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"the freight"
I sued Kemptuer in the British Consular Court at Yokohama for the recovery of the sum. I had paid him and he sued me for freight and landing charges. I lost the case and I appealed it to the Supreme Court.
The Consul stopped Kemptuer's suit against me (because on the evidence of fraud which I adduced just in the same manner as did my suit against him) until my appeal should be decided.
The Consul made my Agent enter into bonds for my appearance to Kemptner's suit as well as security for the payment of it.
In this appeal case, I employed Mr. Kingsmill. He pleaded the appeal and I paid him his Bill. I paid Kemptuer the full amount of his claim and so settled the matter.
While the appeal was pending, I was served with a writ at the suit of Kemptuer by Mr. Owen, the amount claimed being $10,000. I never knew what this was for, first, because it was different; second, because Kemptuer's claim upon me, the amount was suspended in the Consular Court; and, thirdly, because Kemptuer, when I paid him, denied that he had ever instituted the action. Had he done so, he would certainly have been made responsible for the costs.
I took no notice of the writ. It was not endorsed and I considered it beneath me.
It is for alleged proceedings on this writ that Mr. Kingsmill now sues me. I never retained him. I never authorised proceedings; and, I submit that a Barrister cannot sue for his fees.
I submitted as evidence a large file of papers, and had these been examined, the merits of the case would have been gone into, but they were rejected and the decision based entirely on the supposition that it could not be possible that a humble man of Mr. Kingsmill's standing would conduct a case without instructions.
Kemptuer's lawyer might have been called into court, and the Records of the Registrar examined, but Mr. Kingsmill's word was deemed enough.
Leaving the affidavits and documents speak for themselves as corroborative or otherwise of the above recital, pray excuse me for indicating a few of the salient points.
When I determined to let the appeal drop and proceed to Europe, I had about $78,000 worth of property unencumbered sitting within the jurisdiction of the Hongkong Court. This property was amenable to any judgement against me by a writ of foreign Attachment. Would any man in his senses leave such an amount of property dependent on litigation which only involved a tenth of the sum? Surely this fact tends to corroborate my statement that I considered the case suspended until 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 urged to get into the witness box that I had not the opportunity of dissecting the correspondence in the manner I intended.
I exhibited my full file of papers and I respectfully submit that Mr. Whyte should have sifted all the warrantable evidence to the bottom and not have selected to believe one man's oath and disbelieve another man's.
Page 90
Page 91
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"the freight
"
maay
I sued Kemptuer in the Brish Concular " baut aut Yokohama for the recovery of the "dum. I had paid him and he sued me for and landing charges. I lost case and I appealed it to the Houghing Lupreme
The Consul stopped. "Kemptuers kuit against me (because it
on the evidence of frand which I in the fame manner as did "my suit aganist him) intel my appeal
"rested
Court.
"adduced just
" should be decided
The Conseil made my
"Agunt enter into bonds for my apperance "to Remptners suit as well as
"the payment of it.
7
1
security for
:
In this appeal.
Case
"I employed M. Hingamill. Plast the appeal and I paid hive his Bill. I paid "Kemptuer the full amount of his claim
" and so settled the matter".
"While the appeal was pending I
" was served with a writ at the suit of " Kemptuer by Mr Owen, the amount claimed beeing $10.000 · For I never knew.
2
What this was
was not
крал,
· first, because different, second because
Kemptuers claim upon me, the amount was
" Hemptuers claim stood suspended in the
Consular
88
"Comentar Court, and, thirdly, because Kemptorer
when I paid him denied that he had ever instituted the action. Had he done po be certainly
would have been made responsible " for the costs.
I took no notice of the writ.
was not endorsed and I considered it beneath.
It is for alleged procudings
Motive.
" on this writ that Mr. Kingsmill now pues never retained him. I never
" me.
و
"authored proccedings; and, I submit that " a Barrister cannot eue for his fees.
مركم
I submitted as evidence a
lange file of papers, and had these been examined. the merits of the case would have been gone into, but they were rejected and the division based entirely
on the supposition that it could " not be possible that a humblemaw of M= " Kingsmill's standing would conduct a case " Without instructions
"
Kemptours lawyer might have been called into bauit, and the Records of the Registrar examined, but M thingsmill's word was deemned enough
to
Leaving the affixed documents
speak for themselves as corroborative or otherwise of the above recital, pray excuse me
for indicating a few of the palcint paints.
When)
Page 90Page 91
४४
When I determined to let the appeal drop and proceed to Ceurope I had about $78.000 worth of property unincumbered sitting the jurisdiction of the Exongkong Court. This property was amenable to any judgement against Hunder
me
a writ of foreign Attachment. Wouldany man in his sences leave such an Amount of property dependent on litigation which only involved tt & tenth of the sun ? Surely
return.
Dire
this fact tends to corroborate my
my statement, theat I considered. the cases puspended until my
I attempted in conducting the cases to go through the Correspondence. which had taken place lecturer myself and M. Kingsmill but I
lent I was so much interrupted and so repeatedly deured to get into the rintuers box that I had not the opportunity of dissecting the correspondence
correspondence in the manner I intended
I exhibited my feell file of papers and I respectfully submit that "M=" Whyte should have shifted all the warrantable evidence to the bottom and not have selected to believe one man's bath and disbelieve
another man's.
rain, it was set.
Again,
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