Solicitor's Conduct Questioned.
SHARP CROSS-EXAMINATION.
CHIEF JUSTIVE Doubtful as to FOWER or
NOTARIES PUBLIC.
There was again a goodly number of specia. lors present in the Bupreme Court, this morning, when the case was resumed in which Mr. Clive Fletcher Dixon, a solicitor, fate of the Arm of Messrs. Hastings and Hastings, is being : called upon to show close why ⋅ his oame should not be struck off the Rolls for alleged misconduct. The attendance is Count to-day consisted mostly of Europeans and a few Chi- aese, who followed the case with great interest,
When their Lordships took their seats short ly after ball-past ten o'clock, Mr. John Hastings went into the witness stand, to be cross»EX+ amined by Mr. Calthrop, who is retained by the defence.
In cross-examination, Mr. Hastings raid that be mide an entry in his diary when he inter viewed the man Wong Hui Tong.
Mr. Calihrop-Have you your diary here? Witness-No.
i thought I asked for your diary yesterday?, Yes If is in my office.
I would like to see your diary and Mr. Dixon's diary also.—Very well.
Have you your bank-back counterfoil for the payment to Mr. Wong of the $10 000-No, But I have the receipt.
The receipt was produced, and at the request of Mr. Caltbrop the bill of costs was handed in. Mr., Calibrop-When you saw Woog Hul Toog in April did he say anything about $500 ho was alleged to have given Mr. Dixon?
Witness-No,
THE HONGKONG TELEGRAPH WEDNESDAY JUNE 16, 1909.
Were you afraid 'of competition with bin If you allowed him to practise? There was a clause "in his agreement forbidding him to practise, and I had a right to refuse.
Only if Bo refused a partnership? -No. I put it to you that under the clause of the agreement pou could only refuse Mr. Dixon a practice if be refused a paṛtnership ?—During. the term of the agreement-five years-which has a beating in the matter.
1
If that agreement came to an end and no partnership had been entered into, wouldn't Mr. Dixon be allowed to practise on his owù ?
1 don't think so,
Was it not in fear of competition ?--I had a right to refuse to allow him to practise.
Were you afraid of competition from other people?
Mr. Potter objected, saying that his friend was simply "fisking."
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diary two of his attendances at the Police Court. He attended Court twice in that case, but did not enter in this diary anything of the matter. At 13.10 the judges left the Court for a few minutes, and on their retura Mr. Calthrop asked what was the object of making estries in the diary.
The witness replied that it was necessary, to make out his bill of costs.
In a Police Court case where there is a cor tain sum paid, and there is no bill of costs ta be made out, is it necessary to make any entry in the diary No.
Mp Calibrop, having obtained Mr. Dixon's diary, pointed out to the witness that there was' an entry regarding one of Mr. Dixon's attend- ancen at the Police Court in one of the cases already referred to.
The witness reiterated that Mr. Dixon had attended the Court and had filed to enter two
Mr. Calthrop-I am entitled to ask the visits. question.
But would not this entry convey to your The Chief Justice over-ruled the objection.
mind that he had attende the Court and no Mr. Hastings-I am not afraid of comfurther entry was required ?---No. petition.
The Chief Justice-I thought you would. Mr. Justice Gompertz-What you mean is that you wanted to stand on your legal rights?
Witness-Yos.
Mr. Calthrop-Did pour some time ago read a letter round to all the firms of solicitors about managing clerks? -Yes
་་
That they should not be allowed at the termination of their agreements to practise is the Colony 7-Yes.
Did you propose it ?—Yes, I did.
Theo, you were auxious to prevent any com. petition. by managing clerks'?-We all, except one, agreed to it.
Who was that poer Mr. Dannys.
Are you aware that Mr. Hatston objected to it?-Mr Haron replied that it depended on
The Chief Justice-Then what is the date of the circumstances,
this alleged payment?
Mr. Potter-13id july.
Mr. Justice Gompertz-la ordinary course who received the paymeals?.
Witos-The solicitor in charge of the case. Is the diary is Mr. Dixon's hand-writing.
The Chief Justice-Have vor any role as to cheques being made out in the name of the firm?
་
Witness Yes. All cheques paid to the firm are made out in the name of the firm,
Mr. Justice Competiz-And Chinese ppy, ments? They pay in cash,
Mr. Calthrop -When Mr. Wong complained did he complain to you about the $500 he was alleged to have paid to Mr. Tiem?
Wilden-No...
What did he complain to you about?-About the high casts.
t
What did he want?-A demiled account. believed he said something also about $500 not being credited to him.
Did he say any bieg to you about it ?—No, he did bol.
Who was the interpreter present?—Tam or miy cashier.
As your iɔterview of the 26th March did you Dot refer to the fact that Mr. Dixon was living with a European woman ?—Yes.
..
When did you first hear of it? When I was at home in 1908,
Did you hear of it from your brother ?—Yes. By letter?-Yes,
Did you make any compact to Mr. Dixon about this woman?—I did not. I wrote to my
brother-
Now, why are you taking these proceedings? -Because I do not consider Mr. Dixon's pro- per person to remain on the Rolls,
Are you taking these proceedings in the interest of the profession ?—Yes; and in my owa interest..
Then why, if it were in the interest of the pro- feasion, should you suggest that he go elsewhere and practicè ? –As long as he left the Colony I did not care where he practised.
Why were you so auxious that Mr. Dixen should go away?—Because I did not think be was a desirable person to'keep in the Colony,
The witness, however, did not mind keeping || defendant on for one or two months in order to straighten out his affairs., Aker what defen. dant admitted to witness in March witness sent him the cancellation agreement, thinking that having admitted his fault he was prepared to cancel his agreement, and go...
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Do you suggest that there was any attempt at concealment on the part of Mr. Dixon in that case?-No. I said that two entries were not entered..
May solicitors not inadvertently forget to make the entry?—Yes. They may forget it
Mr. Justice Gompertz-That entry in the diary you refer to, was it in Mr. Dixon's hand. writing-No M Dixon, apparently, made no entry at all in this case. The case in quastion was one of abortion].
Who by-The cashier.
But isn't that bona fide -The entry was not made by Mr. Dixon.
Are you not content to receive what you get sometimes in a case?-If there is a lump sum there is an agreement. -
If a solicitor bad arranged for $50 to attend the Police Court, and he was only. there for a minute, and the case was remanded, might it not be reasonable to accept 530 ?—If it was arranged for..
This brought forth from Mr. Calthrop the following retort :-" You have had your pound of deab, Mr. Bastings, but sometimes you loks less."
When there is an agreed sum for costs in a case, cannot Mr. Dixon receive a' less sum ?——— Yes.
The Chief Justice –Has be a right to do so? Witness-Yes.
Mr. Caltrop-Do you say Mr. Dixon has carte blanche in the reduction of costs?
The Chief Justice-The witness has said so. And he is entitled to take less?-Yes, At this interview with Mr. Dixon" on the 26th did you say that the interpreter, Hang, had admitted having done these things with Mr. Dixon I told him! I had got the informa
In your letter, to your, brother you said, "ition, shall see that he dnes not practise bere?”— Yes,
You did take good care i-The Baswar war Dot nudib'c.
Didn't you say that Hung had made a "cleno Breast” of it?—I don't remember using those words.
Did you tell Mr. Dixon that Hung had ad-
Did you do this for your own interest ?mitted receiving part of the money?—Yes. have said that I took this step in my own in! Did you give him any particulars?—Not at terest and in the intereat of the legal profession,
the time.
Did you call Mr. Dixon is at the interview with the object of getting a confession fròm
Oo the 6 March you said you had all these proofs against Mr. Dixon ?—I had.
And that he was not a desirable person ? him?-No. Yer.
Then why on that day did you make out a joint-power of attorney with defendant-for-Did-you-call-bim_in_without_any_object.of. $65,000 worth of scrip?-On or about the 26th getting a confession from him?--I called him March a man named Captain Le Penke came in to put the matter to him.
ter to him.
|
Mr. Hastings was then re-examined by Mr. Potter. He said that Mr. Dixon had always said he had a balance in the bank--something like. $4,000. Defendant was at one time ap pointed trustee for ap estate in bankruptcy: Winess descovered that there was. Si,too balance of the account due to the firm's client's account, and defendant was requested to pay that sum over to the firm, which he did by drawing a cheque.
Mr. Potter-Before you entered into the second agreement with Mr. Dizon, did you know he was living with a European woman?
Wilness-I did not. When did you first hear of his way of living? -When I heard from my brother.
.4
Would you think it would be good for your firm or any other firm of solicitors for a partner to ba living with a European woman ?—I think it would ba prejudicial to the firm's interest for a partner therein to be living and co-habiting with a European woman, I think it brings a bad class of business to the firm.
The witness, who bad 'been in the stand for nearly ten hours, was then excused.
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The next witness was Wan Hi, e fruit dealer, doing business under the name of Kwong Hing Lung. In January last a friend of the witness was charged in the Police Court, and be engaged Messrs. Hastings and Hastings in" tha matter. Witness went to the office. and saw Mr. Dixon, who requested the pay. ment of $50 to take up the case-530 to be paid in advance."
Mr. Potter-Did you pay the $30? Witness-Yes. I did:
› Did you ask for a receipt 1-Yes, but he said it was not necessary.
Who said that?This solicitor (pointing to Mr. Dixon),
Did you the pay remaining $102-1 ̧did. personally handed it over to Mr. Dizon,
Who was present? -The interpreter, Tam, Where did you pay it-In his room. He took the money, opened a drawer, put the cash in, closed the drawer, and went out.
1
I ̧
Who do you mean by "he"? The solicitor. Did you get a receipt?-No. He said it was ail right if he got the full amount.
Cross-examined by Mr. Potier witness said he followed Mr. Dixon out of the office; and re- tumed to his shop. When he first saw Mr. Dixon, Tam acted as interpreter. Witness did. not speak English. $50 was arranged for one visit to the Police Court if the case was con 'cluded. A second visit would incur another
$25.
r. Calthrop-Was the case finished in one day?
Witness-A remand was obtained the first day, but the case concluded at the next hearing, When you paid the $30 to Mr. Dixon did you see Mr. Dixon make an entry in a book?
1 did.
་ ་
What sort of a book was it?-1 don't know. The shroff made the entry,
c.
You said the shroff made the entry -The solicitor made the entry, and the money wa handed to the shroff.
Did Tam tell you'that receipt was not neces- sary?—Yes.
+
Tam told you that ?—Yes.
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Why did you call him in?-To put the mat-Did you go up to the Police Court with Mr. Dixon on this occasion ?-On the first occasion I did, but at no other sime.
fendant in the Police Court case, and through -Who told you when the case was coming on him I was found, again?-Tam.
-I-am-not-asking-you-about-your-brother-into my office with Mr. Dixon and said that he.You put the matter to him: Mr. Dixon leaves-
am allowed to explain
Mr. Potter-The witness was asked if ba heard it from his brottiri
Mr. Bastings-, personally, did, not cam- plain, but I objected.
Mr. Caithrop-I'm not asking" what your brother did. I'm asking you, You said you objected?
Witness-I did strongly.
You are the head of the firm ?—I am. Then being the head of the firm why did you pal communicate direct in Mr. Dixon?-1
wrote to my brother to tell him (Mr. Dixon) that if he did not give up this mode of life wc would have to re-consider the arrangement,
·What ́arrangements? You were not bere, You were at bome..sad_your_brother was in charge. So what arrangements were there? -None...
wanted to give Mr Dixon a power of attorney the room; you called him back, and said that for the ante of certain shares. I know cothing you had enough evidence to prosecute him, of the matter, but I said that if a power of Why did you call him back To say those attorney was to be made out my name should words, be mentioned in the matter.
Did you trust Mr. Dixon, then?—No, I did'
Dol.
•
What were the shares ?—The thares were not calcable in the market here. The shares were
To get a statement out of Mr. Dixon ?-Na. Did you think he was going to make, some important statement ?--I did not know he was going to make any Statement.
When you are charging a person with emi
of the Messageries Caolonaise Steamship Combezzlement is it not likely that he would make some important statement? -He may or be
papy.
Do you know anything about those shares? | may not.
do not.
Then how do you know that those shares were not saleable in the Colony?—I know the market of Hongkong and I have never seen any of those shares on the fists,
When witness spoke to his interpreter re- garding the question of the alleged embezzle- And when you came back your brother leftment be asked for instances. The interpreter 'a few days later ?—Yes.
7
And did-you speak to Mr. Dixon about it? Why not?-Because I thought he had given
No."
the woman up.
Did you take the trouble to find out if that was true? ----Nti,
Did your brother tell you that Mr. Dixeo had given the woman up?—I think my brother said that Mr. Dixad bad, or had promised to
give the woman up.
Did you take the trouble to find out?—I have already said I did not,
Did you ever suggest that this kind of con dect on his pirt would tend to put an end to the agreement?-Suggest to whom?
Mr.-Dixon-No-I-never spoke to Mr. Dixon- on the matter until later,
Have you ever contended that such conduct would put an end to the agreement -What do you mean by contended?
To put forward. Yes, it was put forward, and it was one of the grounds mentiosed in the letter for his discharge.
Did you suggest that this matter abould go to arbitration? Yes. But the other side did
not consent.
In your letter to Mr. Dixon did yos not men, tion the word "embezzlement?"-Misappro priation of monies were the words used,”
Witness went on to say that he would not wealdte in give an opinion as to whether an emplayon should be discharged for keeping a woman, It was a question of law. It did not come to his knowledge, during his stay in the Colony, of a mao, under contract, being dis charged for keeping a woman."'-
Mr. Calthrop-Do you say that Mr. Dizon asked you to allow him to pretican 2-1 did.
And you rṣfasad ?—Yes. +[
gave him no assistance whatever. The inter preter, Hung: was not in witness's employ- ment then. Although this was the foundation
of his charge witness did not keep a note of the interviews in his diary.". Witness had no communication with Hung. The other inter- preter, Tam, and Hung were in constant com. munication. They were friends, but what com- municating they had between them on the matter was not with.witness's authority.
Why then did' Tam make this affidavit?— When be made the declaration he said that he had paid $gan over to Mr. Dizon, which he had received from Wong Hai Tong, Hung agreed that it was correct that the money was paid to
Vr Dixon..
Hur you said that Tom never went to see Hung on your bebaif?—Yes; only once.
Are you sure you did not call Mr. Dixon in for the interview with the object of taking a confession from him?—1 called him in to put the matter to him.
Is it true you said to him: “Well, Dixbo, have you determined to fight me?”—I do not deny it. The words were similar to those. The words used were: "If you wish to fight mo, fight mo."
Did you ever use the word "rain" to Vr. Dixon in the course of the interview on the
2nd April?-1 can't be quite certain. I certainly,
never said I would ruin him. The word "min' was never used in the interview,
Did you tell him you would not allow him to practise here?-Yes.
Did you say that if he did not go away you would sulo bịm ?—No.
·
Now, did you ever mention the word “ruin" on the sad Apri!?—I am not quite certain.
Did you say that Mr. Dixon would "cat into" your business if you allowed him to re main in the Colony?-I may have said that.
Did not Mr. Dixon say to you that he would
not do you`any harm?—l' believe he did,
Did he not say he would not interfere with
I brought that back to your memory by re-his clients? Yes, ferring to the declaration?—Yes.
·
And did you not say that, such an undertak 'Why did you write the letter af 31st March to "ing was not feasible?—I did." Mr. Dizon?-Mr. Ciaon asked me to re-consider the matter, and after re-considering the matter 1winte him my decision.
In the letter yon do not say that Mt. ixôn asked you to consider the matter?—I do not,
Did you not say that your word would be taken against his?--No.
* The Court adjourned for tiffin.
When the Court resumed after the tiffin in
At the interview on 26th March, didn't you | terval, Mr. Hastings, returned to the witness- tell Mv. Dixon that, he must go7-I told him that it was impossible for us to keep him is car office after what had occurred.
At that interview did you say "I would think over the matter?"-Yer
Did you tell the Court that before ¿--No. Why pot? Don't you think that was of le portance?-No.
་
ין
Why?-Mr. Dixon asked me to reconsider the matter, and I did most carefully. ・・
Did you my you would andartako-- mada no undertaking.
Do you suggest that Mr. Dixon did not keep Why did you refais 1---1 had a right to refuse. "kis diary properly?-He did not enter leto bir.
box, and in answer to a question denied that he had reduced his stag, dr the expanses of his staff. Mr. Price, his shorthand writes; had left him, bis salary, at the time being Szza a month. A new shortband man had been engågad at a salary of $10 a month,
Mr. Calibrop then went at length into the inlaries of all the clarks and interpreters in wliness' employ. Counsel's, iden, in ralelog that point was to show that there were certain retrenchments going on in Mr. Hästings' office reason why Mr.,Dixon's services were not required..
"That concluded the cross-examiastion,
|
..
Who was present at the interview?—Sorgean! Did you pay a subsequent £2ɔ ?—I did. Ia Po, the head Chinese detective, Mt.. John. "And ̄you don't remember the day ?—At 4|| Hastings and another solicitor, p.m., on the 4th January,
How did you know Mr. Hastings ?—The Didn't you say you didn't remember whether | Chief Inspector said so: it was the 13th or 14th-If it wasn't the 13th. then it must be the 14th.
Were you sent for to pay the costs or, did you ga yourseli 7-I 'weat myself.
Didn't Tam send for you?-No. Didn't you give Tam your address?—No Then who told you that the case Tai finished?-Because the defendent in the Police Court case came to my shop.
When you went to Messrs. Bastings the second time did go straight into Me. 'Dixon's room?Law_Tan_first.........
To whom did you hand the money?-To Tam,
But did you not say that you gave it to the solicitor?-What I said was that I gave it to Tam in the presence of Mr. Dixon.
Did Mr. Hastings ask you questions?—The Chief Inspector questioned me and Mr. Hastings wrote down the answers and I signed the papers.
LEGALITY OF EXAMINATIONS.
The Chial Justice-As a matter of curiosity
Hastings had of taking this declaration. I would like to know what authority Mr
Mr. Wilkinson-Notaries public are entitled to take affidavits and declarations.
It seems to me an easy way of getting evid», ́ence?—It need not be used.
I have doubin as to the right of taking it- hink I can satisfy your Lordship that I am right. It is in the Ordinance,
Mr. Justice Gompertz-Was Inspector Han- son sworn lo? No. When this declaration was Did you make a declaration?-Yes. I came taken wo had no intention of using it as evidence. to the Supreme Court.
Did you ask for any money for your trouble in going up there and making this declaration? -No.
*
Was the declaration interpreted to you?-Yes. Did you understand it?-Yes, And is everything in that declaration true?—– Усл
The wildess went on to say that when be paid the remaining Sta he gave it to Tam, who
handed it over to Mr. Dixon,
Mr. Calibrop-Isn't that statement different. to what you swore in the declaration? There was no answer to the query.
be
Further questioning resulted in the witness returning to his former statement-that banded the money to Mr. Dixon.
•
After the 13th or 14th January, when did you next go to Messrs. Hastings and Hastings
office?-Never.
•
י
When did you next seb Tam ?-On the day 1 made the declaration.
The Chief Justice-On the 16th May-1
tblok so
Mr. Calitrop-Did Tam go to your shop? No. The Chief Detective Inspector sent a constable to call me,
After the Police Court trial didn't Tam go to your shop?—No, no.
Didn't Tam first speak to you about giving evidence ja this case?—No.
Were you frightened when the police came and look you away from your store? Why should I be afraid? I paid all the money.
You know what you were going with the police fox?--I knew,"
Because Tam had told you?-No,
-- Who had told you about it before band?
The Chief Inspector.
Did anyone promise you any money ?-No. Did the police have any trouble in finding you?-No. What trouble, would they have in finding me? If I had done anything wrong they would have trouble in finding me, (Laughter),
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Did the police watch you closely after they' told you not to go away, for you might be wanted in this case?—Yes; no closely that they had their meals in my shop, (Langhter), Don't your Lordship think this disgraceful to LI
watch a business man ió this way?------
Do you expect in be paid for all the trouble you have been put to?-I don't know.
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What are your wages 7-530 a month. Did'at the police think you would run away? —I am a business man, I live in the New Territory and pay taxes, why shoold I run away?
No 35, Dis VauK ROAD CENTRÁL, your friend, will be pay you back ?-He has y description can be made to The Chief Justice-The costs you paid for The only Shop in Hongkong with this mans
already paid me back..
XXHERE HIGH-CLASS FURNITURE-
about?-About the money I paid to my solicitor Do you know what these proceedings are
and which has not been accounted for,
Did the police find you in the New Territory? Mr. Potter-No, your Lordship. He was not found in the New Territory. He went there and was followed by the police, who were watching him.
Did you think when you were taken to the detective office ibat they wanted you because 'youhad not paid Messrs. Hastings their costs?— No. 1 acted io a straightforward manner,
Didn't you think that you were going to be asked for the money again ?-No.
When had you seen Inspector Hanson? Were you aware that somebody else had the Between February and March.
How was it you came to sau the Chief In-
| spector?—The Chief Tarpector found the de
1
money?—Yes; because I had already paldi,
The Court then adjourned until to-morrow moming at 1930 o'clock.
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Page 5Page 6