1909-06-16 — Page 3

SERIOUS ALLEGATIONS AGAINST

A SOLICITOR.

The Full Court (consisting of Sir Francis. Piggott, Chief Justice and Mr. Justice Gompertz, Paisne Judge) wore occupied the whole day yesterday hearing an application call- ing upon C. F. Dixon, a solicitor of the Supremus Court, to show cause why he should not be removed and struck off the roll of solicitors.

Mr. E. Potter, instructed by Mr. C. D. Wilkinson (of Messrs. Wilkinson and Grist, made the application, and Mr. H. G. Calthrop, instructed by Mr. J. Scott Harston (of Mowers. Ewons and Herston) represented Mr. Dixon.

Mr. Fetter, in opening, said that this was an application on behalf of Mr. John Hastings, solicitor, practising in Hongkong, senior partner in the firm of Messrs. Hastings and Hastings, that Mr. Clive Fletchor Dixon should be struck off the roll of solicitors practising before this Hounurable Court, on the ground that he had been guilty of gross misconduct in his capacity

as a solicitor.

The Paismo Judge-Gross misconduct? Mr. Potter-Yes, my Lord. Before dealing with the charges.

them up to your Lordships, They show that the affidavit making the charge mast sot out the definite charges with particulars, Whom this motion was filed the affidavits filed in support ought to have set out those charges with material proofs at the time. Now other chargos aro brought against the defendant.

The Chief Justice-You must make the most of the point you eat. We will note the objection.

The Puisno Judge-We are not going to allow you to bo prejudiced in any way by the sharge being brought later. If you want sin aljournment you can have it.

The Chief Justice- I am bound to say that I think the charges ought to be doinitely forma Inted before coming to Court.

which the

Did you take any note of this interview with Mr. Dixon I write to my brother about it. *Did you keep a copy of that letter ?--I did.

It sets forth what you say took place ?--It gives an account.

It gives a mammary Yos.

The letter was putin and read. Although you did not specify any particular case of embezzlement you say he admitted it.-

Yes.

Did you ask him to give instances?--I did not. The cross-examination of Mr. John Hastings was continned after the tifin adjournment.":

THERE IS - SKILL AND

THOROUGHNESS.

OF CONSTRUCTION

IN ALL

PIANOS

WE

IMPORT

STAMPING THEM IN EVERY WAY

|SUPERIOR VALUE

.

You did not think it advisable to call a third BUILT THROUGHOUT THIS CLIMATE. Mr. Dixon?-The matter was between him and

Mr. Calthrop-Might I suggest that the matter, and this was duly credited as being a pay said,-I am giving his exact words,-"I admit dealing with receipts, and spoke to interviews person in to be present at your interview with

I

16.

THE HONGKONG DAILY PRESS, WEDNESDAY, JUNE 16r¤, 1909.

It would be advisable to have an independent inter for instances, thist ons in which Mr. Dixon said person to corroborate the statement? It would brought him to the 26th March this year, invented them with a marvellóns particularity when Mr. Johu Hastings had au view with Mr. Dixon on this matter. At the tint he could not go home to his father who have been advisable. I would have been glad it time he bad this inverview. Mr. Hastings wa had already two sons in the office. Mr. Hasta third person had been present.

If you had been advising a client in these not aware of the charges that would be made by ings did not know that Mr. Dixon had two Wong Hiu Tang, the gentleman from Cantou. brothers, so that those conversations are ofther circumstanous wouldn't you tell him to be sure At the interview mentioned Mr. Hastings said trae or are inventions. He would ask their and have a third party present at the inter- to Mr. Dixon that it had been reported to him Lordships, after hearing the evidence of viow P-I don't think an

At the interview with Mr. Dixon you told by Hung Kam Ning, the late interpreter of witnesses and hearing the defendant's explan- Mesars. Hastings and Hastings, that Mr.ntion as to those charges, to say that the charges him you had caused independent inquiries to be Dixon had been in the habit of receiving were true and that however painful it might be mado. I presume you meant the inquiries by monies from cliente for costs, of paying to their Lordships, they would have to decide Mr. Hanson? - Yes and my own, I meant in- portion to the office and of kooping portion what punishment was sufficient in a case of this quiries independent of my Chiness staff. for himself. This was done noually in Polica kind.

Mr. John Hastings, senior partner in the Court cases, or in cases in client paid the money direct in casli. Mr. firm of Hastings and Hastings, was then called. Hastings also said he had made independent He said Mr. Dixon joined their firm in 1909 an Mr. PottarI shall bow to any suggestions of inquiries, and that he had obtained evidence an assistant solibitor. On April 5th, 1907 they Mr. Dizon replied, and the speaker was giving whereby he was to continue in their employmsat your Lordship and like that point immediately, which satisfied him that the charges were true. entered into another agreement with Mr. Dixon I do not want to do anything that might be con-- strued into unfairness. Proceeding, Mr. Pottar his exact words, "It is not true." Mr. Dixon for another five years at the end of which term ho was to be offered a partnership. He was a very said the next charge was that on January 8th then left the room, and he had not been gone of this year one, Wan, Hi, engaged Messrs. for more than a minute when Mr. Hastings valuable man and the firm had no desire to get Hastings and Hastings to act on behalf of a cailed him back and said in effoot, "I have rid of him. On the contrary, they expected that friend of his in a Police Court case, and Wan sufficient evidence to prosecute you, but I have he would be of great service to the firm when no wish to do so, and I want you to go away, witness took his departure from the colony. Hi agreed to pay $50 for costs. He rst paid 830 to Mr. Dixon, who was instructed in the for I cannot keep yon in my office. Mr. Dixon Witness detailed the procedure in the office for ment on account. On the 13th or 14th January having takou money from the office, hat they which he had with his present interpreter and a Wan Hi paid to Mr. Dixon the remaining 820. were only small aragants and there were not former interpreter, in consequence of which Mr. conversations he applied to Detective Insp. This was never credited by Mr. Dixon, and was many occasions on which I did it." nover received by the firm of Messrs. Hasting, Hastings said in substance it was not a que Hanson to make certain inquiries in the case of and Hastings. The next charge was that in tion of the amount, it was a matter of principle Wong Hee, Wilness mentioned how he January Mr. Dixon was engaged by one, Gulah, Mr. Dixon was in a position of trust and came into contact with Wong Hui Tang, in a case, and on 27th January Gulah paid to responsibility, and that he could not keep him in which was in connection with the action takon the defendant on account of Messrs. Hastings his employment after this. Mr. Hastings fur- by the Kwong Hung Cheong firm gainet and Hastingy costs the sum of $40. Only $30 ther stated that he attributed the whole affair Better, Brooksimaan sad Company. Mr. Wong of this amount was credited. These were the to Mr. Dixon's keeking bad company, and Hai Tang came to see witness about the costs.

Although he was charged with this offence. charges Counsel now wished to revert back and to living with a European woman who had As to Gulab, witness ascertained the facts for

you did not think of suspending him until April tall their Lordships how Mr. Dixon came to run him into greater expense than he could himself. On the 26th March he had an inter- join the firm of Messrs. Hastings. Mr Dixon afford. Ho further stated that Mr. Dixon view with Mr. Dixon, to whom he stated that 30th-Immediately after this letter was written, oame out to this Colony in October of 1904, and had promised to give up this mode of life, it had been reported to him that Mr. Dizon had Mr. Harston suggested that this matter should Mr. Fotter-As your Lordship plenses. The joined the firm of Messrs. Hastings and Has but that he had not done so. Mr. Dixon been in the habit of receiving money for costa be referred to arbitration. We said we were charges are three in number. A witaess named tings as assistant solicitor. He showed con- said, and these were his exact words, "I from clients and paying a portion to the office willing to submit it. An agreement was pre- Wong Hin Tang will prove that on July 23rd, siderable ability in the conduct of cases with might have taken thousands if I had wanted and keeping a portion to himself. Witnesspared for arbitration, and negotiations for that 1908, he paid the sum of 8500 to Mr. Dixon for which he was entrusted, and as far as Mr. Has to Mr. Hastings then had a further con.added that he was informed this had been done agreement went on for many weeks, That is costs, that that sum was never credited to the tings could see he was a capable and trustworthy versation with Mr. Dizon, in which he mug. generally in Police Court cases or cases in which the reason why no steps were taken while Brm of Messrs. Hastings and Hastings, and

man. And to show their Lordships that Mr.gested that the latter should go away to Japan, Mr. Dixon had received money in cash from negotiations were pending. that, in fact, they never received that sum.Dixon's merit was fully recognised by the firm ostensibly on a holiday, and that he should not clients. He told defendant that he had riade Mr. Wong Hu Tang will also prove→→→

of Messrs. Hastings and Hastings, and that they return; in the alternative, he suggested that independent inquiries on the matter and had looked upon him as a valuable man, he would Mr. Dixon should go to some other place where obtained evidence which satisfied him that the call the Court's attention to an agreement made he sonid practise. Mr. Dixon saswered, and information given was true. Mr. Diron said on the 15th day of April 1907 between the firm these were again his exact words," I have now it was not so, and left the room and almost of Messrs. Hastings and Hastings and Mr. here to go; I cannot go back home as my immediately witness called him back and Dixon. By that agreement the said firm. father has already got two sons in the business." told him he had evidence in hir possession on which he could prosecute him, but he did not engaged to keep Mr. Dixon for an additional Mr. Dixon also begged Mr. Hastings to recon- period of five years from 1937 as managing sider the matter, and to let him stay on, as what wish to do so. He would like him to go away clerk, and at the end of that time they promised had occurred would be a lesson to him. That as it was impossible he could keep him in the concluded the first interview. Then on March office, Mr. Dixon then admitted having taken that they would give him a partnership.

31st Mr. Hasting wrote a letter to Mr. Dixon money from the office, but the amounts were The Prisne Judge-That is in the agreement,

from which the following extracts are taken small and the occassions were not many, Witness is it ?-

Referring to our interview of the 26th instaat, said the amount was not the question, it was

charges should be specißcally formulated. understand there are three charges of ensbelo ment, and they are not set out in the motion.

Mr. Potter-After a few further words I come to them.

Mr. Calthrop-I want to know which one Mesir, Hastings and Hastings are relying on

Mr. Fotter-They are relying on the three Before going into them I would just like to very shortly sketch Mr. Diren's connection with the

firm of Messrs. Hasting and Hastings,

The Chief Justice-I think we ought to know

the know the charges first:

Mr. Calthrop-Mr. Dizon is fighting for his professional existence. We want the phurges

forumlated.

Mr. Potter-They will be formulated. I want to help you in every way I can. Another charge is that during the continuance of an action Mr. Dixon borrowed various sum of money from Wong Hin Tung amounting in all to 3750 The Chief Justice-Was that man a client of

the firm's?

Mr. Pottter-He was a client of Mesará. Hastings and Heating, and Mr. Dixon had the conduct of his sotion. The name of the action is

Did you make any answer to this letter of of Ewons and Harston P-I instructed Mr.

Wilkinson, may solicitor, ta es Mr. Haraton sad to explain the facts to him fally immediately I received that letter.

You see by that letter that Mr. Dixon was

quite willing you should bring a criminal charge The letter speaks for itself.

I put it to yon that while these negotiations ending you wrote the latter of April 30th ? I stated that no proceedings were taken while negotiations were pending.

This is the letter you wrote: "The situation is becoming too strained. We have had sovaral complaints during the last few days both from out clerka and from olients with regard to your conduct of business and towards clients, are convinced that our business and re tauffering damage in consequence, Wo have therefore determined to suspend you, from offos, and we accordingly do so from this date until the matter is investigated by the Chief that letter you say that Mr. Dixon's conduct to clients made your business suller. Can you give the names of any clients who complained anything he had done P... I can.

Kwong Hing Cheung against Router, Brookal. their Lordships would readily see that Mr. Dixon during which you admitted to me that you had matter of principle. He was in a pozi: Justice and a decision given."" With regard to

Mr. Pottar said it was, and remarked that

was a man whom Mr. Hastings could have had no desire to get rid of. And the Court would mom readily recognise that fact when Counsel fold their Lordships that it was 'r. John Has ting' intention to leave this Colony st the end

mann und Co. At the conclusion of that action there was sum of $10,800 odd due to Mr. Wong Hin Tang's fine from the defendants as costs, and Mr. Dixon suggested that if he handed over this amount in full to Mr. Wong, that he, Mr. Wong, should give Mr. Dizon $1,000 for of this year, at any rate for sometime, and that come to no conclusion but that you must leave He could not go home because his father had heard Mr. Dizon speaking very roughly indeed

his own use.

he hoped, and that in fact he relied upon Mr Dixon to at any rate partly stop into his posi- tion, and to be of every assistance to the firm

taken office monies on various occasions, though you said the amounts were small, I have con- sidered the matter very carefully, being mort anxious to do what is right both as regards yourself, and as regards. this firm, and I can this office. You are in a position of great trust and responsibility, and it is impossible that or can be continued in anch position unless which, of course, cannot be the case after what has occurred. The agreement between as must be canceled. I do not mind you

tion of trust and witness said he could not see how it was possible to keep him in the office. Witness anggested he should and practise somewhere else, go away to which he replied that he had no place to go.

two sons in the business. Witness did not know that Mr. Dizon had two brothers. He suggested other places to which he could go, and attributed with a European woman which would run hira into more expense than he could afford. Mr. Dixon saidit did not, and witness added that his

Who wore these clienta I myself

to a Chinese client, and the client subsequently

out of Mr. Dizon's hands becsues Mr. Dixon came to my room and asked me to take the case

Mr. Calthrop-This point has never been raised before, and there is no evidence of it. Mr Wong-Hiu Tong made an affidavit, and of Messrs. Hastings and Hastings when the this firm has complete confidance in you, what had happened to the fact that he was living had spoken so rudely and roughly to him, and to the only charge he put in it was the embezzle-senier partner had left the Colony. Their Lord ment of $500. If he is going to make another ships would see, from what he had said, that air. Dixon was a valuable man to the firm. Counsel charge he should make a farther affidavit

attend to the after myself, which I did ̈

What was the name of that client P-Lai Hung Sheung. I think that is the Chinese

The Paisae Judge-What is the procedure proceeded to tell the Court of the precedare staying on a month or two to give you time to brother had spoken to Mr. Dixon on the subject name. He i junk owner, and lives at In the Bolicitorn Act of 1888 before the Com. in the office of Messrs. Hastings and Hustines make your plans, and to see what you can do. and the latter promised then to give up that | ShankiwAN,"

mittee of the Law Society P

Mr. Calthrop-The regulations, I think, were passed in May 1998, and they appear in the last number of the Law Times. They set out that an affidavit should contain specifically

the charges.

The Chief Justice-The procedure, to my mind, should follow as nearly as possible the procedure adopted in dismissing civil servants before the Executive Council. I don't think it is necessary to include everything in the

with regard to mouey received and basines done. It was a rule, a rigid rule, but it might

have been broken at times that when money was paid to any person in the office a receipt should be given to the client for that amount and an entry should be made by the solicitor who received the money in the rough cash book. The solicitor should also make entries in hix diary of every transaction. And when an entry of money received was munde in the rough cash book, the money was handed over to

I should be glad to know particulars of the amount you have taken from office monies, and mode of life, Mr. Dixon begged to be givou

to have the same refunded." Counsel submitted

that it could hardly be said that was the letter of a vindictive man. He wanted to cover Mr Dixon as much as passible, and to give him a chance of making more money before he went, At any rate, Mr. Hastings did not want to do anything harsh. No reply to that letter was received, and on April 2nd Mr. Hastings wrote anking Mr. Dixon to return the agreement

another chance and said that what had occurred

would be lesson to him. He said also that he could have taken thousands if he had wished. He begged witness to reconsider the matter and write to his brother. Witness replied that he had already written to his brother. He was

certain Mr. Dixon made those admissións. On

Did any other client complain 8-No. ⠀⠀⠀ Your letter said you had had several com

that is plurai. So there was only one client f plaints both from your clerks and from clients, One client.

Why did you write clients?-Two men came to complain.

Two clients -A olient and a man who was

with him.

Did they complain direct to you -They did You know that Mr. Dixon wrote you a letter

affidavit. but. I think the charges should be the cashier, who paid it into the bank. signed. On the same day a reply was received from Mess. Ewens and Haraton, and on receipt in answer to yours of the 30th?--I do

definitely formulated,

Mr. Potter-There is no suggestion here at „all that in a proceeding before a committee of the Law Socisty that all these charges should be specifically set out in the affidavit. In fact, one of the rates says that it is only in 'a case

The reason why a solicitor should be abont patries in his scrupulously exact diary was that these entries would after wards go to make up the bill of costs to be sent to the client. That brought him to Febriary 2nd of this year, the day on which Mr. John

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Twe Geye Contracted Ringworm at * Same Time-One was Treated Professionally to No Avall-Other Perfectly Cured by Cuticure, MARKED CONTRAST IN

FAVOUR OF CUTICURA

**As the end of July our boy wan gaging with a little friend and a few dups. Abar it was noticed that they heik had risgworm. Knowing the

· value of the Outlours Remedios wa hought a caken of Cuticurs Soap and Box of Cotieurs Olatzzeni and started wing than without dalay, The ring- worm grow largestion his face until it Bán Dora and the dung

www and on the 14th of September 23 ak to school again with the Alfafectly clear and free from blem- iha quito esposted hits to he From school at least six months. Ele doge Cuticura Pili a day, after dine M. 15 184 Barvelously simple treat- went besides being so clean and free from any objectionable appearance," sa for instance the other ailid was taken : lea doctor who prescribed painting. with iodine, which gave the "child; s. vary unsightly appearance, besides doing so good. We cannot speak to Mably of Cuticura. E. 7. Oldam, 86, Birkenhead, Raginad,

Bapt. 23, 1908

Cuticura

Preserves Purlies Beautifies

For preserving purifying and

*** beautifying the

shin, soul, hair and hands, for eccemas, rashes, itchings and chatings and for the prevention of the same, su well as for the sanative, antiseptic cleansing of slocated, in famed mucous surfaces and other uses which readily suggest them- selves to women, Cuticura Boap and March 3ist he wrote a letter to Mr. Dixon and not having received a reply he wrote another on April 2nd. To the latter he received a reply

Cutlours Ointment are indispensable.

Orteurs Remodies are sold whemver the Bettiah (Mr. Dixon's letter stated, My conduct of

Spots: London, 27, Charterboom 645: from Messrs. Ewane and Harston, stating that

he called Mr. Dixon into his room, and asked

C44 Kue de la Paiz: & witalia, A. Towns &C. K. Paul Calcutta; Bo Africa. Lan- they had been consulted by Mr. Dixon: re

***Frost-free (sm Luacion depot, Iural saad lative to Mr. Hastings letter of the 31st himWhat do you mean by admitting this business and manner towards clients during the to deny it." Mr. Dixon said "I must always been, I do not admit that you were

54-15 March. Mr. Dixon had instructed them to thing to me and instructing a firm of solicitors last few days has been the same as it has Witness justified in suspending me, and reserve my full deny the charges advanced against him, and further to irform Mr. Hastings that in view of deny it or go under altogether."

replied-Why should you go ander altogeth-legal right."] his statement to Mr. Dizon at the interview on

After he denied the allegation regarding his April 26th, and yet you complained on April the 26th that Hung Kara Ning admitted that er Hongkong in not the only place in the world,

to fight we must fight." point out to him who had complained-It was There was no delay on our part. If you wish the charges were true, and that Mr. Dixon was and you can make your living anywhere. conduct and manner towards cleats, did you 30th of delay. Hare you say explanation

You charge Mr. Harston or Mr. Dixon with dont want to fight, will not necessary for me to point out anything to delay The delay was after April 30th. He said "I

bim. I knew who had complained. implicated, that Mr. Harston had seen Hung

How long were you preparing that draft so for from Mr, Dixon being a good and faithful admitted the truth of the charges, but you consent to my practising here as a solicitor?

Do you suggest that that was your reason The Chief Justice We don't say they should servant to the firm, and so far from being antrenmonsly denied them. In view of the Witness replied Certainly not." He said. be set out on affidavit, but the chargex must be absolutely trustworthy person, he had on the charges brought, the latter continued, Mae 1.

“I will undertake not to take away your clients for suspending Mr. Dixon-One of my reasons, agreement?-The delay was caused by the could not go on with the arbitration until his formulated. Affidavits were only required to occasions mentions taken these sums of money Ewens and Harston could well understand / from you or some words to that effect. Witness There is another given in the letter if you read absence of Wan Hi in the country, and we

which were paid by clients to the firm, and had

that the relations between the plaintiff and the aid-Cartainly not,"

where a solicitor does not appear, and the com.

mittee decide to go on in his absence, that they shall insist on all the charges being set out on affidavit. There is no suggestion that every specifle charge be set out.

get the rule sisi. Now we come to the trial we must have defalte charges.

Mr. Potter-We have a definite charge. I

am formulating it now.

The Chief Justice-You were mentioning charge which does not appear on the afldavits, and of course Br. Clathrop takes the point that

he wants it formulated. --

Hastings had a conversation with his present juterpreter, and with an interpreter who had ately been in his employment. As a result of these conversations Mr. Hastings discovered that

and was inforced by him that he had never

it.

What other reason That the situation wEK becoming too strained. I could not have the man in my office. I was content to have him for a short time if the matter was disposed of quickly. But he or his solicitor were causing him any longer. If the arbitration had taken

it was finished. But it was delayed until I got

You say the delay was due to Mr. Harston ---!

auch delays over the matter that I did not want

there was due to Mr. Wong's firm a sum of this evidence of Wong Hin Tung were of a very ings exact worls. "What do you mean by obtained evidence through Mr. Hansen with perfectly sick of it. Dixon Auggested that if he paid over that independent, person and an independent witnessfrm of solicitors and instructing them to deny ono present but Mr. Diron and himself at the To Mr. Harston or his client, I don't know

amoant in full to Mr. Wong's firm, Mr. Wong should give him $1,000 for himself.

return.

-

Did you say you wrote that letter in cpuse- quenes of delay caused by my clients?--I have said nothing of the kind:

You charge us with delay. You said you were tired of the delsy, and therefore wrote that latter. Now, when did we delay ?--After Apri

Is it true, then, that the reason of the delay was because you had not your witnesses 3 hat was why the agreement was not sent to them more promptly in the first instance

When the money was paid to Wong Hiu which. I only know they delayed the matterTang about the middle of April didn't see him with Mr. Dixon-may all they possibly could.

have seen him.

Did you mako a note your diary-I may have done.

you

Had you any wish to fight Mr. Dizon, in this also borrowed monies and made the requeste defendant were somewhat strained, but possibly, Ne. You had no motive to attempt to mentioned. While on this point he wished to if Mr. Haraton could meet Mr. Hastings to ruin him or get rid of him? None whatever.

say that all this evidence Ead bear obtained discuss the matter, some satisfactory at

He was a most useful man in my office, absolutely independently of any employee rangement might be arrived at In the | of the firm of Mewara. Hastings and Hastings meantime it

Cross-examined-When his interpreter spoke WILS to be understood that Only in only one case did Mr. Hastings invoke Mr. Dizon chained his rights were valid to him on the first occasion he did not specify outside-aid, and in that case me of the inspector, and substantial. On the day he received that any particular item. He said that he got his Mr. Potter-I am forraulating it. This of the Hongkong Police brought him in tonehotter Mr. Hastings had another interview with information, with the exception of one case from Place quickly I was prepared to keep bins until 30th. charge is that when this action had been finished with Wau Hi. The cbarges to be supported by Mr. Dizon, and Counsel would quote Mr. Hast. Hun Kan Ning. Witness told counsel that he

$10,800, oosts from the defendante, and that Mr. serious character, and Mr. Wong was an admitting this thing to me, and then going to a regard to a certain other case. There was 10

who resided in Canton and was the managing?" Me. Dixon replied, "I must deny it, or I interview. partner of a wealthy and influential firm of shall go under altogether." Mr. Hastings told Why didn't you take the precaution to have silk merchants. Apparently there was no him that there was no necessity to go under a third party present at the interview at which reason why he should have any motive to altogether, as there were other places in the you were going to charge him with enbozzle." come to the Court and swear that which world besides Hongkong. Mr. Dixon then ment?—I didn't think it necessary, WIS fake in order to ruin Mr. Dixon.asked Mr. Hasting if he would lat him practice You make a serious accusation against a M. Dixon had just conducted for him, and Hongkong, but that Mr. Hastings absolutely young man which will rain him although you condiated most successfully, an important action refused to do. That ended the second and last had seven weeks to consider the matter, and yet so that, rather than owe Mr. Dixon a grudge interview. He did not know what the defence he owed him a debt of gratitude. And yet he would be. He did not know how the de- | didn't think it necessary, was prepared to depose to the fasts placed before fendant would be able to get over the their Lordships. Wan Hi was the manager of dithealty created by his own language at.

those interviews, but he gathered that a frait store in Hongkong, while Gulab was 211 ex-Gemidar of the Hongkong Police. Their the defence would be a total denial that he Lordships would see that there was no possibility ever used those irards which meant that Mr. of any collusion between these witnesses That Hastings kad invaated those conversations and

The Puisne Judge As to the second charge you have formulated about various suis being borrowed, are those suas alleged to be repaid or not f

that they have ever been repaid.

Mr. Potter-The defendant has not alleged

Mr. Calthrop He denies that be ever borrow- ed them. I have got a reference to the intest

rales.

Mr. Potter-Is this the Luie Times news- paper you are-quoting P

The Chief Justice-He is not quoting it for decided cases, but for published rules.

Mr. Calthrop Here are the rules set out. If my learned friend does not trust me I will hand

The Chief Justice-You don't mean to make a charge of deliberate delay against a solicitor ? Witness-No. I only know there was delay, but I have no idea whose fault it was.

Mr. Calthrop-Yon say it was not your fault -I do.

Mr.

Now I will read you a letter written by you did not call in an independent witness - Wilkinson only four days previously. On pril 26th Mr. Wilkinson, on your behalf, wrote to Mr. Harston-I send you herewith for cou- sideration and opproval of yourself, Gedge and Dixon, draft agreement to refer to arbitration." That is to say, Mr. Wilkinson, acting on your behalf, did not send the draft agreement until

Isn't it usual when a person is charged with being guilty of ombouzlement that the person should make a statement ?--I suppose sometimes they make statements and sometimes they don't. There is no "qual" airat it.

The accounts were made up by Mr. Dizon.

Did you at that time produce the accounts?—

Mr. Calthrop said he wished to ask whether Messrs. Hastings and Hastings had led time to

him particulars of the third charge. Procura

The Chief Justico-Let that stand over until to-morrow morning.

The Chief Justice later remarked that he did not think that the charge with regard to the $1,000 should be goue on with. It was voRY vague indeed.

Ar. Potter agreed, and the charge was struck out:

The further hearing was adjourned until today.