A Solicitor's Conduct.
COST.CF HIS LIVING.
SALARY OF MR. DIXON DISCUSSED,
azat inst
The Full Court, comprising the Chief Justice (Sir. Francis Piggot!) and the Paisao Judge « (Mr. H, H. J. Gompertz) continued the bear
log of the case this morning in which bar. Clive Fletcher Dixon, a. Hongkong solicitor, late of the firm of Masers. Hastings and Hastings, is' being called upon to show cause why his name should not be struck off the Roils of the Supreme Court of the Cojony for alleged mis- conduct
As was to be anticipated. there was a “large 'gathering of spectators present during the pro
ceedings and the audience grow larger at the trial went on
Wong Hai Tong, the silic merchant, was re- called 1000 after the Court sat. In answer to the questions put by Mr. Calthrop (for the defence) be stated that be made no entries in his firm's books of the costs paid to. Messrs. Hastings and Hastings. The Kwong Hing Cheung firm, of Canton, were the plaintiffs #gainst Massra, Reuter, Brockelmann and Com pany:
Mr: Potter (for the plaintiff)—Why were no entries made in the firm's books in regard to the costs of the action against Reuler, Brockel. mana and Company?-Because the acenunts ju this matter did not wholly refer to the firm. I referred only to three partnera.
And is that the reason why the accounts, word "entered into a private book ?—That is so,,,
I think the entire question in the action was whether the three partners in the Kwong Hing Cheung firm were partners in a certain firm in Hongkong?
The Chief Justice I don't think that is neces sary.
Mr. Poller Very well.
The next witness was Charles Kent, a China- man, cashier in the firm of Hastings and Bastings He began by explaining the accounts kept by "bis firm. He said that they kept two accounts in the office-one the costs account and ons the clients' accounts; ;
Mr. Potter Are these accounts kept at asparate banks ?—Yes.
I believe money is sometimes transferred from the clients' account to the costs account? -That is so.
Is there a ledger kept for the clients' account? -Yes.'.
And a ledger for the costs account --No.. So that monies paid by clients direct to the costs account do not appear in the ledger?—No. Where is all money received, put? In what book ?-The rough cash book,
Do you remember when Wong Hai Tong asked for the interim account? – Yes,
On what date ?--About 1st December last your..
Were you told to give him an account?--Yes,
By whom?-Mr. Dixon,
What did he tell you?”-To make a copy of the ledger.
The copy of the ledger account was pro....... -duced, and witness identified-it~~-~
Would items in this account appear in the ledger 7-No.
Therefore, items paid in by the client to the 'costs sccount would mat appear in this ac
const ?-
- Át this stage a discussión took place between the Chief Justice and Mr. Potter as to certain entries made in the clients' and cosle account.
The Chief Justice-What is the gu ding pria- ciple?
Witness—I simply follow the entries in the rough.cash book.
Mr. Potter-Can you tell me what items paid by the Kwong Hing Cheung firm did not appear in the interim account for costs?-The first item is 515 paid on 19th March; the "Tecond is $300 on 29th April ; the third s för $400 paid on 6th Jano; the next is for $800-
The Chief Justice--How do you get that? Witam By comparing the interim with the detailed accounts.
Mr. Potter--Yer, and the next? Witness--$500 on 17th January, 1908; Yas?The next one is for $500, The next?-$350 on 5th May. Are there any more? - That's all; How much do those items come lo?-$2 075. Therefore the first account would be $7,075 short?--Yes.
Do you remember when the second account was given?-About the middle of April,
Who made out that account?-Mr. Dixon with iny assistance.
+
That was the complete account?-Yes. This account includes all payments which went to the cons: or the clients account?—Yok. And does it also show the amount charged by the form for costs? —Yes.”.
Who made out those costs?-Mr. Dixon. · How much was transferred from the clients' accounts to the costs account for cost?~ $4,114,60.
Here the witness gave item for item to meet the total amount.
About the middle of April, you said, Mr. Dixon made out that account and gave it to Wong Hui Tong ?—Yes.
When did you see ong Hui Tong agsjo ?– About the 15th April.
What happaced on this occasion? Was he paid any money?—I paid him, a cheque for $10,000,
Was this the same day he got the complete accoual-The same day or the day after. ́I
'Bin not sure.
Was Mr. Dixon present when the cheque was handed over?—Yes.
Did Wong Hui Tong ask for anything?-Yes. For a reduction of the costs.
Anything else?-You-For a detailed as count of the casts.
Did he get that?—Yes.
How long did it take to get the detailed ac count ont?About three or four weeks,
Do you remember when it was sent to him?— On or about 15th May,
When did you see. Mr. Wang Hui Tong next?—A few days after ha gol the detailed account of costs,
What happened then?—I took him to sec Mr. Hastings.
Was Mr. Dixon ibere?—No; he was not presant
|
|
Do you produce the rough cash book?—Yes. Will you look at the 27th January, 1009? Did Mr. Dixon pay you any money on that day.
THE HONGKONG. THEBO
Can you find any farther entries in the banks. of further payments by Wau Hi?—No, a
Can you tell me, on ap, average, what Me. Dixon received for, salary and commission for: Like month of......
The Chief Justico--We don't want to go into that.
Mr. Pofter---It might come in as an import. abf matter later, ::-
:,་
The Chief Justice--All right. ́ ́:
Mr. Putter➡ w bat was Mr. Dix zu's salary and commission, on an average, from 181 January, 1908, to 3rd March, 1909?-About $420 a month. On 23rd July did you receive Stow from Mr. Dixon ?--No.
&
« Mr. Calthrop (cross-examining)—How long have you best with Mosera. Hastings and Hostings?-About aj years,
What is your Chinese name 7-Cheung Pul Teun.
Are you then a Chinaman 7-Yes.
Why did Wong Hai Toog ask for du interim account about 1st December 7-I do not know. Do you know at that time that Mr. Dixon was asking Wong Hui Tong for further money on account of coste ?—You
And didn't you knew that Wong thought he bad already paid enough on account of, costs?
I did not.
1.
Didn't Mr. Dixon ask you to make out an account in December to show. Wong Hul Tong. bow the position, stood between him and Messrs. Hastings and Hastings?—I cannot. remember.
From that account could Wong. Hui Tong tell how it stood -From the first or second account?
No.
The first?
What then was the good of giving him that account I did as I was told.
Didn't Mr. Dixon tell you to forward Wong a proper account?- No.
Didn't he ask you to make a copy of the Tedger 7-No.
Did you band the interim account, to Wong Hui Tang-I can't remember whether I did or Mr. Dixen.
Did you explain the account to Wong when you banded it to bim ?-I didn't. Hung did.
what date was it when Wong Hui Tong paid the $2,000?- tìth January, 1900.
Turning to the cash book of 29th Jups, 1908, witness said that 51,500 was paid to Messrn. Hastings and Hastings on that day for costs. The entry was in witness's handwriting, but he could not say whether he received the mosey from Mr. Dixon or from Wong Hui Tong. He could dot remember if the money was paid to Mr. George Hastings. He did not remem- "ber either whether he (witness) 'recaivad ́the $3,500 from Mr. George Hastings. He would not swear to the contrary, bowever. The in- terim account given to Wong Hui Toog, was made out in English; it was not in Chinese. Witness was present when the second account was handed to Weng, Mr. Dixon also being present.
When you gave him the account, did, Weng point out any item for which he wanted a.de. failed account?—Yes. One item for $1,000 odd and another for over $3,000.
__Thn,Chief_justice--Did_the_interpreter.go. through the items with Wong?
Witness - Yes,
Tell me what the interpreter did - The interpreter explained item for item to Wong Hui Tong.
Was there a Chinese translation ?—Yes, And with the translation did the interpreter explain every item as well?—Yes,
Mr. CalthropYou said a. minute ago that the account was in English only ?—Yes. I made the English account.
Why do you say now that there was a Chi- nese translation?The Chinese translation was not made by me.
What happened next?—I gave him a cheque for $3,000,
Who was present, then when the cheque was given -Mr. Dixon, Mr. Tam, and a new, interpreter surnamed Chow
Is that all ?--Wong signed a receipt. Can you read Chinese ?—I can, but not very well.
The receipt was handed to witness who translated it to the Court-
When did you next see Wong? Was it lo May ?—About three weeks after the 15th April. Who was there at the time?-Tam and myself.
Did you have any conversation with Mr. Wong when he came to see Mr. Hastings about the detailed account?—Yes.
What did he say?-He spoke about the costs, sad I took him into Mr. Hastings' room. What happened then? What did he say?--- He said he had examined both accounts and that they were not quite correct,
Which account did he mean?—The final account.
What else did he say?-He said that a sum of $500 for costs was not credited to him.
What else did he say ?—That's 'ati ho said. War anything else said at the interview ?— Mr. Hastings asked Wong what 5500 had not been credited to him.
And ? Woeg said that he had gone back to Canton and compared the accounts, with his private books,
Are you sure he said that?—Yes,
|
|
1: "I put it to you that in Police Court cases it is not the practice to give receipts unless asked for by the clients?—That is not so SARAN
Now, ou 3rd March you r received $ço from Gulab? Yes:
Who handed it to you?-I don't quite ra memberika
Did you give a receipt for that?—I did make out a receipt.
Did you give the receipt, to Gulab ?—It was funt called for. I made out the receipt, but | Gulab had left when it was ready. I asked Mr. Dixon about it and he said - Never mind." Why didn't you make out ons in the first case? The Chief Justice-Ho has already said that Mr. Dixon said it was not needed. ---Mr. Calthrop—Did you tell Mr. Hastings why you did not "give a receipt in the first | instance?—No.
|
|
Why not? was not asked.
¦
Will you produce it ? Mr. Potter-Wa don't deny that his salary was $420 a month.
S Mr. Calthrop-We are entitled to the cash book
Tam Wing Kwong, the Interpreter, | called when the judges took their seala, TE
witonss stated that he went to see Hang, the other interpreter, just before the Chinese New- cussed the question as to whether Hong should return to the office of Hastings and Hastings.
Paisne Judge-De you rasamber
gaged PW
HAM Year, but it was not at that interview that he dis-i gost. | Hung left the office ?-On the 318%
Mr Potter-Why are you entitled to it? Mr. Calibrop--We am; We want to see Mr. Dixon's salary since he caure to the Colony.
Mr. Potter-You can get a list.
Mr. Calthrop-At the next futerview did you discuss that question ? kanta
When ung left did you reg Who was interpretar," should be: eDri Was not Loc
Mr. Calthrop-We don't want a list. We Witness—I told him that Mr., Hastingo'did i sageged ?—I think it to be engaged 2--X}·
want the books".
The Chief Justice said that it was so good producing books on a subject which the other side admitted. If Mr. Calthrop challenged thera then he was perfectly onlilled to see them. Mr. Potter said that Mr. Dixon recaived a cheque each month for his salary and that in formation could be obtained from the cheque counterfoils.
Mr. Calthrop (to the witness)—Can you say
Mr. Potter objected..
I
Whe suggested gad?-Several. Didn't Mr. Hastings thee San should be The Puisse Judge-About 2 about this y
not bellave what I told him about, Mr. Dixon, and I asked him to go to the office and explain-Yes. the matter himself.
What did Hang say?-Ho said that if he said anything he would incriminate himself.
And what happened further 7-Hung said if he came back to the office he would keep a watch over Mr. Dixon and see that this matier did not happen again.
Didn't you think it important to tell him what salary Mr. George Hastings was drawing?r. Dixon was a very useful man to the everything -No.
Did you tell him in the second care about Gulab not asking for a receipt? -No.
Do you know, "he.man Wan Hi?—Not per tonally.
When did you first sen him?--In January. Did you speak to him on the first occasion? NO. On the second?—Yes, When was the second occasion?The day after, or the same day.
What time did you see, him?-in the after-
noon.
Was anybody else there?-Yes, Tam was there.
What did you speak to Wan Hi about?-1 asked him to pay the balance of his costs.
What did he say?—He said he had already paid all his cous.
Where did this conversation take place?— In my room.
You made a declaration about this, did you Dot-I made an affidavit.
How do you account for saying in the affida vit that it was on the 13th or 24th January that Was Hicalled at the office, for the second time, and now you say it was on the same day of his. first visit or on the next?-1 cannot remember the date. I only remember that when the case was finished he came in.
Why did Was Hi come into your room?→→ Because he wapled to speak to Tam.
And Tam was in your room at the time? Yes.
How long was Tam theên whan Wan Hi came in?-Tam at that time was typing.
And Was Mi came in and said he had paid Sao to Mr. Dizon ?—Yes.
How long did he remain?-Five to ten minutes.
Was Tom in the rnom The whole time, ip- ping? Yes
After this what happened -Wong asked Tam to get from Mr. Dixon a lé ter to show to the New Territory inspector saying that his case had been withdraws;
Did he get the letter?—He did not. You said that Wan Hi told you be had paid, Mr. Dizon the $207-Yes.
Did you ask Mr. Dixon for the money i-No. Why not? Because I thought that if the money was paid to Mr. Dixos he would natur- ally give the money to me.
Did you give Wan Hi the money? Until I receive the money I never make out a receipt
Isn't it the rule to make out the receipt from the rough cash book and get the solicitor to sign it ?—It is not the rule.
Isn't it the rule to remind persons If they do act pay up?—Yes.
Why did you not remind Mr. Dixòa?- ja tended to, but he was out at the time.
When did it occur to you to remind Mr. Dixon about it ?-Some time in May. But Mr. 'Dixon was foor ibers.
Did you try to find Mr. Dixon to fix up over this?--No.
In May didn't Wan Hi come several times to your office?-Onca or twice.
Did he see Mr. Hastings?—No___The_inter prater, Tam.
Now, don't you remember Tam going to see Wan #fin April?—I know nothing about that. Do you keep the accounts of the office your self? - I do.
ידי
At this stage the proceedings were adjourned in order to allow the prosecution to produce.
the firm's cash book,
The evidence put forward during the morn ing was void of any interest. The main point to be considered was that of accounts and dates, and this was continued during the after noon session, when Mr. Charles Kent took the stand again.
Mr. Calthrop-Do you say that the receipts in the rough cash book correspond with the counterfoil to the receipt books?—Yes.
The rough cash book having been produced, Mr. Calibrop loquired as to the entry of 53 paid to the office in October la.. "Do you show a receipt for that sum?" he asked.
The reply was in the negative.
In whose handwriting was the entry -My
DWD.
The Chief Justion added that did not come into the question,
Mr. Calthrop observed that the allegation was that Mr. Dixon could not keep up a house op $420 a month,.
The Chief Justice stated that it could not be proved whether he (Mr. Dixon) could keep up a house for less than that sum..........
Mr. Potter (re-examining) —You had instruc- tions to give receipts in every case ?—Yes.
What do you mean by saying that a receipt was, not necessary? Do you meɛo by that that you were told not to give one? -Yes.
You said to my friend that when the detailed account was rendered, there was a Chinese ac chunt also?—Yes.
Did you see the Chlaese account?—I did not..
The witness was then excused, and the in- terpreter, Tam Wing Kwong, was called to the stand He deposed that he was an interpreter in Mesara. Hastings and" Hastings. He re membored Wan Hi calling at the office at the beginning of January last year. Wat went to see the witness and the latter took him to see Mr. Dixon.
Mr. Potter-What passed then?-When I took Wan Hi iato Mr. Dixon's room I told Mr. Dixon what Wan Hi told me.
*་
Was there anything said about costs?—Yes. What was said?—Mr. Dixon said he could pot tell. The case might last a few minutes or last days.
Was there any estimate of costs?—Yes.” Mr. Dxon said it would cost $50 if the case lasted one day; if not it would cost $15 for every subsequent day.
Did Wan Hi say anything?—Yes. He said he only had $30.
And what happened?-Mr. Dixon said he would take that an account
"What happened? →Mc. Dixou took the money. Hr. Dixon called Mr. Kest io, who came jo with the sough cash book. Me Dixon made an entry at the $30 be bad received. He knew that Mr. Dixon went twice to the M agistracy over this case.
Did Mr. Dixan tell you anything about the case?—Yes. He said the police had with- drawn the case.-
What happened in the afternoon Wan Hi came into the office...Witness told him that his friend, Wan Taui Po, bud bees liberated by the police. Wausaid he had come to pay the balance of the costs. Wan paid the extra $io to witness, who handed it to Mr. Dixon. The filter placed the money in the right-hand drawer of his desk, locked the drawer, and Mr. Dizon and witness left for the Registry the Supreme Court. There was no receipt given for the subsequent $zo. On the following day Wan Hi called on witness and said that the defendant is the Po fice Court case, Wan Tsui Po, was afraid of being re-arrested by the police, and he wanted Mr. Dixon to write a letter saying that Wan Taui Po had been released.
Mr. Calthtop cross-examining)-Where were you this morning ?-In the witness room,
--You-made a-declaration-in-this-cash-on the 26th of May 7-1 forget the exact day.
In which you related the story of Wan Hi?- Yes.
And in that you mentioned the interview with Mr. Dixon and Was Hi-Yes.
|
|
||·
|
Did you tell Mr. Hastings about that?—Yes. you say anything else?—Yes. I said
office and that he should not go away.
Did you say any more?Yes. I said that Hung had told me that if he returned to the office he wanted to make the matter clear to Mr. Hastings about Mr. Dixon.
When was the next, intervigw?—About a week later.
What happened?-Hung said he had seen Mr. Hastings and that Mr. Fastings asked him to give particulars of the monies taken by Mr. Dixon. Hung refused, the reason for his refusal being that he feared that Mr. Hastings WAS' going to take proceedings agaiest Mr. Dizon,
What else did he say?—Nothing more.
Did he say anything about coming back? No. He was afraid, because he would be re- quired to give particulars against Mr. Dixon,
How did you know that? Because he knew that if be returned to the office be would be called upon to give particulars against Mr. Dixon, and he did not want to give them.
Did you support the saggestion that Mr. Hung should return to the office ?--I did.
it you wanted Mr. Dixon to remain in the office and you wanted Mr. Hung to come back why did you speak to Mr. Hastings about this matter?—I' did not think that anything like this would ensue.
|
|
|
Yes
Sad Mr. Calthrop-What did› Mr. Harr about this ?-Nothing, I asked Mr. HiMYY why Mr. Hung was leaving,
What did Mr. Hastings: say?—He said thai Hung thought that he (Mr. Hastings) : wanted, Lo Chee Saulo, da
the office you would resign?-Yes.
Didn't you say that if Lo Choe Sau came loto
You did not want Lo Chen Sau in the office? No.
And you knew that Mr. Dixon wanted, Lo Chee Sau in the office?-So I understood,
You were annoyed with Mr. Dixon for-re- commending Lo Chee Sau?—No.
Wasn't it a fact that you wanted Hung to come back so that Le Chee Sau should not come in?-No; at the tims wa, had a new, interpreter.
Who is ha? Mr. Chow,
Dld be take: Mr. Hung's place?—He took" the place where Mr. Hung used to sit; but k don't know whether he is considered to be the chief interpretar or not.
is Chow supposed to replace Hpng? Is ho as capable an interpreter as Hung?- No; but he can translate bettár,
I put it to you that be can't interprat?—That is for Mr. Hastings or Mr, Dixon to say,
In your opinion can be interprat properly? -Yes.
1
As well as Hung?—No.- Where did he come from --He used to be in Hoogkang somo eighteen years ago. He, came from Cantoni
The Chief Justice—I don't think we want to go so far.
The Puisse Judge-We have got his merita; we don't want his life's history. (Laughter),"'
Mr. Calthrop-Now, you said yesterday that you have often seen Mr. Dixon lock up money,
Wasn't it likely that proceedings would be taken after the information you gave?-Mr. | | Hastings said that if he got the particulars be would not take any proceedings; that he would speak to Mr. Dixon about the matter, and that.'in his drawer ?---Yes, he would give him a month's leave to go to Yokohama, and that he should not come back. What date was that?—The dates are very. confusing. I can't remember.
After this bow soon after did you see Hung? A few days after.
Did you tell ung of the conversation you had with Mr. Hastings?—Yes; and 1 told him I would have nothing to do with the matter and that he should go and see. Mr. Hastings bimself.
Why did you say you would have nothing to do with the matter?-Because I know nothing about the matter.
Did you ask Hong to 'come back?—Yes. Didn't you tell Hung that Mr. Hastings would -consider taking him back, in the office after Mr. Dixon had gone?—That was at a later interview, He was to come back on a 515 increase?— Yes; Hung said he would not come back un less he had an increase in salary.
Sarg a month ?--Yes.
Did Mr. Hastings agree to that?—He said he would consider the matter.
What did Hung may-He said he would come back when Mr. Dixon had left.
When next did you see Hung ?-Some time later.
Why did you go to see him?-His sons are schoolmates of mloo and I am in the habit of going to the house. 12.
Did you see Hung the P-Yes.
4 -
|
|
And pay it later to the cashier?—Yes, 'Dida't it seem extraordinary to you on the. 14th January when he did, not pay it over to the cashier at once?~I took it for granted thai, he did,
Why didn't you tell Mt. Hastings about, Mr. Dixon keeping money in his drawer? -1 did not know at the time about any misappre pristion.
Dida't you think it very strange that Mr. Dixon should keep this money when you saw him put it into bis drawer? You saw him, put it into his drawer?—Yes. I think "he thought that I would take it for granted that he had paid the money to the cashier.
On the 2nd February did you go to see. Mr. Hastings?—I am not sure. It was some tima. about that data.
Did Hung go with you?-No.
And at that laterview did you tell Mr. Has tings about Mr. Dixón taking" the money?— Yes, I told Mr. Hastings of the interview I- had with Mr. Hung.
དིསྶ
Why didn't you get Hùng to go with you ?---
I didn't think it was necessary.
Bot you knew nothing about the matter?--
|
Yes.
}
Then why didn't you get Hung to coras up and tell the story?-Because I didn't think it was necessary.
ow long have you been in a solicitog's...,” office?-Nearly five years,
And you didn't think it necessary for Bung. to come up and tell his own story ---No.
You did not think it important for
And what did he say ?—Kie asked me about the matter and I told him it had beda dropped,
What made you say the matter was dropped? →→Because I was not asked again for particularemanin Mr. Dixon's position should be charged. of the monies taken.
This was about the beginning of March? Yes.
About ten days after you saw Mr. Hung again?--Yes.
What took place then -Nothing at all about this matter:
At the interview in March did Kung say Bay.
And you said that on the day Wong Tsui Po was released Wan Hi came to see you?--Yas.
* Why didn't you say you had another inter- view with Wan Hi the next day?-I only re-thing about coming back as interpreter to lated what I was asked for.
Messrs. Hastings and Hastings 2-No, He only suggested that question once.
Do you know that Wan Hi, when in the box, said that after he paid the Szobe never went to Mr. Hastings' office?-I am, here to tell what I know,
+
What was Hoog doing at that time?—Stay. ing at home.
Did he say anything to you about getting So that what Wan Hĩ said in not true?-employment?-He said he was going can't say.
to Messrs. Bruitos and Hett..
When did he go to Messts. Brution and Hett?-f don't know.
Astbe case was not heard at all I put it to. you there was no necessity to pay the balance of the Sao 7-Whether the case was heard or not the balance had to be paid.
Is that always the case?-tu such cases Mr. Dixon bas various powers. In this case the client himself paid the balance. It had not to be insisted up.
Why not?-It was a small sum; sometimes,
Is it not the invariable practice' of Mr. Dixon, no receipts are given for small soms.
that, where a sum is agreed upon about costs Look at the 4th. What do you find there?he puts au cotry to that effect?-Occasionally
$19.40 for costs.
In whose handwriting was it ?~At first it was Next -r. Hastings asked him if be bad aia my hand-writing. Then Mr. Davidson, cor receipt for the $500.
rected it.
1
What did he say?-He said "No."
What happened then ?—Mr.Hastings asked him on what date be paid the money.
Yes. Wong said some time in July. - Did he give the exact day ?—No. He said be was going to find out the exact date..
What happened?-He said that several times Soo bad been paid and he (Wong) could not tell which Sgoo was meant.
hat happened after he had said that?-Mr. Hastings asked for his Chinese accomat books. Wong said he was going back to Canton to get them. That was all that was said.
Can you find a receipt for that?-Noud. Why not?-I don't remember.. What's the next item 7-53 for a letter written. In whose handwriting was that ?—Tam's:- Was there a receipt ?—No.
And the next?-Jardine, Matheson and Com- pany, protest re steamer Lat Song, $5.75
Was there a receipt for that?—No. Is it not the practice not to give receipts for small amounts unless you are specially asked to do so? -Yes. My duty, however, is to make out receipts in every case,
Are you quite sure that was all ?—Quite,TM | | 30. Did I you make a declaration is this "malter-
| an affidavit?—Yes.
On 27th May?—Yes.
And in that you told'ail you know?—Yes. Do you know Jemadar Golab?—I know his face.
When did you first see him ?—Some time in. February this year.
What did you are him about 7-He called at the office and wasted to see Mr. Dixon..
What did he say to you ?—He simply asked me if Mr. Dixon was in the office.
What happened after he asked you that? He went into Mr. Dixon's office.
Did you see Gulab when he came out?-No,
with reference to feader Gulab?—Yes, $30. | I did not.
In whore Mr. Dixon.mag ii'ike entry made?--
Mr. Calibrop-May I ask the date?
Mr. Potter-27th March. (Proceeding)-Did you see Gulab on that day ?
Witness-No.
Do you know if any receipt was given for this $30-No receipt was given,
The Chief Fastics—Do you know for a faci? Witees make out the receipts/" Mr. Folter-You keep the receipt book?-
Yes.
Was there another payment of $50 made by Gulab? Yes...
Did Wan Hi pay 530 for costs in regard to a Police Court casa? Did you receive the money?-Mr. Dixon received the money and handed it to ma
Was foceipt given? No,
<
•
Was this the occasion when, he paid the 5307-No;aller that.
You said it was part· of your duty to make out and give receipts?-Yes.
On the syth January, when Sio was paid why didn't you make out a receipt?-I asked Mr. Dixon if the man wasted a receipt. He said
Why didn't you pat, that in your first af ́fidavit ?-1 said no receipt was given, Some
times receipts are given by the solicitors,
The Chief Justice Do you keep the receipts book Yth.
Then why didn't you give a receiptĝin this case ?-Sometimes the clients pay the money and go away without a receipt.
Do you do it-Unless I am told not to do
What is the entry of the 2nd July?-Costs
510 in a Police Court case.
In whose handwriting ?—Mr. Dixon's.
Is there a receipt for that ?—Yes.
On the same day was there another epiry ?-- Yes Baksha Singh, $10.
In whose handwriting was that ?—My own. Way was there.bo receipt?--I was told it was not required.
Who told you?-1 caosot remember, Were you told specially in that case not to make out a receipt?-It must be so; otherwise I would have made out ona
On the 6th July there is pu enjy of S27 costs of transfer. In whose handwriting was hat?-In my GWD.'
Was there a receipt given ?—No, And why not 7-Because it was a transfor from a client's account, who was not is the Colony.
And this sort of cross-examination continued most of the afternoon, Mr. Calthrop settling himself down in dealing with the cash book, and inquiring closely whether receipts were given in most cases for imonies received.
Mr. Calibrop-And' do you still say that ro- ceipts were given for small amornis?
The Fuisse Judge-He has already said that he did not give receipts when he was told not to do so.
Dida't Mr. Allana pay you something at that time7-Yer.
Mr. Justice Gompertz-How do the solicitors He was a bankrupt at that time?-I don't get at the receipt book?—They ask me for it. || kaaw.
|
he does.
Why did the interpreter Hung leave the office?-Hung told me that be left the office because Dixon had been in the habit of misap propriating for himself office monies and paying a portion to him, Hung; and it was very dangerous for him to remain in that position. Therefore he left the office, Hung, on leaving, fold mato be careful. He put me on my guard. The conversation on that subject then dropped. Then what did you talk about after that ?- Anything. Nothing of any interest.
coming back to Mossrs. Hastings and Hastings Was anything said at that interview of Hung as interpreter-Not at that interview.
When was the second interview ?—About ten days after Chinese New Year.
Where was that interview held ?—In Hung's house.
Between those interviews did you speak to Mr. Hastingsol Hung going backas interpreter ? -Yak
Did you want him back? -You.
Had you written a letter to him?-Oh, yes. I wrote to him very often,
What did you want Mr. Hung back for?- For some purpose.
And Mr. Hastings wanted him back?—Yès- on condition.
What condition was that?-Mr. Hastings wanted him back, but he did not believe what I told him of Mr. Dixon.
The case was then adjourned until to-morrow morning at 10,301a'clock.
MR. DIXON IN THE BOX
DENIES BORROWING MONEY, FROM THE
BILK MERCHANT. -
22nd inst The attention of the judges (Sir. Francis Piggett and Mr. Justice Gompertz} was sugeg» od to-day in hearing the issue in which Mr. Clive Flatcher Dixon, a Hongkong solicitor, of the firm of Messrs. Hastings and Hastings, is being called upon to show cause why he should not be struck off the Roffs of the Supreme Court for alleged misconduct..
There was a sparse attendance in the court. room when the proceedings opened, but this
|||| Mr. Calthtop—I put it to you: that if a re- How do you know that Mr. Dizon's salary Did you receive any further asm in that caipt was given it ought to tatly with the cash i was on the average $420 a month By the wan gradually increased during the course of the SAMPINO,
book fi Yes,
cash book,
|
|
Have you gone to see him at Messrs. Brut. ton and Hell's} - Yes.
I
--
When?—After) made my declaration, How long afterwards? - think the day after. What did you go there for?—I went to see the cashier.
What did you say to Hang there?-I told him 1 had made a declaration in this matter.
Did you tell him what you had said in that declaration ?—Yes,
Y
What did you tell him I told him he was not concerned in the matter at all,
Did be ask you anything else?—He asked me when the case was coming on and, I told him on Friday.
Why did you tell Hung that he was not concerned is the matter?-Because be asked mo
What more did you tell him ?—No more. When did you next see Hung?-On the very day Wong Hul Tong made his declara
***** tion,
Why did you go to see Mr. Hong? Because Mr. Hastings told me to go and see him to see whether Wong. Hui Tong was telling the troth Where did this interview take place?-In his house, at 4 o'clock in the afternoon. It was raining then.
or not.
Who else was there ?—Nobody else,
What took place ?—I told dung that. Wong Hul Toug had made a declaration in the matter, i also told him what Wong said.
Did you take the declaration with you ?—No, Did you remember by heart what Wong said? Not word for word. I knew' what he said, because i took his declaration down in shortband.
What did Hong say?-He said that what Wong sald was true.
Did
he say anything else?-He said he did not want to go to Court to give evidence,
Why did he say he did not want to go to Count)-Because he had a hand in the matter. I'did not know what he meɛpt by that...
-And ?--) asked him what would ho do if Mr. Dixon subpoensed him. :
What did he say?—He said he could not stand any cross-examination, and that he must
tell the truth then,
What else? He said that Mr. Lo Ches Sat, the late Mr. Reginald Harding's Interprater, had been to see him to take a declaration in this matter to support Mr. Dixon, Hong cold Lo Chee Sas that he would not come to. Count in the matter.k
Anything else?-Nothing more about this matter. I left about half past four.
|
|
with stealing money ?—It did not occur to ma to tell Hung to come up.
What caused you to make up your mind to tell Mr. Hastings about the matter?-Hupg' told me that it was a very dangerous position. he was holding, and that there were no prooft for his story.
Was there any proof for the story when, you told Mr. Hastings No.
Then, why did you tell Mr. Hastings?—1 put it to him to see what he would do.
2.
It did not strike the witness as very peculiar that Mr. Hastings should consider taking Hung back, when, Hung admitted taking the office money. The witness thought that the reason why Mr. Hastings wanted Hung back was to get particulars from him. To his declamation he said that the arrangement made between Mr. Dixon and Was Hị was ・・ that for the latter's case $50 should be paid down, and $25 for every other visit, Witness was cot, aware that Wan Hị, in his declaration, said that it was agreed upon to finish the case for Sgó. On the 17th June wit sess made a second declaration, simply becaus he was asked to do so; and he did not think it necessary to set out all the facts of the Saturday afternoon interview which he had with Hang. witness did not see the second affidavit mada by Mr. Dixon. The details of Mr. Dizon's all- davit were not known to witness at the time he made his declaration.
Re-examined by Mr. Potter (for the prosecu. tion)-Mr. Hastings never agreed to taking Hung back into the office. Hung suggested it, and witness supported it. All that Mr. Hastags 'said was that he would consider the matter.
The witness was then excused, and the next one labe called was Gulab, which means Roadin English, who stated that he wasunce Jemsday in the Hongkong Police Force. Be war in the Force for seven years. In January last hawanita. Messrs. Hastings and Hastlags Dffice in regard to a case in which he sought. to get a pension from the Government as he had been dischar- ged from the Force. Witness saw Mr, Dixon, who took charge of the case. Witness paid him (Mr. Dixon) $40 on the 17th January."
Mr. Foster-Did you speak to him through an interpreter, or by yourself?
Witness-By myself.
Did you get a receipt? did not ask for opt And in March you paid another Sjo?—Yes, Did you get a receipt?—No.
$40.
Mr. Calthrop (cross-examining)-Are you quite sure you paid 40 and not $30-1 paid ant Sjo?-1 gave him four Sto notes a
What made you remember you paid $40 and
On the 27th May last you made a declaration in this matter? Yes..
Why didn't you say in the declaration that you made a hole of the date you made the payments?—I was not asked, so I did not my
50.
You were not told at the time that Mr. Hast age books showed that only $30 had ban paid?-No.
book at the time?--Negyed
Mr. Hastings did not tell you what was in the
If he had told you that his books showed that $30 and not 540 had heen paid would you then Save sworn that a bad been paid?- pald 540 and would swear to it,
matter did not go to Mr. Hastings, I want When did you Rest see Mr, Hastings in this to Mr. Dixon, mainta
Did you see Hong the same day ?—No; 2011. since theng ph
Do you know where Hung is now?-1 understand be'is'in Qanton.
Have you sear Me Hastings at all in connec. tion with this inquiry ---Navarage
Do you know what tale present laquin
bour