.
550
And after that?--Mr. Hastings asked him to show him his Chinese account book.
What happened then-Wong said he would go back to Canton and got the book?
Are you sure that is all that happened?— Quite sure.
Did you make an affidavit in this matter ?— Yes, on May 7th.
And you told all you know in that affidavit ?
Yes.
Do you know Jouidar Gulab-I know his face.
When did you first see him?-Sometime in February.
Was this the occasion on which he paid $30 ----No, after that.
You say it is part of your duties to give receipts - Yes.
Then on the 27th when $30 was paid why didn t you make out a receipt?-I asked Mr. Dixon if the man wanted a receipt, and he said
• No."
The Chief Justice-Who keeps the receipt book? I do.
And you say it is your duty to make out receipts-Yes.
Then why didn't you make one out in this case?-Sometimes a client calls at the office in a hurry, just the money and goes away
pafs again.
Why didn't you make out a receipt and send it afterwards ?--I did not know the man's address.
The Puisne Judge-How does the solicitor get the book to make out a receipt ?—He asks me for it.
Mr. Calthrop-Have you the receipt hook
here -No.
You say it frequently occurs that a client calls, pays his money and gets no receipt ?— Not frequently, but it does happen.
I put it to you that if a receipt is given the counterfoils ought to agree with the cash book
-Yes.
And I put it to you that in police court cases it is not the practice to give a receipt unless a client asks for one-That is not so.
On March 3rd you received $50 from Gulab? -Yes.
Who handed it to you?-I don't quite re- member.
Did you give a receipt for that?—I made one out.
Did you hand it to Gulab?--No, he did not call for it.
The Chief Justice-Then why didn't you make out one before That is the question I asked you. I intended to make one, but the man went away, so I asked air. Dixon and he said "Never mind.”
Did you tell Mr. Hastings the whole story about these receipts ?- 0.
Why didn't you?-He didn't ask me. Didn't you think it important to tell him everything? No.
Did you think it important to tell him of not haring made out a receipt in the second case because Gulab did not ask for it? No. I didn't.
Do you know Wan Hi-Not personally. When did you first see him?-Sometime in January.
Did you speak to him on that occasion when he came to the office No.
Did you on the second? -- Yes,
When was that?--On that day or the day after,
Was anybody else there?-Tam. What did you speak to him about?—I asked him to pay the balance of his costs.
What did he say -That he had already paid. Where did this conversation take place? -In my room.
You made an affidavit about this?—Yes. How do you account for putting in your affidavit that it was on the 13th or 14th January. that is to say, five or six days after he first called; and now you say it was the same day or the day after?-I cannot remember the exact date.
The Puisne Judge- Do you mean you cannot remember now, or you could not remember then I cannot remember now.
Mr. Potter-He says in his affidavit that Mr. Dixon did not pay him $20 on the 13th or 14th January.
Mr. Calthrop-Who was present besides Wan Hi when he said he paid the $20?—Tam.
¦
!
Į
THE HONGKONG WEEKLY PRESS AND
Why did Wan come into your room?-Be- cause he wanted to speak to Tam.
How long had Tam been sitting there when Wan Hi came in?-He had been busy typing something all the time.
And Wan Hi said he had paid the $20 to Mr. Dixon-Yes,
How long did he stay in the room with yon and Tam ?-- From five to ten minutes.
And after this he went out of the office? - He asked Tam to ask Mr. Dixon to give him a letter to show to the inspector in the New Territory.
Did he get one ?—No.
You say Wan Hi told you he had paid Mr. Dixon $20 ?-- Yes.
Did you ask Mr. Dixon for it?—I did not. Why? Because I thought if the money was paid to Mr. Dixon he would hand it to me sooner or later.
Did you give a receipt to Wan Hi for 20?- I did not receive it.
You could have drawn a receipt up, gone to Mr. Dixon for the money, and got him to sign the receipt. That is not the rule.
Would you remind anybody if you found that by accident they had omitted to pay a small sum over? - Yes.
Then why didn't you remind Mr. Dixon? At that time I intended to, but he was out, and afterwards I suppose I forgot.
Did it never again occur to you?-Not until long afterwards.
When? Sometime in May this year, but Mr.
Dixon was not there then.
Did you try to find Mr. Dixon to tell him about this?—No.
When did you see Wan Hi again?-Some. time in May. I cannot remember the exact date.
Where did you see him?- In our office. Witness was handed the rough cash look. and admitted not being able to find the counter- foil for an entry of $3 contained therein. Occasionally receipts were not given for small
sums.
With reference to another entry. £29.40 for costs, he was unable to find the receipt.
Why not I can't remember. Witness was questioned as to several other items of a similar nature.
Is it not the practice not to give receipts for small sums unless specially asked -My duty is to make them out in every caso.
With regard to the $29 do you remember whether Mr. Dixon told you not to give a receipt --I don't remember.
Look at the entry 22nd July last year, what is it Kwan Chun Kwan on account of costs police court case $20.
Whose handwriting?--Mr. Dixon's. Is there a receipt for it - Yes. Sume day, there is an entry of $10 2 Whose handwriting-Mine.
Yes.
Is there a receipt for that?-No. Why not?-I was told he did not want one. Who told you?- I can't remember. Were you specially told not to give a receipt? It must be so or there would be one. Look at the entry, 6th July, $27 cost of transfer-Yes.
In whose handwriting-In my own. Can you find a receipt for it? No. Why not?-Because it is a transfer of com- mission.
Witness was questioned with regard to other entries. One with reference to 59 entered in the handwriting of Mr. Dixon and Mr. Hastings
had no receipt, and another entry for $42 in the handwriting of Mr. Hastings had no receipt.
salary per mouth was $42-By looking at the How do you know Mr. Dixon's average
cash book.
:
[June 26, 1909;
Mr. Calthrop The witness makes out that he knows from this book the amount of Mr. Dixon's salary.
The Chief Justice-There is no use produo- ing books on something which you admit.
Mr. Calthrop (to witness)Do you know from the book the amount paid to Mr. George Hastings before he was admitted a partner ?
Mr. Potter objected.
The Chief Justice - He can say yes or no ; ` but not the amount. Witness Yes.
Mr. Calthrop-This (420 paid to Mr. Dixon is to show he cannot keep up a house on that | amount.
Can we see that book?- No answer. Mr. Calthrop asked for the book to be produced The Chief Justice Do you dispute this, amount
Mr Culthrop-We want to see these payments to Mr. Dixon from the time he had been in the employ of the firm.
Mr. Potter-We can make out a list of the payments to Mr. Dixon.
The Chief Justice – I don't quite follow. The question was, did he know the amount of Mr. Dixon's salary. He gave the information. Do you challenge it?
!
L
I
Mr. Calthrop We don't. We are entitled The Chief Justice-You are not entitled to ' see every book,
The Chief Justice-You are not to
prove that somebody else cannot keep up another house on another amount? We are giving every latitude,
but there is a limit.
Re-examined-He could not say whether the Chinese account given to Wong Hin Tung was a full account or a summary.
Tam Wing Kwong, interpreter in the office next of Messrs. Hastings and Hastings, was called. He said he remembered Wan Hi calling at the office in the beginning of last year. Witness took him to see Mr. Dixon, and witness interpreted at the interview. When he took him into the room he related to Mr. Dixon what Wan Hi had previously told him, and Wan Hi asked what the costs would be. Mr. Dixon replied that he could not tell as it depended on how long the case continued, but Mr. Dixon finally mentioned $50 for one day and $25 for each subsequent day. Wan Hi agreed and paid 830, which was all he had with him, on account, Mr. Dixon telling him to bring the balance before the case was heard. Wan paid the $30 to Mr. Dixon personally, and the latter called in Kent, who brought the rough cash book. Mr. Dixon made an entry of the $30 paid. knew Mr. Dixon went to the Magistracy twice over the case. Mr. Dixon on returning from the Court the second time told witness' the Wan Hi police had withdrawn the case. came into the office that afternoon and entered Mr. Dixon's room. Wan came of his own accord. He said he came to pay the balance of been the costs, because Wan Sui Po had liberated. He paid another $20 costs.
You told him the case was withdrawn ?-Yes. How did he pay it?-He put two ten dollars in my hand and I gave them to Mr. Dixon.
Witness
What happened then?-- Mr. Dixon put the money in a drawer of his desk.
Anything else?—He locked it up. Mr. Dixon and myself went to the Registry of the Supreme Court.
I
*Was any receipt given for the $3 or the $20 --No.
Did you see Waq Hi after that?—I saw him the day after he paid the money.
What happened?-He entered my room with Wan Sui Po and told me that Wan Sui Po was afraid the police might arrest him. He would like Mr Dixon to write a letter to the police. Mr. Calthrop - Was Mr. Dixon there? Witness - No.
Cross-examined Where were you this morn- ing? In the witness room.
You made a declaration on 26th May?—Yes, : sometime last month.
In which you relate this story of Wan Hi?—— Yes.
You mention the interview with Mr. Dixon and Wan Hi in January? Yes.
On the day Wai Sui Po was released Wan
Yes, Hi called again?
Why didn't you mention you had another interview with Wan Hi?-I only related what I was asked. I did not know how much was sufficient.
Do you know Wan Hi swears that he did not come to the office from that time until he made the declaration? -I only say what I know. He may have a bad memory.
The balance was to be paid before the case
was heard? - Yes.
Was the case heard? No.
Do you go with Mr. Dixon on the first occasion to the Police Court?—I usually go.
I
Did you go on this occasion? I think so. went up once to ascert ..n what the charge was.
If any evidence had been taken on the second occasion you would have had to assist Mr Dixon-Yes.
As the case was not heard I put it to you there was no necessity to pay the balance of costs ?——
Page 10Page 11