554
he had
64
4
a
in
THE HONGKONG WEEKLY PRESS AND witness had been taking money intended for | want me to." He said, If you don't go away, the office. Witness denied the charge. Mr. I will ruin you." Не also said, Why
If I wero to Canada? Hastings said
made independent don't you go inquiries and he was sure that it was so. He young man down in my luck I should go there. said he had seen witnesses and had obtained There is plenty of money to be made there." their written statements and that he had I said I preferred to stay in Hongkong, where I forwarded these statements to his brother, could make a little. I deny, my Lords, that
me to practise from whom he had received a cable telling I asked him to allow him to do what he thought best. I emphatical- Hongkong. He said he would not allow me ly denied the charges and asked for par- to practise in Hongkong, as I should cut into ticulars of the alleged acts of misappropriation. his business I told him I did not think I He said he was not then in a position to should do him much harm, and I told him give me particulars, but that they consisted of I was propared, if he desired it, to give an to do work for certain small sums received in respect of police court undertaking not
were his cases. He said I must go away and suggested people who he really could say
He said such an undertaking was not should go to Japan ostensibly for a holiday clients. and that I should never return. He also sug practicable. He also said. What will all the gested that should go to Shanghai and start other solicitors say if I allow you to start and there. He said I would do very well there. He open your own office here? There are two also said that Hung Kan Ming was in it with many solicitors' firms here already." I told He said he him I could possibly get a partnership in some me. These were his words. had
made seen Hung, who had
clean firm here, and he said " No one will give you a breast of it. I told him I knew nothing partnership after I have finished with you." He I told about the charges, and as he made the said I had admitted taking office money. charges it was better that I should stay away him I had not, and he said no one would believe from the office until the matter was disposed of. my word against his. I then left his room. He told me not to do that, but to come to the office as usual. He also said if I would go away he would undertake that no one in the East would know why I had gone. He had spoken only to two friends about the matter and they were very discreet.
¿L
He told me to think over
his suggestion that I should go away, and the interview ended. I went back to my room and I had been there a few minutes when Mr. He said Hastings called me back to his room. he did not want to ruin me, but unless I would resign he would prosecute me. I again told him I had never taken any money intended for the office, I told him I had presents from one or two clients, and he said he had proof that I had embezzled the firm's money.
I.told him I had no occasion to steal small sums of money as he suggested and I told him I had always on current account at the bank somewhere about $1,000. I reminded him that I had $4,000 on joint mortgage with Mr John Hastings. He said the whole cause of the trouble was living as I did live and spending more money than I could afford. I said that my ordinary expenses did not exceed 350 a month I thought, and he said it was impossible to keep up a separate establishment on that amount. again said that I should think over his request to go away and the second interview ended.
Ho
Did you go to the office next day-Yes, I went as usual. I was trustee of a bankrupt's estate. I am now; I had a separate banking account with reference to that estate. In that account I had $1,200. Next morning Mr. Has tings asked me to transfer this money from my trust account to the firm's clients' account. The Tequest
he did and
not was by letter give any reasons. I drew a cheque at once and it was paid into the clients' account at the office. The next day, Sunday, 28th, I made a careful note in writing of everything that had taken place in the interview with Mr. Hastings, and I handed that note to Mr. Harston a day or two later and it has been in his custody ever since.
After that did you receive a letter from Mr. Hastings? Yes, on 31st March. It was brought into my room as I was leaving.
That was the letter which has been put in ?--- That is the letter of accusation. It is the letter in which Mr. Hastings accused me of taking money.
What did you do?-I went to see Mr. Harston next day. The same evening I saw Hung Kam Ning. I arrauged with Mr. Harston to take Hung's statement. Mr. Harston had an interview with Hung at which Hung made a statement. I was also present.
What happened after that interview-On the day afterwards, Messrs. Ewens and Hars- ton wrote a letter to Mr John Hastings on my behalf denying that I had made any admissions.
Letter read.
On that day did you receive another lefter from Mr Hastings-Either that day or the day before I received a letter from him asking me to return my agreement signed by me cancelling my agreement with the firm.
|
Did you instruct your solicitor to write to Mr. Wilkinson on the 6th April the letter which was read?--Yes.
tration.
[June 26, 1909.
this case was one of the excuses raised by Mr. Hastings for suspending me.
Mr. CalthropWhen did you first hear this specific ground of complaint?-When Mr. Hastings gave his evidence in Court. I challenge Mr. Hastings to show that my con- duct towards any respectable Chinaman has not been exactly what it ought to be.
Were you suspended ?--Yes. I only went to the office twice, when Mr. Davidson asked me to explain some matters which I had in hand.
What was the next thing that happened ?— On 29th May I received a letter from Messrs Hastings and Hastings discharging me.
Letter read.
With regard to this paragraph,
"Notwith- standing your promise to Mr. Hastings," had you made any promilé to Mr. George Hastings”
-No.
With regard to your living expenses are you ready to produce all particulars PL1 am.
Where do you keep your banking account ?— Hongkong and Shanghai Bank.
Are you willing to produce your accounts at the Bank If they are required. The Chief Justice-What? Witness-If the other side wish to see them. The Chief Justice-It is for Mr. Dizon to take the onus.
Mr. Calthrop-Yes, my Lord.
The Chief Justice-What is your contention on this point?
Mr. Calthrop-I am willing to produce all accounts so show how he spent his money.
The Puisne Judge-What he received or what he spent?
Mr. Calthrop I am putting it both ways. The Chief Justice-You say if the other side is willing.
Mr. Calthrop-I do not think it necessary for us to produce them, but we think it more reasonable to produce them and say "There they are. If you want to examine them do so." The Paisne Judge-Has there been a dis- covery in this case?
Did you continue at Messrs. Hastings and Hustings after that?-Yes. I remained there until 30th April, and in the meantime negotia- tions had been going on with a view to have the matters in dispute settled by arbi. At that time it was considered to
interests of bo in the
both parties to avoid publicity But Mossrs. Hastings and Hastings violated that arrangement by suspend. ing me on a miserable pretext, as I shall show your Lordships, and putting me in a doubtful light. Your Lordships will remember that Mr. Hastings in his evidence stated that one of the grounds for suspending me was that he had to my received complaints from clients as manner towards clients.
Mr. Calthrop-Can you explain that? Mr. Dixon-Yes. The instance Mr. Hastings I forget his name gave was the case of a man-
-who, Mr. Hastings said, complained that I was rude to him. This man was a fisherman, and he was brought to Mr. John Hastings office by one of Ah King's boatman who kuows Mr. Hastings. He had a claim against another boatman, and Mr. Hastings asked me into the The Chief Justice-The question was-I am room and asked me if I would take the necessary ready to produce all particulars of my expenses. I bank at the Honkong and Shanghai Bank. steps for having defendant's-boat attached. made application and filed the usual affidavit in Have you anything to suggest on the point? support to the effect that the defendant was Mr. Potter-if I come to cross-examine on about to remove his boat from the jurisdicthis point my friend can go into it more fully tion of the Court, and it was attached. afterwards. At this stage I have nothing to Messrs. Wilkinsou and Grist, who appeared | suggest. for the defendant. at once applied to have the attachment, discharged. They filed an affidarit to show that plaintiff had practically pirated the defendant's boat on the high seas. brought her to Shaukaiwan and then attached her.
I
The Puisne Judge-Your don't want to go into details.
know
Witness - It is important that your Lordships should what happened, because Mr. Hastings accuses me of my manner towards clients. Subsequently Messrs. Wilkinson and Grist wrote on behalf of the defendant accusing our client, the plaintiff, of having stolon the books belonging to the defendant from the junk. I sent for my client and saw him in my room, which is divided from Mr. Davidson's by a partition, while Mr. Hastingsroom is on the other side
I asked my client whether he had done this. First of all he denied all knowlege of the books.
Mr. Potter submitted that conversation could not be taken as evidence.
The Chief Justice This is in explanation. The issue is raised definitely by Mr. Hastings letter in which he stated that Mr. Dixon behaved badly to his clients, and Mr. Dixon is explaining.
He
Mr. Calthrop No, my Lord. The Chief Justice-It is only an issue. It is not exactly a civil procedure. It is an issue on the motion. There are no preliminary pro- ceedings. What have you to say, Mr. Potter? Mr. Potter-My friend says I can see Mr. Dixon's banking account if I wish. I have not the slightest desire to seo it.
The Chief Justice-We will adjourn for five minutes to discuss it.
When the Court resumed,
The Chief Justice said-We think in a subordinate issue the onus does not lie on the side complaining, but in a subordinate issue which Mr Dixon may think' important he must take the onus of proving it if he thinks necessary. He must not throw it on the other side inferen- tially. If he does not he must take the risk of the court drawing such inference from the facts as we are led to. It was necessary wo should consider this very fully, because the sug gestion was thrown out by Mr. Dixon that the other side could see the accounts.
The Puisne Judge-I should like to add to what the Chief Justice has said, if they are put in by Mr. Dixon they must be his evidence and past of his case.
Examination continued.
•
How much a month have you received since you came here ?-In the first year $275 a month, in the second year 825 a month more, an average of $300 a month; in the third year about $375, and in the fourth year about $455.
The Chief Justice. Is that salary and com- mission?
years.
Witness, proceeding, said the man said the Witness-Yes. I have also received $30 a bailiff had done it without his authority, and month interest on a mortgage of $4,000 for four then he said he had asked the bailiff to do it.
that money Where did you get three or four absolutely inconsistent
?-From home. gave excuses. I told him he was lying and that he Did you receive other moneys from home ?— would not get judgufent if he went into Court. Yes. I received £100, £60, £70, and £40—£270
Was angry with him. I
Mr. Hastings in all. me and' came into the room. Ah King's man asked Mr. Hastings if he would take the case because he knew him. And
What happened then-After Mr. Hastings had received the letter from Messrs. Ewens and Harston he sent for me to see him in his
heard He said: "Well, Dixon so room, and I went.
"I you have determined to fight me." I said, don't want to fight, but I can't go away as you
•
You had the £400 from home?—Yes. In your first year what did you do with your salary?-I sayed money each month.