June 21, 1909.]
In what matter?-In the matter of misap- propriation of monies.
Did you tell Mr. Dixon that Lohi Sau was in it? I did.
Witness was then re-examined by Mr. Potter: I want to refer you to the letter written to your brother on March 27th.
You say in one
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CHINA OVERLAND TRADE REPORT.
In his room ?--In the solicitor's room,
You said you had brought the money?-Yes. And you handed it over to him?--I handed it overto Mr. Tam who handed it overto Mr. Dixon. Did this take place in Tam's room?-In the solicitor's room,
mediately handed it over to Mr. Dixon who put it in a drawer.
Why didn't you pay the money direct to the part of it, "The thing is all the more inexplic-solicitor? It was given to Tam who im. able as he says he was not hard up, as he had money in the bank at the time, and he has $4.00 on mortgage.“ Did he say that? the interview on 26th March· Mr. Dixon said to me he had a balance at his bankers all the time. He did not say anything about the $4,000 advanced on mortgage, but I knew that of my own knowledge,
You say toward the end of the letter. " I have made him pay his balance as Kwok Pui Chi's trustee in bankruptcy into the firm's clients' account."-Mr. Dixon was appointed trustee of the bankrupt's estate by the Court, and after my conversation with him on March 26th ascertained that he had a balance in his account as such trustee of about $1.100, and on. I believe, the 27th March, I requested him to pay that balance into the firm's clients' account.
which he immediately did by drawing a cheque in favour of my firm.
A good deal has been said as to why you brought these proceedings. Have
you taken any step throughout the whole course of them without consulting your solicitor? I consulted Mr. Wilkinson throughout the whole of these proceedings before I took any stop whatever.
Mr. Calthrop-I put it to you that Hung Kam Ning was the foundation of your case: is that 80?—Mr. Hung was only the foundation of my case in this sense; that he gave me informá- tion on 2nd February. But he gave me no furti ar assistance whatever, and no details of his charges.
Before you entered into the new agreement with Mr. Dixon, were you aware that he was living with a European woman ?--I had no idea that he was before the agreement of April 15th
was entered info.
When did you first know that he was living in this way?-When I received a letter from my brother while I was at home.
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Why didn't you hand it direct to Mr. Dixon? -Because I did not understand the lingo.
Didn't you say to Mr. Potter that you hand- ed the money personally to r. Dixon?--1 said I handed it over to Mr. Tam and that the three of us were present at the time, The Chief Justice-He said he handed the
money to Mr. Dixon in the presence of Tam.
The Puisme Judge--The interpreter used the word personally.
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Did you make a declaration on this matter on May 25th? Yes. I came to the Court.
Was the declaration interpreted to you?--Yes, Did you understand it --- Yes.
Is it true what you put in that declaration? It is true. Declaration was handed to witness, and a portion read.
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FOURTH DAY.
523
Wong Hiu Tung was the next witness. He said he was managing partner of the Kwong Hing Cheung firm of Canton. In April, 1907, his firm brought an action against Messrs. Reuter, Brockelmann and Co. Messrs. Hastings and Hastings were his solicitors, and Mr. Dixon
the action large sums were paid to Mr. Dixon in took instructions. During the continuance of
respect of costs. Some of the amounts were paid over by his firm's agents here. Witness made entries of the payments made, about the time be made them. He remembered being in Hongkong on July 23rd, 1908, when he went to the firm of Messrs. Hastings and Hastings, where he saw Mr. Dixon. On that day he paid the defendant $500 in respect of costs. He paid that amount because he was told to bring it when he was thero ou a previous occasion, either on the 18th or 19th July. Mr. Hung was pre- sent when witness paid the $50, and he acted as interpreter. Witness handed the $50 to Mr. Dixon in bank notes, and asked him for a receipt. He said, "Some other day will do." Witness produced his book containing the entry of $500.
Mr. Potter-I will put that book in. The Chief Justice-Under what?
Mr. Potter- In the ordinary way, as a book
Witness I handed the $30 to Mr. Tam. Then the declaration is not correct?=How | kept by Mr. Wong.
is it?
The Chief Justice-You cannot put it in
The Chief Justice-Point out to him that he | under English law. declared he handed the money to Mr. Dixon. Now he says he paid it to Vr. Dixon.
You paid the balance to Tam who said no¦ receipt was necessary? Yes.
the book were you not suspicious? No.
When you saw the money was not entered in
Why didn't you insist on a receipt ?—I asked for a receipt and they told me it was unnecessary. I did not know the law and I went away.
When did you next see Tam ?The day on which I made the declaration.
inspector of police sent for me.
Did Tam see you at your shop? -The chief
evidence in this case ? No.
Didn't Tam first speak to you about giving
Weren't you frightened when the policeman came for you? ---Why should I be afraid? paid all the money.
You know what you were going for 2--- Yes, Tam told von ? No. Who told you? -The chief inspecter. Witness was questioned as to what took place at his interview in the hief Insquetor s Office. is statement was taken down in writing and he signed it.
going up there?—No.
Did you ask for money for your trouble in
Do you think it would be a good thing for a partner in the firm of Hastings and Hastings, or in any firm, to live with a European woman? -I consider it would be prejudicial to the in terests of my firm, and for another thing. I think it brings a had class of business to a firm. Wan Hi was the next witness, He said he was the manager of the Kwong Hing Lang firm of fruit merchants. In January last when a friend of his was charged at the Police Court, witness engaged Messrs. Tastings and Hastings to act for him. Mr. Dixon was the man he saw. and it was agreed that witness should pay 854 for the case, 830 down, which he paid. Tam acted as interpreter. Witness asked for a receipt. | but Mr. Dixon said it was not necessary
the handing over of
the money WILS sufficient. A few days later witness paid the remaining 20. It was just on closing time, and Mr. Dixon put the money in
Do you remember what you saw him about ? a drawer and went out.
It was not munch-only this affair. The date Witness asked for a receipt, but Mr. Dixon said it was not necessary. | day the case was finished.
I engaged a solicitor, the money I paid and the Then he left the office, accompanied by Tam, and witness followed them out.
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Cross-examined-When he paid the $30 over to Mr. Dixon he saw him make an entry in a book.
What book was it? - The shroff entered it. You saw the shroff make the entry?—Yes. Question repeated-The solicitor made the entry and the money was handed to the shroff. Did Tam tell you a receipt was not necessary. -Yes.
You paid a subsequent $20 ?—Yes, You don't remember the day?-At 4 p.m. on the 14th January.
Was
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Did anyone promise you money?—No, Did you see Inspector Hanson after that in- terview on February 23rd ? - Several times
When did you next soo him? – I don't remem- How can I remember what happened a few months ago?
lær.
Mr. Potter-If there is any question as to its correctness, or my right to put it in, I won't press the point.
The Chief Justice-Do you put it in under English law?
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The Paisne Judge-Or under the local Or- dinance?
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Mr. Potter-I can put in a hook kept by a firm in the ordinary course of business.
The Chief Justice-It is not a banker's book. We are very doubtful if it can be used as (evidence.
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before this year? --- No.
Have you ever had to see the Chief Inspector;
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After you made the declaration you saw Mr. | Hanson several times? -Yes.
Was
On each occasion it was about what contained in the declaration?—No.
What else was it?-I was told a solicitor wanted me.
time? To this extent.
You were questioned about this affair each!
I was told not to go away as I might be wanted. Why should I be ufraid? I had paid up the money. done something they might not have got me so easily —(laughter).
If I hnd
The police watched you very closely ? - Yes! they even took their meals at my shop-
Witness Doesn't
your Lordship think it I disgraceful to watch a business man like this? You had a lot of trouble over this? Yes. Do
you expect to get paid for the trouble you have had? I don't know.
Didn't you say before you did not know į (laughter), whether it was the 13th or the 14th-Well, if it wasn't the 13th it must have been the 14th.
Were you sent for to pay or did you go your. | self to pay? I went myself after the case finished.
Who told you the case was finished - The defendant came to my shop when he was let off. When you went to Mr. Hastings the second time did you go straight to Mr. Dixon's room? -I looked into Mr. Tam's room. He asked me if I had the money.
You went to Mr. Tam's first?—Yes.
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The 'hief Justice- Is your friend going to pay you back? He has already paid me.
Did you know what all this was about ? -- I wa< cailed here to-day on account of this money which was handed over and not accounted for.
Did you think you were going to gain by it — No.
Mr. Potter-1 do not for a moment wish to press the point. (To witness)-Is there any entry referring to the 23rd July?
The Chief Justice-That is the same thing. Mr. Potter-The witness can refresh his memory.
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The thief Justice-1 man is not told by counsel to refresh his memory. He says, " May I refresh my memory from the book..”
Mr. Potter--What your Lordship means is that as he is certain the money was paid it is not necessary to refresh his memory?
The Puisne Judge -You had better ask him if he is quite certain.
Mr. Potter-Are you quite certain you paid $500 to Mr. Dixon for costs on July 23rd, 1908?
Yes. Proveeding, witness suid he had received a statement of account from Messrs. Hastings and Hastings, but the payment of $500 was not in the bill. During the continuance of this uction he had made loans to Mr. Dixon, who asked for the loan of several hundred dollars. The first loan was made on the 27th January, 1908.
The Puisne Judge. I don't know if anything turns on that. but you had better let him tell his own story as plainly as possible.
Mr. Potter-Where did you make the loan ou 27th January? -At Hastings and Hastings' office. I paid 500 costs, and advanced a loan of >20** to Mr. Dixon.
What was the next date that you made a loan to Mr. Dixon? -On May 5th, 1908.
Where? I handed .r. Dixon $150 at Messrs Hastings and Hastings' office, and paid 8350
costs.
Did you make any other loans to Mr. Dixon?
Yes.
When -On June 23rd, 1908, when I advanced him $200.
Did you give Mr. Dixon any other loan?- On the 29th June I handed him $200 at his office, and paid $3,500 costs.
Did you in april of this year come to see Messrs. Hastings and Hustings ?—Yes, sometime near the beginning of April, when I called to ask for my money in the action.
Whom did you see there ? Mr. Dixon. What did you say to him?- I a ked him to pay me the meney dne and to render au account --He gave me a general account, but I pressed him for a detailed account.
A detailed account of whrt - In the action in which I instructed him. Mr. Dixon wanted to pay me $10,200 odd, which I refused to take
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