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June 26, 1909.]
THE ALLEGATIONS AGAINST A SOLICITOR.
FIFTH DAY.
The Full Court (their Honours Sir Francis Piggott, Chief Justice, and Mr. H. H. J. Gompertz, Puisne Judge) on June 21 resumed the hearing of the case in which Mr. C. F. Dixon was called upon to show canse why he should not be struck off the roll of solicitors.
The application was made by Mr. Eldon Potter, who was instructed by Mr. C. Wilkinson (of Messrs. Wilkinson and Grist). while Mr. Dixon was represented by Mr. H. G. Calthrop, who was instructed by Mr. J. Scott Harston (of Messrs. Ewens and Hurston).
Charles Kent, cashier in the office of Messrs. Hastings and Hastings explained the system of. book-keeping. They kept a costs account and a clients' account, all money received for the cost of the office went to the first named and all money received on behalf of clients went to clients' account. The accounts were kept in separate banks. Money was sometimes transferred from the clients' account to the costs account. A ledger was kept for the clients' account, but no ledger was kept for the costs account, so that money paid by clients to costs account would not appear in the ledger. When money was received it was entered in the rough cash book with a note showing to which account the money was to be placed. He remembered when Wong Hiu Tong called for the interim account. That was about 1st December last
Mr. Dixon told year. him to make out an account, and to make a copy of the ledger (produced). The items paid by clients to the costs account would not appear in that account Costs paid direct to the costs account did not appear in this account. items paid by the Kwong Hing Cheung to costs did not appear in the first statement. One referred to a sum of $25 paid on March, 1967. $300 paid on 29th April, 1907. $400 paid on 6th June, 1907.
you
Certain
The Chief Justice - How do know this? Witness On comparing the two accounts. The Chief Justice Do the lump sums on the credit side of the first account appear as lump sums to the credit side of the other account?
Mr. Potter-Yes, and others besides. Mr. Potter-What is the next sum? Witness-500 paid on the 27th January,
1908.
And the next?-$1.500 paid on the 21st April How much is the amount which does not appear in the first account?
The Puisne Judge-$500 out of $1,500 ? Mr. Potter Yes, my Lord. Witness-$350 on the 5th May.
How much do these items come to 2-$2,075. So that the first account would be $2.075 short?--Yes.
You remember the date when that second account was given?-About the middle of April. Who made out that account?-Mr. Dixon, with my assistance.
That is the complete account? - Yes. Does that account include all payments made by clients whether they went to costs account or clients' account?-Yes.
Does it also show the amount charged by the firm for costs?—Yes,
$6,089.6 7-Yes
Will you point to the two items? The first item is $6089.60 and the second $3.017.65.
Who made out these costs included in these items ?-Mr. Dixon.
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Look back to the first account?-How auch was transferred from the clients' account to the costs account for costs?- $4.114.00.
What were the items? -The first, June, 29th, $1,000; second, July 8th, $250; third, July 24th. $1,250; next, August 21st, $1,614,60, making in all $4,114.60.
About the middle of April Mr. Dixon with your assistance made out a complete account and gave it to Wong Hiu Tong? Yes.
When did you see Wong Hui Tong again ?- About the middle of May.
Didn't you see him before that?-I saw him on April 15th
What happened on that occasion?-I paid him a cheque for $10,000.
Was Mr. Dixon present at this interview when the cheque was given ?—Yes.
CHINA OVERLAND TRADE REPORT.
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Did Mr. Wong ask for anything?—Yes, he asked for a reduction of costs.
Did he ask for anything else?-He asked for a detailed account of all the charges.
Did he get that ?—Yes.
How long did it take to make out the detailed account?-Three or four weeks.
Do you remember when it was sent to him ? About the 15th May.
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When did you see Mr. Wong next?—A few days after he got the detailed account.
What happened then I took him to see Mr. Hastings.
Was Mr. Dixon present?—No.
Do you produce the rough cash book?—Yes, Will you look at 27th January 1909 - - Yes. Did Mr. Dixon pay you any money for costs that day with reference to Gulab?—Yes; heị paid me $30 for costs.
Will you read the entry-27th January. Jemadar Gulab, 830 costs.
Whose handwriting is it in ?-Mr. Dixon's. Did you see Gulab on that day — No. Do you know whether any receipt was given for this $30.-No receipt was given
The Chief Justice-As far as you know? Witness I keep the receipt book and make out the receipts.
Mr. Potter On March 3rd, 1909, there is another entry with reference to Gulab, is there not? Yes.
$50?-Yes.
Do you
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Cross-examination continued. What day was it Mr. Wong paid the $2,000 more?-11th January, 1969.
Will you look up the cash book, 29th June day in respect of costs?-$3.500. last? What was paid Reuter, Brockelmann that
In whose handwriting is that entry ?-In
; my own.
Where did you get the money from ?-I cannot remember. It may have been Mr. Dixon or Mr. Wong himself.
Don't you know the money was paid two days previously to Mr. Hastings?--I can't remember. And that it was after bank hours?—I can't remember.
safe?—I can't remember.
And that Mr. George Hastings put it in his
Aud it was handed to you on Monday, 29th, by Mr. George Hastings I can't remember.
You don't swear he did not hand it you?— 'I don't.
Wasn't the interim account given to Mr. English only. Wong in Chinese as well as English-No,
When the final account was given Mr. Wong was it in Chinese as well as Enlish-No.
Were you present when it was handed to him? Yes.
Who were present?—The interpreter Tam and Mr. Dixon.
What happened?-Nothing particular. Did he look at the account ?-Yes. After looking at it he asked for a detailed
Go back to January 8th, 1909. find an entry. Wong Hi on account of costs account-Yes. police court case-Yes.
How much—$30.
Did you receive that money?-Mr. Dixon received the money and handed it to me
Did you give any receipt?-No.
Did you ever receive any further sum from Mr. Dixon with reference to that case?--No.
Is there any entry on 13th or 14th January of money received from this man? Yes.
Can you tell me how much Mr. Dixon received on an average per month from Messrs. Hastings in salary and commission?
Mr. Calthrop objected.
The Chief Justice-I don't see how this affects the case,
Mr. Potter There is mention of it in Mr. Dixon's affidavit.
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Did he point to any special items ?—Yes. That one for $6,000 odd?—Yes And that one for ~3.000 odd ?—Yes. The Chief Justice Who explained the ac- conut to him.
Witness The interpreter.
The Chief Justice Was there another copy? Witness-There was a translation.
The Chief Justice -That was handed to him ? Witness-Yes.
The Chief Justice Did the interpreter ex- plain every item as well?
Witness-Yes.
Cross-examination continued.
Now you told us just now that the final ac- count was in English only?-Made. out by The Chief Justice--We are not dealing with myself. The Chinese translation was not made any of the civil aspects the case.
3 r. Iotter-No, it may become important on another matter.
Can you tell the average amount in salary and conmission received by Mr Dixon from 1st January, 1908, to 31st March. 1908 -- About $42 a month.
Did Mr. Dixou pay over $500 on 23rd July, 1908, with reference to the Kwong Hing Cheong case?—No.
Cross-examined by Mr. Calihrop.
How long have you been with the firm of Messrs Hastings and Hastings-About two and a half years.
What is your Chinese name-Cheung Po Chun.
Then you are a Chinaman? Yes. I am a
! Chinese.
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Why did Mr. Wong Hai Tong ask you for an interim account about the 1st December? I don't know.
Did Mr. Dixon at any time ask Wong Hui Tong for a further payment on account of costs? -Yes.
Do you know that Wong thought he had already paid enough on account of costs?—I do not know.
Did not Mr. Dixon ask you to make out an account so as to show the position between Mr. Wong and the firm?—I don't know.
The Chief Justice-What instructions did he give you?
Witness-He asked me to make out a copy of the current leger in Wong Hai Tong's name. From the first account produced to Mr. Wong could you tell how they stood - No.
Did Mr. ixon ask you to make out an account showing the proper position ?—No. You swear that? I don't know. Did you hand the account to Wong ?—I can-.' not remember.
Did you explain the account to him when you handed it to him? No, somebody else did The Chief Justice Did you hear somebody else do it?
Witness-Yes, the interpreter Hung.
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out by me.
Did anything more take place at that inter- view-Yes, I gave him a cheque for $10,000.
Who was present?- Mr. Dixon and Tam and a new interpreter.
Was that all? He signed a receipt. When did you next see him?-A few weeks later.
Who were present?-Tam and myself.
The declared account was sent to Wong Hai Tung somewhere about the middle ofɑMay?—— Yes.
How soon did you see him after that?—A few days.
Who else was present?-Tum.
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And you went in to see Mr. Hastings?-Yes. Did you have any conversation with Wong? Yes, he asked me to speak to Mr. Hastings about the costs.
What happened when you got inside ?-Wong asked Mr. Hastings to reduce the costs.
And then Mr. Hastings read over the accounts and said they were not quite correct.
Which two accounts do you mean?-The final account and the detailed accounts for costs.
What else did Wong say?-That a sum of $500 had not been credited to him for ccsts.
Was anything else said at that interview ?- Mr Hastings spoke to Wong and asked him what $500 was not credited.
What happened next?-Wong said he went back to Canton sometime ago and compared the account with his Chinese account book.
Are you sure he said that? Yes, and he said the $500 was short in our account,
And after that-Vr. Hastings asked him if he got a receipt for it.
What did he say?- He said, "No." What happened then?-Mr. Hastings asked him on what date it was paid, and he said it was sometime in July.
Did he tell Mr. Hastings the exact date P No. He was going to find out. He explained that on several occasions 8500 had been paid. and he could not tell which $500 it was.
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