J
July 10, 1909.]
on
Dixon had admitted the misappropriation of money. This letter was called for by Mr. Dixon's counsel
on his cross-examination of Mr. Hastings. Again, in his letter of March 31 he categorically repeated the admis- sions he says were made to him the 26th of that month. When he saw Mr. Dixon again after receiving the letter from Messrs. Ewens and Harston he taxed him with these admissions and asked him what he meant by denying them. So Mr Hastings' attitude was at any rate consistent throughout. I can- not doubt that he has accurately reported what he believed at the time to have been said. What then of Mr. Dixon's position? An in- nocent man who knows that his record is clean finds himself suddenly confronted with odions plot against his good name. One would expect an indignant denial and a fixed determination to have the matter thrashed out, and to clear his reputation at all costs. We find instead a spontaneous offer to leave the firm, abandoning his rights to a partnership and to the other advantages of his agreement and an undertaking offered not to take away clients of the firm-in return for what ? A permission to be allowed to practice on his own account in the Colony. I do not think I am unfair to Mr. Dixon when I say that I should have expected & firmer attitude, in the face of the calumny, from man of Mr. Dixon's character and ability. Again the foundation of the charges made against Mr. Dixon at the interview was the interpreter Hung, and Hung was the only authority then named by Mr. Hastings. If the charges were false, then Hung was a liar and a very despicable scoundrel. Yet this man was apparently the first person with whom Mr. Dixon put himself into communication with and he thought it advisable to have a private inter- view at his own house before he even took counsel with his solicitor. It is with
a
great regret that I am compelled to the conclusion that there was no mis- take and that the confession is established against Mr. Dixon. Once this is accepted it strengthens the charge as to the $20 which I must regard also as fully established. One matter is the complement of the other. A con- fession corroborates the charge. The charge illustrates the confession. The confession is of course fully before us-it was embodied in the affidavits; it has been gone into very fully in the evidence and it is
8 matter of which this Court is bound to take cognizance. We have, then, a painful duty to perform from which it is impossible for us to shrink, and I concur in the opinion of the Chief Justice that Mr. Dixon must be suspended from practising in this Court for a term of three years.
The Chief Justice - We think that Mr. Dixon should be suspended from practising in this court for three years.
Mr. Calthrop-My Lords, I ask
you to grant a stay of the order suspending Mr. Dixon until such time as he has been able to send home in order to appeal to the Privy Council
The Chief Justice-Of course, we should give every possible facility, but I should like to hear what the other side have to say.
Mr. Potter-There is no power to stay an order of the court in a case like this. You have decided that a certain person is not fit to be an officer of the court. Undoubtedly he has the right of appeal, but there has never been a case in which there has been a stay pending appeal.
The Chief Justice-There is the case of Mr. Pollock
Mr. Potter-The point you have to consider is that having decided that a certain person is not fit to be an officer of the court it would be unfair to the profession to allow him to practise before you.
The Chief Justice-There is the practical difficulty that Mr. Dixon is an articled clerk to Messrs. Hastings.
Mr. Calthrop-My client only asked for a stay of the order suspending him and he will undertake not to practise until he has had an opportunity.
The Puisne Judge-What is the good of the stay?
Mr. Calthrop-It is simply to clear the stigma of his character.
CHİNA ÖVERLAND TRADE REPORT. The Chief Justice -The matter must be sub- ject to the usual routine. What would be the practical effect? We have delivered our judg ment. If Mr. Dixon does not wish to practise in the colony what advantage will follow by making a formal stay?
Mr. Calthrop-He may have the advantage that we might refrain from having it recorded The Chief Justice-What occurs to me is this
on the rolls.
Mr. Calthrop That is all we want. Mr Potter-I have no objection. The Chief Justice-In this case we must con- sider the personal question at an end?
Mr. Potter-Absolutely.
The Chief Justice-The practical question is whether Messrs. Hastings will take him back.
Mr. Calthrop-We don't ask for that.
The Chief Justice-There is the agreement which has been mentioned and which may stand in the way. If you are satisfied with that there will be a suspension of the record of the judg- ment upon the rolls of the court until such time as with all diligence he has appealed to the Privy Council.
Mr. Potter-ls to costs, I submit I am entitled to costs. It is the usual course.
The Chief Justice - Are there any precedents? Mr. Potter-Yes. If it has been found that the charges are not brought home but if his conduct was such as to justify bringing the action then the defendant is liable for the costs. Finally it was decided that the Registrar should deal with the question of costs, and the order for costs was suspended on the usual undertaking as to security.
THE BEACON HILL TUNNEL DISASTER.
DEATH BY MISADVENTURE.
An inquiry was held at the Magistracy on the 5th inst. before Mr. F. A. Hazeland, sitting as coroner, and a jury into the cause of death of Chu Kon Youg, who was killed at the north face of the Beacon Hill tunnel on June 10th.
37
CONFLAGRATION AT SAMSHUIPO.
FORTY BUILDINGS DESTROYED.
Early Tuesday morning a destructive fire broke out in the village of Samshuipo which has completely demolished some forty buildings, and rendered many families homeless. destroyed the stock-in-trade of many merchants
were
The fire originated in a grocer's shop in Tai Street, and must have had a strong hold on the building before the police at the village station were summoned, for when Sergeant Angus called out his men and proceeded to the scene of the police stations and the Central Fire Station outbreak the fire was burning fiercely. Other then notified, and in an exceptionally short time the firemen from the Central, the Yaumati section of the brigade and the fire float were
on the scene and hard at work. narrow streets in the vicinity of the fire, and But their efforts were of little avail in the the firemen were considerably hampered by the inmates of the burning buildings, many of whom it was found difficult to remove until they had recovered most of their goods and chattels. From every available point a strong pressure of water was brought to bear on the flames, but these were fed with wood which burned like tinder, with mattings, blinds and other inflamm- hard fighting, in difficult circumstances, to able materials, and it took many hours of stay the progress of the fire.
arrived at Samshuipo, the fire was at its height, Shortly after the Hongkong fire brigade the flames throwing a lurid glare over the village and the surrounding hills, and causing the few who saw the conflagration from a distance to fear that the oil tanks of the Dutch Asiatic Petroleum Co. were ablaze. Fortunately, this was not the case, otherwise there would probably have been little of Samshuipo standing to-day.
batted the gradually extending conflagration Right through the night the firemen com- sections of the brigade being in Ching, Fin In and Tai Streets, all of which were in flames, and it was not until nearly one o'clock in the after- noon that the fire was subjugated.
The spectator yesterday saw nothing but a heap of smouldering ruins buildings, the streets before mentioned being and collapsed
piled high with debris, and the public being kept back by Indian constables on account of the danger from falling walls.
An extraordinary thing in connection with the streets, or rather lanes, and to the number this fire, having regard to the narrowness of of people who must have awakened to find the flames enveloping their rooms, is the fact that not one person is reported missing. The only victims were a number of pigs, and according to the statements of some of the firemen the smell of roast pork was as invigorating as a substantial meal.
Dr. W. W. Pearse, medical officer in charge of the mortuary, deposed to examining the body of decoused. He found the cause of death to be syncope, due to gaseous poisoning fumes.
Sergeant Floyd stated that all the Chinese witnesses who could have given evidence in this case had since left the works, and he was unable to find them.
He was opinion that they had left the Colony. He of had been notified since the action that at the 5 p.m. blast on the 10th the wind was blowing from the south part of the tunnel, carrying smoke and fumes before it to the north face. Deceased was one of a gang of labourers work- ing at the north face at the time. Some of the coolies resumed work after the evening meal, which followed the 5 p.m. blast, but deceased The loss caused by this fire is not yet ascer- remained in his quarters. He was found¦tainable, but will no doubt be considerable, as there some three hours afterwards, taken | most of the ground floors of the buildings des- to the dispensary, and artificial respiration was troyed were shops. each of which carried a fair applied, but without effect. He was then put amount of stock. In addition to this, the loss Hospital, bat died on the way. in an ambulance for removal to the Tung Wah of property can be placed at a large amount deceased, two other men who died from the collapsed.
Besides the for most of the buildings burned have entirely Lieutenant Beckwith, Assistant mortuary. results of the accident were removed to the Superintendent of the Water Police, was in charge of the fire float, while Chief Inspector Baker and Superintendent Lane commanded the fire brigade, the individual members of which deserve great praise for their hours of strenuous labour.
the other Chinese workmen left the Colony on In reply to a juryman witness said he believed
account of fear.
Mr.
L
ANOTHER FIRE IN WING LOK
STREET.
another outbreak in a piece goods shop at No. While the Fire Brigade were absent at the Samshuipo fire, at about four a.m. there was 61, Winglok Street, the four stories of the building being gutted. The police were called out for this, and with the assistance of some
Beacon Hill tunnel, deposed that the acci- W. Waite, superintendent of the dent was reported to him about midnight on June 10th. Later he ascertained that all the men were taken out of tunnel, and those affected were being attended the
found, as he thought, three dead men, but only to by Dr. Naida. When witness arrived he two were dead, the other succumbing on the way to hospital. Witness thought the accident was caused by the smouldering of some un- exploded ammunition, and the air was so bad ou the following day that he could not get through Chinese firemen succeeded in saving the adjoin. the tunnel himself, notwithstanding the facting buildings, although they were unable to that there were six compressors working at full pressure. He attributed the foul air in the tunnel to the heavy atmosphere ontside. Every care was taken to prevent accidents of any kind in the tunnel.
The jury returned a verdict of accidental
death.
save the shop where the fire occurred. The ground floor of this shop carried a stock on which insurance to the extent of $20,000 had been effected with the Lancashire Insurance Co. The second and third floors were unooon- pied, but the fourth floor was used as a family dwelling.