CO129-106 - Acting Governor Mercer - 1865 [8-9] — Page 339

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

Court

et me

and landing charges. I lost my case and I " appealed it to the tanghong Supreme. " The Consul stopped Kemptner's suit against thecause it rected on the evidence of frand which ""I adduced, just "my suit against him) until my appeal should The Consul made my Aggent

"lee decided

This hill.

just in the

Ranch Mourner aud

appeal case

did

" enter into bonds for my appearance to Hemptus "euit, as well as give Recurity for the payment of it.

In this appeal.

I employed M. "Kingsmill. I lost the appeal and I paid him I paid Hemptner the full amount " of his claime and so settled the matter. Whilst "the appeal was

pending I was served with a writ at the Rest of Kemptner by Mr Deven the amount clanned being $10,000. What this was for I never knuevos.

Kemptucis clann

the

aganich

instituted the action.

in the

It was not for -auict me, fuit, because amount was different; second, because Hempatuces claim stood puspended Consular Court, and, thirdly, because Rumptuer "when I paid linn, denied he had ever

Had he done so, he "certainly would have been made responibile " for the Costs. I took no notice of the writ. It "" was not endorsed and I considered it beneath notice. It is for alleged proceedings " this writ that Mr. Kurgemill now kies me. "I never authorised proceedings.

I never

arr

" retained him, and, I submit, that a Barrister

Cannot que

for his fees. "

I submitted

ces endence a

large file of papers, and, had there been

Gammed

335

examined the ments of the case would have heen exced yone

into - but they suere rejected.

on the dictume

and the decision based entirely that " it could not be possible that a

"Cutteman of M. Kingsmill's standing world.

"conduct a case without instructions

Kemptner's lawyer might have been called into Court and the Records of the Regjistron examined, but Mr. Kingsmillo

enough.

lls word was decured

Leaving the affixed documents

a

corroborative or otherwise

to speak for themselves of the above recital. pray excuse me,

LX.

e for

few of the salient points. When

of property

indicating I determined to let the Appeal drop and proceed to Ceurope, I had about $72.000 morte

mincumbered within the juridiction of the Hongkong beurt. to any judgment against, Foreign Attachment.

on litigation

Rum. ?

This property

was amenable

me under a Writ of

Would any.

man in his

senses leave such an amount of property dependent which only involved one tenth of the Lurely this fact tends to Corroborate my statement that I considued the cases auspended untel my return.

I attempted,

in

conducting the cases to go through the Correspondence which had taken place between, myself and Mr. Kingsmill, but I was so much interrupted and so repeatedly deured to get into the witness box that I had not the opportunity of dissecting the Correspondence I intended

the manner

I exhibited my full file of papers

and I respectfully submit that Mr Whyte shouts have rifted all the Warrantabile evidence to the leottom, and not have selected to believe one munis

DEX

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