June 26, 1909.]
What have your living expenses been this year on an average?--Ordinary household ex- penses about $325.
What rent do you pay -8140 a month. Do you go to the Dairy Farm for things?- Yes.
Can you produce their hills? -Yes, for nine months. The average is $11.40 a month.
What do you pay the Mutual Stores? --A monthly average of $19.52.
And Weissmann?--A monthly averago of
$4.31.
Have you got your cook's book?--Yes; monthly average $60.
What do you pay for servants' wages ?-$60 'roughly.
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What does your coal cost-13 a month. What are your Club expenses -For seven months at the Hongkong Club the monthly average is $12.68.
t
What do you pay at the Golf Club?—The monthly average is $5.20, but that does not include the annual subscription. some other accounts I have not got vouchers There are for. I was paying Messrs. A. S. Watson a few dollars each month.
Then the total comes to about $325 a month?
hat is so.
Hare you instructed the bank to make out a certified account?—I have.
With regard to your diary, what have you got to say?-Do
you mean with regard to Police Court cases?
Yes. I say with regard to my diary, that by comparing it with that of any other solicitor in Messrs. Hastings and Hastings, it will be seen that mine is properly kept. The object of making entries is that bills of costs shall be made out from these entries. Sometimes entries are made in a diary of important matters of record, not for the purpose of making out bills of costs. In ordinary Police Court cases where costs paid, as a rule, in advance, there is no necessity to make an entry in the diary because no bill of costs is ever made out. In litigious matters, where a lump sum is paid for costs, it is always necessary to make detailed entries in diaries. never been in the habit of making entries with regard to police court cases, and there has never been any complaint as to the way in which I kept my diary.
The Chief Justice- -I don't think so.
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I have
Are the diaries inspected?
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Is your diary open to inspection ?—Yes. Where do you keep it--On my desk, unless the costs clerk is using it copying out entries. Continuing, witness said-In the majority of cases my diary contains no record of olice Court cases, the costs having been paid in advance. I should like to point out to your Lordships the very significant fact that this entry with regard to Wan Hi is in Mr. Kent's handwriting. Never before or since that occasion has he ventured to make an entry in my diary.
The Chief Justice-Is that in your diary ?—- Yes.
The Puisne Judge-Did the fact come out in cross-examination?
Mr. Potter-No.
The Chief Justice--Are all the entries throughout your diary in your handwriting?- No, I dictated them to Tam sometimes, but it is not Mr. Kent's duty to write anything inmy diary.
The Puisne Judge-I don't think this was put to Mr. Kent?
Mr. Potter-No, but I think the statement was volunteered by Mr. Hastings in his evidence
in chief.
Kent must be
CHINA OVERLAND TRADE REPORT.
balance?-No, my Lord. I would consider my. self very well paid, and morover, if he had paid $50 and came and asked me to refund part, II should have done it.
MR. DIXON CROSS-EXAMINED.
I believe, Mr. Dixon, you joined the firm of 1904?—I did. Messrs. Hastings and Hastings in October,
till March 26th of this year you were ou good And may I take it that from October, 1904, ap terms with Mr. John Hastings-Not on very good terms since his return in October last. No, I don't.
Do you suggest you were on bad terms?-
But we were not on such good terms as previously.
The Chief Justice—: r. recalled.
r. Calthrop--What powers had you with regard to arrangements for costs?---I exercised my discretion, being absolutely without any supervision. I frequently consulted with the partners in heavy matters.
Then what did Police Court cases in which you received certain sums and the case did not take any length of time-If I agreed to do a case for 50. and a man paid $20 or $30 on account, and if when I got to the Police Court I found the charge withdrawn, I never thought of asking the client for the balance.
Do you suggest you were not on friendly terms? - No.
Then what do you mean?-That we were not on such friendly terms as before.
You told my friend that six months after you came to the firm of Messrs. Hastings and I believe it was. Hastings your salary was voluntarily raised?-
At that time Mr. John Hastings had no partner He had not.
So therefore he alone would be responsible for this voluntary rise ? Absolutely.
The Chief Justice-That was the time when exchange was falling?
Mr. Potter-No, that is another case.
This
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to the firm of Messrs. Hastings and Hastings? I put it to you that you were a valuable man am not putting it in a complimentary way- You have had Mr. Hastings' evidence as to that.
You agree?-I think they considered I was a Mr. George Hastings and myself there while valuable man at that time. There was only Mr. John was away.
not so indispensable now as I was then.
Do you suggest that they don't at the present time consider you to be a valuable man? --) am
When did you cease to become so indispens able?-After Mr. Davidson came out here and got into the way of the work.
Mr Davidson, I believe, came out in Octo- ber, 1907 ?—Yes, nearly two years ago.
So it has taken nearly two years to make you 'not so indispensable "?—Yes.
Mr. John Hastings was away from April,1907, to October 1908 ?—Yes, eighteen months.
Do you suggest that it is because you are not so indispensable that this case is brought against you?-I suggest that this case has been brought against me because Messrs. Hastings and Hastings are of opinion that they can get on just as well without me, and possibly save themselves a good deal in the way of salary, holidays and an ultimate part- nership,
You suggest therefore that in order to save
is a voluntary rise of salary six months after he salary, and commission, and holidays, ar. joined the firm.
Witness - Exchange rose to this extent: that although I got a rise in salary of £25 a when I came here first. year. I was not getting any more dollars than
The Chief Justice—I think you said the first exchange rise you got was in consequence of a rise in
The Puisne, Judge Then the first rise in your salary had nothing to do with exchange ?— No
Mr. Potter-That did not show an unfriendly attitude at any rate, did it? --It did not.
Now, sometime later on you asked to be put on a fixed dollar basis?—That it so.
given a commission of one per cent. on the In October, 1905, were you not voluntarily business done? It may have been in October.
And that was not in your agreement at all? -No.
That was the second voluntary rise-I was entitled under my agreement to a rise at the end of my first your.
rise as well as this one per cent. commission?
And at the end of that first year you got the It is quite possible.
dollar basis, and I believe the exchange had In April, 1906, you asked to be put on a fixed gone up to about 2/2?--Yes,
And
that so?Yes: I don't think they hesitated about your wish was immediately acceded to, is it at all.
You were to be on a 111 basis, although the exchange was considerably higher-Yes. It was considerably lower when I came out here, though.
And of course that was not in your agreement either?-No.
voluntary rise in salary, a voluntary present of So that up to April. 1906, you had got a
request your salary was fixed oue per cent. commission, and at your own basis?-That is so.
оп a dollar
Hastings at that time were quite friendly ?-
o I take it your relations with Vr. John
Yes.
agreement whereby you should get a partnership On April 15th, 1907, you entered into a fresh at the end of five years?-Five years from 1st January, 1907.
thing more definite than a mere verbal promise As you put it yourself, you asked for some. of partnership-That is so.
And you got it? I did.
John Hastings has gone into the box and perjured himself?—I suggest that Mr. John Hastings in the first place was misled.
Mr. Potter-Will you give me an answer? The Chief Justice-That is perfectly correct. Witness -And that he has been anxious and eager to accept the statements that have been made to him by the hinese as an excuse of getting rid of his liability to me under the agreement.
Do you suggest that he is still only misled ?—
No.
What do you suggest now?-I suggest that he has wilfully and deliberately misconstrued my statement to him that I had received pre- embezzled his firm's money. sents from clients, into an admission that I had
In other words, that he has wilfully misstat ed what took place at the interview ?-That
is so.
Does not that amount to perjury; to wilfully misstate a material fact ?-It does.
Therefore your answer is that Mr. Hastings has wilfully committed perjury in order to savo salary, commission and holidays, is that so ?-- That is so.
beginning-You
You might just as well' have said it in the asked me if it did not amount to wilful perjury, and I said it did. criminal conspiracy with the witnesses; or do Do you suggest that he has entered into a
you suggest that he was only misled P-I cannot offer any suggestion on that.
Can you give me buy other motive for Mr. Hastings committing perjury in this way except that he wished to save salary, commission and holidays?—To strengthen his case as well.
I don't want to argue that is not a motive. repeat. Question repeated:-To strengthen his case, I
Do you mean in order to get rid of you from the firm-Certainly.
In order to rain you, in other words ?-That will be the result of it if he is successful.
Are you not aware that Mr. Hastings is leaving the Colony in October of this year ?—I' am not.
Were you ever aware of it ?-I understood when he returned lastctober that he was going to stay for six months only.
the firm?
And then that he was going to retire from
That was the rumour.
Now that you have heard Mr. Hastings stat- ing that fact in the box, do you believe the rumour was true?-Mr. Hastings stated that he was going to leave at the end of the year.
You accept that statement of Mr. Hastings?
you do with regard to partner in the firm he must have been very —I am not disposed to dispute it.
The Chief Justice In a case like Wan Hi's, you would never think of asking for the
You also added that Mr. John Hastings took no interest in the matter; surely as senior
much interested in the matter?-In his own evidence he said he left the matter to his brother.
by his brother?-He signed the deed.
At any rate. he ratifiedany suggestion made
So that I may take it Mr. John astings was satisfied with the way you were doing your work, and that he was satisfied with you ?--I think so.
And that he was going to leave the business to be conducted by his brother George?-Yes.
And you've told us along that with George you were on very friendly terms?-I haven't told you so, but I was.
would not your assistance be more necessary If Mr. Hastings was leaving in October, than ever it was?-I don't think it would,
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