CO129-106 - Acting Governor Mercer - 1865 [8-9] — Page 338

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

money and

which was to make over to him property amounting to thirty thousand dollars to meet the liabilities which might result from the suit of temptuer. Kingsmill after my absence, actually proceded

with both suits!

But M

The Appeal.

branglet to issue and was agreint me.

Care was

of course decided

As for the case of Kemptuer Aganist me Mr. Kinginuill seems to have made a show of defence, but judgement was issued, then he had it set aside, then judgment iwas signed in default of plea again set aside, then demured to and soon.

my return from Curope November 1863 I was but partially informed how matters stood, as will be seen from his letters to me

4th November (C)

on the

of 4

on the following day I replied protecting against his proceeding in either suit contrary to

any

wishes and in defiance of my the letter of the 4th November it will be observed that be encloud

: defiance of my orders. In

my

Case

334

of Kemptuer against me

signed in the However I carried out.

my original intention "The advice I procured in London convinced me that the hour of redress had excaped and that I had been shamefully victimized

case in

procuded to Yokohama in Fehmary 1864 paid Hempturer and supposed the matter at "an end, Kemptuen positively denied that he had ever authorised or sanctioned any proceeding in this

Hongkong. The affair chumbured until last July when ME Kingsmill summoned me in the hummary Court for his record hill of corto in the Appeal case, and in his first hill of Costs in Kearpher

already stated on the 20th of that mouth. I made my defence in writing. It was as under: Defence

clain.

" at

account current

of the rents of my property and although by the hills of Costs, the

it

may

be seen

unauthorized proceedings

in both suits had

then ended yet he did not debit me with his costs.

After all this be intimated

through a friend, the Bishop of Victoria, that if I proceeded with Kemptners case I must win ; and this after the appeal. had been decided and,

d Judgment had been.

Care

Ligned

The Cimits came ou

an

I bought a barys of hauchantinge

Yokohama from a Mr. Hemfetuer. They evere

"on their

way

"me to arrive

to London and were

I

haught by

I paid the Invoice Imamitin " the sum of $7.500 or thereabout. From information I subsequently received I came to the conclusion " that Remptner had concealed certain facts me, which rendered the sale null and

" from

"roid.

I refused delivery of the

"London and Remptuer's friends & cargo in.

These

pay the "freight and

charges. came to $8.000. " I qued Kemptner in the British Consular fount " at Yokohama for the recovery of the line I " had paid lum, and he sued me for the freight

DEX

and

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