1950-07-29 — Page 3

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THE CHINA MAIL, SATURDAY, JULY 20, 1050.

DEFENCE COUNSEL OPENS CASE

IN ALLEGED CONSPIRACY TRIAL

Marcus A. da Silva; first accused at the Conspiracy. Triol,, was, instruct- cd by a person not now in the Colony, that William Henry Cowic was the one who had taught Cheung Dik-chan, Chinese actress, how to drivo.

This was the case put forward yesterday by Mr. Leo d'Almado, KC,

counsel for Mr. Silva, in the course of his brief outline of the ver sion of the facts according to the defence, prior to putting his client In the witness box,

echversation, 19 pages were in Janguore strange to Me. Tam, In the course of it Mr. Cowle ssid no less than four times "I will moke out the statement myself." That indicates he would make the statement of the evidence would give.

o

No inference of knowledge on the part of Mr. Tam can be drawn from this to support the charge, suld Mr. McNelli.

Conversation roviewod

The Conspiracy Trial continues at 10 a.m. on Monday, when Mr. Silva

will enter the box to testify on his own bok off, Earlier yesterday, Mr. E. I. toet done as he was alleged, Mr. | for these

reasons, the case in

A page-to-page review of the William, Acting Chief Jus-Sheldon anid what Mr. Silva made wholly against the practice of the

con- conversation was then made by tice, ruled that Mr. Sliva and

to Mr. Cowie was a proposion Courts and should not be

Mr. McNeill. Mr. Shao-kwal Tam, second to the commission of a crime, but tinued with.

"I will make my own statement not a step In the commission ft-

Mr. McNeill for the second no- accused, have a case 10 an-

cused then ruse and opened in my own words: 1 think that reif. swer, after hearing legal ar- On the entes quoted by him and case for Mr. Tum. He referred would be for better" was what guments from all sides.

on the general authority, counsel the Court to the docisments pro- Mr. Cowie sald on page 7. Here And he offered to make his own Both accused are standing trial went on, when it has been estab-duced by the prosecution,

charge of conspiracy to liked that Mr. Silva did not pointed out that at no time before statement. He, Mr. Cowie, anakes procure false evidence from know if Mr. Cowle was willing to any 31 hod Tam any contact the statement, not afr. Tan.

"I will make up my own state- Mr. Cowie, driving school Instruc-entry out his suggestions from whatever with Mr. Cowle

that would be the best tor, in May and June is connec= | May 1 to May 23, here in no Counse! set out several pro- flon with a manslaugliter case question of erime arising.

positions to the Court, the first thing." quoted Mr. McNell fram then pending.

of which is that it takes two to page .

The best thing to do is this Mr. d'Alraada together with

make conspiracy. A conspiracy Da May 20, Mr. Cowie, act-an agreement between at least This is what I suggest, subject Mr. H. G. Sheldon, KC, and Mr. D. A. I. Wright, instructed by Ing admittedly under Police in two persons to do an illegal Behere, I walk You leave this

for Mr.structions and plainly as an agenttion. Si Man-kam Lo, are

The conspiracy charge in Sliva. Mr. John McNeill, KC, and Mr. conversations with Silva, starting two uccused and other unknown

with documents 1, 2, 3, and 4 of persons. the transcripts.

Palico instructions

make

sinte-

Reminders

Today

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Coming events

TOMORROW

classical Concert, 60, Mac-

Nel. bis present inclination 14 donnell Road, 0.30 p.m. Opening of Diamond Amusement to advise his client not to give Firk, Diamond Hill, Kow-vidence in this motter and Lat loon City, by HK & Kowloon the Crown ense speak for self. Residents Association, 2 p.m. Mr. Silva would proc, to this or He, said he did not know whether

MONDAY

SKAL Club lecture by Prof. Ejlernot, and he asked for

, an ad- Allaer, Jacobean Room, IK Journment to Monday. Hotel, 9 p.m. (illustrated by

The Acting Chief Justice Fald he could only adjourn to 3.30 p.m. two (lima) European YMCA

the same afternoon. Whist Drive, 8 p.m.

At this

Mr. Sheldon then rubmitted that due to the Crawn bringing two other persons Into the case Cheng Chen and the clerk who point the Court ad- answered the telephone-the de- journed for the luncheon interval. fence would like time to prepare Upon the Court resuming in the their case. There had never been ufternoon Mr. MeNelil applied any hint up to then that this mit another authority upon the was a completely new departure. question of knowledge in a con- said Mr. Shridon, and it was a spiracy charge.

mutter of great difficulty to the

Mr. Tam in defended by of the Police, initiates a series of the present euse is belween these sent tomorrow (page of fees for, and was given leave; to sub- i weld he put ue to the Jury. It

5. V. Gittins, Instructed by Mr. C. Y. Kwan.

The prosecutor is Mr. A. Hoo- ton. Crown Counsel. lie is as sisted by Mr. L. R. Andrewes, Crown Solickor.

procure lalse

evidence. I

J

against the accused is not enough,

pain retusing an adjournment to Upon Mr. Jualier Willams Monday. Mr. Sheldon asked tha his application and refusal should be noted.

Mr. McNeill then asked the Acting Chief Justice for an nd- tournment up to 4 p.m. instead

niready

my own

10)." On page 10 the question was fist mentioned by Mr. Cowle Mr. McNeill submitted there was "Did he say nothing about my "In those documents Mr. Cowl evidence whatever against his fee. Dld be give you the full falsely says (1) that he is will-ellent to show that he had con- amount or $1,000?" There was

Resuming his submissions Mr. defence. ing, subject to adequate payment.spired with any unknown persons, offer made by Mfr. Tam to Hoo.un said as to whether Mr. pay fee, subrated Mr. McNelll. Tam knew Mr. Cowle had taught to give false evidence, and There would not be found in the to make falar evidence a single trace whatever At the start of hearing yester-that he is ready

Then on page 15 there is the the girl or not, there was the remark of second accused: "Then

girl herself in day. Mr. Cowie entered the wit- entries in his appointment book to show this, he added. ness box to correct a statement to support the false evidence.

the witness.box. The girl had "It follows from this that the will leave this here with you," evidence of the

Mr. McNeill then touched upon said she had never told anyone The prosecution's case is that only matter which is before the he had made during his evidenec.

she Tlaying previously testified that he Mr. Silva vantel Mr. Cole to Court, as far as Tam is cancern the recorder which he said is a

had been

Mr. taught by could not recall being visited on elve falan evidence, and agrended, in a conspiracy with Silva, very valuable Instrument in many Coate.

young Indy to pay him, and that Mr. Silva The conspiracy is an agreement records words only, and not $4.000 to first accused en account to consult hig ellent. "This is ways, but it must be remembered On May 11 Mr. Tam passed of 3.30 p.m. so he could have time one occurion by a who honded him a visiting card agreed to Mr. Cowie's proposal to

ting care to falsify his books to support the therefore follows in conspired submitted Mr. McNelli, is very naid this money for her defence

demeanours or gestures. This, of the defence of the girl. Having quite a serious nutter," he said. containing a mesrage

Mr. Loth the persons whe

Justice d'Alinadu Remedios, Mr. Cowle evidence, counsel assorted.

Williams then hilve "If this is the contention of the must

important known that the

because in evidence, he starts to work for the defence agreed to adjourn the court to not only words, but also the rehimself, which is not zaid yesterday that the lady

a usual 3.45 p.m. It was then previously shown to him in Court prosecution, then us a matter of evidence was false." might have been the one who luw. in my submission, the non-

He went nearly 3.15 pan. Submitting that in low there actions to words facial expres- thing for one to do.

ciens, movements of the hand, along with criminal Intention which existed should be no question of presuni. the eard.

a statement to Mr. Before the adjournment Mr. unded him the Fox Mr. Sheldon, up to May 20 har been translated Ing that the accused knew of scratching of the head, cic, come Cuwie which he asked Mr. Cowie Hoston sald there is a conspiracy. witness agreed it was only after into a criminal attempt to procurs the false evidence, Mr. McNelli

10 sign.

He said a number of The two accusel are members of he had finished his evidence that perjured evidence.

Here he quoted authorities on things, among which was that he that conspiracy. The charge says Said just a scintiltu of evidence this point. "The result of the documente

conspired he then had a faint recollection

had come from first areused and they

together with Now what were the reactions that he was with Mr. of seeing her that day:

put in is that Mr. Cowle, acting Custing from authorities in sup-

Silva's other persons unknown, 25 a Police agent, has caused or part of his propositions Mr. Mc-of second accused in the course of office. Mr. Cowie told him he did instigated the commission of Neill submitted that there must the conversation he had with Mr. not know the girl and had never the crime, Mr. Sheldon con- therefore be shown by the pro- Cowin? This is brought out in seen her.

cross-examination secution that the two accused had fis

of Mr. of Criminal Investigallon, about.

Mr. Tam replied he under Counsel went

Cowle. gh · ts

quote actually come to an agreement

That said Mr. Hooton. reporting any new matter between Mr. Silva and himself. Witness various nuthorities from cases in te an illegal action, in

Mr. Cowie had said second ac- clearly showed he kurw

whn which was said that as far as he could re-England, In

a rase spiracy charge,

appeared to him

13 be was in the statement. member. he only took notice of where a constable, on stumbling Continuing his submission Mr. typical of those Chinese

Then there was who

the paying e the visiting card after it had been upon a house sald to be selling McNeill said if A asked B whe- were not fully conversant with $1.000 to a person who could be an hour's recess.

strong drink al prohibited hour, ther he is prepared to mokr

the English language. Mr. Tam subpoenaed in 3 criminal case.

There was also the disguising went in and had drinks served to statement in evidence, that is not appeared to be confused through- him. The mon in charge of the an illegal Therefore from out the whole conversation. He of his real name when he told

uct, place was subsequently arrested the tendering of a piece of paper appeared to be vague, and did Mr. Cowie his name was T. H. Lo. and convleted.

or statement with an enquiry as act quite know what he came

Then there was the actual pass- The man's conviction was how-to whether the person to whom for, and what to expect.

ing of the money, quite a con- The only person who Baw report this, to which Mr. Cowla ver quashed on appeal when the it is tendered is prepared to give.

the siderable appoal sidge hold the constable evidence or not, no.

sun, followed by inference reaction of Mr. Tam at the con-going to get in touch with Mr. róplied in the affirmative. had in effect instigated the com- Counsel at this point suggested misalon of the crime in having whatever can be drawn as to the versation was Mr. Cowie, sub- Silva again.

who mitted Mr. McNeill. There was Others involved that. In spite of the instructions the drink sold to him. The appeal knowledge of the person elven to him. Mr. Cowie had judge also admonished the con

Lendered it. omitted to comply with them.stable in this connection. and that now he was quite pre- Mr. Sheldon told the Court pared to commit deliberate per-that the constable in question Jury on even a small thing like was, incidentally, a man of good this."

Denying this, Mr. Cowie sald reputation and had not "a reputa- many people called on him alon like that of Mr. Cowle."

Not only did Mr. Cowie en-

Mr. Cowie further agreed that he had Instructions from Mr. Tom Cashman, Assistant Director

left in his place.

Forgot to report Mr Sheldon asked if it had entirely passed out of his re: collection within the space of five hours, so that he forgot to

case

tended.

con-

eused

no other witness.

Mr. Hooton then said there, stance to expect the jury to say this case. There was for instance Mr. Tam knew the statement was the person who made the appoint- false.

ment for Lo to call on Mr. Cowie.

ulse Mr. McNeill added there was who knew all about the matter.

must have been someone also no legal result to be ob. tained, and then went on to Then there was Chong Chen ir dest with the law of conspiracy.ment Remedios honded to him, The office. who drafted the state- To support a charge of con- There spiracy there must

be can. spiracy first, and there is nr evidence in this case that there

conspiracy.

Essential ingredient It is unreasonable in circum-were more people involved in

Law of conspiracy It was not Mr. Slive. so there

[

what he

"Unters Mr. Tam also knew Mr. Cowle had not taught the girl, there can be no conspiracy. Knowledge is the casential in- of the charge as pro• gredient any hour of the day in connection courage Mr. Silva, but he insti-

sented," argued Mr. McNelll. with his business so that he was goted him to commit the offence. "It is upon Mr. Cowie to show apt to forget his callers. He also counsel submitted. The only knowledge on the part of both denied that he did not report the distinction between the authori-nccused.

The evidence for the

were

some alterations!! inatter of the visiting cards to

when the statement was received Mr. Cashman later on because hetes quoted by him and the pre-Crown showed Mr. Tom had no

hy Mr. Cowie. This Cheng Cher, was afrold he would get into sent case is that, in these cases conspiracy with anyone. He had

disappeared almost immediately a crime had been committed be not been approached by anyone. trouble for the first omission.

fore the action was taken by the else before May 8.

after the case started. Opening the

that

Quoting authorities he said before the Court for the Police. In the present case, no

The evidence

"There are clearly more than. defence. Mr. Sheldon told the crime had been committed at all is this, Mr. Tam did not see Mr. there must be more than a scin-two persons in this conspiracy," Court that it was his submission

tilla of evidence for a case of this aid Mr. Hooton. Silva to obtain the statement. that part of the evidence adduced before Mr. Cowie came in.

"And possibly no crime would Mr. Silva

instructions to kind to go before a jury, and he gave

He ended by submitting there in so wholly against the principles have been committed if not for Mr. Remedies to prepare a state-

te submitted that on the evidenco is ample evidence to show second and practice of the Criminal the Police action," he added.

and Mir, Remedios in turn before the Court there was none accused knew why he went to the ment, Courts that it Inadmissible in.

Sheldon said Continuing, Mr.

to show that Mr. Tam knew the home of Mr.. Cowlo on the night on to that instruction law and that, if the case proceeds that as for Mr. Silva he was

passed

statement was false. someone else, There Was

The only of May 31. It was a step in the and conviction should by chance

one-man law firm and n busy evidence that Mr. Cowie was In-evidence is that he did not know common intention to get Mr. eccur, there should clearly be a

man. He

had heard instancen formed before Mr. Tam came

was doing

Cowie lo give perjured evidence. miscarriage of justice,

Mr. Silva got into "hos

Mr. Hoolon, in his reply, sub-

Mr. Sheldon touched upon thrị "Is is my submission that this where it budges, because of that he had anything to do with

mitted there was strong evidence Mullins

case and the others case should no longer proceed," occasional ommissions in legal

__malic time Mr. Tam me!) prima facie Case.

quoted by Crown Counsel and he added.

matters before the Court, owing

He dealt arst with the sub- said in those cases the offences Counsel asked the Court, for to the pressure of work. the purpose of his arguments, to at is possible that Mr. Silva Clearly Mr. Cowie was expecting missions of Mr. Sheldon about had already been committed be- Mr. Silva. For that purpose Mr. Police spice. That question has fore the Police stopped in. In the assume everything at Md would have awakened on the day Cowie had Police officers hidden away arisen in cases of Police present one it is sill thattered Bova

position, he sold. of the mdaslaughter Lriai of

traps, which he submitted had case where a crime alleged

bribery.

perjury al-Intervention of the police.

or al- between ruption, Penninsula Hotel on May be remembered about air. Cowie in plete stranger turned up.

conversation that connection whom he will

and Mr. Cowie is no temp

tempts to procure

Mr McNeill, reverting to his tween Mr. Silva and Mi

Silva had asked: "Are you have hitherto forgotten, if If evidence at all. The conversation evidence, conspiracy, to ting to give false evidence?" for me. Cower 8. instigation Mr. Tam

truc, covered 18 pages, most of which and reason. These methods must and Mr. Cowie replied: "I Will counsel continued, it proves how was not appreciated by Mr. Tom.ployed to detect the crimes. and form an opinion, on the de- Hooton then quoted three meanour of reccnd accused as te wholly wrong and dangerous it What knowledge

knew The crucial point is that there for a Police action of the portsume he had? I submit no infer-

support of his contention. whether he

statement Replying to Mr. McNeill's sub was false or not, is Cowic. was then committed by Mr. ·Bilya | to be initiated, when no crime ence can be drawn from this con-

common He submitted that if there was Wrongful, but not criminal, act,

versation that Mr. Tam had any missione bir, Hooton sald has been committed at all.

that the design is the root of conspiracy any case that should be withdrawr. Mr. Blfelden continued. Although Mr. Skelion at this point said knowledge whatever

and there is no need for one to from the jury, this was the case. In wrong for one to ask another

Mr. Justice, Williams, ́how- So give foise evljence, it is not a ba suggested then that the sub-statement was false.

of this trial was The Judge drew attention to know the other. One person may end, and the other

ever, ruled there was a care to geminal net, and under British ject matter

| patte_one,

of this person at the other end, and so

Ansvar for both accused. saw, no charge could proceed in without precedent

Mr. Sheldon then said: in view connection with it.

of the Judge's ruling and in view of the submission by

would then be that at the ter-

The

the

on. May Mr. Cowie was

of

31.

mination of the interview at the Cheung Dik-chan and suddenl/behind a curtain. Instead a com! to be resorted to in cases of cor- to have been committet after the]

consider

tion

Cowic.

The reason in that this is one

those cases where the inten

on to commit a crime is dis- tinguished from the offence of an attamel to commit a crime. An Intention is not criminal. Tre must be more than a mere inton-

The

can you

of the script

pre cases in

be at one

pereint of demeanour, sold the only

1 is not by chance that not conversation that Mr. Tam told long as design is a common de- a case like this has been re. Mr. Cowle he had been sent by sign, their actions: are conspira- ported in hundreds of years. Mr. Silva, to which Mr. McNeill terial. Such proceedings are opposed to said yes.

the funduarental practice of our

Courte."

British justice

Counsel pointed out to the Court tion, There must be an actual how "we like to talk a lot" about

attempt.":

with the script of this Bald ion Mr. McNeill

the statement was not typed on any of Mr. Silva's typewriters. There was no evidence it was - British Justice and how fairly. I typed on Mr. Tam's,

Mr. Cowie insisted ho must

Mr. "Shaldon quoted several deals with an accused person. fegal authorities to support fils Reterring to a certain criminal see the girl. Mr. Bilva had sald

American Court re Mr.

contentsen, ahd submitted than puso in an

Cowle could help. Then sub-

in the present onfe there was ferred to in an English case in mission of the statement To Mr.

the

OPENING SHORTLY

Mr. Me-

The WINNER HOUSE

not a single action of any kind this connection Mr. Sheldon in Tam does this not convey the The Most: Up-To-Do showing a single expression of vited the Court to draw a parallel Impression Mr. Cowie had taught Intention.

present case with that girl but must Identify Her

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Basing his submission en the American case, and said the pro first? gumption that Mr. Silva had in cent case fell exactly within the Then there was the reference

| dictum of that Court.

to the appointment book, und the Should there be any reason question, how many tience a wede Situated in the now why our Courts is this question and the reply "it's up to you district at North Point should be ligging behind the You have the appointment bool" American Courts?" counsel quori" Putting it. At its very lowest, [ed."-

Bubnjitled Mr. McNell Tam not all thin Summing up the foregoing or is consistent with Mr." aumente "in" brief," Mr. Bheldon knowing Mr. Cowle had ngi lought" rellerated that thoro web no the girl

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Med by me!/Cowie saying "ivil ráke

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"I do not feel I need sny more than this. It is a conspiracy to gat Mr. Cowie to give perjured evidence," said Mr. Hooton.

"I am going to leave it as it is, and adjourn to a quarter to four." sald Mr. Justice Williams.

Court then adjourned for holf

Mr. Silva's case

When Court reassembled, Mr. d'Almada announced ha was calling evidence from his client. Before Mr. Blva antored the witness, box, zhpwoxer, counsel wald he would open briefly on the facts because, whereas, in part the case for the defence had been overshadowed by Mr. Sheldon during his cross-ax. amination of prosecution wit nesses, there ware points which have left the jury a little my- stined.

(Continued On Page 11)

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