SHIPPING NOTES.
The Great Northern Co.'s steamer Dakota, which struck a reef off Shirahama, Japan, in May, 1907, and later sank, is being saved by men employed under Mr. Yomashina, a marine engineer of Tokyo,
THE ALLEGATIONS AGAINST A SOLICITOR.
BEVENTH DAY,
THE HONGKONG DAILY PRESS, THURSDAY, JUNE 24TH, 1909.
Did you instruct your solicitor to write to Mr. Wilkinson on the 6th April the letter which was zoad ---Yes.
In your first year what did you do with your salary PI saved money each month.
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.
So that up to April, 1906, you had got sj voluntary rise in salary, a voluntary present of Que per cent. commission, and at your own. request your salary was fixed on a dalhir badis -Phat is so.
Did you continue at Messrs. Hastings and Hastings after that? Yes. I remained there until 30th April, and in the meantime negotis tions had been going on with a view to have the matters in dispute sottient by arbi-Yes you go to the Dairy Farm for thingsHastings at that time were quite friendly
To
Bo I take it your relations with Mr. John The.Full Court (their Honours Sir Franels
Yes. Piggott, Chief Justice, and Mr. H. H. J.tration. At that time it was considered to Can you produce their bills?—Yes, for mine On April 15th, 1907, you entered into a fresh Gompertz, Puisto Judge) yesterday resumed be in the interests of both parties to months. The average is 811.40 a month. agreement whereby yon should got a partnership The Jaynuese newspaper Nippon is authority Dixon was called upon to show cause why he Hastings violated that arrangement by suspend-monthly average of $19.52.
the hearing of the case in which Mr. C. F. avoid publicity. But Messrs. Hostings and What do you pay the Mutual Stores --At the end of five years !-Five years from 1st
January, 1907. for the statement that on account of the anti-should not be struck off the roll of solicitors.
ing me on a miserable pretext, as I shall show And Weissmann monthly average of Japanese boycott. in South China since the
your Lordships, and putting me in a doubtful $4.31.
Your Lordships will remember that Tatsu-maru affair last year, the Nippos Yuen
Light.
Have you got your cook's book P-Yes; Kaisha and the Toyo Kisen Kaisha have lost
Mr. Hastings in his evidence stated that one of monthly average 360. the grounds for suspending me was that ho had. about Y 700,000 and Y 800,000 in freights
received complaints from clients as to my respectively.
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. HG Calthrop, who was instructed by Mr. J. Scott Harston (of Mossra. Ewens and Haraton).
ME. DIXON'S EXAMINATIÓN CONTINUED. Witness said ho saw Gulab for the first time in January.
At Yokohama the hearing has been com menced of an action brought by the Tokyo The Chief Justice -We are not disposed to I Link Marine Tasurance Company, Yaesucho, Tokyo, pay much regard to Gulab's evidence. -against the Compagnie des Messageries Mari. that charge might be dropped. We could not times, claiming the payment of 1.79,020 for possibly accept his evidence supposing it stood alone, and it certainly does not strengthen the the sinking of the stoumer Iburi-maru, of the case in anyway. Therefore in these circum- Hokkaido Coal-mining and Steamship Company, stances I think that part should be dropped. in collision with the stommer Sydney, of the on 26th March Captain La Pieque gave him Witnes spoke to seeing Captain La Picque defendant Company, ou January 24th this year a power of attorney in his name to sell 650 in the mouth of Tekyo Bay. Thaleser berishures of the Mossngeries Cantonaise to a hinese syndicate for whom witness was acting. maru was insated with the plaintiff Company
to for Y.80.000 for one year. The sum of Y.79.020 whom, he introducod him, and on explaining
Witness took the Captain into Mr. Hastings, is the balance of this amount, after dedacting the business on which Captain La Pieqne the proceeds from the auction sale of the had come, Mr, Hastings, suggest. Hastings
Thuri-mars.
Mr. John Latta, presiding at the annual meeting of the Nitrate Producers' Steamship Company, said that the past year had been the worst period for the shipping trade in his experience. It was to be deplored that owners of cargo steamers were so entirely at the mercy
name should
manner towards clients.
What do you pay for sorvants” wages 2-560 roughly.
What does your coal cost ---313 a month. What are your Club expenses -For seven months at the Hongkong Club the monthly average is $12.68.
Was rudo to lim.. This man winchade the annual subscription. There are
for
AR you put it yourself, you asked for some- thing more definite than a mere verbal promise of partnership That in to: And you got it? I did.
You also added that Mr. John Hastings took no interest in the matter; surely as senior partner in the firm he must have been very much interested in the matter In his own evidence he said be loft the matter to his brother.
At any rate, he ratified aur suggestion-made- by his brother 2-He signed the deed.
So that I may take it Mr. John Hastings was satisfied with the way you were doing your think so.
I
Mr. Calihrop-Can you explain that? Mr. Dixon You. The instance Mr. Hastings gavo was the case of a man-I forget his name
who, Mr. Hastings id complained that I- and he was brought to Mr. Johu office by one of Ali King's boutman who knows Mr. Hastings. He had a claint against another boatman, and Mr. Hastings asked me into the steps for having defendant's bout attachiod. room and asked me if I would take the necessary made application and led the usual affidarit in support to the effect that the defendant was about to retaove his bout from the jurisdic- tion of the Court, and it was attached. for the defendant, at once- applied to have Messrs. Wilkinson and Grist, who appeared the attachment discharged. They Bed an affidavit to show that plaintiff lind practically
not so indispensable now as I was then. that Lis
pirated the defendant's boat on the high sena, brought her to Shankaiwan and then attached her..
What do you pay at the Golf Club 2—The monthly average is $5.20, but that does not
BOLIG other accounts I have not got vouchers
was paying Messrs. A. 3. Watson n work, and that he was satisfied with you few dollars sach month.
Then the total comes to about $325 a month? I put it to you that you were a valuable man ibat is 80.
to the frm of Messrs. Hastings and Ifastings? I am not putting it in a complimentary way.. You have had Mr. Hastings' ovidence as to that.
Have 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 comparing it with that of any other solicitor in Court cases?
Yes. I aay with regard to my diary, thai by
that mine is properly kept. The object of Mosers. Hastings and Hastings, it will be seen making entries is that bills of costs shall bo made out from those 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 are paid, as a rule, in advance, there is no recensity to make an entry in the diary because no bill of costs is ever made out. In litigious matters, where a
to make detailed entries in diaries. 1 have 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-Aro the diaries inspooted ---I don't think xo,
of conditions such as those which had obtained said he had soon witnesses and had obtained our client, the plaintiff, of having stolen the lump sum is paid for costs, it is always neceйmry
not be taken as evidence.
Mr. Potter submitted that conversation could
a
This was done. After that interview Mr. Hatings said he wanted to speak to him after five o'clock and witness went to his room after the staff had left. Mr. Hastings said he The Paissa Judge-Your don't want to go wanted to speak to him about very serions into details. matter. He said he had reason to believe that
Witness It is important that your Lordships witness had been taking money intended for should know what happened, because Mr. the office. Witness denied the charge. Mr. Hastings accuses me of my manner towards
had Hastings said he made independent clients. Subquently Messre, Wilkinson and inquiries and he was sure that it was G. Не Grist wrote on behalf of the defendant accusing for so long. The complete lack of understand their written statements and that he had books belonging to the defendant from the ing amongst themselves and jealousies of each forwarded these statements to his brother, junk. I sent for my client and saw him in my other produced competition that, under biron from whom he land received a cable telling room, which is divided from fr. Davison's by
him to do what he thought beat omphaticul partition, while Mr. Hastings room is on the other stances, might pusily be eliminated: Anotherly denied the sharges and asked for parade 1 asked my client whether he bed done cause of depression was the reduced free board tisulars of the alleged acts of misappropriation. this. First of all he denied all knowlege of the tables introduced by the Board of Trade, He said be was not then in a position to books, whereby a large amount of carrying capacity small suma received in respect of police court
given
ma particulars, bus that they consisted of was suddenly added to existing tonnage. Various coses. He said I must go away and suggested suggestions had been made to stop the ruinous. I should go to Japan astensibly for a holiday competition, but they were doomed to failure and that I should never return. He also sur A method was wanted which would give ship-gested that I should go to Shanghai and start He said I would do very well there. He owners individual freedom in their operations, also said that Hung Kan Ming was in it with and yet admit of their being able to co-operato me, These were his words. He said he so as to eliminate unnecessary competition with had seen Hang, who had made a clean each other. The most likely method to act as a
I told him I knew nothing about the charges, and as he made the deterrent, he continued, to the irresponsible charges it was better that I should stay away building of ships would be to give the parties from the office until the matter was disposed of. who were induced to put up the money some such He told me not to do that, but to come to the office te usual, He also said if I would go away salient data from year to your as would snuble he would undertake that no one in the East them to form a business opinion as to how it would know why I had gone. He had spoken -was-being-controlled,.......
-only to two-friends about the zustter and they were very discreet. He told me to think over his suggestion that I should go away, and the interview anded. I went back to my room and I had been there a few minutes when Mr. Hastings called me back to his room. He said he did not want to ruin me, but unless I would resign he would prosecute me. I again told him I had nevertaken any money intended for the office. I told him I had presente 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
The opinion that shipping would be less depressed to-day wore managers' remuneration generally made dependent on profits was strongly endorsed by Mr. Latte. In the case of his com pany the agreement with the managers provides that in any voyage which does not show surplus of 10 per cent, on management commis. Hionis prid. Mr. Latts showed how the arrangement works: "Its effect is automatio As an instance in point, we had during the year the misfortune to lose the steamer Anglo- African. In the ordinary course your directors, knowing the price of new tonnage to be very low, suggested that this steamer should be replaced. Your managers immediately pointed out that there was no prospect on the present freight market of a new steamer, even of the most modern type, showing a surplus of 10 per cent. Under these circumstances your directors could not in your intereste justify building, preferring, at the risk of having to pay a little more money, to wait till they were sure that the
beat could be employed on a profitable besls. It is common sense calculated on considerations of this sort which must, in my opinion, ultimataly control shipping investments,"
breast of it.
the book somewhere about 81,000. I reminded him that I had $4,000 on joint mortgage with Mr. John Hastings. He said the whole canse of the trouble was living as I did live and spending. more money then I could afford. I said that my ordinary expenses did not exceed $350 a thought, and he said it was impossible to keep up Ja month I
a separate establishment on that
ameant. He again said that I should think ever his regnest
and the second interview onded. go away
Yes, I Did you go to the office next day-Y went as usual. I was trustee of a bankrupt's estats. I am now, I bad separate banking account with reference to that sitate. 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 request was by letter and he did not give any reasons. I drew a cheque at once and The next day, Sunday, 28th, I made a careful note it was paid into the clients' account at the office,
in writing of everything that had taken place in tha interview with Mr. Hastings, and I handed that note to Mr. Harston a day or two later and
has boon 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 looving.
That was the letter which has been pat in Pune That is the letter of secreation. It is the letter in which Mr. Hastings accused me of taking money.
E
Yon agree I think they considered I was a valuable man it that time. There was only Mr. George Hastings and myself thers whilo. Mr. John was away.
•
Do you suggest that they don't at the present time consider you to be a valuable mau I ara When did you cease to become so indispens ablo-After Mr. Davidson came out here and got into the way of the work.
Mr. Davidson, I believe, canie ont in Ooto 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 7-Yes, nighteen monthe..
Do you suggest that it is because you are not so indispensable that this this case has been brought against me because case is brought against you!--I suggest that 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 salary, and commission, and holidays, John Hastings has gone into the box and perjured himself?--I suggest that Mr. Joha Hastings in the first place was misled.
Is your diary open to inspection -- Yes. Where do you keep it On my desk, unless the costs cleric is using it copying out entries The Chief Justice-This is in explanation Continning, witness said-In the majority of The issue is raised definitely by Mr. Hastings eases my diary contains no record of clico letter in which he stated that Mr. Dixon behaved Court cases, the costs having been paid in badly to his clients, and Mr. Dizon is explaining advance. I should like to point out to your Witness, proceeding, suid the man said the Lordships the very significant fact that this bailiff had done it withent his anthority, and entry with regard to Wan Hi is in Mr. Kent's then he said he had asked the bailiff to do it
handwriting Never before or since that He gave three or four absolutely inconsistent excuses. I told him he was lying and that he occasion has his ventured to make an entry in would not get judgment if
went into Court. my diary.
The Chief Justice-Is that in your diary-agreement. Mr. Hastings YOR. him Angry with board nte and
100m. Al came into the man asked Mr. Hastings if he King's would take the case because his know him. And this case was one of the excuses raised by Mr. Hastings for suspending mo.
WQX
WAS IN DESPAIR
OVER RINGWORM
Caused by an Infected Razor- Spread Over Neck and Chin- Prescription Made No Impression on it-Lasted for Six Months.
NOW FREE-HAS HIGH
PRAISE FOR CUTICURA
I am very glad to tell of the skin troublo I suffered from for quite six months. I went to a barber's and all through a diety razor or brush which must have previously been used on a oustomer who was suffering from a skin disease, I caught ringworm. It covered my nook and chin and no sooner did I get rid of it in one spot when it came out again in another place worse than ever. I was beginning to utterly de- pair of a cure and I greatly feared it had gained a firm and lasting hold an my skin. All my doctor's ointment seemed useless as it made little or no impression on the disease. At last 1 tried using Cutieurs Soap and Cuticura Qintment. I daily used these for about two months and I noticed a very marked improvement in the disease. The largo rings began to get much lighter in color and the skin had a much more healthy appearance. And now, after three mouths," I may say I am cured. I still continue to 125 Untieura Soap and Also Cuticura Olatment in very small quantities. I shall always recommend the Cuticura Remedies to all my friendly nooding & skin euro, and, although † sometimes doubt a great many so-called 'akin-cures' I call Cuticura very genu- ino and most useful. Henry J. Mozon (St. John's Coll., Camb.), 9, Devonshire t., Brighton, England, Sept. 19, 1908."
BABIES CURED
Of Torturing, Disfiguring Humours by Cuticura.
The suffering which Cuticura Roap and Cuticura Ointment have alleviated among skin-torture), disfigured, infantà and children, and the comfort they have Borded worn-out and worried parents have led to their adoption in enuntless homes as a pricelesa treatment for all humours of the skin.
Cutients Remedies are sold wherever the BriSIAN koo de la Paix: Austrils. R. Tow & CO.. Depot: London, 27, charterhouse Squ Bydney: India. B. K. Pan), Calcutta; Bo. Alries, Las boz, LA, Cape Town, Fle,: 11. A. A. Potter. Ding à -Carm. Corp., Bole Props. Benton,
al-Post-free, frum: Lëndən depot, Users) sample of Cauteur, with 32-page book on akta discount.
519
Mr. Potter--Will you give me an answer? The Chief Justice-That is perfectly correct. Witness-And that he has been anxious und eager to accept the statements that have beon made to him by the thiness, as an excube getting rid of his liability to me under the
Do you suggest that he is still only misled ---
Hastings charged you with having taken certain What do you suggest now?-I suggest that monies, said he had proof of it, and yon denied he has wilfully and deliberately misconstruedit -That is so my statement to him that I had received pre- And you agree that Mr. Hastings gives a embezzled his firm's money,
view -Quite.
The Paisze Judge-Did the fact come out in No. Cross-examination
Mr. Potter-No.
diary..
In other words, that he has wilfully misstai- ed what took place at the interview That is 80.
The Chief Justice-Are all the entries Mr-Calthrop When did you first hear this throughout your diary in your handwriting seats from clients, into an admission that I had correct accean of that Hest part of the inter
No, I dictated them to Tam sometimes, but it specific ground of complaint!When Mr.is not Mr. Kent's duty to write anything in my Hastings gave his avidance in Court, I challenge Mr. Hastings to show that my con duct towards any respectable Chinaman hae not been expetly
it what ought to be. Were you suspended?Yes. I only went to the office twise, when Mr. Davidson seked me to explain some matters which I had in head.
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 Jou made any promise to Mr. George ti satings!, standing your promise to Mr. Hastings, had
No.
The Puiste Judge-1 don't think this was pot to Mr. Kent? was volunteered by Mr. Hastings in his evidence
Mr. Potter-No, but I think the statement
in chief.
The Chief Justice-Vr, Kent must be recalled.
ar. Calthrop--What powers had you with regard to arrangements for costs ?--I exorcised my discretions being absolutely without any supervision. I frequently consulted with the partners in heavy matters.
Then what did you do with regard to Police Court cases in which you received certain sums and the case did not take
Docs not that amount to perjury; to wilfully miastate & material fact ?—It does.
Therefore your answer is that Mr. Hastings has wilfully committed perjury in order to save salary, commission and holidays, is that so That is so.
You might just as well have said it in the beginning You asked me if it did not smount to wilful perjury, and I said it did.
Do you suggest that he has entered into a criminal conspiracy with, the witnesses; or-do you suggest that he was only misled ?—I cannot offer any suggestion on that.
Can you give me any other motive for Mr.
this, "I have no wish to prosecute you, but I He called you back, and I put it to you he said don't see how I can possibly keep you in my offco after what has occurred "He said, "I don't want to ruin you, but if you don't go away or resign I shall prosecute you.
or an
admitted taking money, but they were only Mr. Hastings says you stated that you small sums, and there were only a few occasions when yon did it-I deny having said that.
Do you think that that: is a bona fide mistake.
invention I think it i
t is an invention. So that Mr. Hastings' evidence really a mixture of truth and lies That is eo.
You also agree that he suggested that you
go to Japan-Ho did, and Shanghai, Did you tell him that the only things you had
I can substantiate everything in it. It is Why did you not put that in your affidavit ? much more complete affidavit than Mr. Has tings.
should
With regard to your living expenses are you ready to produce all particulars I am, Hongkong and Shanghai Baak..
Where do you keep your banking account any longth of time P-If I agreed to do a Hastings committing perjury in this way received from clients were presente?--I did,
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. Dixon to take the onus.
Mr. Calthro-Yos, my Lord. The Chief Justice What is your contention on this point?
Mr. Calthrop-I am willing to producp oll accounts so show how he spent his money,
The Puisne Judge-What he received or what he spent?
Case for $50, and a man paid $20 or $30 on account, and it when I got to the Police Court I found the charge withdrawn, Inover thought of asking the chent for the balance:
The Chief Justice-In a case like Wan Hi's, you would never think of asking for the balance P-No, my Lord.. I would consider my self very well pail, and morever, if he had paid $50 and came and asked me to refund part, I
should have done iti
ME, DIXON CROSS-EXAMINED,
I believe, Mr. Dixon, you joined the firm of 1904I did. Messrs. Hastings and "Hastings in October.
except that he wished to save salary, commission and holidays P-To strengthen his case as well.
I don't want to argue that is not a motive, Question repeated-To strengthen his case, I repeat.
Do you mean in order to get rid of you from the firm?--Certainly.
In order to ruin you, in other words ?-That will be the result of it if he is muccessful.
Why did you not put this matter of receiving presente in your affidavit of June 10th-I did not think it was necessary.
What?- did not think it was necessary. I was acting under advice,
Bearing in mind your answer of a few min-
Are you not aware that Mr. Hastings is leaving the Colony in October of this year-Iutes ago, that Mr. Hastings had misconstrued sin not..
Were you ever aware of it?--I understood when he returned last October that he was going to stay for six months only.
And then that he was going to retire from the firm ?That was the rumour.
Now that you have heard Mr. Hastings atat-
And may I take it that from October, 1904, up till March 26th of this year you were on good terms with Mr. John Hastings Not on very good terms since his return in October last.
Do you suggest you were on bad terms?-ing that fact in the box, do you believe the No. I don't. But we were aut on such good rumour was true Mr. Hastinga atated that terms as previously.
he was going to leave at the end of the year.
You accept that statement of Mr. Hastings? -I am not disposed to dispute it.
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 as 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 Puise Jalgs-Has there been a disternas No. covery in this seas?
Mr. Calthrop No, my Lord. The Chief Justice-It is only an isme. It is not exactly a sivil procedure. It is an issue What did you do?-I went to see. Mr. on the motion. There are no preliminary pro Harston next day. The same ovening I saw ceedings. What have you to Bay Mr. Potter? Hang Kam Ning. I arranged with Mr. r. Potter-My friend says I can see Mr. Haraton to take Hung's statement. Mr. Harston Dizon's banking account if I wish. I have had an interview with Hung at which Hung not the slightest desire to see it. made a statement. I was also present.
The Chief Justice The question was-I sto What happened after that interview-Ou ready to produce all particulars of my expenses. the day afterwards, Messrs. Ewens and farsbank at the Honkong and Shanghai Bank. ton wrote a letter to Mr John Hastings on my Have you anything to suggest on the point? behalf denying that I had made any admissions. Mr. Potter-If I come to cross-examine on
Letter read.
this point my friend can go into it more fully Qu that
day dild
to
from. r Hastings receive another letter afterwards. At this, stage I have nothing
The Chief Justice We will adjourn for five minutes to discuss it.
Either that day or the day suggest. before I received a letter from him asking me to return my agreement signed by me cancelling my agreement with the firm.
When the Court resumed,
An important agreement has been concludit between several of the leading lines of steamers operating in the Pacific and the North Atlantic for the purpose of conveying cargo to and from Europe by way of the Isthmus of Tehuantopes, Mexico, Baross which a railway was some time ago opened. This new route promises, indeed, to be a formidable competitor of the Panama Canal, notwithstanding the fact that tranship ment will be necessary. The railway in tess than 200 miles in length, and splendid facilities for the rapid despatch of steamers at Salion Cruz, on the Pacifio side, and Puerto Mexico on the Atlantic, have been completed. In the Pacifle the new shipping combine" includes the Komnos and American-Hawaiian lines from Paget Sound, and the Canadian-Mexican Steam). ship Company from British Columbia; while the lines forming the West India Conference, including the Hamburg-American, Royal Mail
What happened then-After Mr. Hastings Steam Packet, Leyland, Harrison, and Franch had received the letter from Messas. Evers subordinate issue the onus does not lie on the The Chief Justice said-We think in a Tranatlantie Companies, will operate in the and Harston he sent for me to see him in his aide complaining, but in a subordinate issne Atlastic and convey cargo along the Mexican room, and I went. He said: "Well, Dixon, 50 which Mr Dixon may think important he must and North American coast, as well as to don't want to fight, bat I can't go away as you He frust not throw it on the other side inferen you hare determined to fight me." I said, I taka the snuscf proving it if he thinks pecesary European ports from Bilbao as far north as want me to." He said, "If you don't go away, fially. If he does not he must take the risk Hamburg. It is estimated that the passage I will ruin you." He also said, "Why of the court drawing such inference from the from Seattle and San Francisco to Europe will don't you go to Canada? If "I were a facts as we are led to. It was necessary we be done in six weeks (saving over 5,000 miles around in my luck I should go there should consider this vere fully, boranso the sup
to be made there." токсу compared with the Cape Hora route), which for I said I preferred to stay in Hongkong, where
gestion was thrown out by Mr. Dixen that the other side could see the accounts. fast transportation compares with that via the could makes little. I deny, my Lords, that
The Puise Judge--I should like to add to United States railways and then by steamer I asked him to allow me to practise in what the Chief Justice has said, if they are put across the North Atlantic, while the rate on all Hongkong. He said he would not allow mein by Mfr. Dion they must be his evidence and
to practise in Hongkong, as I should cut into part of his case. classes of goods will be considerably less. De-his business. I told him I did not think I velopments are also about to take place in another should do bin much harm, and I told him direction. With view of saving the expense undertaking not to do work for certain I was prepared, if he desired it, to give 20 of passing through the Suez Canal, one of the people who he really could say were his principal Japanese steamship companies intends clients. Ho said such an undertaking was not to utilise the Tehuantepec roote for its services practicable. He also said, "What will all the → course which will also avoid the long jour other solicitors say if I allow you to start and open your own office bore? There are two
of
Examination continued.
How much a months have you, received since you came here?—In the first year $275 a month, in the second year $25 a month more, an average. and in the fourth year about 8455. of $300 a month; in the third year about $375,
mission?
The Chief Justice--Is that salary and ocm Witness-Yes, I have also received 330 a
Do you suggest you were not on friendly
Then what do you mean? That we were act on such friendly terms as before.
You told my friend that six months after Hastings your salary was voluntarily raised? you came to the firm of Messrs. Hastings and
I believe it was.
At that time Mr. John Hastings had no partner He had not.
exchange was falling
So therefore he alone would be responsible for this voluntary rise Pir, bsolutely.
The Chief Justice-That was the time when
Mr. Potter-No, that is another casa. This ia a voluntary rise of salary six months after he joined the firm.
Witness-Exchange rose to this extent: that although I got a rise in salary of £25
year, I was not getting any more dollars than when I came here first.
rise yon gat was in consequence of a rise in The Chief Justice--I think you said the first
exchange P-
The Paisne Judge Then the first rise in
I nothing to do with exchange - your salary had
attitude at any rate, did it It did not
Mr. Potter-That did not show an nufriendly
Now, soustame later on you asked to be put on a fired-dollar basis 7-That it so.
No.
In October, 1905, were you bot volautarily given a commission of one per vent, on the 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 year.
And at the end of that first year you got the rise as well as this one per cent. commission It is quite possible.
In April, 1906, you asked to be put on a fixed gone up to about 2/2P-Xes. dollar iasis, and I believe the exchange had
And your wish was immediately acceded to, is.
it át all.
And that he was going to leave the business to be conducted by his brother George?-Yon.
And you're told us along that with George told you so, but I wak you were on very friendly terms?I haven't
these words of yours about presente, dibi't you think that it was of vital importance that it should be in your affidavit-No, I did not.
The Chief Justice--I don't know in what manner this affidavit was put in, or why it was pat in.
Mr. Potter-It was put in in this case. The Chief JusticeHas it been referred to before?
Mr. Potter --No.”
The thief Justice- For what purpose was it
in p
put
Ms. Pottor Whon wo pat in an affidavit in support of the motion that Mr. Dixon should be struck off the rulls he replied with this affidavit. (To witness)-I want to know again, Mr. Dizon, why did you not mention this matter about If Mr. tastings was leaving in Cetober, presents you know in a measure it was a would not your assistance be more necessary defence?It was not considered necessary to than ever it was- I don't think it would, put it in at that time. These affidavits were because Mr. Davidson bas come ont since only to make a prima facie defence. We George and I alone managed the business. are not bound to disclose all our cards in that Hasn't there boon three solicitors in the firm affidavit. I made a note of it two days after of Hastings and astings over since. you cants the interview with Mr. Hastings out The first year that Mr. John was away, Mr. George and I alone managed the business.
t any rate you did not think it of sufficient
importance to put it in your affidavit-We
I put it to you that the few months before did not think at that stage of the case that it
6
Mr. Davidson came out was the only time when was necessary to put more in the affidavit than there were two solicitors only in the firm - That is not so. From March, 1905, till March, 1906, there were only two solicitors in the firm. Mr. George Hastings and myself,
But you ogrom it is a very important fact?—— It may be an important fact altimately,
You admit, Mr. Dixon, that you have taken presents from clients-When the transactions were completed: never during the progress of a case.
I put it to you that now when Mr. John Hastings leaves this Colony in October, you are practically indispensable to the firm of Messrs. Hastings and Hastings ?--I don't think so now What form did these presents take --I have that Mr. Davidson ta'ont:~
had urticles of jewellery and on a few occasions. Was not Mr. George relying on your s8I have had money for the purpose of buying sistance after the rotirement of Mr. John P-I something. I had two blackwood chairs once. don't know.
Was this with the knowledge of your em ployers? When I have presents?
At any rate, if Mr. John Hastings intended to leave the haines at the end of this year, what would be his object in trying to save salary, commission and belidays? "He would still take his share of the profits of the business. The goodwill belongs to him and I appose he'd want to be paid for it.
If he handed it over to his brother, would you then suggest that he would perjure himself to save salary, commission and holidays-That is a hypothetical question I am not prepared to
answer.
ney round India and through the Mediter many solicitors firms here already." I toli month interest on a mortgage of $4,000 for four that sof-Yes; I don't think they besitated about don't think it would
ranean, and thus establish a rapid connection him I could possibly get a partnership in some with North American Atlantio and European firm here, and he said No one will give you a partnership after I have finished with you." He
years.
Yea were to be on a 1/11 basis, although the exchange was considerably higher-Yes. It though.
At any rate it is a matter that would affect Mr. John Hastings What P. Giving up the goodwill?
Saving salary, commission and holidays-I One thing you are cortaia of, and will swear, is that in order to save salary, commission and holidays Mr. John Hastings has perjured him. As to this interview of 26th March, I think we are practically agreed as to what was said at the first portion, of the interview.
Where did you get that money ---From home. porta. The possibilities of shipping Canadian aid I had admitted taking office money, I told Yes. I received £100, £60, £70, and £40-£270 was considerably lower when I came out here, self? That is so.
Did you receive other moneys from home fr
grain from Vancouver is the same route are him I had not, and he said no one would believe in all. not being ignored.j
Imy word against his. I then left his room.
Yon had tho £400 from home -Yes.
And of course that was not in i your agreement either-No.
Mr.
Yog-I received last Christmas & silver cigarette box which I showed to Mr. Joha Bastings.
Then it was without their knowledge --No. with their knowledge.
When you received the money wore your employers aware of it -I don't know. I think that I received a present of money last summer and Mr. George Lastings was aware of it, or I think he was.
The Chief Justice-Yon say you received money to buy something. Did you invest the money in buying articles-Well, possibly not,
Lord.
шу
Mr. Potter Can you tell what the amounts were?-I received $100 on two occasions and 850 on two occasions. That is practically all I have received in money,
Can you suggest why Mr. Hastings should write this private letter to his brother?-It was part of the scheme for getting rid of me.
(Continued on page 5)