CO129-106 - Acting Governor Mercer - 1865 [8-9] — Page 337

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

333

Cannot fail to be observed that both actions

rested on the identical isme,

namely, namely, on my allegation that Kemptuer had practured Concealment in the bargain.

my

Came on

I gave

Ruit

first and was besit kemptner

notice

me.

aganist of appeal to the supreme Court of Hongkong and the Consul to curtail litigation caused.

the

caused me to deposit security for amount of Kemptuer's claim against me

arranged should abide the

which it was

event of the Appeal.

this

In December 1862 I proceeded from Yokohama to Hongkong to look after matter. I had previously employed M. Kingsmill

Jas the Agent for my property and as wrote.

to ne

are interview

advicer. Ere the appeal came to issue, he wrote

saying that, in the course

of which he had occasion to have with the Chief Justice relative to the precessary documents, this Etonot had given an opinion adverse to

I was dissatisfied with M.

Me.

thingsmill and I resolved to let the Appeal drop entirely. I was impelled to this decision by the feeling that Mr. Kingsmills representations

be depended a

I fancied that I might yet obtain redress by proceeding Europe and there procuring able and honest

I concluded that if I allowed

were not to

advice.

and

to

the appeal to drop it would take the Respondents

carry it through by default.

Fabso

some time to carry it. Kniew that Kemptuer could not more in the list against

because it had been made dependent aganist me,

On the wave of the Appeal.

No sooner, however did I come to the résolution of lating no further

mer

steps in the Appeal, then I was threatened, with an action at the suit of Kemptner. have no doubt that Me thingsmill mustaking the effect produced by the Chief Justices

opinion betrayed me to the other side and promoted Remptuers suit against o Fray with much regret, but still with a strong coniection, that having in ninew all that has suice occurred, this unfavorable conclusion must be pronanneed inevitable and not unncharitable

I requested M. King am

amill

to let me have his Bill of Costs of the Appeal case as I had made up bad.

mund to throw

No mone.

to frighten

Good money after

arre

Se attempted

- regarding Hemptners eint lent found me resolute. I was agamist me, Served with a paper which was meant to represent a wait for Kemptuer's claim, but which law was in every way informal and merely essied out of the Lawyers Office whose name

was attached to it; and it is in the hand

writing of Mr Henry Caldwell who now Conducts cases and represents Mr Owen . M =

attempts to frighten Kingsmills attempts to renewed lust entirely failed or becoming

intention to proceed to

acquainted with

my

Mu were

lengland, be prepared certain documento copies Affined A) for my sispnativre

the whit

DEX

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