1909-07-05 — Page 5

MONDAY JULY 5, 1908.

SOLICITOR

SUSPENDED THREE YEARS

FOR diamined interpreter as a wit

CHIEF JUSTICE CRITICISES THE POLIOR

Verbatim Judgment of the Full Court.

Ebab is mass weaken their authority and

THE, CHINA MAIL.

by that of an honest man that is for

Me Justice Gomperta aid This in^a motion for an order that the name of Clive

Their Lordships the Chief Justice, Sir F. Playgott, and Mr Juation Gompert at the Supreme Court, this morning. gave Judginsit in the action in which Mr Clive Flatcher Dixon, formerly a sclicitor in the fra of Mesars Hastings and Hastings was called spoɑ to show cause why he scouts. Anil even if the police had con dismissed Mr Disna and he had brought en England in 1899 joined the firm of Hastings

should not be struck off the Rolls.

Mr. E. Putter, instructed by Mr O. D. Wilkinson, was for the applicané, Mr John Hastings and My B. G. Caltrop, in alructed by Mr J. Scott Harston, represent

defendant. A

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new but whether. Khla tano only be proved my be offered to stand publia criat without fan whathen, we'engregeraise our at the sales. But on the whole one and disciplinary powers in the absence of the having in conjunction with my arred person who came alone give the evidence brather gives it the most anciona con which would bring home the offence with siderailin "I ma como to, no other o which Mr Dizon, stands charged cluson but this, that the confession WAR solicitor. It is said he will nop coma. made by Mr Dixon as Me Hastipirs allego beowuse he would incriminate himself. That and that this corroborates the aridence is irrelevant to this issue. He might be given by Wan Hi, the facts of that c dead and yet the difficulty would be just to being covered by the terms of the ocrfe same. I agree that possibly the facts-pension, but that is does not corroborate the nested with the charges If well founded Wong Hai Thng charge. My Dizon is might have come to Mr Hastings now therefore suspended from practicing in this ledge without Bang But Hung, pout for a space of three years. At the case stands, at the bottom private detectives, if only for this resson of the whole thing and I myself this. question-Cha this charge be eflosey is the discharge of their public proved without him as the caso stands Fletcher Dixon, a solicitor of this court, be It will be said--Look at the difficulties.. duties. Of course there as in this ass 14. It fair to impose this obligation on removed from the Rall of the Court, for | a criminal charge involved but I have beon:

Monara Hastings In this case, Yes. The gross misconduct in his opacity as informed throughout those proceedings question would raise entirely different con- solicitor. The facts are briefly as follows that Mrs Rostitigs always declined to aiderations if Meats Elastings had merely Me Dixon, who was admitted a solicitor in templated taking up, the case takon with action for wrongful dismissal, Ve enanot regard to Wan Hi looking on him as a wit-po ne was not regular, I is object treat this application as if it were suchan and Hastings, then John Hastings, in Hong Altogether to the polics surveillance to tion and even if we were to set upon Mrkong, in 1904 on an agreement for four which the man was subjected and I am not am's evidence I am bound to say that the yess" survica as an assistant on a salety negotiations between Bir Tam and Hung, surprised that be complained. Secondly, about getting Hang back into the office, f-8530 a year. He received rations, in statement was taken from this witnesonorth in which almost a promise was made in er monte in salary and amnission not before Mr Wilkinson noting in he capacity Mr. Hastings name to take him back seem stipulated for in his agreement during the Ks notery public in the prosonce of In- spector Haruson, I think this was ure to throw a hase over it which I am course of his service. On the 15th April, gular but we were cold that it in a bainly not going to attempt to dispel except 1907, before the expiry of his first agree practice which has long prosailed in to say this, it is really unneccesary to. My the colony for notaries to take such state whatever they may be called an were made into for five years under which that such inducements or half promises, or mont another agreement was, antared The Chief Justice said-Mouars Hastingsents an oath. Obviously therefore, whit by Tam to Hang were not made with Mr. Mr Dizon was to receive a higher was done in this case was perfectly bonn. John Hastings authority but were the rato in dollars with incrementa in commis- and Hastings, solicitors, practicing in this fide. Our procedure does not recogning direct oppos court, bring to the notice of the court any mods for manufacturing ovicoape.

opposite of bis intentions express certain alleged acts committed by their ass the word in no offensive sonso-except that this is again a case in which I should expiration of the term a partnership in Dor implied. I think in the circumstances sion and salary and also to receive at the managing clark, M; Oliva Fletcher Dizon, 13 special procedure for perpetuating have adopted the Scotch formatia the business. It is quite clear that the

testimony or binding people down to state- also a soliciter admitted to practice in this menta other than in provided by the proven," but as I cannot do so, as in Wan court, which it to suggested acessitate the Statutory Declarations Act, introduced intel's case, I am bound to find the sei found Mr Dixon a valuable man exercise of disciplinary measures by this the colony by Ordinanca sight of 1883 and not stablished, subject to what and the relations between them appear- have to say on the subject of the fod to have been such as might have court. The nature of these charges will ap- this did not profess to be a statutory alleged confession. To this alleged co been expected between an enlightened

declaration. poir from the judgment. The one which connection with the administration of calon I now turn. Now here again we employer and an able and trustworthy

are confronted with a diffealty. A con- hays to mention is the alleged embereling caths and irrespective of the duties of his tension if proved cannot be pressed further assistant. On the 2nd of Febranty of

office are these He may tako half of the Burm for services rendered by be made volantarily; the declarent must is Polico Court cases. This would cover being on a visit to Hung Kam Ning sums paid by clients to Mr Dized cod by declarations but those doclassicns must than it actually want. The confession was this your Tam Wing Kwong, a clurk in hat only small sums had been taken and the office of Mesars Hastings and Hastings. bim as managing clark of the firm. The go to the notary and ask him to take hiswan Hi's case but not Wong's case. But first point which, we had to consider was declaration. This was in no sense & volun-

an interproter who had recently quitted whether this allegation, involving as it did tary declaration. And is mast be in the there is a far more serious inatter to which the service of the frm, received from him I called the attention of the learned soun- certain information which he communicated a criminal charge, should not have been form prescribed by the act which this el engaged. At the opening of the can to Mr John Hastings. Mr Hastings saw tried before a criminal court. Mr.Dixon, by not. Secondly, under Order 38, rule Mr Callthrop very wisely asked for the Hung in his office on the next day, and on

examinatione, affidavits, declarations and his counsel, strongly contended that this was other matters may be worn before a

charges against his client to be this was formed. him, that Mr: Dixon, had been in willing and desirous of standing his trial. High Court. There was at the time this | 195

be It could not possibly said only of monies paid Mesars Hastings and Hastings declined to a statements made at that that they had been formulated though they of costs, retaining the balance himself and prosecute and maintained that this court the statement was not "iotouded to be application for the rule and the question is Though My Hastings pressed him for lu- The Disappearance of Lady Dison, by R ponding before this court. The fact that ware contained in the affidavits filed on the giving to him. Hang, part of the money. was, bound to entertain their application used is immaterial. T The objections to quite irrespective of the fact that criminal auch a proceeding as was adopted in this whether we can ignors that there is an stances he gave none saying he

Allegation made thase that charge was involved. My own opinion versuch a statement knows he has made it pli sumas belonging to the Arm. I'do nobenities which resulted in certain persons The Story-of, Haukagarth Farm, by Emma

case are clear. The man who had made Dizon bid confused to having appropriated unable to do so. As a Tsult of what The Vicinitudes of Flynn, by Bart Kennedy RUBEROID strongly leaned towards the trial of the and must in giving, his evidence be con- question before the assises but after hearing scious of it and that be wight be confront think we can look at it as merely a piece of being discovered who have given ovidence of the Good Intent, by Halliwel the very able arguments of ounsel on both ed with it; yet it is a statement on oath to ing a charge which is brought to the know ara Laser.

corroborativefovidence but as itself embody before us on which the present charges Batcliffe.

the 25th of March Br siden. we came to tão conclusion that the which the penalty for perjury doce nos ledge of the court. I think therefore that ratings called Mr Dixon into his room? The Half Moon,' by Ford Madox Husffar. disciplinary jurisdiction of the court exists attach. It is therefore for altogether independently of this being of the court valueless and can only avail we are bound to inquire whether the con- in the afternoon and told him what Mr Jon of the Hille, by T. B. Clegg. concurrent jurisdiction in the criminal the person who has so obtained it. But fassion was made as alleged. Now in con- Hong Kam Ning bad reported and that The End and the Beginning, by Coag

Facilton. face of on acquittal and that it might even such a procending. Caths can only be of two persons. botir solicitors of this did not wish to prosecute and advising Me The Modellag of the Olay, by M. Urgubart. ay be exercised in the the law as I have suld does not sanctionsidering this I am moved by ne considers-. there was evidence on which a criminalThe Stairway of Honour, by Mand Stepney

tion other than that of sacortaining which pros

prosecution might be brought and that he Rawson. bo declined in the face of a conviction. administered under the sanction of the law court, in speaking the truth. Mr Hastings Dixon in effect to slip away quietly had As It Happened, by Ashton Hilliers. The point really involved is I think the Further, atements on oath are public asserts that Mr Dixon made a definite con- without scandal. Str Hastings says that I claim to hats a charge of abia sort trist statements and they must be available to a Dires abeolutely denies it. vision confessed to having taken obey hat Envions Eliza, by E. Maria Albanesi. before a jury. As to this I have no doubt both parties. The effect of these proceed: Nothing is more difficult in such circam

The Veiled Lady, by Florence Warden. as the procedings for striking sings and the waight to be attached to

ume in email auins only, and asked to be given to this solicitor off the roll must in this oclory come man's evidence that the question was stances to decido such a question. Hunan mother chance. This Mr Dixon denies The Mantin of Lahmael, by J. 6.

St. Martins Summer, by Rafael Sabatini. before the court, neither the old English whether he had paid the 82) alleged to memory is so fallible as it longusable and says that he admitted having taken pro- The White Sistor, by E. Marion Crawford procedure by way of inquiry before the have been due from hin under the agreeman in reporting conversation to put tion. On March Slat Mr Hastings wrote to

common occurrence for an honourable sonts, but entirely denisdany mis-appropria- Noblesse Oblige, by, M. B Mastars nor the tex Eglish procedure of ment and mid to bare been made by him into the month of the person he has bace Mr. Dixon stating that he must leave the Our Adversary, by M. E. Braddon, enquiry before a committee of the Incorpe with Mr Dixon to pay 800 for costs. of rated Lap Society reported in either cass to which he had paid $30 on account. Now talking with words which he himself used. office, as it was impossible for the firm to Mr Opp, by Alies Hegan Rice.

If Mr Dizon had alleged that there was keep him any longer, and enclosing for The King and Isabel, by The Author of

Story of Thyrza, by Alice Brown." the court would be possible. The motion

mistake in Mr Hastings' version of what

signature an agreement cancelling the comes before the Court as normally consti- the question involved, when it was put tod: that there was a misunderstanding agreement for service. Receiving no reply The City of Beautiful Nonsense, by Et 18 speedy and durable, it has 2. UNIVERSAL KEYBOARD

*John Johna.'. 6 either on account of the complexitṛufj not be unnatural for him to say that we should perhaps have found more | Mr Hastings wrote a further hata ou the temple Thurston. tuted and therefore, if the courtshould think him with police accompaniment it would he said; the question involved os of the doubt he had put it. In due course por uns take up the position that Mr Hastings ante emont might be signed and returned One Never Knows by 0. Philipa

diffealty in arriving at the truth. But he 2nd of April requesting that the cancelation which the facts raised to call to its aid aception might dawn on him that, the jury, it would be within its power in doing real question he was being asked ab at the court, has wilfully perverted what he and Baraton wrote

has deliberately perjured himself before

Fault, by U. T. Podasora. On the far to him.

sunday Mesas Ewens

letter on behalf of Kingsteed, by Baroness Von Hatten. was bother he had made such a agree anid, has put into his mouth The question in of great motnent to

thing that MP both parties of the gravest momcut to ment and that he was not charged with not

Orery having taken and insisting And malevolence, to sak my learned brother to sit with me But even if he had not made such an

with the

Rose ulterior design conceived some time since gut undur. the agreement of service, The Road of No Return, by A. C. Inchbold. so that the hearing of the motion has beus agreement he would almost inevitably stick

of the Wilderness, by S. R. Crockett. and finally suggesting a meeting bo before the Full Court. We intimated to his original statement, induced by facts of getting rid of him, that it is all part tween Mr Harston and Mr Hastings. It Within Four Walls, by J. Bioundelle-

Barton. howurer, that if we should in this end which had inevitably clouded his clear order to rid himself of a managing clerk fabject of an

laid scheme devised in was proposed that the matter should be Underground, by John K. Leys. of a deeply find a jury necessary we should cause appreciation of the real question at iaste

Arbitration before the Wiston's House Party, by Thos. Cobb. une to be empanelled. We bare not found As the case stood niter his examination was to whom many material benefits were in Chief Justice and negotiations continued it necessary, for the question in issue concluded I could not have:

harge process of time soon to become due in order for some time, but eventually failing found the charge

one to economise the money that these benefice the present proceedings were brought.QUALIFIED ENGLISH CHEMYSTS proved to be simpler than at one proved. I howare put certain questions has pro time seemed likely. I desire in the first to him in order to see whether he did in would cost the firm. To this Mr Dixon will deal shortly with the specific charges has deliboratley pledged himself. To the which are before us. The first two are place to make two remarks of a general fact appreciate the issud. His 8285619 were naturo.

action which Messrs intelligent, appeared to be truthini and question pat by bir Potter what motive hubased on the evidence of Wong Hiu Tang,

attributed to Mr Hastings in making the Hastings and Hastings took was sit seemed to clear away the cloud; but putting statement relating to the confession that ho lent to Me Dixon at the latter's co-i Mrquest during the process of a suit which Mr gether unavoidable, was forced upon them the question to myself afterwards nam i by the nature of the information received quite confident that the cload which mush Dixon would have been entitled to my he Duua was conducting on behalf of the firm have been in his mind at first was abspoke to facts alone and was not obliged to $750 in various sums on four different The second is to "the affect lately cleared away? I cannot answer it search for motive but he deliberately and datos. sive practics to be suddenly informed that affirmatively with suck complete satisfac motives as I have abore specified them. Jay paid Mr Dizon 8500 for sosta to wered the question and attributed the that be on the 18th or 19th of

fall. I has been placed, who has been entrusted and hold that the charge is paved disbelieve the existence of

money Mr Dizon has re- with the conduct of heavy and impurtant perhaps cases, who has apparent y conducted them know that form of finding in England and which he has attribued to Mr John that Wong Bui Tung gave his evidence in

2nd Hastings, not because he is the senior with great success and to the presentisise- I am therefore compelled to and that the tion of the clients, has been guilty of appro charge has not been fally and satisfactorily fr Dixon only his managing cleric but to testify against Mir Dixon, whom he

partner of a lending firm of solicitors and manner. He expressed his regret, at pristing money paid by the cheats to him established on the evidence standing by on account of the firm. I shall be com- itself and apart from the alleged confcase because I would not believe this of suy man he regarded with feelings of gratitude, for pelled to criticise what they in fact did in to which I shall come presently I pass to inevitably to

in the absence of evidence

leading me the able manner in which, he had con-

DAY & NIGHT TELEPHONE: 492. this conclusion. one or two instancoe, but this critician the Wong case and hore, I find vury

The ducted his case. It was suggested that must be tempered by the recognition of sidamble difficulty is coming to a conclusion lent or other, merely because a wit is bad reasons for wishing to oblige court does not assume motive, walaro- the witness was not to be believed, as

SUICIDE OF A EUROPEAN. the very difficult and most painful position The question that troubles me is this: Is in which they were placed. So to Mr the case more substantial then ane man's his allegation by an oath. If the court for a remission of part of his bill of ness chooses to allege it or even pload Mr Hastings ionsmuch as he hoped

Found Dead at the Dizas, if he is innocent of the charges word against another? And there are two to find motive it must be the necessary costs and as theta was still a balance of brought against him as he alleges ha is, was abordinate matters also that trouble moinduction from evidence laid before it and about. 8300 due to him outstanding in the

Kwong Tang Restaurant. placed in a most distressing and painful posi I am far from wishing to attribute to Wong from reckiem unsubstantialed state hands of the firm. Now the witness was tion and I would willingly, ific were possible, Hui Tong any intention of wilfully de-

Soon after fire o'clock on Saturday find in this fact some palliation for some ceiving the court. But this point I cannot wents. The only trace of such evidence is man in a good position, the managing evening the inmates of the Kwong Tung things that he has done. He has been do- pretend to appreciate, how an action of what I think was the somewhat undue haste partner of an important all business Restaurant, otherwise known as the Shang- fended with real and devotion by his pro the most important character affecting the which Mr Hastings displayed in his letter in Canton and though the suggestion hai Hotel, were alarmed by the sound of a fessional advisers and if the fading of this very existence of a firm of high standing of the th of March suspending Mr must of course be given its proper revolver shot and on proceeding to

Dio and attributing delay to Mr Dixon weight" n Vaguo exportation of this oort oould have been stayed off by ad- in Cantes, involving enormous costs should and bis legal advisers in regard to the deed sort not of course alleged to be Ensed": Privata; room, from whence the sound GENERAL ELECTRIC CO TRANCISE WEBSTER,&-8018. Toosey and handling of his case it would have been financed entirely by une plate of arbitration which had been submited to on any promiss explicit or implicit an the that a German subject, whose mogu

came, they were horrified most legitimately. as hubinsself says, out of his personal re have now to make one further general sourcos: He produced a private book which them. I think in this he was in the wrong part Mr Hastings seems hardly afterwards acertained to be Otta Boga, remark as to the nature of these proceed we could admit as evidence bat apod. said at first with regard to Mr Hastings to come down from Canton and commit the through the head. He was wonted at

but it certainly comes well within what sufficient reason why he should be willing had committed suicide by shooting himself ¡ings, because my finding depends in great which he was rosa examined and he conduct, namely that it must be judged grossest and most cold-blooded perjury small table with his head resting measure upon it. The motion was made said this book showed all his by Mossrs. Hastings and Hastings monts to Mesars Hästings on account of not by ordinary standards but by against an innocent man. I mushsay that I The to-chambered volvo WAS CONSOLIDATED PNEUMATIO

honest endeavour to oneself in the because there is no representative coste. But some of these payments were cult position in which he stood. But statement that the Lans to bir Dixon were

extremely pazzied by Wong Hud. Tang's lying beside him. It contained four body representing the body of solicitors apparently made by an agent in Hongkong of other evidence to support this allegation not entered in the books of the firm but been and the case of one, which had | Pneumatic Tools and Air Compressors -

cartridges incorporated as in the Incorporated though in many cases they were brought there is absolutely none. Bir Hastings only in bis own memorandum book, and Law Society in England, he could by Mr Wong himself. Was this agent views as to what has been called Mr that, the payment of them fell not on all were immediately summoned and Sergeant Quotations for any description of Machinery or Engineering Plant

The police at West Point Police Station sams the duty of putting the matter before Wong's private agent or the agent of the Dixon's course of life" were candidly stated the partners but on three men only, Wilson took charge of the case. un oficially and the proceedings inevitably firms; but be him elf said that there were book the ultimate form of an aus between no entries in the books of the firm. Put by him, in the box. It was a lecitimate of whom he was one. This admission Th that early on Saturday morn Musice Raghisgir and a Dixon. But the tiny the sleeping partassa out of the what uphemistically termed the significance and I cannot help wishing Norddeutscher Lloyd, went

View and

not affected in the lesst by is one which might have considerable

oks who was a clerk in the dispute berewan them covers wide area, question there were other active corteora narrow find, but every detail which but that we had had a fuller explanation of it shop in Beaconsfeld Arcade and wanted to involves many sabordiasto issues, neas of Wong's oridence the firm does not bean specilled of the relationship, official However this is a matter of detal which I

nya before us. Even the image

which appear have been charged with any of

hiperabase a revolver but the Chinese

boy I apparantly before the court, whether the costs of this, howvy action 1 And and sodal; between Mr. Hastings and Mr may or may not have to go into later on, refused to sell him one Whatsupeor deceseed Mnr Hatings have proved the charge the whole thing exceedingly difficult, Dizon from the beginning down to tb Now the charges are of course very serious said that he had left a revolver at the shop of whether Mr Dizon but disproved the not to believe, but to tinderstand. But early part of this year pointed to the ones: borrowing money uniter the circum to be repaired. Several revolvars were charys, is not before us, procisly in this thers in this further dieulty. Everything opposite conclusion and thestar loking stances alleged with n-subsequent repay produced and he selected one which he foras, because I shall presently point that took place in Mosare Lastings office 1 find this malicious motive on the part of clark-in-appropriating money paid for owing, leaving his name with the bay and as the question et ene merely of evidence ment, is serious mis-conduct in a managing, said was him He paid $15 which was Ar some Important questions of unus between Mr Wong tul Tung and Mr Dixon Mr Hastings not substantiated in any 57 costs is ximply embezzlement there when it was afterwards found out that he :Would'scern i5- lovotved and were

www.through the medium of su interprater and therefo e unproved. In this indg say, cornsberation of Wong Hui Fune in at urged which. I do not think. Everything that Msaw dog saya took placement I have seemed perhaps, to subject evidenco The only other person, alleged and taken ★ roroiyar, bich did not belong

that

80,

the moment this man realiacs that this was

The

The

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srp really raised. The sole question is: might be perfectly true and yet never haver Basings action to criticism and to hare heen present at those anctions

was issued for the TIRALAY M Whethin the case of reprehensible con reached or been undertood by Mr Dixon to have left unteuaked Mr Dixon is be interpreter Hung Tom Ning who has dues brva ht before the art is satis Therd is only one piece of his evidence so have done this deliberately because that not been called The tops Lam Wing to the Kwong Tung Restaurant about

I understood that deceased went Baotoulland without doubt predved. I far as I can see which dirnotly dewrcistes seemed to material to the great Rang stated that he believed Hung to have clock in the afternoon, and occupied nor nomear the specific charge.// The Mr Dixon with the payment of the moneys question whether these charges were and merak which is said to Gulabi charge was at our suggestion pro whether for Joans or the 3600 for some quic and posse, 98, 96-100m more left the Colony Gagton On Mac, em Bimself in writing Letter Wingh Trail JOHN & ROBERT HARVEY & CO., LIMITED, parly withdmwn. It was si bost one man's which it is alleged was, omlazzled. Me than anxious that every point which could kong who have reasons of their own for not will probably explain his reasons for com word again another, and I must confoss Wong says he used the money into Me be argued in favour of Mir Dixon boulding to appear before court, and I miting suids It upposed that des

should not have liked such a chargeproe Dixon's hands. But it is with regard to have All posible weight attached to it anppose that Hung who. Che had appeared odd was in financial end on the evidence available. With regard this case that what I said at the beginning But that must not be taken to imply that would have been salad if and why he misda to the Wan Hi charge I am bound to of this judgment is so important. The aritia,se, carabject to what I have already i qucation in not whether if the case bed, approve of all Me Dixon's action statements to Mr. Hasting, which he mid the Kolve taken in caution with been between Mower Hastings and rodemant of Yurned brother to wis true or unique that and arthipated of them which are referred to in the forwards denied to Mr Dixon, and if it thi sana In the first place I do not ap. Dizon which would be entitled to a verdict more of the polio baig made a of in line whether the case against of Discos i be very deserving of criticism. I have not with Mr. Dizon is bling the mosty write makcock Tepoline are publisis had been presented dispassionately by forgotten that fact and here and poured of the den had saaloul moldalon keep

and should not be and nor should public offatal, has been proved. It la not to give its legitimate weight, but ring out of the way.

Dizon, has shaped his } public t baking, toda sa a case se to who ought to baru girddwond

A GOOD BUMMER REMEDI SAAT

>T. this season diserboes and dysentery

are always prevalent Chamberlain' Tonica Opolara and Diarrhoes Bamedy la è medicine obrainable for trouble of

Harveys

GO. LTD