1950-08-04 — Page 3

CLOSING ADDRESS TO JURY BY SILVA'S DEFENCE COUNSEL Crown Counsel to speak

Mr. Leo d'Almada, KC, counsel for Marcus A. do Süyo, solicitor, in his closing address to tho

jury yesterday put forward suggestions that the disappearance of Shap-kwai Tam, Him direc for being tried for conspiracy in absentia with Mr. "Silve, was consistent with his ova guilt in conspiracy with other persons, and not with Mr. Silva.

defence, which contention was not | admitted by the Court.

At the conclusion of Mr. d'Almada's speech yesterday evening, Mr. E. H. Williams, Acting Chief Justice, adjourned hearing until 10 a.m. today, when Mr. A. Hooton, Crown Counsel, will address the jury, after which Mr. Justice Williams will sum up the case. Both accused are alleged to in Shanghai, Mr. Choy wan at have conspired with other the time Inspector of Police at persons unknown to procure Shanghai. falsa ovidence from William Henry Cowie, driving school instructor, in connection with pending a manslaughter case In May, in which Miss Cheung Dik-chan, movie actress, was motor accident involved in in which a cyclist was killed. Mr. H. G. Sheldon, KC. Mr. d'Almada and Mr. D. A. L. Wright, instructed, by Sir Man-kam 10, are counsel for Mr. Silva.

Toward the earlier part of May this year, he went on, he met Mr. Choy at D'Aguilar Street. A con- versation developed, and witness took Mr. Choy to his own club. Shortly after that occasion, Mr. Choy rang him up. As a result of what Mr. Choy told him, he is rang up Mr. Sva at turn office, but was unsuccessful in contacting him.

On, May 7, witness continued, he managed to arrange au inter- Before the second accused dis-view with Mr. Silva for Mr. Choy appeared three days ago, he was at one o'clock on the morning of The appointmen! represented by Mr. John McNeill, the next day.

kept, and he introduced Mr.

that they were not however,

close friends."

Questioned further as to what Counsel went on to say that ha made him

said when he mat Mr. despite the opinion of Mr. Justice M. Chen actus of Mr. Chuy, fult it his duty to post put int Choy at the Junction of Queen's Williams there was some opinion toad Central and Pedder Street on the whole upan watch it was on the day in question, he anted the jury's duty to pass judgment, Mr. Choy How Miss Cheung". ↑ **

"He was therefore not in a posi- case was going on.

tion to withdraw the ease from your hands," he

added. Willing to pay his

Tarning to the case proper, Mr. d'Alminda told the jury that Mr. Choy had replied that he right at the forefront of hits sub- the last few missions is the fact that there is was very busy days trying to get hold of wit-o evidence whatsoever of a hint notice for the defense, and as of conspiracy between Mr. Silva

and Mr. Tan or prossed his willingness sven to:

My hint of conspiracy between Mr. Aliva and pay them for their evidence. KC, and Mr. S. V. Gittins, in-silva and Mr. Choy to one ansaid he did not calde in Mr.

In reply to a query,

witness any person or persons unknown.

Insofar as any other persons, structed by Mr. C. Y. Kwan.

The prosecutor, Mr. Hooton, is other. There was also another Silva the contents of the conver-are concerned, counsel went op, assistedi by Mr. L. R. Androwes, person present named T. Y. Lee.sation botween him and Mr.he would invite the Acting Chiq Crown Solickor.

Choy because Mr. Choy and be Justice to dirent the fury bus that were friends, and he did not because in the first place only a want to criticise him behind his deating mention was made to this

by Crown Counsel in his openiu back.

The Roopnet Exference to this was The jury then put forth question whether witness remere-made by Mr. Hooton when he with one Miss Cheung, involved red whether mention was made suggested the possibility that da. In a motor accident. Mr. Choy the schup!

the last wifness, might be one of Mr. Cowie was than Informed Mr. Bliva

awn" the "persons unknown." further of the dataile of the Ms. Silva and Mr. Choy.

the Interview between running at

Mr. d'Almada stated that quite M Accident in question. He Chen answered that, though it soever before the jury

there clearly

evidence what is no tlones alap

so that the woman

jury of joy! involved was A

was mentioned of the time, he other persons unknown being - competent was driver, but that she was only could not remember the nanie.

volved in the conspiracy alleged. Mr. Justice Williams then re- Ing licence, which had expired. marked as to why wilness did

both Accused specifically Mr. Chen further stated that not say anything when he was involves them and the Mr. Choy spoke then of the names fold by Mr. Chay about him be- aknown counsel fold the

Ing whing to

The Arat defence witness yes- terday was Mr. J. D. Chen, pro- pricior of the Union Syndicate,

on Import and export firm with Stock Exchange its offer in the Building. He testified that he rame to the Colony in April 1940 from Shanghai, where he had lived before. He was principal shareholder and gonerul inaanger of the Union Warehousen Jucar porated, Shanghai.

Witness sald In evidence that since his arrival here, Mr. Silva has acted on his belulf on pro- perty matters, notably in the purs chase of his present house and

another house at 198, The Penk.

As to the Mr. Choy connected with the present case, Mr. Chen said he knew him as Choy Lau since 1942, when he first met him

San

Francisco

Honolulu

Wake

Guam

Hongkong

34 HOURS AWAY

(25 BOURG ARAY Į

12 HOURS AWAY

SO HOURS AWAT

4. HOURS AWAY

Fly PAL

AND ARRIVE FEELING FINEI

PHILIPPINE AIR LINES

Talk with accused Mr. Choy then had a talk

with the first accusad, in tho course of which he asked him to defend in a CABO connected

men-

the holder of a learner's driv-

& out that the charger

point,

and no other. Even found that Mr. Silva

AUGUER 411980.

British soldiers charged at Central

Thựco British soldiers, cil, drivers of the Royal Army Service Corps, appeared before Mr. ✨ Hiashing Lo at Central Magistracy yesterday.

charged with robbery.

They dre Brian Rymell, aged 19, of Somerset, Narman Barlow, aged 24, of Warwickshire, and Thomas Ronald Rylands, aged 19, of Liverpool.

Reminders

Today

They were, charged with rob- bing n Chinese girl, Li Ling. of her handbag containing personal alleats "Valued at $21, near the Hong Kong Hotel Garage, Stubbs Road, at 9.50 p.m. on May 24,

The prosecution was conducted by Inspector Pope for the Police. All accused denied the charge, Swimming Opia, European YMCA, Quțiining the caso far.the.pro NAAFI Club, dance, a pan, secution, Inspector Pope said on the night of May 24, a courting Union Jack Club, dance 8 pani Nine Dragons Services Club, couple was in Stubbs Road,, noar

tombolā, -7.30 p.ro,

the Hong Kong iHatal Garage, RK Football Association League when boy saw a military van Management Commitcount and t "Prince's. Bilg., 5.30 p.m. the vab - and approached the Air Force Club, Friday Tin; couple. It is alleged that both the guest: AOC Alr. Cammotore mon and the girl were struck, A. D. Davies, CBE, Edinburgh and the girl's handbag snatched House, 12.45 pm.

Coming events

7,30 p.m.

TOMORROW Cheers Services Club, tombola, NAAFT Chib, tambola, 7.30 p.m. Nine Dragon Services Club,

tombola, :730 p.m.

BUNDAY

p.m.

Posthumous award of Boy Scouts Cornwall Fadgo to Yue Chung-kwong, Morse Hut, 5.30

Classical Concert, Toc H, 50,

Macdonnell Road, 3.20 p.m. Nine Dragons Services Club, gramophone recital, 7 p.m.; Him: "Buspletón”. 8°.p.m." NAAFI Club, mocker louna

ment, 7.30 pan.

Golden Jublier celebration, 4.30 pa

MONDAY

Harris and Cowie," Mr. Choy which witness stated that as lie this

to pay witnesses, to that they were concerned withŋ Kowloon Howling Green Club. mentioned that there had been quite a number of persons who had appoliitinents to keep that had taught Miss Choung in driv-day he was not very interested did approach Mr. Cowie In the

they ing-some Chinese and a Euro-in what was sald, but just nodd-way the Crown has pean.

suggested ed to Mr. Choy and walked his which be submitted they could

The next witness Ma

not, on the evidence this is not: sumcient to And Mr. Silva guilly

At this juncture, witness want way. on, Mr. Silva asked for the nami

of the European consernet, and Mr. Choy replied "Cowie." Mr. Choy told first accused that tho whe willing to contact Mr. Cowie, the latter would be prepared to make out a statement os evidence on_behalf of the girl.

pul, af Lund Road, third floor, a typist employed at Mr. Sülva's offer, since 1935. He tested having answered a phone call on June 2 at the office shortly after 3 pun.

The voice at the other end of Two days after this interview, the line fdented himself witness said he phoned up Mr. "Mr. Cowie, witness continued. Silva again. He told first accused The voice asked to speak to "Mr. that since he had brought him | Lo". On belog teld that there this business, he would ask hlin to | was nobody in the gilce by that buy a prespit for his girl valued nume, the volco naked for "Marcus at $1,000.

600. Mr. Shiva agreed to da Silva". As first accused was this proposal.

absent, witness said he told this to the parson at the other end cf the line.

On the 17th. he invited Mr Silva 10 a dinner party at his club at 18 D'Agullar Street, second floor. Mr. Chey was also present at the dinner. There, Mr. Siten was introduced to the second accused.

The voice then sald that he had had an appointment with Mr. Lo in connection with a man-| slaughter case, and that it bad boch arranged for p.m. that evening. It further and that it wanted Air, Lo to be informeri

of the change against him.

Counsel here told the jury the the Judge will acquaint them of the legal proposition that if he

the Judge)

expresses a bellet

that Mr. Silva is guilty in thr course of his summing-up. ther Judge's opinion, were entitled to disregard the

it In thel opinion

believe Sitva otherwise.

they

Burden of proof

Mr

Franch Society of Literature and Art, plano recital by Louise Mayer, Roof Garden, H Halal, 0 pm. European RCA, Whist Drive, Union Jack Club, tombola, 7.43

p.m.

Not guilty plea at Central

The turdan of 'procs rests on the proeepution," ! d'Almada went on. it to no Charged before Mr. J. Rey- Incumbent on the spoused to nold yesterday with possession prove that he is innocent. That 70 pounds of raw opitim prosecution has to prove be near the Wanchai Ferry Wharf. yond rogaonable doubt that the Gloucester Road on July 15, accused in

before he Wang Ying, 38-year-old "Chi-

can be con that if the inese woman, pleaded not gulity

Mr. d'Almada

Mr. Silva, however, did not sion long at the place, as he

nequred's alary raises a rengon became ill and had to leave. that the appointment would be able doubt in the minds of a furr Mr. Chen went on to say that changed to p.m. The place ofi as to his guilt, then it cannot be about five or six days after. As as the Peninsula Hotel,

have not been a result of the conversation be tween them, witness said he want after agreeing with the voice's

Mr. Ma went on to say that competely

awny,

"The man noticed the number of the van, and through ật tho Police traced the wah" "to_the RASC depot at · Causeway Bay, The van was searched by the Folice and three ladies her clips were found in it. They were claimed by the-girl as belonging to her.

"Giving evidence for the pro- secution, Yau Slu-luen, aged 23. said he is a salesman of the Sui Fung Watch Shop, 410, Hennessy Road. He went for a walk with His Tiancee, Li Ling, along 'Stubbs Road, on the night of May 24,

A. military van approached them from the direction of Re- pulse Bay. Two European men, dressed in shirts and trousers, alighted, but he and his fiancee paid no attention to them.

Felt blow

Suddenly be felt a blow on the napt of his neck. He turned girl was also struck by the other round and saw the European. The

European.

Nothing was token from his person, his fiancee had har away. She Pardo, but need cried out, and Witness tried to grapple with her attacker, but he was flung aff.

Their two attackers ran back to the van and drove off. Another European man was driving.

On the following day, at an Identificatiori paralle, he picked out the second defendant.

After the girl had given corpo- borative evidence, heating was adjourned to 2.30 p.m. today.

Fined for possessing opium

Arrested after a Police raid through her defending Counsel when 100 tnels of prepare: Mr. A. el Arcuill

he cubsequently met Mr. Choy the appointment was mentioned said that honest of his guilt tan received on August 14, a | Yat-kong, aged 62, was fined

troduced the latter, to him.

Silva warned Witness said he warned Mri Bilve that he should take pre: cautions of the witnesses that

Turansection.

Bady

Revenue Inspector D. Knox oplum were found in his room. prosecuting said that on informant 1 a.m. on August 1, Cha party of Chinese Revenge Quicer $10,000 or 12 months by Mr. to the question of cradi-sintioned themselves at the Ton J. Reynolds at Central yester

nochy Plee at am. on July 1.

day, At about 6.20 não, a sampan

Inspector H. B. J. Brown cal arrived alongside the Praya well that a Police party with Sub,

to find the name of the client/ev on any offence on the and a chinese got off and en. Inspector C, L. Smith in "charky'

the

might be brought to him by wan no surname "Lo to be found, measures by bringing an ACHON | fondant, receive two packagas, trom Flying on the floor. Ope, of them

to Mr. Silva's office about mid-request, he put down the receiver bility in the present case, couns night and told first accused that and eventually got hold of the stated: "Ask yourselves whether he felt he had some responsibility ale relating to the manslaughter. over Mr. Choy after having in-case, which at the time was be or not it is safe to convict any only such case pending. He tried

of Cowle

a shop apposite the ipler.

After a few minutes he return-raided the Tung Shon Hotel o What do you know of Cowle?

1a.m. on August 1. On enterin ed to the sampon and raimute concerned, but could only: Bud

60

fifth floor the address and phone number police officer kicked out of the or so later defendant came out spector Smith found everol

Cecil Hotel, No. 81083. There police

force

for taking a bribe. and fled the zaNPAD." 4 man who takes to vindletive The

Oncers saw de-copper tubes about 16 inches lon

was hot to the touch." Inspector the government Witness said he then rang up against

- also noticed sused expressed surprite as the hotel in question and asked wrongful dismissal, and who has someone in the sampan and then Smith

she started to return to the shop electric light plug had been dis- this information.

for Mr. Choy. A voice replied the temerity to allege in the with the two packages,

latter" wak out, and action that the $80 bribe was in Witness stated that the further that the

She was stopped in the mad manuel from the socket and Code Was mit that I on hlin by two senior way by the Revenue Ofleers who electric soldering iron.

Iring on the usted her what was in the package pared to say more about the mat was in Witness then asked to bofice

Further search of the room as to which side but she could only reply "Yom

revealed 100 tanis of oplum hid- The

packages

were opened and den in various places."

Chau said that the oplum di the onlum found Anddo." She was

Mr. Choy, in connection with but only that of Mr. Choy. -Mia Ohrung's' case. First 'ac

for

told Mr. Silva he was not pre- stated that only one

"Mr. Tem" factury, was Cha" (drink 300

ter, but that he felt suspicious speak to Mr. Tam.

of Mr. Choy. First pecused sald

Bir. Ma went on to say that was

The

he would chock up on this, add he then asked to speak to Mr. raised in

anything irregular he

he

fiction: Cowie or

the sup

the special

Counsel further

MOTOR JUNK MASTER FINED

ing that if he should discover Tam, and the voice Identified Mr. Jolilistón and Mr.

Witness That was

be then taken to The Trade and not belong to him and added that. a friend had asked him to place! Withdraw from the case would himself as Mr. Tain.

told the voleo that he wanted fore

by the Commerão. Department doe in the oplum in the tubes and solder -examined by Crown to tell Mr. Choy something, to Judge. The answer came back: Fire Brigade Building and charged. them up. Counsel. Mr. Chen depled that which the voles enquired whether the perjury was, Collated that called to the wliness box to give Several Revealse Omicers Tvera the business to Mr. it was in relation to a motor ne Suya gnier to get the present client. On being told in the Mr. Cowie starts off as Laker of evidence of defendanta arrest, for his girl friend.

affirmative, the voice replied: "It bribes and a liar as the first wife see which the case was ade Mr. Hooton then asked if the would be all right to toll me." ness of the prosecution. Jury, Journed until today. Best accused had promised a pre-

Witness said he passed on the he said, will recall that da, answer

On two charges of attempting" sent for witness girlfriend if message to the person at the to Mr. Sheldon's questions, under

to export 21-druins of fuel gilja, wliness came to give evidence on end of the line and asked him cross-examination fr. Covis this Mr. Cowie in which he said ha

prohibited commodity, and tinmanifested, cargo, his behalf in the present case, to pass It to Mr. Choy to Inform admitted that his evidence in this was expecting Mr. Silva all along carryin This Mr. Chen denied. He also the "Mr. Lo".

Court is "of the same standard on May 31 when Mr. Tam show- Fuse Chuen master of motor replied negatively to a suggestion

At this stage, Mr. 34s asserted of veracity" al that given Tn the edge instead this house, Mr Junk No. MUST was fined $4,000 that he himself was going a that apart from this episode, he action brought by him

which Almada anked the jury how it by Mr. F. X. d'Almada et Kow- present for giving evidence. had nothing else to do with this talled.

dark could be said that Mir, Silva was loon yesterday. Crown Counsel then asked wit-particular case,

Under cross-examination, wit

**And I submit you should treat expected when Mr. Tom Cashman When the police boarded de ness 'If he was an opium"stooker: by any chance, to which Mr. Chen mess denied he knew that Mr this in the same way as the other of the palice, hidden in a bedroom fendant'e junk off (shek Kati Chau

Jury treated the evidence

nce given and peeping through Brolin, on Wednesday they found the fuo answered in the negative. Qiles. Lo And Mr. Tam ware tha, same by Cowie in his action, he recorder idk be prepared when of baking power su 10.1

he gave a signal for the wire all, 14 crates of apples, ip cartogr Honed on the mentioning of the person in this

maiter. names. "Harris" and "Cowle" dur-Alter Maevidence, the jury d'Almada then dost briefly all he saw was complete salted pegetables and two crates ing the interview between. Mr. asked the Court whether Mr. with some aspects of the evidence) stronger (Mr.:tam)>walking:inte ( of assorted commodities all un- Silva and Me Choy, witness as-Silva was told by Mr. Cowie the serted that his recollection of name of his landlord.

wie the

|added.

webebus manifested. : With the exception of mapiloned 1: that the fuel oil, which defendant Call

{he house.. concerned, in the course Counsel Hero man which he asked the jury whether

of that. Interview. Was clear. And witness box for this pinpdio, Ikup in the Ight of his submission during 'cross-exaralaätiön of "ME was for his own use, all other that the two names remained; in i accused said the impression he go? |they omild any Cowie was a re- Silva, Mr. 489ton had dosoribed | goods were 'ordered comiscated by

his memory ever since,

was that Mr. Cowie wit the sub Counsel: I suggest to you that tenant of a principal tenant, whellable witness. the name of Cowie was never was tenant probably of Credit mentioned in the interview. Foncler

Witness: I heard

suggest that you have come along

deliberately to give. Iálse ) evidenco la Court-As citizen of Hong Kong, I feel in- cumbent uponimo to

1.the- ward and tell Court

In what sawiend

Mr. Chen

Chen explained that be would not do

ho

||88) bad, KULANETŐ!". Crown Coup-

he were prezcated nim of mangy

Aukod why he had to warnɛMr. Bilva about witness browtht by Mr. Choy, witney replied they he

UNEMPLOYED SENTENCED

Mr. Cowle, as a rogue and a. the Magistrate Turning to the part of the evi-mat

ad this gnithat:nlar Bir deuce which shows that a defence PR

withes Chiado AAmjada Reme d'Almada docidred Closing speech a

He went on to inquire as to diók, sister of an ertleled clerk at

Fleading guilty to's charge or After a five-minute adjourn. Silva's office), went to Mr. Cowie's what there was in the whole of ment. Mr. d'Almada delivered place on one occasion with a card thanteric fans, ofthe wires obtaining money by fallen u his closing speech to the jury, bearing message from her recorder telephone conversations

unemployed, Was köttanced nombre it broth about an appointment, Between hir-Silva add Mrs Cowl fences You Fin-sum, alias Vu unfortunate that, by the rules Mc. d'Almada declared that when upon which it could be said that

Miree months' impri of practice and procedures Mr. Cowie confighted by her it is inconsistent for shared by Dr. Winter at Bowlpon Counsel for the Crown follows in Court, he says he has not veen gase and consistent with, hei

sonment After 2 gying "4broilál í söme:* of his closing address to the Jury, her before,

the contiger ond thoughts, Counsel said he duggested Man Atur his wvidence, however nothing crown case the jury

In the Aranioti Mangoes home and thinks it ports the

made it necessary for.

anticipate the

Crown, Cournéet ›

make, ho da heville Zhifrien¡fz; "|-cannot; Jet ("Judge that the piece; 4

to

Before he turned, to the facts, Mr. d'Almada, said he would first ind recall, that at the end of the CRES

for the veropyn, Bulimia Toni

over, counsel; went on. Then | jje (said, would yes told

the Jury think I told a „10" 39 capables

-he comes back the next day and says he remembera peting

ubatorday, to brdated · lo be ex

that

three

The co

Who wis

105.1876-

by ph

Royal Air Force. Ip

this promise he was said

identity, engda

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