In your letter of March 31st you forwarded to Mr. Dixon on agreement with a memorandum of cancellation endorsed on it: why did you do this ?-Because after what he had admitted to me on the 26 March I thought he would be pre- pared to cancel his agreement and leave the Colony.
In your letter to your brother you said, "I shall see he does not practise here ̈ ́?—I did.
You cancelled the agreement and wrote your brother saying you would take care he did not practise here. Was that in the interests of the profession, or in your own interest?-I intended to rely on clauses in the agreement.
Is it not a fact that these proceedings were taken in your own interests, simply because Mr. Dixon would not run away as you wanted him to -I have said they are taken in my own interests and in the interests of the profession.
On March 26th you say he was not a desir. able person to stay in the Colony how is it you allowed him to have a joint power of attorney with yourself, given by Captain Le Peake, and to have $65,000 put in his posses – sion?-On or about March 26th Mr. Dixon came into my office with a man named Captain Le Peake, whom I had never seen before, and said that the Captain was desirous of giving him (Mr. Dixon) a power of attorney, to sell certain shares. I knew nothing about the matter at all, but I said that if a power of attorney was given. my name should be put in it. I understood the client wished to give the power of attorney to Mr. Dixon. I was not aware that the latter had any scrip at all in his possession, and did not know it until he left the office.
What was this power of attorney for ?—To negotiate for the sale of certain shares.
Then what would be the good of a power of attorney unless you had the shares in your custody -I did not know where the shares were. You trusted Mr. Dixon entirely in this
matter?--I did not trust him at that time,
Was it in the interest of the client that you left this matter in the hands of Mr. Dixon- The client gave his instructions to Mr. Dixon. I could not tell him that he must not do any thing of the sort, because Mr. Dixon was still in my office.
You took no steps whatever. except to have your name put in the power of attorney?- That is all I did.
You did nothing then to protect your own client, and let ar. Dixon have that 565,000 worth of scrip?--I had no idea what the value of the scrip was.
Did you look at the power of attorney?—I ay have been shown a draft of it. but don't ally remember. I don't think the shares are aleable on this market. The company is called the Messageries Cantonaise.
Were not these shares in the company run. ning the French steamers to Canton-I have no personal knowledge of the matter. I think it is very likely that is so,
If you have no personal knowledge, how do you know the shares are not saleable in Hong- kong? I know the name of the Company, and the shares are not quoted here. They are not in any share list in this Colony as far as I am
aware.
On February 2nd you say you had an inter- view with Mr. Hung, your interpreter ?- I did. Did you ask Hung for any instances of the alleged embezzlement?-Mr. Hung came to c and told me that Mr. Dixou had been in the habit of obtaining costs from clients, paying portion into the office, and taking portion himself.
Answer the question first, and give explana tions afterwards-I did ask him. Hung also informed me that Mr. Dixon had been in the habit of giving him portion of the monies received.
Did he give you any instances?-He did not. Did you ask him for any I did. He refused to give you any -He did not give
me any.
Why?--He said he was unable to do so, and I came to the conclusion that he did not wish to do so.
In reply to the Chief Justice, witness said that Tan Wing Kwong, his interpreter, told him that Mr. Hung had given him (the in- terpreter) information about the matter, and witness told the interpreter to tell Mr. Hung to come and see him,
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HONGKONG WEEKLY PRESS AND
Mr. Calthrop--Did you make an entry in your diary about this? I did not.
Dil you ask Mr. Huug later on for in stances-I did.
When? Within the next day or two. How many times did you ask him?-Once or twice.
Were you successful in getting information? Mr. Hung gave me no assistance whatever. Had he then left your employment?—Yes, he left my employment on 31st December, 1908.
Where did you see him on the first occasion ? -In my office.
And on the other occasions? - In my office. Did you send for him? He either came or I sent for him.
Did you
make any note-Not in my diary. Although this was the foundation of your charge you kept no note? I did not say I did not keep a note.
When was the last date when you tried to get information from Hung? Within two or three days of February 2nd.
Were you trying to see him after February 2nd-No.
Did you make any effort to get into com - munication with him later ? - I did not.
Has your interpreter been in communication with Hung? I believe he has seen him many
times; they are friends.
Was he seeing Hung on your behalf ?—No. Then why did Tam file that declaration of June 11th-When Wong Hiu Tung
made his declaration in this case he said in that declaration that he had paid $500 to r. Dixon on a certain date, and that Hung Kam Ning was present at the time.
I told my interpreter to go and see Huug, and ask him whether this said Hung said it was correct. was correct or not. Tam returned to me and
A
Then you were not correct when you said
Tam had never seen Hung on your instructions? -You asked me whether I had instructed Tam to see Hung with a view to getting him to give me assistance in the matter.
The Chief Justice-I took it down this way, I have seen him many times, but not on my behalf.”
Witness - I told him to go on that occasion. Mr. Calthrop-On Saturday week you told him?-Yes.
Š
And until I put that declaration to you you did not remember that he had gone -No.
Why did you write that letter of 31st March? --Because Mr. Dixon asked me to reconsider the matter. I did reconsider it, and I wrote him the effect of my determination on March 31, You don't say in your letter that Mr. Dixou asked you to reconsider it ?--I did not.
At the interview of the 26th March, did you tell Mr. Dixon that he must leave?-I told him I thought it was impossible for us to keep him in the office after what had occurred.
Thero was no question at the interview of leaving the matter open--He asked me to reconsider the matter, and to give him another chance.
And you refused ?—No, I said I would think over the matter.
Did you tell us that before I don't think I mentioned it.
You were giving a detailed account: was it not most important that you should have mentioned that—I don't think it was.
I put it to you that you never undertook to reconsider the matter?-I did not undertake anything.
When did you think over this matter? Immediately after the interview of March 26th. Had you made up your mind by the 31st? Yes.
Do you suggest that Mr. Dixon did not keep his diary properly?-He did not enter in his diary two attendances at the Police Court in Wong Sui Po's case.
Do you suggest in face of that entry of the 14th, mala fides on the part of Mr. Dixon ?-I say he did not enter these two attendances.
Do you suggest mala fides?--I don't know. The Chief Justice-In view of that entry, do you suggest there is still a possibility of mala fides in connection with that attendance? ---There is the fact that he did not make any entry of it.
The Chief Justice-It is not compulsory that the diary must be kept by Mr. Dixon in his own handwriting-He can dictate his entries if he likes.
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[June 21, 1909.
Mr. Calthrop-Is it not usual when a case finishes quicker than expected to take less than the price agreed upon? You can have your pound of flesh, but sometimes you can take less?—Yes.
At the interview with Mr. Dixon on March 26th, did you tell him that Hung had made a confession-I told him what Hang had told me.
Didn't you say,
Hung has made a clean breast of it? "I don't remember using those
words.
46
Did you say that Hung was implicated P-I told . P. Dixon that Mr. Hung had told me that he received portion of the monies.
Did Mr. Dixon ask you for particulars of the monies which you alleged he had taken ?—I told him they would be furnished to him later.
Why didn't you supply him at that time ?- Because I did not see the necessity of doing so.
At that time you had the cases of Wan Hi and Gulab?—Yes.
Why didn't you point them out to him?- Because he admitted having obtained money.
Did you call Mr. Dixon in for this interview with the idea of obtaining a confession from him?-No.
Then what did you do it for?—To put the matter to him.
If you were going to put the matter to him, did you not expect that he would make some important statement with regard to it ?—I did not know what he was going to say.
You put the matter to him, and Mr. Dixon denied it and went out. Then you called him back and said you had enough evidence to prosecute him. Why did you say that if you did not want to get a confession I called him back to say those last words.
Is it not clear from that that you meant to get a statement out of him ?—No.
Is it true you said to him at that interview on 2nd April," Well, Dixon, are you determined to fight me The words were very similar to those. As far as I remember, the words I used were. If you wish to fight, we must fight."
Did you say,
If you won't go away, I shall
**
ruin you"-I did not say so.
Did you ever use the word ruin in the interview I could not be quite certain whether the word ruin was used in the interview.
Did you say Mr. Dixon would cut into your business if he practised here? I might have said so.
Did he say he would not do you any harm? I believe he did. He proposed that he should not interfere with our clients.
**
Did you go on to say, What will all the other solicitors in the Colony say if I allow you to practise "Yes, I might have said that.
At this stage the Court adjourned for tiffin, and on resuming the cross-examination of Mr. Hastings was continued:
Since your return have you reduced your staff-I have not reduced my staff. Two of my clerks left me, and I took others on.
Have you reduced the expenses of your staff? -Mr. Price, my shorthand writer left me. I was paying him $220 when he left, and I have taken another man on in his place.
What are you paying the man you have taken on-$100 a month.
How long have you had this other man?-A few days. I have been trying to get one ever since Mr. Price left me.
Who else has left your service ?-Hung Kam Ning.
What was his salary ?-$200 a month. Have you replaced him?--Yes, I have taken ou two since he left. First I took on a man called Chung.
What do you pay him-875.
Who else did you take on ?-Another Chinese clerk whom I pay $20 a month.
Then you are saving roughly between $200 and $250?
The Chief Justice-One must not necessarily go into private details.
Mr. Calthrop-I have no desire to, but I am suggesting that there is not so much work in the office as there was sometime ago.
The Chief Justice--Don't press it. Mr. Calthrop-When Hung left, did Mr. Dixon suggest that Lo Chi Sau should come in his place? I believe he did.
Did you speak to Mr. Tam about it?—I did. And didn't Tam say if Lo came he would resign?—He did, and Hung informed me on February 2nd that Lo Chi Sau was in with Mr, Dixon in this matter, and had been assisting him.