THE ACCUSATIONS AGAINST A SOLICITOR.
THE FINDING OF THE COURT.
Mt. DIXON SUSPENDED FOR THREE YEARS,
THE HONGKONG DAILY PRESS, TUESDAY, JULY 6, 1909.
police court cases. This would cover Wat Hi's case, but not Wong's case, But there is a far more serious matter to which I called the attention of the learned counsel engaged. At the opening of the case Mr. Calthrup very visely asked for the charges against his client to be formulated, and they were formulated But this was for the saka of
to the case. It could not possibip Precision, wldch the present charges are hasad, n the rotained by Wong Hi to defend of the
1
bring to the notice of the court certain alleged he has made it and must in giving his I do not think we can look at it as merely a Mr. Dixon denize, and anys that he imitted I demanded by him or paid by Wang Ui
Hovor
to
had to considor was whether this not attached to this man's ovidence in this ques-absolutely denis it. Nothing is more difficult the same day Musar: Ewenn and Harston drawer and then went out. Wong Hi ask-
this was
وات
of the question before ths of counsel on made such an agreement and that he was not positic that Mr. astings has deliberately per- before. ns. The Arst two are based on the took place corresponds bstantially with that
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in connection with the administration of oaths
retaining the balance himself and giving to him, be done they must be dismissed. I come.
the evidence of Wong Hi that he paid and irrospective of the duties of his
Hung, part of the money. Though Mr. Has now to the third charge, which rusts on office are these: He may lako statutory
tings pressed him for instances, he gave none,
As a result Mr. Dixon 820 for balance of costs. It i
nover credit. declarations, but those declarations must be
saying he was unable to do so.
Mr. Dizon BEATOR I made voluntarily the declarant must go to the
of what he heard Mr. Hastings instituted admitted that the firm was
certain parsens boing ed with this amount.
he was uotary and ask him to take his declaration.
inquiries which resulteil And it must be in the form prescribed by the
discovered who have given evidenes before us on that on the 5th of January of this Act, which this was not. Secondly, ander order
be said to 25th of March Mr. Hastings called Mr. Dixon latter's in the Police Court. It was agreed that The lengthy proceedings before the Chief 38, rale 6, examinations, affidavits, declarations Justice and the Prime udge in connection and other matters may be sworn before a notary in be, as is the object of charges formulated into his room in the afternoon and told him 850 should be paid for costs with proviso for with the application of Messrs. Hastings and matters pending before the High Court here against a civil servant, in order to inform what Mr. Hung Kam Ning had reported and farther payments in the event of the hearing Hastings to hav Mr. C. F. Dixon struck off the was at the time is man's statement was mader. Dixon of what he was charged with; that there was evidence on which a criminal lasting over one day. The sum of 130 was paid prosecution might ko brought, and that he did at once, and entered in the rongh cash book roll of solicitors practising in this colony for un- no mattor pending before this Court. The fact that was contained in the affidavits filed on
to prosecute, and advising Mr. Dixon by Mr. Dixon as a payment on account. The professional conduct were concluded yesterday that the statement was not intended to be used the application for the rate, and the question not wish to
in immaterial. The objections to such a pro- is whether we can ignore the fact that in effect to slip away quietly and without scandal. cuse never eso to a hearing, the ebarge even- when both Fudges deliverod judgment.
there an allegation made in these lida Mr. Hastings says that Mr. Dixon poufessed to tually after one adjournment being withdrawn The Chief Justice said-Merers Hastings and coeding as was adopted in this case are clear, The man who had made such a statement knows
rits that Mr.. Dixon had confeseed to busing having taken money, but in small stains only, by the pace. Mr. Dixon says that the talanes Hastings, solicitors practising in this court,
and asked to given another chance. Thief of the ogreed costs of 820 was
It appropriated small swas belonging to the firm. acts committed by their managing clerk, Mr. be conscious of
of it, and that he might Clive Fletcher Dixon, also a solicitor admitted fronted with it; yet it is a statement on oath to piece of corroborative evidence but as itself having takes presents, but entirely denied any appears that Mr. Dixon had fall anthority to practice in this court, which it is suggested which the penalty for perjury does not attachabodying a charge which is brought to the misappropriation, Ou March 31st Mr. Has make arrangements as tecosts, and, if he thought
It is therefore for the purposes of the Court knowledge of the sourt. necessitate the exercise of disciplinary measures
I think, therefore, tings wrote to Mr. Dixon stating that he fit, to remit the balance due of a sum agreed to
must leave the office, as it was impossible for the be paid. Now Wong Ili states thurt by this court. The nature of these charges valueless and enu only avail the person who has that we are bound to inquire whether the ecu-
and then when the case was over his paid tho There to mention is the alleged embezzling of not sunction such a proceeding. Oaths can only ing this I un moved by a constioration other signatura un agroment cancelling the #10. ubunge of $20 to 3. Dixon in the presents of Til appose from the judgment. The cup which. 20 obtained it. But the law, as I havo said, does fession was made as alleged. Now, in consider firm to keep him any longer, and onclosing for agreed for a sum of 50 he paid $50 immediate
than
that of ascertaining which of two mort for service. Receiving no reply Mr.
Tam Wing Kwong on the 13th or 14th of sums paid by clients to Mr. Dixon on behalf of be administered under the sanction of the law. the firm for services rendered by him ne munag- Further statements on oath are public statements persons, both solicitours of this court, is speak- Hastings wrote a further note on the 2nd of ing clerk of the firm. The first point which we and they must be available to both parties. The ing the truth. Mr. Hastings asserts that Mr. April requesting that the cancellation agreement January at between three or four pm. Ile allegation, ofinet of these proceedings and the weight to bo Dixon made a definite confession, Mr. Dixon might be signed and returned to him. Oo save that Mr. Dixon put the money into a a receipt, bat was told that it involving as it did a criminal charge,
unnecessary. tion was whether he had paid the $20 alleged 10 in suck constances to decide such a question. wrote a letter on behalf of Mr. Dixon denying ed for
Nothing turns on the have been triod before a criminal court. Mr.
for it is admit Dixon, by his counsel, strongly contended that have been due from hin under the agreement Humas memory is so fallible that it is quite a that Mr. Dixon admitted having taken money
insisting
on his rights under the absence of a receipt. the proper procedaro and said and said to have been made by lita with Mr. common occurrence for an honourable na and
und said
sarvien, put into agreement
and finally sug test that no receipt was given for the $30. that he was willing and desirous of stand. Dixon to pay $50 for costs of which he had in reporting a conversation to
of the person he has been gesting
meeting between Mr. Haraton Apparently it frequently happened that no jog
his trial.
Mosars, Hastings declined paid $30 où account. Now the moment this man the mouth to presecate and maintained that this court valises that his was the question involved, talking with words which he himself use. and Mr Hastings. It was proposed that the receipt was given on the payment of these stall by that of Tam Wing Kwong, an interpreter was bound to entertain their application when it was put to him with police sccompani. If Mr. Dixon had alleged that there was matter should be the subject of an arbitration amounts. Wong Hi's evidence is corroborated
of the quite irrespective
fact that a mout it would not be unnatural for him to say a mistake in Mr. Hastings version of what he before the Chief Justice, and negotiations con. criminal charge was involved. My own that he had paid it. In dus course a porcep said; that there was a misunderstanding; we tiused for some time, but oventually failing of Messes. Hastings and Hastings office. He opinion very strongly leaned towards the trial tien might down on him that the real question should perisps have found more difficulty in the presont proceedings were brought. I will says that he was proseut when the 830 and again the deal shortly with the specific charges which are when the 820 was paid, and his account of what but after he was being asked about was whether he had arriving at the truth. But he has taken up the hearing the very ablo argumente
polica both sides we came to the concinsion that the charged with not having
paid money said
porverted what he said, has put into his month to Mr. Dixon at the latter's request due | up by disciplinary jurisdiction of the court oxists due by him. But ovon if he had my mid to be Jured himself before the Court, has wilfully evidence of Wong Hin Tong, that he lent of Wong Bi. Now Wong Hi had been entlost ultogether independently thero being con an agreement he would almost inevitably stick things that he never said, that he has done this ing the process of a suit which Mr. Dison was soparently been kept under surveillance up to current jurisdiction in the criminal courts to his original statement, innoed by facts out of sheer malevolence, and with the ulterior sondnating on behalf of the firm $75in various the time he went into the witness-box. It was that it may be exercised in the face of an which had inevitably clanded his clear ap design couceived some fine sines of getting sums on four different dates. The second is to suggested, not unnaturally, that he must have tlie effect that he on the 18th or 19th of July thought in the beginning that he was being As rid of him, that it is all part of acquittal and that it might even be declined in preciation of the real question in istus. the face of a
had failed to pay and his rutural impalso in that conviction The point really the case stood after his examination
money Mr. Dixon has retained in his own himself, of a managing clerk to whom many involved in, I think, the claim to have a charge concluded, I could not have found he sleeply-laid scheme derised in order to rid paid Mr. Dixou $500 for costs to the firm, which called to account for the 320 as for money he of this sort tried before a jury. As to this I charge proved. I, however, put certain ques material benefits were in process of time soon to hands. I will say at once that Wong Hiu Tung event would be to adhere to thostatement that become due, in order to economise the money gave his evidence in a clear and apparently he had wetnally paid it, whether he had in fast He expressed his stone su or not. That is, that he would be afraid have no doubt that the proceedings for tons to him in order to see whether b striking a solicitor off the roll must in this did in fact appreciate the issue. His wswers that these benefis would cost the firm. To straightforward manner. colony come before the court; neither the were intelligent, appeared to be truthful and this Mr. Dizon has deliberately pledged regret at having to testify against Mr. Dixon, to contradict in the witness box the former whom he said he regarded with feelings of statements he had made in the charge room. I old English procedure by way of inquiry soomed to clear away that cloud; bat putting himself. To this question, put by Mr. Potter,
But we have to consider it along with before the Masters nor the new English proce- the question to myself afterwards: Am I What motive be attributed to Mr. Hastings in gratitude for the able manner in which he had am auxious to give the suggestion its proper the whole of the facts. The suggestion was to dure of enquiry before a committee of the quite confident that the cloud which must have making the statement relating to the con- conducted his case. It was suggested that the weight,
mind disposed of by the manhers Incorporated Law Society reported in either been in his mind at first was absolutely cleared fession, T. Dixon would have been entitled to witness was not to be believed, as he had rensong
say he spoke to facts alone and was not obliged to for wishing to oblige Mr. Hastings, inasmuch my case to the court would be possible. 1 he motion away! I cannot waswer it affirmatively with comes before the court as normally constituted: such complete satisfaction to myself as to enable search for motive, but he deliberately answered as he hoped for a remission of part of his bill of the witness's reply to a question from the the question and attributed the motives as I have of costs, and as there was still a balance of about Chief Justice. He answered in a perfectly and therefore if the court should think it either me to say "yes," and so hold that the charge
to Above specified thom. By this he must stand 8300 due to him outstanding in the hands of straightforward mauer that he was not afraid, on account of the complexity of the question is proved-perhaps "not proven", but we do not
or fall. I disbelieve the existence of the motives the firm. Now the witness was a man in and did not believe he was being required to pay
part involved or of the doubt which the facts raised know that form of finding in England, and
which he has attributed to Mr. John Hastings, good position, the managing partner of an again. He said that he knew he to call to its aid a jury, it would be within its I am therefore compelled to find that the
not been fully and satisfac
not because he is the senior partner of a leading Important silk business in Canten, and though money and understood that the question was The question is of great charge has power in doing so.
the evidenes stand.
firm of solicitors and Mr. Dixon only his manag the suggestion must, of course, he given ita what someone else had done with it. I do not moment to both parties of the gravest torily established on
who knows that he is telling lies. It was further course be based on any Mr. Dixon. I thought it ing by itself and apart from the alleged ing tlerk, but because I would not beliero this proper weight, a vague expectation of this sert expect such frankness of demeanour from a man right therefore to ask my learned brother confession, to which I shall come presently. If any one in the absence of evidence
Tam before the police saw him, but there is to sit with me so that the hearing of the motion pass to the Wong case and here I find vory unpetovitably to this conclusion, as courteen Fromise expliclt or implicit on the part of Mr. suggested that the witney hard beou got at by
not une motive, malevolent or other, merely tastings, seems hardly a suficient reason has been before the Fall Court. We intimated, considerable difficulty in coming to a con however, that if we should in the end tud a jury clusion. The question that troublos me is this because a witness chooses to allege it or even why he should be willing to come down from no evidence of this, and it was absolutely I have said, very favourably impressed necessary we should cause one to be empanelled is the case more enbatantial then one man's word pledge his allegation by an oath. If the court is Canton and commit the grossest and most cold- denied by Wong Hi, with whose demes nour I We have not found it necessary, for the question against another? And there are two subordinate
from evidence laid before it, and not from must say that I felt extremely puzled by Wong As regards Tam Wong Kwong himself, ha Hung in issue has proved to be simpler than at oue matters also that trouble me. I am for from to find motive it must be the necessary induction blooded perjury against an innocent man. I was, as time seemed likely. I desire in the first place wishing to attribute to Wong Hui Tong say
reckless unsubstantiated statements. The only Hai Tung's statement that the loans to Mr. admitted that he would have liked to get to make two remarks of a general nature. The intention of wilfully deceiving the Court, but trace of such evidence is what I think was the Dixon were not entered in the books of the back into the office sad that he had spoken to action which Mars. Hastings took was al this point I cannot protend to appreciate how somewhat undue haste which Mr. Hastings firm but only in his own memorandum book. Mr. Hastings on the subject. He further and that the payments of them fell not admitted that he knew that ur, Dixon wished tag nature of the information received. It is affecting the very existence of s firm of high suspending Mr. Dizon and attributing delay to on all the puriners but on three men only, to bring in another man, Lo, as interpreter, together unavoidable, was forced upon them by an action of the most important character
one, This admission and that if Lo had come into the office he, Tama. diffoult to put oneself in the position of a firm of standing in Canton, involving enormous costs r. Dixon and his legal advisers in regard to of whom he was solicitors in extensive practice suddenly inform should have been fluanced entirely by one the deed of arbitration which had been submit is one which might have considerable signi- would have resigned. It was suggested that ed that their managing clerk, in whom implicit partner, as he himself says, out of his personal ted to them. I think in this he was in the ficance and I cannot help wishing that we had this admission showed that Tam was an unreli- trust has been placed, who has been entrusted resources. Ho produced a private bock which wrong, but it certainly comes well within what had a fuller explanation of it. However, this able witaces The suggestion in fact comes to with the conduct of heavy and important cases, we could not admit, no evidence, but upon which I said at first with regard to Mr. Hastings is a matter of detail which I may or may not this, that Tam was so anrions to keep Lo have decided that a certain person is not fit to out of the office that he has concocted a criminal be an officer of the court. Undoubtedly he has who has apparently conducted them with great he was cross-examined, and he said this book conduct, namely, that it must be judged net by have to go into later on: Now the charges are success and to the great satisfaction of the showed all these payments to Messrs Hastings on ordinary standards, but by honos, endeavour to of course very serious ones: borrowing money conspiracy, supported by his own and other the right of appeal, but there has never been a
assistant was shortly to become a partner in appeal. clients, has been guilty of appropriating money account of costs. But some of these payments were put oneself in the difficult position in which he under the circumstances slogod with no no people's perjury to min Mr. Dixon, a trusted ease in which there has boen
to him on Rocount of apparently made by an age.t in Hong- stood. But of other evidence to support this requent repayment, is serious misconduct in a
The game was į the firm. I shall be compelled to criticise kong, though in many cases they were brought allegation there is absolutely none. Mr. Base managing clerk-misappropriating money paid the firia. The motive assigned sesins to me
Of Mr. Potter-The point you have to consider what they in fact did in one or two in- by Mr. Wong himself. Was this agent Wong's tinge views as to what has been called for costs is simply embezzlement. In there any inadequate for such a course.
I watched his is that having decided that a certain persen is stances, but this criticism mast be tempered private agent or the agent of the firm? He Dixon's course of life" wero candidly stated by corroboration of Wong Hai Tung's evidene really not worth the candle. The witness was
course severely cross-examined. by the recognition of the very difficult and most himself said that there were no entries in the him in the box. It was a legitimate view The only other person alleged to have been pa painful position in which they were placed. So books of the firm. Putting the sleeping and not affected in the least by what is empho sent at these transactions is the interpreter demeanour closely thronghoat and I must say not fit to be an officer of the court it would be teo Mr. Dixon (if he is innocent of the partners out of the question, there were other mistically termed the "narrow mind." but every Hung Tam Hing, who has not been called. The that ho seemed to me to be telling the wrath. Is unfair to the profession to allow him to practise
This brings charges brought against him as he alleges he is) was placed in a most distressing and inflacive partners-on Wong's evidenco the firm detail which has been specified of the relation witness Tam Wing Kwong stated that he there any other evidence that can be treated as before you.
havo the confession alleged to and I I would willingly if it were possible does not appear to have been charged with any ship, official and social, between Mr. Hastings believed Anag to have left the Colony. Canton corroborative of this charge?
of the costs of this heavy notion. I find the and Mr. Dixon from the beginning down to the and Macso seems to be the natural refuge of me to position,
believe, find in this fact some palliation for some whole thing exocedingly difficult-not te things that he has dous. He has been de but to understand. But there is the further and Fort, of this year pointed to the opposite Chinese in Hongkong who have reasons of their been made to Mr. Hastings, and here I with zeal and devotion by his professions! dificulty: Everything that took place in conclusion, and therefore looking at the questionowa for not wishing to appear before court, and need add very little to the remarks of the as one merely of evidence I flad this malicions I suppose that Hung who, if he had appeared, learned Chief Justice, with which I entirely advisers, and if the finding of this court could Messrs. Hastings office between Mr. Wong Hal motive on the part of Mr. Hastings not sub- would have been asked if and why he made state agree. At an interview of this sort, both have been staved off by advocacy and handling Tong and Mr. Dixon was through the mediumstantiated in any way, and therefore unproved. ments to Mr. Hastings which he afterwards parties would naturally be somewhat agitated, of his case it would have been achieved most of an interpreter. Everything that Mr. Wong in this judgment I have seemed perhaps to denied to Mr. Dizon, and if it was true or and the most sorumdons we might easily, after legitimately. I have now to make one further says took place might be perfectly trus and yet subject Mr. Hastings' sation to criticism and to untrue that he had participated with Mr.
precise words used. But it is quite clear that codings, became my finding, depends in great Mr. Dixon. There is only one piece of this deliberately, because that seemed to be had excellent motives for koping out of the way.
ade by his evidence so
far as I can see which material to the great question whether these I do not know that his evidence would have been Messrs. Hastings because there is no res the moneys whether for loans or the 8500 sentative body of solicitors incorporated as is the Incorporated Law Society in Eng. for costs which it is alleged was emberle than anxions that every point which could be before us, tnt it is certainly very regrettable that money. This letter was called for by Mr practical effect? We have delivered our judg Again, in his letter of in the colony what advantage will follow by land, who could assume the duty of put Mr. Wong says he paid the money into Mr. argned in favour of Mr. Dixon should have all the Court hus not had an opportunity of seeing Dixon's counsel on his cross-examination ent. If Mr. Dixon does not wish to practise Mr. CalthropHe may have the advantage-- not be taken to imply that T approve of all Mr. confession. Can this be treated as gorroboration March 31
The Chief Justice What occurs to me is this proceedings inevitably took the ultimate form case that what I said at the beginning of this
Dixon's actions. Home of them which are of Wong Hai Tang's evidence? In my opinion ions ho says were made to him
Without going any further into 26th of that month. When he saw air. Dixon of an issue between Messrs. Hastings and Mr.indyout is so important. The question is not
referred to in the judgment of my learned it cannot Dixon. But the dispate between them covora o
whether if the one had been between Messrs brother seem to be very deserting of criticism. that confession at pressat, it is clear that a again after receiving the letter from Messrs that we might refrain from having it recorded wide area, involves many sabordinate issues, Hastings and Mr. Dixon which would be entitled I sve not forgotten the fact and have en- confession of having misappropriated money Ewens and Harston he taxed him with these none of which is before as. Even the issue to a verdict, but whether the case sguinst de dearoured to give it its legitimate weight, is no corroboration of a charge of improperly admissions and asked him what he meant which is apparently before the court whether Dixon, if it had been presented dispassionately but Mr. Dixon line shaped his public con- borrowing frota a client. On the other hand an by denying them. Bo Mr Hastings attitale was at any rate consistent throughout. I can- Messrs Hastings have proved the charge or by a public oficial, has been provod. It is not duct by that of an honest ran-that is admission of mie-appropriating small sans
Mr. Potter-Absolutely, a much he believed at the time to have been said. whether Mr. Dizon has disproved the charge is a case as to who ought to lave produced Hung, asy, he offered to stand a public trial only is an implicit denial of a charge of not doubt that he has accurately reported what sider the personal question at an oxid?
The Chief Justice-The practical question is What thon of Mr. Dizon's position? An whether Messrs. Hastings will take him back. not before us precisely in this form because, the dismissed interpreter, as a witness, but
amount. The other matter ang I shall presently point out, some whether this case can be proved without him, at the assizes. But on the whole case and hav misappropriating 850", which is
nocent man who knows that his record is ingin conjunction with my learned brother given targer
Mr. Calthrop-We don't ask for that. important questions of oans would seem whether we can exercise our disciplinary it the most anzions consideration, I cau coine to gested as corroboration of the charge of mis.
The Chief Justice-There is the agreement to be involved, and were in fact, urged, which powers in the absence of the person who cai no other conclusion but this, that the confession appropriation, was the evidence of Mr. Kent, clean finds himself suddenly confronted with cashier in Mesars. Hastings and Hastings. This an odious plot against his good name. I do not think are really raised. The solo alone give the evidence which would bring was made by Mir, D zon ne Mr Hastings alleges witness stated that when the interim account | One would expect an indignant denial and a fixed which has been mentioned and which may stand question is whether the case of reprehensible home the offence with which Mr. Dixon Blands and that this corroborates the evidence given conduct brought before the court is satisfactorily charged as a solicitor. It is said he will not and without doubt proved. I now come to the come because he would incriminata luimself, by Wan HI, the facts of that case being covered was asked for he gave the client a copy of the determination to have the matter thrashed out, in the way. If you are satisfied with that there specific charges. The Goulab charge was at sur That is irrelevant to this issue. He might be by the terms of the confession, but that it does ledger account upon the express orders of Mr. and to clear his reputation at all costs. We will be a suspension of the record of the judg
Privy Council. suggestion properly withdrawn. It was at best dead and yet the difficulty would be just the not corroborate the Wong Hui Tung charge. Dizon. Now the ledger account was obviously find instead a spenlaneous offer to leave the ment upon the rolls of the court until suck
fearn nothing from it. It was suggested that and to the other advantages of his agreement one man's word against another, and I must same I agree that possibly the facts connected Mr. Dixon la therefore suspended from practis. quite useless to Wong Hai Tang and he could firm, abandoning his rights to a partnership time as with all diligence ho las appealed to the confoss I should not have Eked aneh a charge with the charges, if well founded, might hate ing in this Court for a space of three years,
Mr. Justice Comports said:This is a motion M Dixon purposely had this misleading and an undertaking offered not to take sway pressed on the evidence available.
With
come to Mr. Hastings knowledge without regard to the Wan Hi charge, I am bound
Dizon, a solicitor of this court, he removed to prevent the latter from seeing that he permission to be allowed to patice on his own to criticies, subject to what I have already ung. But Hung is, as the case stands, at the for an order, that the same of live Fletcher statement supplied to the alient in order dients of the fruia returs for what?
bottom of the whole thing and I ask myself from the roll of the court, for grois mis had not been credited with the 8500. Now account in the Colony. I do not think I as
with- e be proved sait, the action takes in connection with this question-Can this charge
condout in his Baid- this mau. In the first place I do not approve
the case stands?
Mr. Dixon, who was straightforward manner, and he is probably an should hare
extremely competent cashier, but his knowledge in
in his letter of the 30th of March
1
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 erder suspending Mr. Dixon until such time as he has been able to sond home in order to appeal to the Privy Cannail
The Chief Justice-Of course, we should give what the other side hare to say.
Mr. Potter-There is no power to stay a order of the court in a caso like this. You
stay pending
The Chief Justice-There is the case of Mr. Pollock
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 opportunity. undertake not to practise until he has ked un
The Paisne Judge--What is the good of the
Mr. Calthrop-It is simply to clear the stigma
The Chief Justice --The matter must be sub.
general remark as to the nature of these pro never hare reached or been understood by have left untouched Mr. Dixon's. I have done Dixon in embezzling the money of the firm fupee of some weeks, be mistaken as to the stav
Mr. Hastings when he wrote to his brother on of his character. the following day had no doubt at all that Mr.
menstre upon it. The motion was made directly associates Mr. Ixon with the payment charges were proved and because I have been more" of much use to either party had he.actually come Dizon had admitted the misappropriation of ject to the usual routine. What would be the
19
ng the matter before us officially and the Dixon's hands. But it is with regard to this Possibla weight attached to it. But that must bin in the box. I come next to the alleged of Mr. Hategorically repeated the admis. making a formal stay?
out him
过
It will be
expected a
on the
firmer attitude,
on the rolls.
Mr. Culthrop That is all we want. Mr. Potter I have no objection. The Chief Justice--In this case we must con-
Mr. Potter-as to costs, I subunit I am
The Chief Justice -A re thare any procadouts? Mr. Potter-YOR, If it has been found that entitled to costs. It is the anal corres,
conduct was such as to justify bringing the action then the defendant is liable for the costs. Finally it was decided that the Registrar
of the police being made use of in private Look at the difficulties Is it fair to impose are briefly as folcity as solicitor, The facta Mr. Kent gave his evidence in a perfectly unfair to ar. Dixon when I say that I the charges are not brought home but if his should not be used, nor should they lend them. | case, "Yes," The question would raise entirely the Art of Hastings and Hastings then of English did not seem to be vary great and man of Mr. Dixon's character and ability should deal with the question of costs, and the matters. The police are public oflocis and this obligation on Meners. Hurtings? In this admitted a solicitor in England in 1899, joined, selves to being used as private detectires if only different considerations it Mesara. Hastings had John Hastings in Hongkong, in 1904, onbe struck me in the witness-box as somewhat gain the foundation of the charges made order for ecsts was suspended on the usual
op
such ab
saluƒ
"in
his
Own
the
conclusion
undertaking as to security. LATEST STEAMER MOVEMENTS. The C.N. Co.'s ste. Chenan luft Shanghai on The Apear str. Japan from Yokohama and the 4th inst., and is dus here to-morrow, Hote, left. Kobe on the 5th instant, morning, and may be expected here on er about the 11th to instant.
The Ben Line str. Benlurig from Antwerp for this port
the face. of thy calumay, from a
vice puzzle headed.
Mr. Dixon denies that he against Mr. Dixon at the interview was the agreement for four
years' service for this reason that it must weaken their merely dismissed Mr. Dixon and he had brought
111 assistant
on a salary of £325 ever told Kent to give a copy of the ledger interpreter Hang, and ung was the only authority and offery in the discharge of their action for wrongful
ditional Man 08 f course, there was in this case public duties.
cannot treat this application as if it a year. He received various increments in account, and I am not at all clear myself that authority then named by Mr. Hastings. If the and. commission not stipulated for though Mr. Kent believed himself to be speak oharges were false, then Hung was a liar and a action, and, even if we a criminal charge involved, but I have been wer
course ing the truth, the mistake was not really bis very despicable scoundrel. Yet this man was agreement during the informed throughout these proceedings that
In that event of course the suggested apparently the Brat person with whom Mr. were to act upon Mr. Tam's evidence, I of his service. Ότι the 15th April, 1907,
he thought it advisable to have u private inter. Messrs. Hastings always, declined to prosecute. am bound to say that the negotiations between before the expiry of his first ugrom eat, a further corroboration fails. Lastly, there is the slate, July Dixon put himself into communication with and And prea if the police had contemplat Mr. Tam and Hung about getting Hung agreement was entered into for five years under 23, 1908, when the 2500 was alleged to have on his own house before he even took
About that time it teen paid to Mr. Dixon. ed taking
case with regard to back into the office, in which almost a promise which dr. Dixon was to receive a the
higher rate
solleltor. It is with take him Wan Hi, looking on him as a witness was not was made in Mr. Hastings' name
um compelled in dollars with inorements in conmission and appeared from Mr. Dizon's statement in cross counsel with his the police regular. I also object altogether to
that there wa no ni salary and also to receive at the expiration of examination that he had to find money for the groet regret that I surveillance to which the man was subjected, certainem to throw a haze over it which I am
certainly not going to attempt to dispel oxcept the term "a par-dership in the business. It is payment of a passage, and the inference sugge take and that the confession is established and London, left Singapore on the 3rd instant ed is that he would be therefore short of funds and I am not surprised that he complained to say this-it is really unnecessary to say that
The LG.M. str. Prinz Ludwig carrying the Seccadly, a statement was taken from this wit- such inducements or half promises, or whatever quite clear that the firm found Mr. Dixon ness on oath before Mr. Wilkinson acting in his they may be called, as were made by Tam to valuable man and the relations between them and less likely to be able to resist temptation. against Mr. Dixon. Once this is accepted it
16th ultimo, left Colombo on the 4th instant not mads with Nr. John appeared to have been such us might But I do not think the erroboration to be strengthens the charge as to the $20 which I wapacity as notary public in the presence of Hung
have been expected between an enlightened sufficiently direct it does not go far enough must regard also as fully established. Que German Mails with dates from Berlin of the Inspector Hanson. I think this was irregular, Hastings authority, but were the direct ep-ava
Whether Mr Dixon was not "hard up" in the matter is the complement of the other. and employer and an able
trustworthy
ordinary meaning of these words in 1908 fession corroborates the charge. The charge um, and may be expected here on or about the
14th inst. p.m. long prevailed in the Colony for notarios to I think in the circumstances that this is
clerk in the Wing Kwong,
The C.FR. str. Empress of Japan arrived at he bad then $4,000 out оп mortgage, course fully befors as it was embodied in take much statements on outh. Obviously, again a case in which I should have adopted the office of Messrs. Hastings and Lastings, being it he had
to find money then in July the affidavits; it has been gone into very Vancouver on the 3rd inst. what Was dono therefore, wh
this case Scotch formula" not proven," but as I canot do fo
on a visit to Hung Kam Ning, an interpreter he was not driven to dishonesty. He fully in the evilence and it is a matter was perfectly bonu fide. Car procedures; as in Wan Hi's case, I am bound to find the who had recently quitted the service of the firm, had merely to call in the money out on mort of which this Court is bound to take How To HE BEAUTIFUL-Keep your com does not recognise any mode for manufacturing case is not established, subject to what I have to evidence--I use the word in no offensive sense- Bay on the subject of the alleged confession. To received from him curtain information which
Mr. gage. All the suggested grounds of corrobor cognizance. We have, then, a painful daty plexion, Mrs. Ellen's Creme Charmante, Lait communicated to Mr. John Hastings. except in a special procedure for perpetuating this alleged confession I now turn. Now here use Haag in his office on the ext day, tion therefore fall. I must then reject the to perform from which it is impossible Charinaut and Special Skin Tonic and Foudre testimony or binding people down to statements again we are confronted with a difficulty. And successive Cusions, when the latter charges based on Wong Hui Tung's evidence for us to shrink, and I concur in the opinion of Chazinant will enable you to do it. other than is provided by the Statutory Declera confession if proved cannot be pressed further formed him that alc Dixous had been in the I do not for a moment suggest that ho hem tho Chief Justice that Mr. Dixon must be Specialities for the Skin are the study of a tions Act, introduced into this colony by than it actually want. The confession was that Ordinance 8 of 1893, and this did not profess to only small sums had been taken-and in lubit of paying into the offes part only of committed perjury. Fat charges of this sort suspended from practising in this Court for u iletime. A. S. Watson & Co. Ltd. Sole Agents.
monies paid by clients on account of costs, must be fully substantiated, and if this cannot term of three years. be a statutory declaration. A notary's powers
were
A cca-
but we were told that it is a practice which has posite of his intentions expressed or implied. Asststant. Qu the 2nd of Februery of i sufficiently appears from the fact that illustrates the confession. The confession is of
in
this year
Tama
Her
453