1909-06-23 — Page 5

WEDNESDAY, JUNE 23, 1909.

Accusations of Perjury.

Mr Davidson cama, out in October. 1907 Mr Davidson came out nearly two years ago..

THE CHINA MAIL.

On se nousious, yen say, you had. money with which to buy artalos? Ons

or the occasiona

That it was without their knowledge. No, with their knowledge

When you received money were your. received a present of money last summer employers aware of it-I don'b now. I and Mr George Hastings was aware of it, or I think he was.

THE DISBARMENT CARE. him in his room and I went th. He said 1997; whereby, he was so have a partner "Well, Dixon so you have determined to ship. He was then considered a valuable fight mo." I said I don't want to fight, man by the firm.

Do you suggest they do not consider your Was this with the knowledge of your MR-DIXON CROSS EXAMINED, but I can't go away as you want nie to."

Heald, "If you don't go away I will ruinare a valuable man now I am not so employers That I have had presenta 1.

Yes I received last Christmas allver you

He also said.Why don't you go indispensable now as I was then ?

When did you cassa to become so indiscigarette box and I showed it to Ir to Canada? If I were a young men and down on my luck I should go there, pensable After Mr Davidson had come John Hastings. There's plenty of money to be made out hers and got into the way of work out thara." I said I preferred to stay hero, in Hongkong where I could make a living, deny, my lords, that I asked him to allow me to practice in Hongkong. He said he would not allow me to practice in Heng kong, as I should out into his business, Those wore the words he used. I told him I didn't think I should do him much harm, and I told him I was prepared, if he desired Mr E. Potter (instructed by Mr C. D.it, not to do work for certain people whom he Wilkinson) was for the appliesut, Mr John could really say were his clients. He said such an undertaking was not practicable. Hastings; while Mr H. G. Calthrup (in Bo also said, "What will all the other structed by My Hartour was for defendant solicitors say if I allow you to start and open Mr Dixon again want into the box, and another office here? There are too many replied to questions by Mr Calthrop a solicitors' firms here alrondy." I told him I follows:-

Before the Chief Justics (Sir F. Piggoth) and Mr Justice Gompertz, at the Supremo Court, today, the boaring was continued of the motion in which Mr C. F. Dixon, › solicitor, of Musara Hastings and Hastings, filled upon to show cause why he should

not be struck of the Rolls.

could

So it has taken you nearly two years to make you not so indispensible; do you agree -No Dawer.

Do you suggest that it is because you aro not so indispensable that this case is brought against you?-Will you repeat that question est that it is because you

Do you suggest are not so indisponsable that this case is brought against you I suggest that this case has been brought against me because Hastings and Hsating ars of without me and would possibly are a good dual in the way of salaries, holidays, and possibly a partnership.

The Chief Justice-pit you invest the money in buying articles? You say money to buy something with.-Well, possibly

word.... not, my Lord.

Mr Potter--Can you tell me what the mounts wore -The amounts of money. I received altogether?

In each particular case I havo received $100 on two cessions, I think, and 850 on two cocasions. That is $500 altogether, money.

Who did you see ex-jemadar Gulab for rmposably get a partnership in some opinion that they can get on just za well that is practically all I have received in

the first time I think it was to January,

Did you make an entry in your diary There are several entries in my diary on

the matter."

The Chief Justice-We are not disposed to pay much regard to Gulab's evidense and I think that the charge must be dropped. We could not possibly accept

here, and be said, "No one will give you a partnership after I have inished with you. He said I had admitted taking office money, and I told him I had not admitted it. He said no one would believe my word against him. I then left his room."

from Mr Calthrop, mying on March *ships will remember that Mr Eastings misconstrued my statement to him that Mr Hastings in the action in which you

What do you suggest now?-anggest that he had wilfully and deliberately had received presents from clients into an admission that I had embered his firm's In other words, that he has wilfully mis- stated what took place at the interview 7 That is so.

money...

Does not that amount to perjury, to wil fully misstate a material fact?--It does.

Therefore your answer is that Mr East: inga has wilfully committed perjury in order to suro salary, commission and hell, days? Yes.

Why should you pay the money over bu were appointed as trustee?- Mr Hastings asked me and I did so."

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You say this is an untrue letter -Sub WATKINS'

stantially. In so far as the letter differs from

the evideper which I gave this 'morn- | ing.

Can you suggest why Mr Hastings should write this untrue letter-It was part the scheme for getting rid of me

af

Did you not know that this letter could

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Do you think it was proper conduct to Eake $300 as presenta without the know- You angust therefore that in order to save ledge of your employers I saw no reason anlary holidays, and onmmissions Mr John why a client should not make me a prosent Hastings basgune into the box and perjured if he thought at after everything and besa Did you continus in the office after that? himself My lords, I don't know whether settled.

Therefore you did not think it impro- -Yes; Iramained there until the 30th of that is pertineat.

Counsel then road'a letter from. Bir John April and in the meantime negotiations I want an xoser to that question.-per-I did not think it improper. had been going on with a view to having suggest that Mr John Hastings was in the the anttor in disputo sotted by arbitrarst placa misled and that he has been Hastings to Mr George Hastings with tion. At that time it was considered that anxious and eager to accept the statements regard to his taking amall, sups of money his evidence supposing it stood alone, and it was in the interests of both parties to that have been made to him by the Chinese and witness denied the allegations and id That wan as an excuse for getting rid of his liability the latter part of the letter was substantially correct. He made the socusation against me cortainly it does not strengthen the case.void publicity if possible.

Do you suggest that he is still only and I donied it. It was absolutely untrus Therefore I think in the circumstances that agreed to, but Mesars Hastings and to me under the agreement.

Hastings

that witness had asked M: Jolin Hastings violated that understanding

mialed?- No. charge may be dropped.

by suspending me on a miserable pretext

to sixy on. Witness contioned, raplying to questions during the negotiations and thus putting my in doubtful light Your Lord Capt In Picquo came to im to give

in his evidence stated that one of jastrigalons for a power of amoy in his the grounds for (Mr Dixon's) rats to sell on uis behalf 650 had sounds for suspending me was that he complaints from clients as to 2100 fully paid shares in the Messageries my manner towards clients... Cantonmise. Ile consulted He Hastings: Can you explain that?-Witness then went into detail in explanation, contending who suggested that his own name should that Mr Hastings! runson for suspending "ales be included in the power of attorney him was a miserable one.. Witnese ad It was drawn up accordingly and executed mitted he was angry with a Chinese boat It is quite necessary to get hy Capt. La Pieque on the 7th of March. mat, adding.

What happened after the interview with gry with that sort of man when he is palpably lying Mr Hastings came in and challenge Mr Capt Ln Pioque-30 March 28th Mr did not complain at all. Hastings said he wanted to speak to me Hastings to show that my conduce towards after "tive o'clock. I went into his roon any cospectable Chinman was hat oxsetly about 10 minutes after five, after the that it ought to be. had left. He said be wanted to speak to me about a very serious matter. He said he had reason to believe that I had been taking George Hastings not to continuo to hy this way except his wish to Bave miary, mones from the office. I denied the charge. with a European woman, witness replied commission and holidays --No.

strengthen his case de well, it might be. He said he had made independent anquiries in the negative.

I don't want to argue Mr Dixon, but and he was sure it was so.

Ho said he had

other motive-1 repeat to strengthen thing at all in this matter I put down his case.

in writing exactly what had taken place at The Vailed Lady, by Florence Warden

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Had you seen Mr Haraton at this time? The King and Isabel, by The Author of

ASPINALL'S SANALENE GLOSS. John Johns. reason why Me Hastings should write this letter to you saying you had admitted the charge-He wanted to get rid of me.

29th of May I received a letter discharging mo.

You might just as well hitro said it st the beginning. Now, do you suggest he had entered into criminal conspiracy with the witnesses-I can't offer any suggestion.

No answer.

That is 30.

oot be put in as evidence by Mr Haatinga?

How therefore could is help-

How therefore could it help him in this It was referred to in his affidavit. scheme of getting rid of you?-He wen

1!

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How could it be part of the scheme for

Or do you suggest he is only misled 7-tioned it in his atidavit. What happened after that?-On the

Can you give, me any other motive why getting rid of you ?-It is a point of laws was referred to in his affidarit. He had

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ason witnesses and had obtained from them quite ready to produce all particulars 1 that is not a motive. Do you suggest any 31st from Mr Hastings did you do any-rious Eliza, by E. Maria Albanesi.

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statement to his brother and had relaived a cable telling him to do what he thought best. I emphatically denied the charges at the Bank 1-If the other side wish to what will be the result of it if he is sue

and I asked for particulars of the alleged sets of misappropriation. He said he was not thon in spesition to give me par- ticulars, but they consisted of stall sums received in respect of Police Court cases.

..

The Chief Justice-It is for M Dixon lo take the onust

Mr Calthrop-Yes, my lord. The Chief Justice What is your contei- tion on the point?

Mr Calthrop-I an willing to produce all accounts to show how he spent his

"Ho suggested that I should go to Japan

ostensibly for a holiday and that I money,

The Puiene Judge--What he rewired or what he spent?

should never return. He also suggested that I should go to Shanghai and start: practising there. Hs said I should do ver well in Shanghai He also said Enug Kawish to see Mc Dixon's necounts.

Mr Calthrop-I am putting it both ways. Mr Potter said he find not the slightest

Their lordships retired for a brief period

Are you aware that Mr Hastings in leaving the Colony in October of this year! -No; I am not

Were you aware of it? understood when be returned last October he was going to stay for six months, but it was only gossip. He never told me.,,

And then ho was going to retire from the Brm-That was the rumour.

Now that you have heard Mr Hastings state that fact in the box do you believe that rumour was true? Do you accept that statement of Mr Hastings I am not

disposed to dispute in.

-No.

Do you suggest any

1)

It was part of the scheme? Yea-part of the scheme.

The first denial on paper of these charges was two days after you had con Mr Hung? Yes. The letter of April 2 was

the fist denial on paper.

As Mr Hang in the Colony at present? Your client communicated with him lost; don't know." Ono of your winses says

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Ning was in it with me" Those were to consider the point.

And that he was going to leave the his words. He said he had seen Hung and

On their return the Chief Justice said

subordicate issuu business to be conducted by his brother, Mr Hung had made a clean breast of it. I told they thought in

the

side George Heatings: do you know that him I knew nothing stall about the charges, complaining, but with regard to any of Lea, Isu peso Mr George Hastings would and nå he had made those charges it would those subordinate issues which Mr Dixon conduct the business.

And you have told us all along that you not, think important he must take the might perhaps be better if I should stay away from us of proving it if he thought accessary and Mr George Hastings were on vory

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is in Canton.

the office until the matter was disposed of He told me not to do that but to come in any inferential way. He must take the but we we Joke Hastings was leaving essential" witness on

down to the office as usual. He also anid that if I would go away he would under take that no une in the Eist should know why I had gone away.. said

He

risk. If he did not he was perfectly at liberty to let it go as it stood.

The Puiane Judge added that if the accounts were put in by Mr Dizon they

friendly terms - have not told you so,

Thon Mr

sery.

Are you calling him as a witness?-I am Don't you think he would be a very. tights on you be our have "thought be

Н would

your behalf.if he is going to say what Wong Hu more necessary than ever it was No. Tong says happened, and if he repeated don't think it would because Mr Davidson in Court the statement made in the pre- of Mr Gedge. and Mr Harston he

in October would not your assistance be

he had spoken of the matter) must! bo his ovidence and part of his caso, had come out since Mr Gearge Hastings have been an essential witness on

and I alone managed the business.

behalf. Hus not there been three solicitors in therefore didn't you get him to

the firm over since you came out ?- The

Why

first year that Mr John Hastings was away mako en affidavit He declined. He said Mr George Hastings and I alone managed her mind; we won't have what he the business.

I put it to you that but for a few months said, please.

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to only two friends and they were The accounts were not put in. very discrent. He told me to think over Raplying to Mr Calthrop, witness said his suggestion that I should go away and in his first year he received in salary and the interview onded. I left his ream and commission about 3275 a month, about want back to my syn room. I had been 2300 the second gear, about $370 the third there about three minutes when Mr year, and about 8425 the fourth year. He Hastings called me back again into his brought some money out with him, ab before Mr Davidson cama out that was the room," He said he didn't want to coin ns. 230 or £40, and had or mortgage sunt only time two solicitors were in the frm-f occasions and he declined. Is that not

bad several but unless I would resign he would of £400. prosscute me. I again told hint I had had out from home, including £100, £60, £70,-From March 1905 to March 1303 there correct that way you want to Mr CHEMYSTS & DRUGGISTS

no meney intended for the office. I told 280, and £40.

hom I had bad presenta on one or two What have your average living expenses

been this year -About 2325 a month, think.

werd only two solicitors in the George Hastings and meoit.

You had interviews with him on aoveral

I take it

WATKINS,

Harston was that you thought it of con- I put it to you, Mr Dixon, that new siderable importance that you should clear 81, Queen's Road Central, Mr Jhn Hastings leaves this Colony in your character of these charges? Yes.

That was one of the objects why you went October, you are practically indispensable

the arm of Bastings and Hastings 1 bo Mr Harstou?--Yes, to prevent myself don't think so, now that Mr Davidson is out. being driven out of the Colony by Me At any rate as Mr John Hastings is leav: Houwere prepared to forgo your sub-

occasions from clients, and he said he had proof that I had embeded the firm's inoney. I told him I had no occasion to What rent do you pay for your house steal small sums of money as he suggested $140 a month.

ad I told him I always had on current Witness then produced receipts showing account as the bank somewhere about that his monthly avenges wers :- Dairy $1,000. And I reminded him that Thad Farm, 8110 Mutual Stores, $19.52;ing the Colony in October what would be the $4,000 on joint mortgage with him; he Weismant, $4.31: cook, 360; servante, 300; object of his trying to save salary and com- stantial rights and enter into an agreement knew all about that, I told him that just coal, $13; club expenses, $17.88. There mission 1-He would still take his share not to touch certain clients, if you were to remind him I wasn't hard up. He said ware, to said, a few other items, such as

belongs to

tobi he would at

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of

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time. I am not a rich man and did the whole canso of the trouble. was living ice, and soda water from Watsons, which The goodwill, of the business, I suppose, allowed to practics in the Colony 7-I war! as I did live, and spending more money only amounted to a few dollars a month. want to be paid for that.

not stant to enter into litigation as the Supposing he, handed it over absolutely watter had not been made. Wilkin-1 than I could afford. I said that my What have you to say about your Police

Mr Hastings bad ordinary expenses did not exceed $350 Court diniy - say that by comparing it to his brother could you then suggest way

and 12: The Australians beat Somerset a" month, T thought. He said it was with the diaries of any biber col cars at he should perjure himself in order to as ve son 1-Yos sad Mr Mng to M

and commiation That is sklary, holidays

Yet you were prepared to stay in the shire, by two wickete at Bath; Surrey] iurpossible to keep up a separato establish- Mouse Hastings and Fastings it will be seen

that amount. He again said I that mine is properly kout. The object hypothetical question which I am not Colony under the very eyes of thes+ people? defeated Hampshire at Bournemouth by

-I did not consider that the charges mada mast think over his request that I should making entries in diaries in that bills of coels prepared to answer. go away, and the second interview ended. shall be made out from those entrieg, and At any rate it would be a matter likely to by him would do me very reuch harm and I ten wickets; Lancashire best Sumar' st Manchester by three wickets; Leicester- Did you go down to the office the sometimes in important matters entries are

effect Mr George Hastings much more than could not afford to engage in litigation. next day? Yes: I went down as usual made as a matter of record and not for the Me Jobs Hastings don't agree with

What I have pul to your is pure invention shirs defeated Notte by the ton wickets at sta In you. "I was trustee of bankrupt's account purpose of making out bills of costs.

on the part of Mr Hastings Yes. Leicester; Gloucesterable beat Northamp. I am now I think; and I had a separata Polca Court cases where costs are paid us and you wil war that in order to save Of one thing, however, you are certain

At that second interriow I think you tonshire at Gloucester by 25 rans; and the banking Barsaut for that. In that a rule in advance there is

is no necessity for account I had about $1,200. The next making an entry in the diary because no salary, commission and holidays Mr John agrood that Mr Hastings said "Why don't matches between Kent and Essex at

Bir Hastings asked me

out. I tave nator Hastings has perjurad himself That is you go to Cansils; if I wers a young man Catford, and Middlesex and Yorkshire at ia made of costa

and down on my luck I would go there"

Lord's were abandoned." this money from my Trust Ac in the habit of making entries with | 50.

Witness was then questioned as to the--He did say that, “ The regard to Police Court cases and there han

interview of March 28th with Mr Hastings. What meaning did that convey to your 1 by letter and; he did not give never been any complaint as to the way me any reasons. I drew a cheque at once, have kept my diary. I would like to point Did your say I admit taking monies mind if you had denied these charges at the and it was paid.inbo. the clients account out to your Lardships that this item of from the offoe, but they were only small first interview 7-Did it convey any meaning and 18: Derbyshire beat Warwickabim reumatic Tools and Air Compressor

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at the office. The next day I made Wong Hi' is in Mr Kents handwriting,

s careful note in writing of everything that and he has ever since on any one cocasion

ventured to make an entry in my book.....

had taken place at my interview with Mr Hastings and I handed that statement to What powers had you with regard to Mr Haeston & day or two lator, and it has costs exercised my own discretion

absolutely without any supervision.

Witness added that in such case as

been in hin custody evor since

After that did you receive a letter from

Mr. Hastings 1-1 received a letter from | Wong Hi's he should not think of saking

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Do you think that is a bona fide mistake If you had not made an admission of

or an invention? I think it is an invention: So that Mr Hastings" evidenes on this point is really a mixture of truth and lies?

That in mo.. Did you tell him the only things you had

received from clients were prestata -Yes,

Sarray best Northrup conabian at North-

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You should go to Canada-Because he between Yorkshire a ad Buseat at Sheffield maintained between the first interview

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Cross-examined by Mr Potter: Withons: I did

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Witness was questioned by counsel with church belons ang to monastery near That was the latter that has been put said since Mr John Hastings returned in Why did you not put that in your in? That was the letter of sccusation. October he had not been on such good affidavit Bubstantially I put everything

using me of

of having admitted taking turns as previously, though they were still in my atidavit. It is much more complete regard to the Bastar Bockelmann case in Lisbon. Daring service a gallery containing money. As ou do?—I went to 600 was voluntary sou on the part of MrJoho

friendly. The ran in salary of £25 a year than Mr Hastings.

Do you deny that Wang Hui Fung made Why didn't you put this in your AfEdavity Mr Harston the next day. The name Hastings and that did not abow any on--I didn't think it needssary, "arening, my lords,” I my Mr Hung Kam friendly attitude,

Fall -No.

which witness had the sole conduit 900 person collapsed and fall upon OREGON PINE

segregation bansath. A panic Beren bodies have been ex trom the ruins. Thirty-£ve per- reived serious, injuries and 50 wera

less badly hurt..

crowded r you say fosa or gave you any pronedits

followed Absolutely. What-I was acting under advice. Bearing in mind your statement that Mr. Ning;, I arranged with Mir Maratón to take In October 1906 wi je you not voluntarily

He says he paid you 8500 on January 27,4 tricater Mr. Hung's statement, and Mr Harston had given a commission of one par cap ou busi Hastings had misonstrued these words of There is an entry in the rough cush, book some au interview with Mr Hang at which Mrness done-Ter, I think it was in October, yours about presents don't you now think in your handwriting-Yan,, 5 in my hand- *HOT* Hong made a statement. I was also pre- And that was not in your age should appear in your Afidavit ---No,

it is a matter of vital importanos that they wating, h F

You deny that ho ma

you a ton of What happened after 1-On the day after In April, 1906, you sukod to be put on don't we weren't bound to show all our $500 7-You Masera Ewens and Harbon wrote a letters fized dollar basisYel.

cards then,

Are you prepared to swear, that he did And your wish was immediately soceeded You admit Mr Dilon, that you have not give you the 3500 personally No.

haitation

transactions were completed, bever

himself Because the costs were too f What form did these prosente take and as Mr Hastings had $300 of his in

to Mr John Hastings on my bahalf, "deny.

ing that I had made any admissions.

On that day did you- receive another to You; i don't think there was any takes prasente from clients 2 Certainly. Can you anggot why he should perja

letter from Mr. Hastings 1 Either that day.

after!

or the previous day I received a latter ank You were pub" on la.. Lid, although the I during the progress of canon and might think that if he came here

ing me to return my agreement signed by exchange was considerably higher Iex; me, canceling my agreement with the firm. but it was considerably lower when I came

I have had articles of jewelly and on gave lines on his behalf Mr Erk What happened the After Mr Has at low possions I have had money for the tings had posived the letter from Ms Replying to further questions with purpose of buying something so badlight do something or hind. Ewans and Harston he sent for me to men, baid, he entered into's fresh agreement in two black wood chairs onde.,

(Continued "on Page Ba

COLIC AND DIARRHOEA JURED. AFTER an hour's suffering from cramp Abolle or diarrhoes, the best remedy obtainable can not give relief too quickly Chamberlain's Calle, Cholors and Diarrhoe Add Remedy la the best medicine 'in, use, for and these fle. I always gives prompt relief oran in the most severo, and dangerons. oner, and you own not saford to allow your home to be without the Te bent. Paz

LUMBER.

LARGE STOOK OF ALL SIZES ON HAND.

JOHN & ROBERT HARVEY & CO., LIMITED

ESTABLISHED 1770

TIRE Undersigned have been appointed SULE AGEN18in

China for the above Company's WHISKIES

Harvey's Special 814

Ostöber

DODWHI