THE ALLEGATIONS AGAINST A SOLICITOR.
EIGHTH DAY.
The Chief Justice-It does strike me funny.
The Fall Court (their Honours Sir Francis Piggott, Chief Justice, and Mr. H. H. Jdence. Gompertz, Puisno Judge) yesterday resumed the hearing of the case in which Mr. C. F. Dixon was called upon to show cause why he
should not be struck off the roll of solicitors..
The application was made by Mr. Eldor Potter, who was instructed by Mr. C. D. Wilkinson (of Messrs. Wilkinson and Grist), while Mr. Dixon was represented by Mr. II. G. Calthrop, who was instructed by Mr. J. Scott Harston (of Messrs. Ewens and Harston).
Mr. Dixon, re-examined by Mr. Calthrop, said in wldition to his salary he received interest on his share of the mortgage. That was paid in dash. During 1918 Mr. Sergeant, of Messrs. Wilkinson and Grist, stayed in the house and Witness shared the expenses of messing, producola cortificate from the Bank showing that $5,000 was transferrol from his current account to fixed deposit on 25th June, 1905. It showed that his current account was credited with the equivalent of £100 on 27th December, £60 on 2nd April, 19:6, £70 on 10th July, 1906, and that the balance on current accoànt on 31st December, 1907, was $2,295.28.
Cross-examined by Mr. Potter---84,000 of the $5,000 was put on mortgage?—Yes.
With regard to these items did you write home for that money ?-Yes.
You mean that at the end of 1905 or 1906 you required money No.
Did you ask it for the purpose of investing money -I had an idea of investing.
Did you invest any --I invested $4,000. If you did not require it for investment why did you ask for it? Was it to meet your current expousca - No.
You had no particular object? No. If any likely investment came along I would invest it And no likely investmont came along ---No. From whom did you get it P-Is that material. I suggest it is material P-I got it from home. Did you get it from your father -No. Do you object to tail from whom you got it No, I got it from my uncle.
You say that although you had no need for money and although you did not invest it you asked your ande for money -He bas often given me money.
Ton wrote for the money? Do you wish to go beak on that No, I don't wish to go back on it. Then you did ask him for these sums of money ? Yes.
The Puise Jndgo-Has the mortgage been paid off
Witness-It was paid off three weeks ago: Witness-I should like to amend the state ment with reference to this money I received from home. I had £200 when I was at home and it was remitted to me by my uncle,
Mr. Potter-Is that part of this $4,001 de posit - Yes.
Mr. Kent, cashier, was then called and quas tioned by the Chief Justice with reforemos to an entry he had made in the diary in connection with the Wan Hi case on 8th January,
The Chief Justice-Would you consider it your duty to make entries in a solicitor's diary-Yea.
Have you ever been authorised to do it? No. Have you ever reported to anybody that you had done it?
Have you reported to the owner of the diary ? Yes. Sometimes I was told to make an entry at the time in the diary.
Who told you-Mr. Dizon or Mr. Hastings Were you told to make that entry --No. When you made an entry in the diary without
i
1
as
The case for the defence being closed, Mr, Potter asked to be allowed to call Jr. Hastings to question him on several points not
olicited in examination.
Mr. Hastings then entered the witness box and explained the duty of the cashier with reference to entering costs. On the occasion in question Mr. Dixon ought to have entered his attendance.
The Chief Justice thought the entry se to costa was sufficient and, expressed his surprise that others than the owner should be allowed to make entries in a diary,
Mr.stings replied that it was not a personal book, but an office book.
THE HONGKONG DAILY PRESS, FRIDAY, JUNE 25TH, 1909.
decision adverse to his cluat,.
The hearing was adjourned until to-day, when Mr. Potter will reply.
ANTIMONY IN HUNAN.
Mr. W. M. Rewett, H.B.M.' Anting Consul at Changsha, has the following references to the trade of the port in Anturony
tive in oolour-vision, and Mr. Trat which the other side copld substantiate their found detepen subjected to a re-cpmination charges was to prove one at least of the alleged flow was there proved successful. In 1905 Mr. Trattles pressa. on this occasion, was The Fulge Judge-Do you attribute any acts of misappropriation. If their Lordships in which he aged himself for his First
did not believe the evidence put forward in Mate's certifiante but, sinister significance to this!
on appealed to Mr. Calthrop-It is an extraordinary coinci.support of the three charges, then they mast Exiled to colour on by the Board of
Trade Examiner. He therety.
xamined at come to the conclusion to dismiss the case. They the Board of Trade and was must not rely on the alleged confesion which South Kensington by a specialist who shot had been sbsolutely denied, and which was most the examiner's decision. The Board of Tride improbable. In no way bad Mr. Dixon been then requested Mr. Tratiles to surrender his shaken a cross-examination, And he would Second Mate's certificato which he deshed to
examination at the Central London pthalm submit that fu a case like that their Lordships do. On his own part he presented himself for must be satisfied beyond all reasonable doubt by Hospital and the South London Royal Infirmary, direct evidence that the offences alleged hail obtaining certificates from both that his calonr ordered a Local Marine Board Inquiry in order boen committed, before they could come to a sense was good. Ultimately the Board of Trade that Mr. Trulles' certificate as Second Mate might be confiscated on the ground that be was defective in colour-vision. On this being held in London the Local Marine after testing Mr. Trattles themselves, declared that he was competent. In April, 1906, Mr. Trattles again presented himself for examination for his First Mato's certificate, was examined in Trade Examiner in London. He then sat for celcars and passed in this respect by a Board of the remainder of the examination, in which he was successful, and obtained the Examiner's Certificats. Subsequently the Registrar General authority for the issue of his First Male's of Shipping and cramen informed Mr. Tratles ΟΣ the that his examination had been cancelled ground that he was enlour-blind and his certifi ate was withheld, The President of the Board of Trade, ou being appealed to, declined to inter rose, and Mr. Trattles therefore has been with out his First Mate's certificater for some consider able time. The Imperial Merchant Service Guild are made arrangements for bringing the casser of Mr. Trattles before Parliamerat very shortly;
entations to
to the Board of Trade pointing they have also addread the strongest repres the injustice of this case and of the most unsat isfactory nature of the present Board of Trade tests in colour vision. The Guild new lesen that the Board of Trade have consented to give Mr. Trattles a re-examination in the course of the present week, and have agreed that his own specialist shall be in attendance at the same time. The Guild, also, hope to have a repres entative present, if possible, so that they may have some opportunity of judging the park cular features of the matter.
Is it true that at the interview of 26th March Mr. Dixon told you he had at times taken presents from clienta P-It is not true,
Did you know that Mr. Dixon had taken money presents on four occasions ?--I did not know anything about it until I heard him say so in the witness box.'
In your opinion is this proper conduct ?--No.
I don't think it in,
When you arrived in this Colony on 8th October last were your relations with Mr. Dixon friendly or otherwise I was on most friendly
terms with bira.
Witness then mentioned instances of his having invited Mr. Dixon to his house. Mr. Dixon dined with them in November last, and was invited to dinner on Christmas but declined. He joined them on a picnic to Deep Water Bay on 2nd January.
Mr. Hastings, in reply to the Paisne Judge, said it was not possible to have framed his charges against Mr. Dixon into charges of receiving prosents from clients.
Mr. Calthrop then rose to address the Court. The Chief Justice said that unless Mr. Potter
objected they would prefer to hear him first.
Mr. Potter contended that as this was purely civil procedure he was entitled to have the proceedings carried out as in a civil case, and therefore although willing to defer to their lordships wishes, he preferred that he should follow Mr. Calthrop, as he was in a peculiar position, his cliente being charged with perjury and criminal conspiracy,
Mr. Calthrop then addressed the Court. He mentioned that the charges had been reduced to three, one with respect to Wan Hi and two with respect to Wear Hui Tung. Two of those were distinct charges of embezzlement, and he argued that the question to be decided should be decided by their Lordships in the same way na it would be deoided in a criminal court before a jury.
Mr. Calthrop then referred to the evidence in detail, and said that on the whole of the evidence brought by Tam with regard to Hung it was clear that Hung was led to believe that if he would make specific charges concerning the allegations against Mr. Dixon he would get back his position as interpreter.
Mr. Potter said that was not a fair statement. Mr. Calthrop described the reasons given by Hang for leaving the office as ridienions, and said their Lordships must satisfy themselves whether on the evidence of the witnesses called, any person in the colony ought to be convicted a serious criminal offence. Dealing | of
next with the evidence of Mr. Hastings, he said it was most important not only in the interests of Mr Hastings himself, not only in the interests of Mr Dixon, but in the interests of the community, that there should have been a
:
The increase in the export of crude antimony and the decrease in the export of ore are both antimony works are in touch with London and noticeable. The local notables who control the are kept fully informed as to the prices ruling It seems probable that in the London racket, the export of ore will continue to decrease owing to the erection of new machinery and the perfect handing locally of the oro, and that moro the export not only of crude but of refined antimony (regalus) will steadily increase.
The increase in the export of crude is no doubt due to the presence of a foreign buyer in Changsha The old dificulty still exists of
realise the inducing the sellers to nature of a contract, but constant pending contact between the native seller and the foreign buyer ought, with patience, to romove this serious obstacle to a satisfactory working basis, and it seems likely that in future contracts will be more pauctually fulfiled.
The price of crude, Changsha alee, varied from 144, 136, d. to 117. 6s. Ed, and of ore from 4d 13x. 4d. to 6. 138. 4d. It is hoped with the new machinery to produce refined antimony con taining at least 99.60 for rent, and possibly 99-80
per cent. of pure antimony. The relative valne
of refined to crude will be about 261, 138. 4. to luz. 108. 4d.
however, now at an end.
A Hunan student in Paris bought new plant and engaged the services of two French engi neers to proceed to Changsha to supervise its eraction. This was completed towards the close of the year. It is hoped with now machinery to produce the refinal antimony mentioned
above.
A foreigner, well qualified to give an opinion, states that the richest are found in Human is only equalled by one mize in France.
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AUCTIONS
PUBLIC AUCTION.
HE
from A. L. STEIN, Esq., to Sell by Undersigned have received instructions Publio Auction,
On MONDAY,.-—_. Bosidence, No. 1, The Albany, the 28th June, 1309, at 2 PM., within his THE WHOLE OF HIS VALUABLE HOUSEBOND FURNITURE,
Co uprising SILK TAPESTRY DRAWING ROOM BRASS-MOUNTED DOUBLE out BETTE
BEDSTEADS & MATTRESSES, MARBLE-TOP BURJAUS, SINGLE and DOUBLE WARDROBE with BEVELLED GLASS, TEAKWOOD HATSTAND with BEVELLED GLASS DINING ROOM SUITE by Mesas, Wm. Powell & Co., L., BLACKWOOD DESKS, VELVET-PILE CARPETS and BUGS, 01L PAINTINGS and ENGRAVINGS, Old CH. NESE VASE STANDS &, &o. BATH BOM, PANTEY and WALL PLATES, JARDINIERES and KITCHEN REQUISITES, and quantity of HOUSEHOLD LINEN;
WORK FOR EXPLORERS IN During the past yours the ones in Changsha
CENTRAL ASIA. has been so crudely smelted tlut waste ashes have been found to contaia 30 per cent. antimony,
Writing on Unexplored Central Asia in the many thousands of tens of such ashes lare, frem time to time, been thrown away and money bar Jane number of Travel and Exploration, Colonel all the little difonlt to find even in Tibet a field which been made, to my knowledge, by at least one Sir T. H. Holdick says that It is becoming a enterprising foreigner who bought up a
geographical
explorer In south-eastern Tibet i one district which remains ashes he could. This form of speculation is, offers & really, satisfactory Roope to the
however, there is still completely unexplored "Here there culminates a snow-peaked divide which parts the Brak maputra from the upper sources of the Satwin and the Mekong ere they follow the narrow thu down in long curves to Burma. Hardily has ditch like troughs which carry them sweeping
Forrest has even Another point should be noted In the past eye of any traveller rested on the snow peaks low-grade ores have bean rejected owing to the of this stupendous group. imperfect furnaces in use, but with the new them from the Upper Salwin, but there perfect machinery all low-grade minsa should is no other record. Under the shadow of them of Payal and Zayul. We have heard much also become valuable and the export of antimony on the south-west are the two Tibetan districts be greatly increased.
about these districts from the hearsay reports collected by native explorers, but we really know nothing except that their drainage finds its way into the Brahmaputra just at that part of its course which no European has yet fellowell, his is still the great probiont of Tibet. This watershed of India marked out by byen Hedin is a splendid accession to our geographical The shipping world, and particularly those knowledge, but the mapping of the deep gorges holding Captain's and officer's certificates, and magnificent falls of the Brahmaputra Hays the Secretary of the Imperial Merchant between the plateau and the plains would be a Bervico Guild, are greatly ofercised by two yet greater achievement, and they are still left extraordinary cases where candidates in the for future exploration.” been failed both at the ordinary Board of Trade present Board of Trade colour-vision text have examination and on appeal where the examine- tion was conducted by specialista appointed by the Board for the purpose. One case was that of Mr. Walter H. Glover, who passed for Second Mate some eighteen months ago, and London served in this capacity or board steamar. On presenting himself for a certificate of competency as First Mats he was failed in colour-vision although he had passed successfully in this respect before. The Board of Trade then
Mr. Glover's certifloute as view, to being taken away from him on the invmpetency in eyesight. Mr. Glever, how- ever, produced the expert evidence of Dr. Wn Etties, of the Royal Eye Hospital, who test fied that Mr. Glover was not colour blind. The London Local Marine Board after bearing the evidence on both sides decided that they would themselves Lost Mr. Glover. On doing so, they decided that he was not colour-blind and that his certificate should be returned to him. The Imperial Merchant Service Guild being greatly bors are concerned, have also had their attention concerned in this matter, in so far as ite mem drawn to the case of one of their members, Mr. Joka Trattles, which is even more extraordinary than that of Mr. Glover. In the your 1904 Mr. Trattles, preparatory to sitting for bis 2nd Mate's certificate, was examined in colour,vision and passed. A low days after the Board of Trado discovered that his brother had been gradually improving.
WEATHER REPORT
The Hongkong Observatory yesterday issued the following report:-
On the 23rd at 6.55 p.m.-digmale lowered On the 24th at 11.55 a.m.-The depression). which moved into the North part of the Gulf of Tongking last erening, is this morning The barometer has risen considerably to mo approaching the neighbourhood of Haiphong.. derately in Hongkong and over: Faymoan Bed with the Loochoos; and fallen slightly over the E.
ground of
being told did yon report to the owner that you third party present at the interview when ordered a Local Marire Board ond Mate coast of China and the Sea of Japan.
had done so ?—No,"
Why not? Because I did not think it was
necessary.
Can you show other diaries, that of Mr. Hastings or Mr. Davidson in which you have
made entries BYOB.
Did you get this entry from the rough cash book! Partly and partly from the interpreter. What did the interpreter tell you?-1 asked him what the money was paid for and he said it was for a police court case.
---
1.
Did he tell you details -Yes. The costs wore $50 agreed upon.
Why didn't you put it down P-I put down the coats on account.
Mr. Hastings made charges against Mr. Dizon. No specific charges were made against Mr Dixon until the affidavits were filed, and it was not likely that he would bare made suck an admission as Mr. Hastings alleged, Mr. Dixon know there were certain circumstances in his life which might make hiza shrink from publicity and those were known to Mr. Hastings, It might well be that Mr. Hastings would say If I write and say he has admitted it he will not dare to dispate what I say; he will come down, for who would believe Dizon's word against that of Mr. Hastings?"
Mr. Dixon fortunately was made of sterner stuff. He was not going to give in to a charge Why didn't you put down $50 agreed costs of this description; he was innocent of the as the interpreter told you ?--I don't usually.
oharga; and knowing himself innocent why You don't usually make entries in the diary? should be be hounded out of the colony on the -No.
Why didn't you put down what the interaccusation, even if the accusation was made by preter told yon, $50 agreed costs?--I did not think it was necessary.
"Mr. Potter then examined witness to show that when costs had been paid they should be entered in a portfolic. Whes witness saw the $30 entered in the rough cash book he -wished to enter it in the portfolio, but found there Was none, and on looking in Mr. Dixon's diary he found there was no entry, and vc he made the entry he did. As a matter of fact he knew something about the matter as Mr. Dixon had handed the $30 to him.
Tho Chief Justive-This portfolio is a record of all details which might be inferred to afterwards
Witness--Yes.. Supposing there had been an agreed smount of costs should that not be entered in the portfolio - Yes,
Mr. Calthrop cross-examined witress as to the portfolios being written up from the diaries, witness stating that the diaries were sometimes written up the same day and sometimes the day after the occurrences. He did not enter the $50 because the costs might be more.
The Chief Justice romarked that it was as a junior clerk should make tonishing that entries in a solicitor's diary.
Mr. Potter-When my friend's en saclosed I will call Mr. Hastings ou that point.
so eminent, so respectable, and so honest a member of the community is Mr. John Hastings! He was bound in honour to fght him, although it might have been to his interests to have gone away at once. It might well have happened that a weaker man knowing he had certain matters which would not be favourably considered by the general community, knowing there were certain phases of his life. not in accordance with correct views, it might well have been that a man in that position would have gone away and said—” It is no good I cannot fight this case, my employer has got some evidence, as uny employer can get evidence when dealing with Chinese- but not Fonly that, he saga. I made an admission." Mr. Dixon's, conduct throughout had been that of an innocent man. The reasons given in the letter for dismissing Mr. Dixon were without founda. tion, and while the defence could naturally call no other-witnesa but Mr. Dizon, the other sida had not brought Hung to corroborate the stories of their witnesses. Mr Dixon had submitted his financial details to them very readily, and before their Lordships could find him guilty they must consider each chargo, and satisfy themselves on each of the items. The charges ware only sup- ported by the evidence of witnesses who contra- dioted each other in most material particulars. In conclusion, he submitted that the only way in
Pressure remains high over the Pacific to the E. of Japan. It is relatively low between the E. coast of China and the N.W. part of the Bes of spati. S., winds may be exposted in the
Moderate
ongkong and Hainan Formosa Channel and strong but decreasing B.E Hongkong rainfall for the 24 hours ending winds between at 10 am. to-day, 2.08 inches.
The forecast for the 24 hours ending at nee Hongkong & Neighbourhood{") to-day is as follows: Formosa Channel
Hongkong and Lainocks. South coast of Chirs between South coast of China between
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TARTICULARS and CONDITIONS of
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