1950-08-03 — Page 3

MAIL. THIRIDAY,

„1050.

SILVA DENIES TRYING TO BRIBE

Intense cross-examination of accused by Crown Counsel

Marcus A. do Silyq yesterday denied suggestions that he had tried to bribo William Henry Cowie into giving perjured evidence with the knowledge that he was “a man of evil reputation”, and that he did not thus expect to be double-crossed by Cowlo.

The local solicitor standing trial for conspiracy was subjected to a most intense cross-examing- tion by Mr. A. Hopton, Crown Counsel, for nearly the whole day in the presence of a large crowd of spectators.

school instructor, in eonnee- tion with a manslaughter case peading,

In May and June, In which a Chinese actress, Cheung Dik-chan was involved in a fatal accident in which n cyclist was killed.

Mr.

that i

Yes.

more to

the

BRIBE COWIE

Reminders

Today

:

Kowloon Rotary Club luncheon,

Peninsula Hotel, 12.30 p.m.

you

"You Jaye told us that complunkested to Choy the sig Reation of Chen shout the $1,000, That it you teleptioned" to Cowle Fant away, Cowin would place too high a value on his service), and his demand would go sky high,”—Yes."

low could Cowle's demand go sky high If his "servites - wele did bargain with him later when required only as an export?"-)

be asked for $3,000. I

Y'a Men's Club'luncheon-meeting, hlm down to $3,000 Burkalaca

Roof Garter, HK Hotel, 12.45 p.m.

p.m.

"You paid Talling an answer

of the Chinese tutora. from Cowle you would call ong Did you asic for the names of the Chinese utors?" "--"No, there was plenty of time. On the 10th I knew the

HK Women's International Club, Bathing Plenic, buses leave at 0.80 pan, and 1,30 p.m. Nine" Dragons Services Club,

Kainus competition, 7 girl would be charged on the 12th, Alm; "Johnny Angel", 6.30 but there might be

several formal "romands before the cale Union Jack. Club, tombola, 7.30 came up for hearing. I WEA mainly concerned with trying to Club, whist drive, 7.80 reconstruct tho accident that p.m.; dancing class, 7.30 p.m.nih.

Thomas More Association, dinner at Roof Garden, HK Hotel, 8.30 p.m.

all Slevin (Kowloon tradle officer NA

St.

You knew he was dismissed

WAR

Mr. Hooion asserted that accus- ed knew this to be perfectly un- true and that the police would never victimiso ranybody giving true evidence. Accuwd repllect

Mr.

his might be 10.

Shan-kwal Tan, Yung Hwa that he would have been justified knew this. Thus, he did to Cowie ¡question of a fee. I took it he had Studios Mm director, jointly in making out a bill. The accused what he did to everyone else in taught the girl," he added. chorged wil the Arst accused t this asserted that lie hàn that he did not write to him at Accused dented suggestions that could not be found slice, ha dis-nover made a bill in nil these all on the subject.

Mr. Cowic's references to Mr. In reply to a question, necusett Lonsdale (Crown Counsel) in the appeared the day before. He is interь. being tried in absentin,

"Mr. Silva reiterated that It was told the Court that since he open-course of their calls was patrúe, of Inspector The two accused were alleged invariably his practice noted his conversation with Cowie, or that the nome to have conspired to

procure make gut any bill, but to agree the latter seemed to know

about the matter of Cheung Dik-was never cntioned. faive evidence from Cowie, driv-around a cum later on

chat Silva's query

Recalling that part of Mr. Siva' Asked if he did enquire of evidence that Mr. Cowie had "At is suggested

unwilling t was being sinister in not hay. Cowie during the telephone con- indicated he Ing Cowie's name noted as hav-versation if the latter had taught give evidence because of the po- to drive, Mr. Sva ter, Mr. Hooton asked the accur- Ing an Interview at the Pen- the girl

then replied in the negative. Accused ed if he behaved this. Mr. Silva insula Hotel, why did

with his explained he was not getting in said this was expressed by Mr. keep exhibit No. 1

As for him- touch with Cowle at that moment Cowie at the time. Mr. H.C. Sheldon, KC,

name on my file?"

Mr. Silva

to ask him that question, His el, he had no dealings with the d'Almada, KC, and Mr. D.A.L.

queried. Wright, instructed by Sir Mun-

"Why did I direct my articled cbject was to see if he was will-Kowloon traie polec. clerk to leave a chit behind Ining to give evidence. kam Lo, are for Mr. Silva,

Crown Counsel: You knew the Why did 1 not Mr. John McNeill, KC, and Mr. Lowie's house? S.V.

Gris, Instructed by Mr. destroy the chit Noronha (an-man you were dealing with?

Accused: Yes, C.Y. Kwan, were for the second other of Mr. Silva's clerks) gave

You knew Cowle's reputation. May 20 with Cowie's Accused up to yesterday. when ne on May 20

retired

from the proceed-name on it? The

Returning once prosecutor is Mr. A. Hooton, Crown Counsel, who is inferview between Mr. Silva and assisted by Mr. L.R. Andrewes, some others at his office on the Crown Solicitors.

night of May 7, Crown Counsel his At the outset, Mr. Hooton in-recalled that Mr. Bilya forrned the Court that there hus i cvidence bad call "Mr. Choy had evidence, I would get another | looked at me quizzically": Ac- further information re- been Do garding the second necured after used explained that Mr. Choy man.

I am suggesting that you were the normal inquiries. In the cir- had looked at him with a doubt afraid to approach anyone with

and ful expression he would ask that the case be continued against the what he thought of Cheung DB. an unblemished reputation to ask

because he (Mr.him to give Inise evidence.--No. chan's

nouir,

And you were surprised to Silva) had his lips pursed at the

learn that Cowie had approached tine while he Jottert down notes

police and double-crossed up his as Mr. Choy spoke.

Replying to a query, Mr. Silva youNot in the light of after gald he did not ask

thought. Choy if the girl was a trained Accused denied further that he had asketi Cowie during their in- driver. Mr. Choy himself volun- | teered the information that the terview at the Feninsula Hotel girl was not.

about the latter's feelings towards the police. He made n deniat also that he had deliberately tried to get Mr. Cowie to help him in getting the girl out of her trouble by giving false evidence.

cumstances,

first decused as well as the second.

can-

of

Ja

Mr.

from the police for accepting a $50 bribe. Yes.

And you thought he would he

Gramophone Récital at Diocesan Boys' School, Kowloon, 8.15

p.m.

Coming events

TOMORROW Swimming Galn, European YMCA, NAAFT Club, danco, 8 pm, Union Jack Club, dance 8 pm. Nine Dragons Services Club, | tombola, 7.30 p.m.

SATURDAY Cheero Services Club, tombola,

7.30 p.

tombola, 7.30 pan. NAAFI

Services Club,

tambold, 7.30 p.m.

SUNDAY Classical Concert, Toc II, 50,

Macdonnell Road, 8.30 p.m. Nine Dragons Services Club, fin:: Suspicion. 8 p.m. grainophone recital, 7 pm

Club, snooker tourno- ment, 7.30 pm. Kowloon Bowling Green Club, Colden Jublies celebration, 4.30 p.m.

Replying to a question, Silva agreed that if a witness of his was ever victimised by the Nine police, he would go straight to an easy man to bribe.---No. If the Commissioner of Police him- were looking for perjured self and report it.

further disclosed that Accused he eventually offered Mr. Cowle $500 1.000. He agreed he did not communicate to Mr, Cowle of his intention to use him as a con- sultant in motor technicalities.

Asked if he was not afraid that

Cowic Mr.

would want to push when he eventually price put this abilgation onto him, Mr. Silve said he did not think about this at the time.

the

"You made no note in your diary about your going to the Peninsula Hotel?" "No."

You made no memorandum or note of this conversation at the Peninsula Hotel? No."

"Nor even the

NAAFT

Mr. Hooton, continuing his

crom-examination, took witness to the events of May 10.

"On that day there was this agreement for the payment of the $1,000. You had a telephone call from J.D. Chen and he said he uny commission. You were to set aside $1.000 for his girl friend,Yes.

Crown Counsel: And you knew conversation you had this did not want

he was a man unlikely to betray

Accused: No.

Crown Counsel then quoted from an authority involving an English: criminal case in which man was actually tried, convicted and sentenced in his absence

Mr. McNelli at this point stated that in the circumstances he had given the matter careful

Mr. Hooton then asked accused sideration, and did not feel dis- if he would agree that a ques- posed to continue appearing for tion whether the girl was the second accused. This was also trained or not would occur to a the feeling of Mr. Gittins, he solleitor's mind more than to a Layman's Mr. Silva answered that added.

Counsel said further that Mr. this was not

necessarily the C.Y. Kwan, his instructing sollet-case. As for Mr. Choy, ho you. tor. had been unable to obtain added. he was once a police further Instruction. All counsel officer (in Shanghai). concerned then asked leave to re- tire from the proceedings, which said the question of the

relatives of the deceased (killed was granted.

petency of the girl to drive was in the traffic accident concerned,

bul only secondary: the important,

to the main issue.

Yes, I say he invented it and tion. Before this, however, he re-ie his note on that occasion that

Asked why he did not write 1st ile.

My suggestion is that the only plied to several more questions the girl, was fully trained, Mr. this was from you. No.

way he could have learned of from

Mr. d'Almada on the evi-

Sliva sald he had reached the dence on his own behalf.

Cowie says you told him the Crost-examining, Mr. Hooton end of the paper on which begirl's licence had expired.---No.

that Chief Inspector C.

So Cowie must "huvé "got that Dowman had testified that when he came to arrest Mr. Silva on June

2. the accused' looked shocked.

Mr. Silva

witness box for

then entered

cross-examina-

Further questioned,

The Cowie has invented the accused story that you spoke to him

the question of them about

com-

it

"And despite the fact there was nɑ note or memorandum, you say your recollection of that conversation is accurate?"Yes" ment for fene so had no puy-

that Ume you

from

"You agreed to tunt"Yes. "Is that a proper thing for you to do ag a sollchior?" "I pay my clerks 20 per cent when they bring me business

"You have told us that you tried to Interview the gir! Chaung Dik-chan but were ins Variably told by choy thak' the was too ill and had only a faint recollection of the mooldant."

"3 was under the Impression the was "in hospital" alf ́the Aime."!

Vital witness

"You agree the most vital wil. ness in the defence would be the | girl."—"Yen."

"Apart from the interview on the 8th, when you elicited nothing from her, have never *een

bor at all, you !

"She

all of the accident?""No, I never gave you any de- these got through Choy."

You were never able to inter- view this

તુર

8th?" pain after the

"I suppose you knew appeared in court on the 12ui?"

for formal remand.""" "Atid again on the 19th and 20th."My impression was that the left hospital for the remand, und went back afterwards. looked very bad on the 8th when

saw her

-I

"Did you see her at those re- mands? did not eifend the remands."

Would not those have been good opportunities for you to see her?"-"It never crossed my mind until the 26th that Cowie had not

her. taught

were doingpaying an outsidered. "In all there must have i

ho

"It was on the 17th when you saw Tam, the second accused for the frst mo, according to you. It was at a club af D'Aguilar Street, You noted that appoint- Now, why ment in your diary. did you note that appointment, and not the appointments with "No Law Society Instruction Cowle?"--"As I have said, 1 You did not consider it neves- sary to have a note for eventsial against ""The Law Society entered some appointments, but

had sent around a circular about there are many I do not enter." costing costing I had made up my mind the, payment of outside commis-riptuants that he had not

your clients?"-"On

outalde commission. It considered Here Mr. Silva referred to his instanced various more or less what sum I wouldalon not proper." charge."

"Is not that, in fact, what you "We know that after that

30 to 40 appointments that Cowie reported the matter to the commission?”in a sense,

I have not entered," yas, but I made my client pay for it."

Bald. Police." Yes.

"On that occasion when you "And you

have suggested "When money eventually saw Tam you lold him the case through your counsel in aresz arrived, you told us you had it could not be fought out in the examination tho motive for put in a safe, with a note police court? No, he asked to the competency of the girl, Bir Heston well on to recall

that, namely,

to get into the put it in my pocket first and me whether the case could bet so that he expected Cowie

oraces of the Pollos again."—then bed it put in the safe." fought out, and I said it would be Mr. Hooton asked Mr. Slive if do this later on.

"Yes."

"That payment was, of course, Impossible

I could recon- that feeling of shock arose be-plained further that the real look up his books to see if he

སH cause he thought he had "con- mujor issue was

I could' And the name of 'Cheung von as you suggest, the inter- not part of your feen for Uiststruct the accident actually wha!

was false, would you agree case," "No." cealed his tracks" so well that he happened at the

Crown Counsel then with me that Cowie was running

"Why, then, should it require of the Dik-chan. scene did not expect to be found out. accident; why the girl deviated put it to the accused that if his very great risk?"—"I disagree," the reference number of the file?"

the traffic island to the he would have told Mr. Cowle

"Why?" "He knew he had not Because it was a present to and so forth. Com-

Someone else D. Chen arising out of that taught the girl. man named

bad Choy be In a sense, would

told me you taught the girl.”

spoken to him before on the because fully

Mr. Silva answered he got the matter." sometimes have wered. Denying he was shook.nccidents happening to them in impression that Mr. Cowle was

Silva shocked

"I was shooked the

was writing at the time,

At the end of the intervlow,

he was told that Mr. Cowie Information also from somebody would give him information as else-Probably.

Iron

police

petency,

joniv

could ballove me guilty of

Koconers

thing like that accused ana competent

Mr

ed at being discovered, Silva meserted that he did not

away.

he

the same manner.

Accused

that

to

Mr. Silva had testifled Mr. Lowie had told gla he ****uld

version of the affair was correct.

that

skirting around the subject with view of getting money out of

It.

Indirect reply

had

Mr. Justice interposes

Ho

No official connection

It had no omelet connection with the case at all”—“No, It was Just a present to JD. Chan for bringing that ensa to me.”

"Who was the gizi, friend In question? A mistress of J.D. Chen'"

"Any connection with this caso?" "No."

"But you have enquired of her name?" "No, but I havă tabt her several times dancing with Chen,!!

"Why is it necessary to put the not leave in your pocket spend mysel

The had arded by the polico, money away in the safe?

"That was your considered opinion on the 17th?" "Yes."

"Why was no statement taken from Tam?"""Because in the most Important part from the point of the colliiion onwardi. his recollection was so faint he could not help me.

Lay-out important

"but the lay-out, that Was also important?" "Yes, 1 senti my clerk Yu out with Choy and Tam to the scene to"try and reconstruct the accident, They drew up grappy which is on ble, and they, repertad their findings to me

"On the 18th and 19th nothing happene: “ Nothing happened except Choy telling me "he Ard get three eye-witnesse

In reply to" "Mr.-Filities Wit- lams, witness sald Choy told him he was investigating on be- halt of the girl."

Mr. Mr. Hooton then asked if Mr.

Justice Williams inter- try to cover up his own tracks Silva agreed that the question

posed: "That was your beller." at all. Mr. Hooton then followed up difference in a charge of man

of compotency would make a

Mr. Silva replied, "Yes, based on the defence's case that u clerk slaughter, to which accused said

on the conversation with Cowie, Crown Counsel said he un of Silva's, one Cheng We-chan it would be important to a cer-

and though I spoke to "Cowle as had resigned a few days after Mr. lain extent. Mr. Silva aprend

derstood that after timin, Mr.if he Was the genuine tutor, Silva's arrest, and asked the ne- that if the girl had no driving

Cowle still did not toll Mr.Cowie might have believed tiat cused he was surprised to re-

Bilya whether hu had taught I also knew about the folally." ceive Cheng's letter of resignation. Involved in a trade accident In Lesson in her life but had been

the girl to drive or not. Accused Mr. Hooton suggested to Mr. replied that Mr. Cowie did do Silva that if in any of the subse- Mr. Silva agreed.

which a man Hva denied a suggestion chances of being acquilted

was killed, her

to Indirectly by saying that he quent conversations on the tele- that

had sent Cheng away

was uncertain whether to give phone, as

Mr. Cowie have connection with the case after his manslaughter were slim

evidence or not. In the course of further cress-you taught this girl, the Police might forget al about it, and Turning again to the interview arrest. Accused stand out between Mr. Gilva and Mr. Choy, examination, Mr. Hootori told the would have thought Cowie was have preferred him as a defence Crown Counsel pointed out that accused that unless Mr. Cowie making up

this witness rather

conversation.

"But if you were reminded of "And nothing happened on the then send him Mr. Silve had said 'p his evi said he had taught the girl, thera Mr. Silva replied that would it you would not have dificulty 20th" excepting a telephone.mes- Turning to the events at mid-dence that Mr. Chop had told was no point in calling him to not be the case when the Police in Briding Yes, but I have sage from Cowie which was fre night of May 7 to 8 in which Mr. him that the girl had received in give evidence. Agreeing to this, knew Cowie had not taught the found of secasions cheques thres ceived by Noronha Yea Suva is said to have interviewed structions from Mr. Cowie and Mr. Sva sald, however, that he girl. Ho added Mr. Cole had or four months old, which 1.for- the message that you sold in. a number of Chinese at his offer some Chinese teachers in driving. believed then that Mr. Cowie had one great safeguard. "He had not to pay in,”“” sich, as cheques stiguted the offence, "Yer."

never taught the girl, so it any- for winnings, at bridge games.” "Now that's not right. You Crown Counsel: Why didn't you looked at his book before! on matters! relating to Cheung

part of the fee said you took ́ ́ho notice" of "It Mr. Silva agreed also that he thing happened to upset the trov k hot fee Dik-chan's case, Crown Counsel write that down too? pointed out that on the document that Cowie was willing to give Mr. Cowle that lie had taught that did not teach the

Accused: Because I was told never got a definite answer from he could always say to the Holteo for Cowie? No. If I had got You were a perfectly free age concerned. the accused marked the date and time of the evidence and I

“A would have rung him" "up" Very for rang up to Cowie," "I was a was expecting piri, during that conversation of when he approached to and the fee for Cowie on the 111651 at all smes, whether sell moke Interview. Mr. Hooton asked him to do sor

die Peninsula Hotel. When he statement I thought he was as soon afterwards. I did not do free agent whether it was for purposes of is fairly full, except until you

You will agree that your note said he WEB considering the ing me for perfurant h

that

Continued on Page 4) costs, "

Denying this, Mr. Silva said come tu the question of the gist'a that in criminal matters, he had competency. Yes, but there

were no time to make out bills. H could not be certain of how much time would be spent on the concerned, so that he would eventually agree to some figure to cover the costs, Instead of billing. Accused added that he had about

his contention.

matters included:*~* Why didn't you write about the Chinese teachers in your hotes?- Because I was told they were afraid to come and give evidence. Cryptic note

Mr. Sliva explained further

1.000 Ales at his office to support that his note was in fact just a Crown Counsel asked whether cryptic note, and he did not put

or not it was the normal practice everything down fully.

Counsel: What I am suggesting ed or telephoned by a client, tos that it fa quite plain from this ninke a note of the time taken up document that you were never which would be included in the told that night that Cowie bad bill. Mr. Silva answered that this taught thig girl how to drive, is an unusual practice nowadays. Solicitors in Hong Kong are tou bury to work in that way, bo added.

with a solicitor, when interview-{

Remarking that ho did not quille understand, Mr. Hooton asked the accused why, if he did not charge for the time, he marks ed the time down on the bio in question, Mr. Site replied that he did that just as a reminder, Tolk was rond whenever,' he ha

Alp to front of

Witness: I disagree. You are suggesting that I then jumped to the conclusion that I could ask Cowle to give perjured pyidence, That is exactly what I am gugr grating-Tantis $188cation

dony

emphatically

queFlod Holon The secured did not le le Cowie saying that he had heard he had taught the girl abolit. a

w to

asking him to con

this information Mr Silva Dover wrote when

ndinied out that no could, telephone. when Mr. Silva Tang #p

He sudod that every May. Bi boldid not, markdown meat udfarinent in 2 tho

When only the best

is good enough...

it must be

Carlsberg

beer

Refreshing

Drink.

Delicious! Coca-Cola

Ice Cold

· Bettled under authority of The Moça-Cola Company, by

HONGKONG BOTTLERS: Egdarat Zovi ki,Biki

WAKE

UP T

CYMA

TOVE.

A single "key winds bath ment and alarm simultaneous):

These new, beautifully finishe ALARM CLOOKƒ on sale at.p stores and "dealers. ·

lime

Sole Agents ED. A. KELLER & CO.

SINCERE'S

DEPARTMENT STORE

KEEP YOUR BODY COOL &

COMFORTABLE

with UNDERWEAR

by AERTEX

COOPER

B. V. D.

WE HAVE COMPENITENSIV

BESIAL PRICES DURING

OUR SUMMER SALE

NOW IN PROGRESS: