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unless he gave me a detailed account. Mr. am acted as interpreter.
The Chief Justice-At that interview was there an account drawn up and dated ?—Yes, a general account.
Ree
THE HONGKONG WEEKLY PRESS AND
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Proceeding, witness said he went to Mr. Hastings at the beginning of April and Mr. Hastings paid him $10.00 Then he compared the account he had received with his books, and found that the $500 he paid on
{ Witness July 23rd, 1908, was not accounted for did not get any receipts for the loans he made; to Mr. Dixon, but he entered them in his book.
In cross-examination witness said he made a declaration on June 6th, which was interpreted to him, and the contents of which were true.
Is it true that you paid all the sums of money in respect of costs amounting to over $14,000 to Mr. Dixon? No, not all of them.
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When you were giving Mr. Hastings in. stractions for that declaration, who acted as interpreter?—A man wearing spectacles. A¦ new man at the office. I don't know his name.
Did not Mr. Hastings take the instructions down for this declaration? You
How did you come to make this affidavit? - On account of the accounts not being correct.
When you found these accounts were not correct, what steps did you take? I saw Mr.! Hastings and asked him why the $50 was not
accounted for.
When was that?Sometime about May 18th. What happened at the interview with Mr. Hastings about that date - I said 5 0 are not accounted for, and told him I did not get a receipt for the money.
wanted to drop the matter, but Mr. Hasting insisted that I should, come here and give evidence. I said I did not wish to give evidence against Mr. Dixon, as I was very thankful for the way in which he had conducted my case,
Did you agree at that interview to make a declaration-Yes. He told me to tell him everything.
Was the declaration drawn up at this inter- view-No. I went to Canton, and on my return about June 4th this declaration was drawn up.
Is it a fact that you went away on May 18th having expressed your willingness to make the declaration, and returned on June 4th to make it? Yes.
In the meantime had anyone see you about. the matter -- No.
During that interval had you received any letter about the matter? One.
From whom?—A friend of mine, Lo Lai Chun.
a clerk in
Who is Lo Lai Chun-He's Messrs. Deacon, Looker and Deacon's.
How long have you known him-For a number of years.
What did he say in this letter?-Just asked me to return to Hongkong.
Had Lo Lai Chun been in communication with you about this matter before -- No.
Did he say in the letter what he wanted you to come down for --No.
When you arrived did you go to sec Hastings-Yes, with Lo Lai Chun.
Mr.
What happened at this interview on the 23rd or 24th May?-I asked Lo to interpret to Mr. Hastings, and asked him if he could deduct some of the costs as they were very heavy.
Did at that time take the bill of costs
you with you -No.
What did Mr. Hastings say? We can con-
I'll see about it.' sult about that by and bye.
When did you next go back to Cantou? -By the next night boat.
When did you next come back to Hongkong About June 3rd.
Why? Because Mr. Hastings wanted me to make a declaration.
How did you know that?--I was informed by a letter from Mr. Tam, of Messrs. Hastings" office.
What did you do on the day after your arrival - I went to Mr. Hastings office.
What time did you arrive there ---I haven't got such a good memory as all that. I forget.
When you got to Mr. Hastings office what happened I was asked to go to Court to make a declaration.
Who did you see?-Mr. Tam. Did you see Mr. Hastings? Yes.
Was anyone else present?—I didn't see any-
one.
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you,
Then Tam and Mr. Hastings were alone in the room -Yes.
Were the instructions for the declaration taken at that interview ?—Yes.
Who acted as interpreter-Mr. Tam. It looked very much like him, anyway.
At the interview on the 4th was anything said nhout the costs in the Renter, Brockelmann | action-I told Mr. Hastings I'd like him to make them less, and he said, “ I'll consider that." Have you been paid anything with regard to these costs since April 15th?
-0.
In the exhibit of your declaration there is a list of the monies paid to Mr. Hastings in the Renter, 4 rockelmann action ?... Yes,
Are the dates of those payments correct?— Στις
Do you say you made a payment of $25 ou 21st March. Yes.
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And on September 13th do you say you made payment of $1.500 -On May 17th, 1907. Do you say you made a payment on October 3rd. 19072 Yes, and I have a receipt for it.
Mr. Potter--If I may intervene. I think there's some confusion. The English receipts i speak for themselves,
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Witness explained that the writing in his book was in short running hand, and the entry might mean either the fourth or the righth moon. The Chinese writing on the back of the receipt showed four clearly.
Did you pay $350 to Messrs. Hastings and Hastings on the 6th day of the 4th moon? Yes.
Did you pay $2,000 on the eighth day of the 12th woon (30th December)? - Yes.
How do you explain that the receipt is dated 11th January-As the office was closed on December 30th the money was not paid till after new year. I did not pay the amount personally. At this stage the court adjourned for tiffin. On resuming the cross-examination of Wong Hiu Tung was continued.
You say that you paid Mr. Dixon $50 on the 23rd July?—Yes,
What day did you come to Hongkong for that purpose? The same day.
When did you leave Canton? the 22nd.
The day before
Do you know that as a matter of fact you attended Mr. Dixon on the 22nd?- No.
Didn't you on that day have an interview to discuss the question of a new trial? I remem• her speaking to him about that, but I can't say when.
The entry in Mr. Dixon's diary was trans- lated for witness, and he said he remembered it It was always his enstom, however, to pay an amount in on the day of his arrival.
Did you have a detailed account of all the items in Messrs. Hastings and Hastings bill of costs sent you?—Yes
Where is that account? In Canton.
Did you notice an item in it." Attending you on 22nd July? I can't say.
Were you not, with the assistance of your friends, carefully checking this bill?-Yes, and the item of the 22nd was mentioned.
Did you object to it?-The only thing I spoke to Mr. Hastings about was the omission of >500.
Then as far as you and Mr. Hastings were concerned you accepted that item of 22nd July as correct? Yes.
you pay
that $500?-
What time of day did In the forenoon.
This case of Reuter, Brockelmann's went to the Full Court ?—Yes.
And after that do you not know there was a further appeal to the Privy question of Council? Yes,
Did not Mr. Dixon ask you for further costs in respect to that appeal?—Yes, that was the $2.000 paid on January 11th.
As some $4,000 had been paid out of Court to Messrs. Hastings and Hastings did you not think it was unnecessary to supply any more?
Yes.
In consequence of this did not Mr. Dixon supply you with an interim account? - Yes.
Was not that account in Chinese as well as English?—Yes.
And that did not show that 35 0 had been paid on July 23rd-In that account there was a deficit of over $2,000.
The Puisne Judge-Do you mean that you were credited with $2,000 less than you paid?—
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(June 21, 1909.
was not credited with over $2,000 which I had paid
Mr. Calthrop Did you make any complaint?
to Mr.
and -I complained
Dixon
the interpreter.
Did they give a satisfactory explanation?- No. They said they would see about it by and bye,
What did you do then?- I paid them $2,00 for costs of appeal.
were dissatisfied with the Althoug you accounts? They informed me that a full account would be rendered afterwards.
The Chief Justice --- Which items were omitted? -- I can't give any particular items.
Did you know the items at that time?—No, Mr. Calthrop-Do you say the account was subsequently rectified? -Yes.
When Somewhere about the time I was paid the $10.000.
Before the account was rectified you paid another $2,000 ?--Yes.
How do you mean rectified; were you properly credited-Yes.
Did you ever tell Mr. Hastings about this deficiency? He was absent at the time.
Are you sure Mr. Hastings was absent when you got the account?-He was in the Colony.
Did you complain to him in November when you got the account?—I did not.
Did you complain in April or May when complaining about the $500-No, because the account was already rectified, and the only mistake was the $500,
In the interim account did the item of $25 paid on 25th March appear? - Yes.
The Chief Justice-He says there was mistake of over $2,00 in the account and it was rectified. Does he mean that?
Ele
Witness When I was paid the account was correct with the exception of $500,
Mr. Calthrop-In the first account were items
firm made by your of payments
given you?-No.
What items in the detailed account were
omitted which you say you had paid?—I did not verify the account because I was told it would be settled by and bye after the appeal
came on.
You had the account in detail, you had your book and you had receipts, and yet you say you can't point out what particular items were not included? - Mr. ixon admitted that the $2,000 odd were in the bank, and that he would rectify the account by and bye. He was not sure which bank the money was in.
Are you sure he said that? Yes.
When was it you first complained to Mr. Hastings about the 500-Sometime after I received the $10,000.
Did Mr. Hastings then go into the whole matter of the accounts with you ?—No.
When he saw you about making a declaration did he not go carefully through all matters of payment and accounts rendered?--Yes.
ud why did you not tell him about the deficiency in the account delivered in November?
-I did, and I showed him the bill.
And yet you did not put a word about (his in your declaration?—I did not, because the only mistake at the time was the $500.
You say that Mr. Dixon asked you for a loan of several hundred dollars -Yes, in January, 1908.
How many hundred dollars did he ask you for?-$200.
Did you agree to lend him $200 ?--Yes. Was there any arrangement as to payment of interest --No.
How did you pay it?-Two notes of $100 each. Did you ask him for a receipt?—No. Why-I was very pleased for what he had done for me in the action.
Yes.
On the same day you paid $2 0? Did Mr. Dixon give you a receipt? - Yes. I put it to you that on that day you saw Mr. George Hastings, and that he gave you a receipt I did not hand any money over to Mr. Hastings, I paid it to Mr. Dixon, and Mr. Hung acted as interpreter.
Do you know the signature on the receipt is that of Mr. George Hastings?—No.
Mr. Potter said the money was entered in the cash book in Mr. Dixon's handwriting.
lend Mr. Ar. Calthrop-On May 5th did yon Dixon $150?—Yes.
He
Why? Because he was acting for me. asked for it and I advanced it.
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