1949-04-26 — Page 3

+

"

COWIE CLAIMS HE

WAS

FRAMED

Suggestions that the whole matter involving brib- ery was concocted by the men of the Anti- Correption Branch, by whom, it is allogod, the plaintiff had been framed, were made of the hearing of ä claim for damages for wrong- ful dismissal before Sir Leslie Gibson, Chief Justico, at the Supreme Court yesterday. Plaintiff, William Henry Cowie, ex-Sub-Inspector of Hong Kong Police, was dismissed from his post as Traffic Inspector or August 25, 1947, on the recommendation of a Departmental Boord of Enquiry following allegations of Cowie having received a $50 bribe from one Chan Yu-tong.

Cowin was yesterday thus It also stated that alleruntively suing the Attorney General for defendant objected that the agree The sum totalling HK$7,516.13, went alleged could not be made by virtue of the wrongful dis- behalf of his Majesty and that missd without notice and in brench of contract, The claimed agreement was b. being heard before a Special Jury

w true construction of th an

an engage-

meal of the

the jabelsfiff at bis Males- ly's pleasure. The plaintiff curity, I declared, sondret calelated to bring the the public and was service into dispute

Mi BA Bernacchi instructed by M. YH Chun is representing The Attorney-Gen- en being: represented by Mr. Andole #rown Counsel) irregularity in the proceedings be-

stracted by Mr. L.R.

"

!

Andrewes

The Special Fury is composed

Remeeh

'fre

Jor

t wrongfully displayed. There were no defects in the charge or

the Bert o'

Direction Sought

pi

дево

The

No Precautionary Measures Yet

Governorment is apparently confident that the viatorjes pf the Chinesa ¡Communist armies will not result ễn là general пяцк of refugees Into the Colony, sa „no pro cautionary measures are con. templated.

Questioned yesterday, Government spokesman said that'

no precautionare-tioing taken to cope with any possible infink of refugees from the interior of China.

dia The spokesman,ajaċ counted rumours that 、nya-

of entry tem of restricting persons of Chinese race into the Colony le contemplated,

spector

cipated would be given by in-

ામત Johnston

which would necessitate Cowie giving a He then certain demonstration, intended, he subt, to describe the result out of which Cowie was dismissed, as a care- fully planned trap.

malters u

officiul minutes Honed GL En-

At this stage, Mr. Lonsdale de- he would Jike tu out beme aware of the decision clared that

folation of a eraire else with

M1 FJ Hormon-Fisher, wh

At the first in Lyesirrday, Me Chon Sin- fromab,

He would then go on to cover f.r 15mmaerts Kermth Chute, Mr. 1. THE Mr

Pratt, Me Court to be dice te U to whether the narcin! side and would piso Mol. Mr 7 J

not he was entitle) in general mention certain RF De and Mr. S.S

damages. He h, he sun, pre-produced at the

mlsinter-quiry, he said. oreti bis ease states

лі ftement of Chains that the plaintiff was employed of the amp form December 21. Ko 1945. until August 25, 1947. under contraal dated December 21, 1945, in erroldare with the pro- visions of the Potter Force O- dieme No. 32 of 1932 ! Regu- :- rond. Dretarder: that af the material dates, plaintiff was employed as Tra, Inspector

}

On June 5, 1947

Ikun

This was

<sajtrked

Mr. Londale, who referad

He had

pf

Be

THE CHINA MAIL, TUESDAY, APRIL 28, 1949.

Troupe From Manila CPA. Plane On

At King's Theatre

Hong Kong.con prepare for something now in the

way of entertainment this wook. The Chin- ose-Filipino Troupe of 1949, whose perform- ance at the King's Theatre this evening pro- miso their audiences a song, dance and novelty show such as they have not seen in a long time.

Personalia

The dancers are bringing with them from Manila some. thing distinctly Latin-the

"Apalachicola".

"That" explained Mr. Maric

of Orient Enterprise. Vasquez which is bringing the troupe to Hong Kong, "is a dance. It's an erizing dance-u combination of the garachas and the samba."

D.dance's intricatles.

the

Survey Flight

The Canadian Pacific Air- lines yesterday brought in a "Canadair" plune on a survey flight from Vancouver, by way of Tokyo and Shanghai.

OPAL expect to fly their Brat re- cular commercial plate into Hong Kong

August 1. The around plane will come by way of Van-

and couver

Tokyo. ("China Mall" photo).

Wilson To Help Evacuation

The as. President Wilson left Hong Kong on Sunday night. after a nine-hour, delay, with emergency equipment and food to evacuate as many American beleaguered Shanyhai as possible.

in

make his I The judges in mother at se e-make pinition clear,

the Departures from the Peninsula instructions fer the fibuse of Loro from Gought the

Hotel during the week-end in Colonial Secretary, he said, on which it appeared that i was not correct to ask for general damage notice to produce those minutes cluded Mrs. D.1. Tiple, Mrs. R. Captain and Mrs. E. fen less of character and reputa-being River to him as to whether Cons,.

be should allow theirs to be wed Braud, General and Mrs. Chen- or whether they should be de-nault, Mrs. I. Eberle, Mr. and Mrs. upon by jur

Messrs.

Once Hung Kong has seen the nationals J.J. The F.W. Kendall, the elded by the Court that

Brennan, Ed. Souder, E.S. Wong, "Apalachicola," recording to Mr. Court to other authorities. Com Crown claimed privilege.

Diss. C.A.

J.M. Williams. Vasquez. Hong Kong will be nat

A cable from the APL Son submitted.

Mr. Bernacchi stated thai couhi

rest til: * has mastered the Francisco Head vensation, he

G. Lemenoff,

Once reached not be asked for loss of employ- would go to the anus

of proof Paunzen,

C.H Baker. Mrs.

the Colony on Sunday morning ment or character. Plaintiff vs and to the question of what his Young.

Flivens, Mr. and Mrs. J.M. Mr. Vasquez was reported to about one and a half hours be- were. That W4.3

bro Messrs. M. Menache,

no mean danoor of th June to entitled to any damages in damages

fore the flagship of the APL was It fut they

he

"Apalachicola" himself, further question which was open at the Shurdut,

but due to leave, with instructions to WIN rested clairn in fuet, 1917, plant, 11

declined to the Statement of moment because of his infenced L.A. Lewis, K.S. Llu, S. Godkin.

dampa procure modestly C.I. Young, R. Yup. E. Sirant,

necessary material for ute) cummoned on June 6, 1947, submitted, as

He would

sirate for the Pros T.C. Kuo, P..

about 100 extra persons. Flain was one in case sily and amendment, he sati.

R. Leuterio, ma charge of accepting; a $50

danaxes, then explain the actual charge

Ten members of the troupe ar- The Hong Kong alfice reported bee from Chan Yu-tour. This did not specify any

Justice The Chief

rived here on which Cowie had been dis- Gorman, and C.II. Lee.

yesterday by Tran-Asiatic yesterday that there were heavy Hadrown at the

also the evidence

Airlines plane from Manila, where cancellations on Sunday morning July 1947 On marken that the way in which missed and

which he propused to call,

been performing at when the Chinese passengers held by pleadings were drafted"

Among the new-week-end ar- they have Auge: 1 punt wh

of u

The Opera House. The others are heard Counsel also mentioned horrifying.

situation about the Conny

up rather

rivals at the Peninsula Hotel were Heart of Enquiry tarted an offence of he was not prepared to go into conviction of torbury againstr. and Mrs. S. Villeneuve, Mr. expected to arrive, this morning. North,

Kowloon sojne

Among those who arrived yes- Mrs. B.T. Reyes. Mr. and

The delay of the President Wil- and Pindhet aanted to bring the Mr. Bernneek's application at the Sub-Inspector in

Cowie's without Jirst haring weeks befort

alleged Mrs. Buchmeier, Mrs, C.C. Vines, terty was publle service into disrepute by moment

bribery, the authorities,

the Whangpoo River which can he cceptance Luceiving $50 white on duly from cansklered

that he intended to decinted.

suggest to Bernacchi then

water. that he would

formally notice of his intention to an amendement to his plead, Inga.

proceeded

A

a person with whom he had eume anto contact in the enurse of his

inspect duly equiring him to vehicles by see if they were un n readworthy indition.

The

Statement claims that not been guilty of plastif! had Fonduct calculated to bring the public fervice into disrepute.

bee

1

Mr.

MT.

in

re-

and muid Mrs. A. Villanco, Mr. and Mrs. as "The Strong Pong-fu, bled | sản was also due to the tide in! stated the jury that it was unlikely that S.A. Judah, Dr. and Mrs. Mohr, amiting gentleman who is reputed | only accomodate the ilper at high |

give

make

Bernacchi open up his case, during which he was stopped by the Court, an

of the two

charges.

The

FOR

in view of the very recent run-

viction of the Sub-inspector for would find Cowie bribery, one so openly accepting «, bribe.

Turning from the subject, Mr

Bernuch stated that as a result of certain statements made at

he

Coun.

Mrs.

A.M. Pedersen, Mrs. D. Sibley, Mrs. E. Hart, Messrs. R. D. Rands, R.E. Voegell, J. Satin, R.N. Mellor, C. Goldberg, H.C. Tang, J. Roux, Hobs Vogt, 5.5. Lamb and Miss D., Wang.

*

The forthcoming wedding of Mr. Robert Maria Chaves, store

10.10 p.m.

Man of China", A

The APL ship left at to be capable of tearing big city directocles in two, betiding matsil

It was also reported that there bars and lifting great weights.

evacuate APL Wong Pong-fu and his fellow are no plans to troupers will perform four times personnel

day at 2.30 p.m., 5.15 p.m., 7.20metropolis. p.m. and F.30 p.m.

Batavia, Itangoon, Calcutta, Grance and Rome, expects to be back in New York by May 28.

from

WIRELESS SETS

Facilities for the purchase, of wireless receiving licences will

to be extended

the following Post Ofces beginning on May 1:— Kowloon Central Post Office, Un Long, Taipo, Shansbuipo. Yaumati and Wanchai... -

the Chinese

The President Wilson can spr and 15mally accommodate 555 passengers A 12-piece orchestra the Board of 'Enquiry, he had It further Palms that a number he made references to the pro- aulicipated

Among the passengers who left lamourous girls are other crowd- and 385 crew. evidence for the for Brisbane by the sa. Stentor on attmeling items on the bill.

Meanwhile, local schedules will The reedings of the police court in defence would be in occurred 4sf irregularities

given by

After lang Kung the troupe remain unaltered until further evedies Lott the Bourdi,

Sunday were Mr. C.A. Hender- June, 1947. and

Counsel was told

certain Inspector Johnston.

expect to visit Bangkok, Singa- nolice. last planill were wrongfully dis-that those proceedings were not was

was thus his case, he declared, son, Mr. C.II. Moore, Mrs. V.

Mr. Grinberga,

V. Grinbergs. the Governor

relevant to the matters before

The management of the King's that Johnston would give evid-Major C. W. L. Way, Mr. Frank Pre and Joya. August 25, 1947. The Board of the jury and that they had best ene concerning where certain long Fatt, Mr. F.A. Simpson, Theatre entertained the yester Enquiry were to assist the Govt be mentioned.

money came from,

Mr. F.R. Moir. Mrs. N.K. Byrne | day's arrivals and the Press at to riks. pur in dreiding: whether

Board Of Enquiry sel submitted, was incorrect qud and Mr. and Mrs. "H, Vunder-dinner last night at the King's relieve 1 mks or not, but

or else a very unstegen.

Itestaurant. Counsel then went on to state is either a defendant from proving the mis-

the

that, at the end of 1947, a Beard fortunate misrecollectiva un In- trial comitiet erteri a

consisting Spector Johnston's Part The rule that Gavernment ser- of Enquiry was held

Mr. officers for the

Bernachi evidence, vants could be dismissert at will of three police

virtue of any special purpose of inquiriu into certain continued, would be to the effect clerk, dordine, Aircraft Manufac wal by

everything in Inspector turing Company, and Miss Nuter- prerogative of the Crawn. bui charges against Cowie.

Cowie that were the terms of was not called open to reply to owie's pocket came out of che cia Maria de Rosa, stenographer,

when breast pocket

Was Lane Crawford Limited, has been engagement.

requested 20 be announced. The Student of Cum lastly maining charge, he

continued.ventually ririms.

th

was not a term was that on which the Governor arched, and was pulled out by

the present plaintifi dismissed thare Where

misconduc! manifestly intended for the pro- for the alleged

Money In Pockets In the course of his further teethom and beneẞt of the ofteer.)

ess to jury, Mr. attress to

Bernacchi According to Cowie's evidence, was interrupted by Mr. Lonsdale, Counsel went on, the money, on who objected to certain matters hopes was spread out in many being brought up by Counsel pockets. Inspector Johnston's e- which were not relevant.

collection will be demonstrated, he said, by Cowie as very hard in In the absence of the jury. believe Counsel deplored the

belief that plaint Mr. belief

plaintiff

was living above

his salary possibly with W money coming from an improper Source. Certain bills were found his promises, according to the defence Counsel, "You will find that in the first place, plaint bad transferred to his banic' in long Kong some money from his London banks.

ProviSUDS were

Damager Asked

The plainall had suffered dam-

one

who were then told o leave the

the for

purpose, that he

nged by virhe of the wrongful dismissal without notice and in breach of the contract, which is

(1) the

of Summ ཕ5foltrotes;

of consistiu: $7,516.1.

Court numthe salary at $652.13. valide

Bernacchl stated England of two free passages to £324 at 310 a £. $5,84 gratuity, proposing to address the Jury on seven completed period of three the conduct of a particular Mr. Shaftain before the Board of En- months. 105 at $16 a £, $1,080: (2)

neuert!

dinage in

1 character Buiry which he would which the sald displayed animosity. and reputation dismissal involved.

The Statement of Defence state that the defendant wbmitted that plaintiff's claim was bud in sub-

lence

In low be the

"HICH

suggest

The principal witness for the defence, Chan Yu-long, was the man who was carrying out Mr. Shafiein's Instructions.

Asked by the Chief Justice as to what that had to do with Ir. he claimed he led been

been Shaftsin's attitude, Counsel de-

that the greement by phot

Wherely dismissed could nutelared that, insofar as it involved

lawfully be made up on behalf of the relationship between him and

Chan. his Majesty. The Defence further

states that the Statement of Claim

www.

uid not disclose any agreement

...

#

40

20

+

Planted By Chan

Mr. Bernacchi further declared

Between His Majesty and anyone that it was their case that this ruly authorised on his behalf and the plaintiff, to any sum, gratuity money was, planted on Cowle by

or any clalm of the plaintiff Chan because he was otherwise than on his Majesty's Shattain that Bourty.

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The real issue, „Mr. Bernacchi stated, was whether Cowie was guilty of misconduct, and if h was, did his misconduct warrant his dismissaË.

The paus of proving to you) that the plaintiff was guilty, of inisconduct rests on the defense." Counsel declared.

There was a carefully, plenaed added. trap.in in his sylumission, (hif

"You are faced with a decision promised as to whether to accept Cowic's

a number of evidence or the drivers that he traff sumunonses against him deliberately offered the money, a would be withdrawn.

a bribe and it was deliberately slo, therefore, in my sub. taken." Mr. Bernacchi declared. misionignificant," Counset He added that it was his sub- commented. "The type of at- mission that the weight of evid- titude adopted by Shaftain to enco indiented that he

did not warde Gpwle at the time of the pass the vehicle in question. Beard of Enquiry, and in Cowie On Witness Stand particular to the officer who was representing Cowie", Mr. Bernacchi further said that he intended to go on to deal with certain evidence which he anti-

After further submissions, the plaint, William · Henry Cowle, took the witness stand

(Continued, on Lape 11)

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Mr. Max Ways, Foreign Editor for "Time" magazzine, arrived yes terday by Pan American plane from Shangha

Mr. G. F. Tyrrell, British Coneul General at Canton arrived yoaler- day by Hong Kong Airways plane from Canton for talks with Mr. Cominis- Alexander MacDonald, sioner General for Southeast Asia. He expected to return to Canton

Mr. Ways, who is enroute round the world by way of Bangkok, in a day or two.

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