1950-07-25 — Page 3

THE CHINA MAIL, TUESDAY, JULY 25, 1080.

TRIAL DIRECTOR OPENS AT SESSIONS

OF SOLICITOR, FILM

The trial of Marcus A, da Silva, solicitor, and Shao kwai Tam, film dirac- tor of the Yung Hwa Motion Pictures, Industries, Ltd., Both, charged with conspiracy to procuro false evidence, started at the Criminal Sessions yesterday.,

Reminders The defence did not raise any objections to the playing of the wire record

Today

er alleged by the, Crown to contain snatches of conversation between Silva and a witness of the Crown, relating to the charge.

Mr. E. H. Williams, Acting IK Art Chi's Sumner Exhibi-Chief Justice, after hearing

tion, Belsh Couned Library, Gloucester Bldg.. man, to legul arguments from, both pan. formission free)

sider at the outset, decided Bride Drive, European YMCA, that a further charge of Incit

ing another to procure false evidence be heard at a separ- ate trial.

pm,

IK Llub Orchestra rehearsal, St. John's Cathedral hall, 4.45 p...

NAAFI Club, table- tennis

whist

Club,

The two accused are alleged to have conspired with others to procure William Henry Cowle to Live false evidence between May 12 and June 2, in connection with a manslaughter case then pendlog against Cheung Dik-chan, Chinese screen actress.

The

proaccutor is Mr. A. Hop lon, Crown Counsel. He is na sisted by Mr. R. Androwds, meeting, at Victoria Recrea-Crown Solleitor. Mr. Tom Carh- ton, Club, B.39 pan.

totirnament, 8 PM. Chero Services Club, drive, 7.30 pm, Miuc Dragons Services

wblat drive, 4 pm, Hong Kong Rotary Club luncheon, Roof Garden, IK Hotel; 13.30

pan.

HK Telerces Association, annual

BR Football Association Connell meeting, Priner's Oldg., 5,30

D

of

Photographic Spelety

HK monthly dinner, Cafe Wise- man, 7 pun; Cine how of American Travels by Ernest To

Coming events

TOMORROW

Dr.

Toc H meeting, 50, Murdonnell

Rond, 0.30 p.m. Swimming Gali,

YMCA, 7.30 pin, NAAFI Club, Duits Tournament,

.

European

Women's Section. European YMCA Mahjong, 10a.m. Union Jack Club, Whest Drive,

7.45 p.m.

Dragons Nuc

Service,

HK Art Chrib, Summer Eshibi-

tion, British Conn) library,

a.m. to m

THURSDAY

Kowloon Rotary Club

lunch,

!

The

at Gloucester Building, there was the wire-recorder. Cowie såld hel reference made by hue to the recognized the volce as that of name of Cowle, who was a drive Silva's. ing instructor with his address at 7 Beltran Hood.

Phone call

On May &, Mr. Hooton went an. Cowle received a:Phone call from a person identifying himself ra "Mr. Sijya, the solicitor. Cowle recognised his velce.. -aliva asked to meet him at the Peninsula Hotel for

to

Silva, then asked Cowle if he

Chinese

Foo of $2,000

At lunchtime the next day. Silva rang up again. Not much was snid this time, Silva asked; Gowle to ring him back at 4,30 the. same afternoon. Thin Cowle did, and he was told by Bilva that 32,000 should be right for hiu, Ter. Sliva. Ir

further mileged to hova askori Cowie "not to be too hard on hir_client.”

There was then some discus- slon about arranging a meeting at which Sava would bring. Cheung to see Cowie. This was fixed at 7.30 p.in. on May 28.

On May 26, the case was re- manded until June 2 at Kowloon Court.

On the 28th Silva did not, go to Cowle's place

B6 arranged, however,

་

business apprintment, and erranged the next day for it. Cowle and Silva accordingly met at the Peninsula Hotel at Inuch the next day. Sliva, there asked Cowle us to the latter's at han, Assistant Director of Crititude towards the pollee, mal Intelligence for Kowloon, which Cowie replied he WUD in the police officer in charge of prejudiced against them. the case. Silva

Is defended by Mr. H. G.knew anything about, the traffic Sheldon, K. Mr. Leo d'almado, accident Involving a KC, and Mr. D. A. L. Wright, woman and a Dairy Farm cyclist instructed

Sir. Man-kam Lo, at the function of Prince Edward

Mr. Hooton went on to say second secured is repre-Rond und Waterloo Road.

that on May 30, Silva Ingruelest ented by Mr. John McNeill, KC. Cowle replied that he did know Remedios, his articled clerk, to: and Mr. S. V. Gittins, on instruc-about it. Silva disclosed that he draft a statement to the effect, tions of Mr. C. Y. Kwall.

was representing the woman that Cowle had taught the defen- concerned, and, according 10 dant to drive for an unsvecified Cowle, asserted: "What I un ocried, that he had given hey the going to say you

will trent as usual test and that he found her

driver. confidential, whether you say Yea to be a competent or Nay to my suggestion".

Cowie then received a phone This was agreed to by Cowie, call from sonicone making an Mr. Hooton continued. Sliva then said that what he wanted Cowie to do was to say that he had taught the woman to drive, that he had given her special

Upon both accused entering a olea of not guilty yesterday, a stry of live men and two woman was empanelled.

At the outset of hearing. Mr. | Sheldon on behalf of Silva mado an application for the present trial to proceed in respect of only one of the charges in the indicument.

was

Hong

com- Kong

opointment for May 31 towards the evening. That day, the poller came along, and, preparing the wire-recording equipment in a hiding-place, lept themselves also out of sight.

About 7.30, p.m. a complet ranger. to everybody came to the house. Re was the second uccused. Tam, and he was wear- fng dark glasses and shoris. Tam was taken by Cowie to the wait- Their conversation

Counsel pointed out that in Club. the present case there is an al- Screening of eartita pati.legation of a substantive effence instructions on emergency stop

in the first Indictment, while Inpings, and that she the second. an allegation of con-pelent to pass the

driving, test. spiracy is made,

Quoting

an authority in support, A lot of weight Mr. Sheldon submitted that where there is a substantive crime al-

Sity, it is, alleged, Baked ing teged, it is improper to allege an Cowle how much that, would record well in count of conspiracy. Ho asked the Court if it would not

cost Cowin replied he would The be better if the Crown was aske!

want $1,000, and asked Siva reply secutor stated that. In to a query from Cowie, to elect one of the charges on which to go on.

Peninsula Hotel. 12 30 pin. NAAFI Club, whist drive,

p.m.

7.30

Union Jack Club, tambola, 7.30

13. 179.

Nine Dragons Services Club, and

Call Broadcast. 0.15 p.n. IIK Women's International Cho

whit drive for Forces, 3.30

p.in.

HK Art Club, Summer Exhibi- tlon, British Council Library, 9 am to 6 p..

TO BE WED

The forthcoming wedding has been announced of Captain Robert Logan Platayson, REME, of "F" Mess, HQ Land Forces, 29 Mac- donnell Road, and Captain Irene Pendry, QARANC, Sisters' Mess, Telephone Building, Kowloon.

HỒNG KONG

ART CLUB SUMMER EXHIBITION BRITISH

•COUNCIL ROOM

1st FLOOR, GLOUCESTER

BUILDING

25 - 26 - 27 ---- 28 JULY

9 a.m.6 p.m. ADMISSION FREE

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if he considered this exidence Tam said he worked at Silva's Important. The pier answer-office, and that he was sent there, ed that it would carry a lot of by Silva. Tam brough! elong a weight in Court,.....

statement, which. Cowle was re- "There is no doubt that such quired to sign wh evidence would be of vital fm- manslaughter, caso." Crown, portacico in

Mr. Hooton told the jury at this

Mr. McNeill for the second ac cused, supporting the application. sald he associated himself with Mr. Shekien's remarks.

Mr. Hooton for the

submitted that the joints of the point.

indictments on facts case is a proper one.

Soparate trials

The Acting Chief Justice then said he thought it would be preferable to have only one count at the moment before

to have separato triala, for, the two Indictments, he asserted. After the jury, had been em-

the course of the should not base them on what

the course of further talk between Silva and Cowie, he weht on, it was suggested that Silva should ring Cowle during the week-end. Silva said he would.

HK stand at Brussels Fair

Union'

This is what the Hong Kong Chinese Manufacturera' stand looked like at the Brussele International Fair held recently.

somebody elad, and of the sub-1 He then said: What I am sequent-aventa.

going to tell you now I want you In the afternoon the first wit to treat as confidential, whether was Chattes Chan, a motor driver that you taught this girl to drive, ness called for the prosecution | you say.aye or nay, Will you any employed by Cowie, who... testi-that you, have given her special And to receiving a telephone call instructions in driving, covering on May 8, at about 130 p.m. The such things as emergency stop- caller wold be was Mr. Silva their Mr. Hooton interposed by solleiter, and wanted to speak to Cowle. Cowie answered the tele-sking witness whether he pro- phone.

mised to treat the matter con- Gidential.

Cowie testifies

"I said I would treat it as con- fidentini," replied Cowle.

The principal; Crown witness,

Continuing Cowie said Silva W...H. Cowie, than entered the went up to use whether he would witness, box, He said he was say that in his, Cowie's, opinion

British the principal of the

the girl was fit and competent School of Motoring, at 7 Bei-person in pass the Hong Kong fran Road

It operated two Follce driving test. dual drive vehicles for teaching people to drive. The school ha been operating for about three years. In the course of giving Instructions he had never taught a lady by the name of Cheung Dik-chan to drive.

מחש

was ar

Silva told me the girl was a lunese film actress, and no mat ter what the decision was in the accident case he, Sliva, Bud in sisted that the relatives of the deceased should receive full com- pensation

This the lady involved. „Silva“ zäid,, had a learner's licence in March 1949, or which expired in March 1949. She had held it for a paziod of two months,

Question of foes.

“He also mentioned, casualty what would be, my fees."

Here Mr. Justice Williams.ask- witness in what way was the proposal about fees put to him. What would be your fees?

There is no.. corroboration of had. never instructed the girl invoice in the telephone as that of / How about $1,000" replied wit

Tam

ness.

May 8 he

at home, when he was called to the tele- Does not sign..

phone. The caller said "This is Marcus da Silva speaking" and Cowle did not sign the state-added he wished to see him, ment. After driticising

parte Cowic, about a professional met- of in the sold Tám, thức

fj.

heter

ter and asked if it would be con- would propere, his own state venient to have in together ment. Cowle ther told second

the

day. following It Rogused, that, he had not seen

ranged they should meet at 12.45 the woman before. 22 de "There is no doubt, at this stage, of the Peninsula Hotel,

p.me

the next day in the lounge that Tam. and Silva know Cowic

Cowle said he recognised the the jury, otherwise the difficulty the conversation on that day. It driving, lessons," would be. Increased in his would depend largely of what asserted.

the prosecutor Silva. He had listened to Silva's Humming-up. It was

wiser you think of Cowle when he goes

Cowie said he did not give any eventually took out two voice on about 12 occasions pre reply.. to.. this proposal and the to

the box," Crowa Counsel $500-notes and handed these, to viously and had known him for conversation just continued: directed the jury. „

The latter

approximately yo years. "Up. to. this stage," the pro- laughingly that he supposed re-quaintance.

remarked was, however, just a nodding no-

(Continued:On Page 11 panelled, Mr. Justice Williams secutor stater, "what Cowie has ceipts were not needed for this Silva on one occasion for about He had spoken ta advised the members that on said is a matter of what he can transaction,-to-which Tam also 20 minutes. reaching certain conclusions im testify on."

laughed, and agreed. "Either Cowie, was making a Mr. H they

The

next day I kept the ap Mr. Hooton went on to say pointment," said Cowle. "I ronch- they have read in the papers or monstrous allegation against that on June 2, the police aftered the, Feamsula Hotel. at, 12,45 i heard from others, but from the Puble solicitor, of this Colony, furtypes of ventisations on the p.m. and sat down, in the lounge.

or Silva was attempting to swerve activities of

f both accused

Instruct to strange for Silva pat

Silva arrived shortly afterwards, Proceeding i on the charge of Justice by getting Cowie to give ed Cowlo

raise ovidence."

*-beside to common

and order me, conspiracy

icon- Taw, Mr.

told the

Turning back to the alleged Peninsula Hotel at a certato time, jury

Having that the two

with charged acts, Mr. Hooton said that on

previously got ares

home mainly about May 11, Silva received with the offence of conspiracy.

Utlplater, he naked $4.000 rants for their arrest,

arrest, the racing pollee "what

your feelings towards ared the police, to which The allegations are that they took from second accused for the de- then arrested the accused.

I replied part in a conspiracy to get one fence of Cheung. Dik-chan.

Among On " Wiliam

called. In the morning by the palco. Ho Henry Cowia to give the 12, Cheung. was charged false evidence in a criminal case with the offence of manslaughter

prosecution, wax, Cheung,

DIR chai, Chinose stage and soreen had occurred, sacently at

know about at Thea. pending in a Court of the before Mr. J. Wicks at Kowloon. Colony.

Remanded, Cheung appeared on Crown Counsel went on to say the 19th again, and had her bail that the criminal case in ques-extended for seven days. On the flou was against one, Cheung (20th, Cowie saw Cashman, The Dik-chan. It is alleged that the latter subsequently went along accused with others un-with Cowie to his house at Bel- known attempted to get Cowie to ran Road, bringing with him a testify that he had taught the wire recorder apperatus, Chinese woman to drive and thah

evidence as adduced in Court.

acts

she was competent drvetarted

The relevant some time before the date when the woman was chargod-on May 12. Mr Hooton said. The facts go back to April 18, when Cheung went for a drive in a motor car with Tam, the second accused.

Message loft

word.

Cowle then rang, up ¡allvi's office, leaving him * mossado containing,his own phone,num. bor and asking Bilva to ring Kim

up at 2.30 p.m. This mes sage was taken down, by..a dlark at Blive's office, the nois Fatal accident ..

waalde taken-by, the police. Unfortunately, the

during their investigations. took over the wheel,, she had

When Silva was allown the the roffortune to have a fatal cssage by the clerk the same accident. One of the seriously, Silva is alleged to have. things about it was that she said: "To hell with this XNE had not a proper driving licence. know I don't work on Saturday She had only learner' afternoons," tieonge, which had expired about On May 22, the prosecut

thus

woman

con-

tinued, Silva-wrote to the clark

She had Uhud no busincs driv- of the Kowloon Magistracy fo Ing a car at all; But she did, and ing him that his client was inji

a Dairy Farm ice creamjevellit Hospital and it was only recently Was killed

Crown

that she was able to inštrict him Coun-legally.

Three d after, wel continued the police served Latar that eyening, Silva

Cheung with a notleg fint they directed one of his clarks EË. intended to prosecute her. She Remedies, to, go to Cowie's pings eventually allowed ball and tell bjin, that Suve wanted, to amounting to 10.000 at lunchtime that day

spe film iurgently at Silva's office

was

* The subject of vilai Importance Jap.

is that the woman had an expir- When Cowld redalked (the note, ed learner's licence. It would which was, written on, komedies, appear that she was not a person visiting card, he prepared the At to be on the roads atsait, he wire-recorder, in hul room: Hocton, salad, The woman, ho then someone rang hlin up, sald, would may that she had hang taru

some more, though she

id not. anybody about 1.5.

alleged

In the some of the c

"colycran-.

docking

Most chait the continued, shy on that followed here. Avan slim gaver look any driving sons disotission distopi. Cowie aske

from Cowic, nor did she tell any for

ona that Cowie had, taught her to

* The prośbolitisi

$8,000, for this evidence.

nělý, Urla, wyls tod. uiuch a

and Tom

to meet him of tile von entered info-a

inst

the

the first witness was proven 15t

which

Kotress,

of 96 Nathan Road, tion of Waterloo Rond first floor, who testified as to Edward Road Involving a Chinese

and the events on April 18 in which lady and a Dairy Farm cyclist. the the loo cream seller was, I told him I know about it and accidentally killed by the car in fact I passed the scene shortly which she was driving, with bffer the accident.

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