpon the lief that Lonsdalo had handled into one hour in court said ulos, Ph raturding to hits offers

witness. Cheung Dile-chan, Mr. Sliva as

axrangement: this. From that time, everything day and CX serted. He was further told that

"You thought therefore the fee Noronha, ha clerk came went wrong. Where before he

and

to him that some reported a fin at the had a record of passes, most áfjelekid would

reasonable and had - brought u

cheque for Mr. Choy was working on beball was made

enc?"--Yes. mited. of the girl.. Mr. Choy did most of Peninsula Hotel at one o'clock."

his" pupils were now

$4,000, for costs. Ho fold his At this

"You mentioned Just now con- clerk this was point; Mr. Siva denied.

"He then described to ma

ir order and Cowie's version of the making of

where the new sultations with counsel. Did you stricted him to muke out ́d re- the appointment

specific instance in that he had What: Mr. Choy said was that

traffe officer had the clock to tell

Instructions also from dpt to Chewin Dik-chan for the cast in question concerned an old Cowie he wanted to see bin

after a fost that although Chov?" "Yes, and I eventually accident. One Mr. Tore was drly on a professional matter."

the particular pupil of his was a retained counsel, yourself and Mr. on seebimt of coste

"And", ME Moronha, "ión «VERT A5: erguld He went fall him because,

girl at the the

Neudechl ing of Bulck with Mise Choung

good

instruction: put the 1976 $500 motes ves he was willing to

όπα along Prince Edward Roat in hospital,

giving wards Kóf Tak.“ Near Kal: withr Mr. Choy to see her on the the

the signals, the pupili, Instead of they changed places, and Miss everting of May 8. She was in a stretching out his hand, curved Chring took over the wheel private room, and there wore it in rather lazt fashion.

"He complained it was clear to Tlicy went back on the journer quite a lot of persons présent at along: Prince Edward Rond

the time. She was looking very him that he had no further chance 1. Her nosa

Pedestrian hit

Me. Silva sunt on to say both; of Her ankles

the two, were going around the

Werd

In

Slight acquaintance In an I. cnyclope," in which" "was. “Cowie han mentioned that you also a chit marked J. D. Chẹn, ind very alight acquaintance acquaintanca

with him"-You. Just a nodding my didn't you strid this

to Clica? It would have "fle mentioned giso that one been undiplomatie of me to do

Ther fates was swollened! broken, with this business in Hong Kong, Sccasion he met you in a house-) that. I was going to ter him gr and jone de and it was his intention to sell his your flat near the Fulz,* Yex but sic way I have to buy your girl bail-ears and his flat and fry to sell it was hot my house. It was Mr. Hend a prideht. Shult T guy files,

ency in Australia."

Russell's of Roy Farrell. Mr, toki

have a

'hd send me t

tratto oireis atithe scene of the Recident with a truck in tront, rold he

In your ADASIN wall she go? Mandarin Mr. Silve Court Siive at this point to tie office named i Tarang. It wou

thak: Mer Clipy told him that micting the to mean Crown Counsel, Mr. A. 11th that you gave him instruc- Devasion, eld" 125 SPOR

a bloycle- was seen on the left! within view

hand alde. The eyeilst sudden accident in

Ty awung-out; and Miss-Chaung Volve When

However, the sakt shd could advice as to how he could trans-from Mr. D. Cheil

of those present

Mish Cheung Cowlo's reference to """Lonsdale" on the day following the lets or sculp on May 20, But on neither she was id-Lonsdale, The latter was Crown tions in connection with this about this, $1,000, on May did not seer Counsel in various actions under-casa-Yes, to take any possible Tam and Chaywele, bespot trlog to evadel him and falled to answer the questions coherent taken by Mr. Cowie carly last witnesses that Choy might bring ind on May 2016 was shiher faid to do so, with the Buick careens ly, he asked Chay to draw a year against the government for aluigi Choy said he might be and Had not thought of the ing across the road Chit fough

able of wrongful dismissal.

to get eye-witnesses.

1 Baye ne key $1,000, Hor pedestrian, and then crashed on hold us further questish Accused went on to say that On Muy-10-about-lilin- moto tho-anfo the opposita pide onto the wall tag with the aid of the Alagrant, Mr. Cowie then asked him for you received telephone Call Your fried to interview Cheun

Chutoh

ho Dik-chan pn May 8, but after that Mr. Choy according to the net remember, and started to gift les a fat without getting into sald he had brought a case to me for male ho hurther Accused nido sald fit in hysterical, saying she was too trouble. When both of them sut and did not want any commleheko choy on beterat question had a learner's driving

down to tifin, Mr. Bliva said he slon but he thought I should set and his intorialite reply was licence which hail expired thick to reply to queries.

asked Me.. Cowle why he was silde: $1,000 ta' buy his girl friend | shiện via tờ M.; He pointed sui Seeing her April 1949, But thit Tam Wes :a.

her really .tully

unwilling to go to Court, Mr. a present. I agrood. condition,

fither all appeared to have only qualified Teenced - driver,"

Bilva said he thoCowie implied that that he know Mr. "But became her ball had been left the hospitstumo no

Later the same day you met falht Focollection a man called Blovin was in Choy again?" did, in my office, denfitand could not help The next thy at lunchtime a charge of Miss Cheung's care told him that Cowie wanted a Increased to: $10,000, he said in

I was und Pprchonsive that the charts all day at the Kowloon Coup), on asked frnt acordul Atam punod: lợp ảng that I had offorod; tanta- og

cured went on, he was oogaged Mr. Cowie, It is further

Lively $500 to $1,000. I suggested ["the" semu chat as that ge-U der what would happen to him if, to Choy that in the circumate Tunchtime, bf after his dinculties with the lenses would be better if Instead received Information that the Cowls be appointments traffic office, he should turn up as of cailing Cowie we * could* pelice had been about to get bold

again her might b

Vita then foldimu

one, pertimps: ON

munalaughteriou

the bad previoulk

of some eye-witnesses by goison having Hotel

am" advertisin

ged old try the store, and while treat

distressed

ya witness for the defence in the tens of the

* Mrr Cowló dien, said he would- * very "good" Idi: Mr. Suva know whether wigt find peop would be willing-but-LéoNY INN CAWAN desided he

He mentioned, also, that though he

(Continued on Page 4)

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