· that letter was also read to the Court, as were 'many others, all of which ware put in' na Ex-, Bibits. Under cross-examination, Mr. Hastings reltarnied that be found defendant in very use fel man. In 1907 he left for me in April, and
· the agreement with the defondant was entered Into just before that. --- The first agreement with the defendant was for four years and when the | second one was entered into defendant had only completed two and three-quarter yours under the first one." Witdosa: wanted to keep Mr. Dixon, but the latter wasted terms. The Mcond Freement was made by witness bro ther Mr. Geo. Hastings-and not by witness. Under that agreement defendant was to get $335 a month for the first year and $350 for the last three years with commission and net profits- one per copt. for the first year, two per cent, for the second year and so forth. The question of Idare, salary when away, and passage money
(single passage only) were also mentioned. Witness first saw Wong Hui Tong this year- not last year. The Revier, Brockelmanu. action took place while witness' was -home-There was "a-large sum of money paid to Wong: Hai Tong by witness' firm for costs. Witness may have send Wong -with Mr. Dixos then. The accounts warn made up by Mr. Dixen. The account was paid to Wong about the middle of April. There was a complaint made at the time by Wong about the costs and Clown costs.. When the complaint was made Wong, Tam, defendant and witness wore prescat. Ao arrangement had been made to charga Wong Stoo for making out the accounts. Wongy in his complaint regarding the costs, siid that he had paid the sum of $500 to Mr. Dixon which bad not been accounted for. Wit | ners questioned him about it, but did not take down a note at the time about the complaint, He did not consider it necessary to make a note, † At the next interview with Wöng, witness ask- ed him if he would give evidence about the money he had given to Mr. Dixon. Wong was unwilling, and stated that he did not want to hava anything to do with the matter. Wong also complained of the costs being too high and wanted them reduced. Wilpers said' he would go through them and see.
The cross-examination was still going on when our reporter left the Court.
SHARP CROSS-EXAMINATION. - CHIEF JUSTICE DOUBTFUL AS TO, POWER or
NOTARIES PUBLIC.
16th inst.
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CE, THE HONGKONG TELEGRAPH SATURDAY JUNE 19 1900.
Who do you mean by "he"The solicitor. Did you get a receipt -No. He said it was
Cross-axámined by Mr. Potter witness.
In your letter to Mr. Dixon did wau not man. The witness reiterated at AXLEY: 3 ́all right if ko`got the fall amounts rald.) and the proceedings were followód"vory, alten»"},but Mr. Hastings insisted that leakould/com.s"
Did you suggest that this matter should go an entry regarding one of Mr. Dixon's attend. to arbitration?—Yes. But the other side ald not consunti
Mestre already referred to,
ancer at the Police: Court in one of the cases
that Mr. Dixon had attended the Court and had failed to enter two visita, VervENOVA
But would not this entry convey to your mind that he had attended the Court and
no further entry was required No.
tion the ward embezzlement? Misappro priation of monies wore the words used;
Witsens went on to say that he would not venture to give an opinion as to whether st employee should be discharged for keeping a woman. It was a question of law. It did not come to his knowledge, during his stay in the of a man, under contract, being dis; charged for hearing a woman.
Mr. Caltrop-Do you say that Mr. Dixon asked you to allow him to practice?-1 did.
And you refused Ver.
Do you suggest that there was any attempt at concealment on the part of Mr. Dixon in that case No. I said that two antries were not entered.
May solicitors not inadvertently forget to make the entry 7-Yes. They may forget it.
Mrr Justice Gompertz-That entry in the Why did you refuse?—I had a right to refuse.dlary you refer to, was it in Mr. Dixon's band Were you afraid of competition with him if writing? No. Hr. Dixon, apparently, made so you allowed him to practise -There was a entry int clause in his agreement forbidding sim to at all in this case. (The case lo question
abortion]. practise; and I bid a right to refuza.
Who by 7-The cashier.
Only if he refused a partnership? -No. I put it to you that under the clause of the agreement you could only refuse Mr. Dixon a practice if be refused a partnership --Daring the term of the agreement-five years-which has a bearing in the matter, s
1
If that agreement came to, as end and Do partnership had been entered into, wouldn't Mr. Dixon be allowed to practise on his own? -I ̧don't think so.
Was it not in fear of compétition ?—I kad a right to refuse to allow him to practise.
Were you afraid of competition from other people?
"
Mr. Potter objected, saying that his friend was simply "fishing.".
Mr. Calthrop-I am entitled to ask the question,
The Chief Justice over-ruled the objection: Mr. Hastings I am not afraid of com pe'ition."
The Chief Justice thought you would. Mr. Justice Gompertz-What you mean is that you wanted to stand on your legal rights?
-Witness—Yes.
Mr. Calthrop-Did your some time ago send a letter round to all the firms of solicitors about managing clerks ? —You.
*
That they should not be allowed at the
But isn't that bona fide ?-The entry was not made by Mr. Dixos.
Are you not content to receive what you-gel sometimes in a case?-If there is a lump sum there is an agreement.
I! n solicitor had arranged for $50 to attend the Police Court, and he was only there for a minute and the case was remanded might it not be reasonable to accept $307-If it was arranged for.
This brought forth from Mr. Calthrop the following retort:"You have had your pound of flesh, Mr. Bastings, but sometimes you take lass"
When there is an agreed sum for costs in case, cannot Mr. Dixon receive a less sum ?- Yes.
The Chief Justice-Has he a right to do so? Witness-Yes,
༔་
Mr. Calthrop-Do you say Mr. Dixon has carte blanche in the reduction of costs?
The Chief Justice-The witness has said so, And he is entitled to take lest ?--Yer.
· At this interview with Mr, Dixon on the
26th did you say that the interpreter, Hang, had admitted having done these things with Mr. Dixon - told him I had got the informa. tion,
Didn't you say that Hung had made a "clean
words,
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There was again à large number of spectatore Mr Hastings said: “Is that so?" I said pat present when the Judges (Sir Francis: Piggott haps you had amitted an item and shat I wa and 'ME" Justice. Gomperts) took their seats not get a recalpt. I wanted to drop the mating ho followed Mr. Dixon out of the office, and tetively. The attendance to-day, pestraps, exceed. sa a witness. I am a buslares man and don't torbed to his shop. When he Grat saw Mr. od that of any other day since the trial bagan.: want to give evidence. I am very thankful to Dixon, Tam acted as interpreter, Witoons did The day's proceedings opened at 10:45 o'clock Mr. Dixon for the way he conducted my CEM, visit to the Police Court if the case was con not speak English, $50 was arranged for one by the calling of Woog Hul Tong to the staud. which he wou. Lam fodood very thankful to He said that he resided at Canton" and "was him for the case, and I don't want to giver cluded. A second visit would of silk firm. In April, 1007 bit firm brought at
another managing partner of the Kwang Hing Cheung evidence against him.
// Between the 18th May and 4th Juan did say, Calthrop-as the case finished in one action against Messrs. Router, Brockelmann and one come and sen you about the declaration 2-f
Company, Mesars, Hastings and Hastings were Noppel Witness-A remand was obtained the first his solicitors, and Mr. Dixon was instructed day, but the case concluded af the next hearing,
in the case..,1 When you paid the $39 to Mr. Dixon did you see Mr. Dixon make an entry in a book?
I did.
325.
day?.
·
What sort of á þook was, it ?—I don't know, The shroff made the entry.
You and the abroff made the entry ?—The solicitor made the entry, and the money wAL handed to the shroff
"Did Tam tell you that receipt was not neces: sary -Yes.
Tam told you that ?—Yes.
Did you go up to the Police Court with Mr. Dixon on this occasion?-On the first occasion I did, but at no other time.
Who told you when the case was coming on #gain-Tam.
Did you pay a subsequent $29 ?—I did. And you don't remember the day?-Ai 4 pm, on the 4th January..
Didn't you say you didn't remember whether it was the 13th or 141b7-If it wasn't the 13th then it must be the 14th.
Were you sent for to pay the costs or did you go yourself ?—I wont myself.
Dida's Tam send for you ?—No. Didn't you give Tam your address ?—No. Then who told you, that the case finished? Because the defendant in the Police Court case came to my shop.
Was
When you went to Meters. Bastings the
room?-i saw Tam first.
second time did go straight into Mr. Dixon's
Tam,
2. 14
To whom did you hand the money?To But did you not say that you gave it to the
Tam in the presence of Mr. Dizon,
Did you make a declaration?—Yes, I came to the Supreme Court.
the Colony Veer agreements to practise in breast" of it?--I don't remember using those solicitor?What I said was that I gave it to
-Yes.:
Did you propose-it-i—Yes, I did.
.
Then, you were anxious to prevent any com- petition by managing clerks -We all, except ope, agreed to it.
Who was that one ?-M. Denays.
Are you aware that Mr. Harston objected to it ?-Mr Harston replied that it depended on the circumstances,
Are you taking these proceedings in the interest of the profession ?—Yes, and in my own interest.
There was again a goodly number of specta- tom present in the Suprema Court, this morning, when the case was resumed in which
Now, why are you taking these proceedings Mr. Clive Fletcher Dixon, a solicitor, late of the-Because I do not consider Mr. Dixon a pro- firm of Messrs. Hastings and Hastings, is being per person to remain on the Rolls. called upon to show cause why his name should not be struck off the Rolls for alleged misconduct. The, attendance in Court to-day consisted mostly of Ruropeaus and s'fow 'Chi
Then why, if it were in the interest of the pro- nsie, who followed the case with great interest, fession, should you suggest that he go elsewhere When their Lordships took their seats short-nnd practice?-As long as be-left-the-Colony ly after ball-past ten o'clock, Mr. Juha Hastings, did not care where he practised, went into the witness stand in be cross-ex amined by Mr. Calthrop, who is retained by
the defence.
In cross-examination, Mr. Hastings said that he made an entry in his diary when he later viewed the man Wong Hui Tong.
Mr. Calthrop-Have you your diary bore? Witness-No.
I thought I asked for your diary yesterday? -You. It is in my office.
I would like to see your diary and Mr. Dixon's diary also,—Very well.
Have you your bank-book counterfoil for the payment to Mr. Wong of the $10,000?—No, But I have the receipt.
Why were you so anxious that Mr. Dixon should go away?-Because I did not think he was a desirable person to keep in the Colony.
The witness, however, did'not mind keeping defendant on for one or two months in order to straighten out his affairs. After what defen- dant admitted to witness in March witness sent bim the cancellation agreement, thinking that having admitted his fault he was prepared to cancel bis agrosment, and go.
la your letter to your brother you sald, "I shall see that he does not practise--bare ?"—–—– Yes.
You did take good care? The answer was not audible.
Did you do this for your own interest - have said that I took this step in my own in. Hulterest and in the interest of the legal profession.
The receipt was produced, and at the request"| of Mr. Calthrop the bill of costs was handed in.
Mr. Calthrop-When you saw Wong Tong in April did he say anything about $500 he was alleged to have given Mr. Dixoni
Witness-No.
The Chief Justice-Then what is the date of ́thli alleged payment?
Mr. Potter-33rd July. Mr. Justice Gomperiz-in ordinary course who received the payments?
Witness-The solicitor in charge of the case. In the diary is Mr. Dizon's hand-writing.
The Chief Justice-Have you any, rule as to chequer being made out in the name of the firm?
Witness-Yes. All cheques paid to the firm are made out in the name of the firm,
Mr. Justice Gomperz-And Chinese pay „ments?—They pay in cash, ****
Mr. Calthrop-When Mr. Wong complained dld be complain to you about the $500 he was alleged to have paid to Mr. Dixon?
Witness-No.
On the 16th March you said you had all these proofs against Mr. Dixon ?-i had.
And that he was, not a desirable person i-
Yes.
Then why on that day did you make out a joint power of attorney with defendant for $65,000 worth of scrip?-On or about the 26th March & man named Captain Le Peake came into my office with Mr. Dixon and said that he wanted to give Mr. Dixon a power of attorney for the sale of certain shares. I know nothing of the matter, but I said that if a power of attorney was to be made out my name should be mentioned in the matter.
Did you trust Mr. Dixon, then?—No, I did not.
What were the shares?—The shares wore pot saleable in the market here. The shares were of the Messageries Cantonaise Steamship Coni- pany.
Do you know anything about those shares?
What did he complain to you about?-About- do not. the high costs.
What did be want 7—A detailed account i believed he said something also about $500,not being credited to him.
Did he say anything to you about it No,
bo did not.
Who was the Interpretar présent ?—Tara or my cashier,
At your interview of the 26th March did you not refer to the fact that Mr. Dixon was living with a European woman ?—Yes.
When did you first hear of it -When I was at home in 1908,
Then how do you know that those shares were not saleable in the Colony I know the market of Hongkong and I have never seen any of those shares on the lists.
Did_you_tell Mr. Dixon that Hung_had_ads mitted receiving part of the money?—Yes,
Did you give him any particulars?—Not at the tinte.
Did you call Mr. Dixon ia at the interview with the object of getting a confession from hlm?-No.
Why did you call him in?~To put the mat ?ter to him."
Did you call. him in without any object of getting a confession from him?-1 called him
in to put the matter to him.
You put the matter to him; Mr. Dixon leaves- the room; you called him back, and said that. you had enough evidence in prosecute him. why did you call him back?-To say those words.
To get a statement out of Mr. Dizon ?—No. important statement did not know he was Did you think be won-going to make some
going to make any statement.
Warthe declaration interpreted to you? Yes. Did you understand it?--Yes,
And if everything in that declaration true?
Yes,
The witness went on to say, that when he paid the remaining $20 he gave it to Tam, who handed it over to Mr. Dixon.
Mr. Calibrop-Isn't that statement different to what you swore in the declaration? There was no answer to the query.
Further questioning resulted in the witness returning to his former statement-that he handed the money to Mr. Dixon.
After the 13th of 14th January, when did you next-go-to-Mesura. Hastings and Hastingo office-Never.
When did you next see Tam?On the day I made the declaration.
The Chief Justice-On the 26th May-1 think so.
-When-you are charging a patson with em brzzlement is it not likely that he would make Mr. Calibrop-Did Tam go to your shop anma important statement?—He may or be.No. The Chief Detective Inspector #oot a may not,
constable to call me.
Are you sure you did not call Mr. Dizon in for the interview with the object of taking a capfaision from him?-I called him in to put the matter to him.--
Is it true 'you said to him: "Well, Dixon, [have you determined to fight me?"—I do not deny it. The words were similar to those The words I used ware: "If you wish to fight me, bigbt me."
Did you ever use the word ruin" to Wr. Dixon in the course of the interview on the 2nd Aprilt-I can't be quite certain, I certainly Dever said, I would ruin him. The word "tain was never used in the interview.
Did you tell him you would not allow him to practise here?—Yes.
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After the Police Court trial didn't 'Tam go to your shop?—No, po
Didn't Tam Best speak to you about giving
'evidence in this case?-No.
The Chief Justice-Were you in charge of the suit for your firm?--Yer,
During the continuance of the action large sums of money wars, paid to Mr. Dixon for costs, he said. The witness paid-sama-of the costs himself and söme by friends.
Mr. Pastar-Did you make entries of the payments in any books ?—Yes,
Wore these entries made on, or about the time you made the payments ?--Yes; about the time.
<
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". Have you that book with you ?—Yes. Now, do you remember being here on "ayrd July, 1908 ?—I do,
Did you go to the firm of Messri. Hastioga and Hastings on that day?—Yes,.,
Whom did you see?—Mr. Dixon.
Did you make any payment in respect of *costs on that day ?—Yes.
To whom did you make that payment Dixon.
Mr.
How much did you pay him?-$500. Why did you pay him $çon on that day The previous occasion I was there I was told to bring $500 the next time.
Who was present at that interview when you paid the $500 Mr. Hung. He was the only Opt
Who interpreted between you and Mr. Dixon-Mr. Hung
The money was in notes,
Who banded the $500 to Mr. Dixo¤ ?—I did,
The witndis said that when Mr. Dixon got
the money he asked him for a receipt, but the solicitor replied that "some other day will do." Here witness produced his book with the entry of the money he paid to Mr. Dixon, and Mr. Potter asked that it be put in]
The Chief Justice—As what? Mr. Potter-As evidence.
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Had you 'received during the interval any letter about this matter? - Yaa, ons. Y
From whom?-From a friend, surnamed Log Mr. Potter-What's, his Christian, mamand (Laughter). His second pambun Baga ozgn Mr. Calihrop-What's his: second name?im), His name is Lo Lai Chuen; an interpreter inï the employ of Messrs. Descon, Looker, and Deacon. The letter asked me to return to Hongkong.
How long have you known Lo Lai Chuan- Many years.
Did he say what you were to come to Hong, kong for? No. He simply asked me lo roinen. When you came here did you go with Lo to: Messrs Hastings and Hastings?--Yok ̧à
די.
Directly you returned?yes, the same day,
aid Proceeding, witasss that at the inter- : view with Mr. John Hastings, hu asked, through- Lo, Mr. Hastings whether he could reduce the costs as they were very heavy. There was no particular item in the bill of costs be wanted reduced. Mr. Hastings sald bö would see about the matter. After thất bé returned to Canton' the same date, coming back here on the 3rd June.
Mr.
What made.you come back?-Becaus Hastings wanted me to make a declaration.
How did you know that ?---¡' was informed by latter.
From whom?-From Mr. Hastings, office, From whom in the office ?—Mr. Tam. When you got here what did you do 7--Next day I went to Mr. Hastings' office alone.
There he saw Tam. He also saw Mr. Hastings. At that interview the instructions for his declaration were taken. On the next
day he swore the declaration in the Supreme Court. At the interview something was man-'. tioned about the costs in the Kauter, Bricket- meon's case, Irwartha question of reducing: the bill of costs. He had not been paid say: low-thing with regard to these costs since 15th
April.
Could you put it in under English think so. I can put it in as an account book. kapt by a firm,
It is not a banker's book will not press the point.
Mr. Justice Gomperte➡I think it doubtful. Mr. Potter-I will not press the point. And the matter dropped. Continuing, the witness said that the payment of $500 to Mr. Dixon was not credited to him. He had during the coplinuance of the action made loans to Mr., Dixon.
Mr. Calthrop bere questioned the witness at some length as to the dates on which the pay. ments were made to Mears, Hastings and Hastings for costs in the action. The receipts were produced by the witness to refresh hii memory, which, he said, was not good. There was some confusion here. In the wit nest's book was the entry that he had paid the $1,500 on the 6th day of the eighth moon, while, on the receipt given by Messrs, Hartings, the moon. It was afterwards-explained that the- date was given as the 6th day of the fourth
date appearing lo witness's account book wall written in Chinese "shorthand," a' running, Did you on that date come to Messrs.hand, and the character could be mistaken for Hastings and Hastings?—Yes;
a four or an sight.
load of several hundred dollars, and I lent him. When did you make the first loan?-On 27th January, 1908,
How did that occur?—He asked me for a
Where, on the 27th January, did you make the loan?A1 Hastings and Hastings office. I paid $500 costs and $100 banides, as a loan,
The Chial Justice-To Mr. Dixon?-No; yes, Which ?—Yes.
Mr. Potter-What was the next dats that": you made a loan to Mr. Dixon?-On the 5th May, 1908
Whore?-At his office. I handed it per sonally to him.
How much?-$150.
Was there any other payment made on that day?-$350 costs.
Were you frightened when the police came
should be afraid? I paid all the money. and took you away from your store?Why You kaew what you were going with the police for? I knew.
Because Tam had told you?-No. Who had told you about it before hand?-Dixon ?—Yes, The Chief Inspector.
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When had you seen inspector Hanson?--- Between February and March.
Did you make any other loans to Mr.
When?-On the 23rd June, 1908. How much ?--$200,
Any other payment on that day?—Yes; How was it you came to see the Chief In- $1,500 casta, #pector?—The Chlef Inspector, found the de-
Did
The Court adjourned for tiffa.
The witness, Wang Hui Tong, returned to the witness-bax when the case resumed. He admitted that he paid Mr. Dixan $500 on 23rd July. He came to Hongkong that day.
Do you know as a matter of fact that you, had an interview with Mr. Dixon on the hand July?--No.
Not to discuss the question of a new trial?—. I remember speaking to him about that but 1 can't say when.
Did you say that if he did not go away you fendant in the Police Court case, and through y. you give Mr. Dixon any further loan ? last November, by Mr. Dixon, there was a do-- ̈
would ruin him ?-No.
Now, did you ever mention the word-"-ruin*·| on the 2nd April7-1 am not quite certain.
into your burless if you allowed him to re- Did you say tha! Mr. Dixon would "cut main in the Colony-may have said that.
Did Dol Mr. Dixon say to you that be would not do you any barn,?-I believe he did.
Did he not say he would not interfere with his clients 7-Yos
And did you not say that such an undertak ing was not feasible?-1 did.
Did you not say that your word would be taken ngalast bis ?—No.
The Court adjourned for tifin,
When the Court resumed after the tiffio in- terval, Mr. Hastings returned to the witness box, and in answer to a question denied that he had reduced his staff, or the expenses of bis staff. Mr. Price, his shortband writer, had left him, his salary at the time being Size a month, A new shartband man had been engaged at a salary of $100 a month.
When witness spoke to his interpreter re garding the question of the alleged embezzle- ment he naked for instances. The interpreter gave him no assistance whatever. The inter- preter, Hungas aut in witness's employ ment then. Although this was the foundation of his charge witness did not keep a note of the interviews in his diary. Witness had no communication with Hung. The other Inter→ reasons
him 1 was found.
-Who|was present at the interview?—Sergeant lu Pa, the head Chinese detective,, Mr. John Hastings and another solicitor,
How did you know Mr. Hastings? The Chief Inspector said so,
Did Mr. Hastings ask you questions?-The Chief Inspector questlosed me and Mr.. Hastings wrote down the answers and I'signed the papers.
J
LEGALITY OF EXAMINATIONS, À The Chief Justice-As a matter of curiosity I would like to know what authority Mr. Hastings had of taking this declaration.
Mr. Wilkinson-Notaries public are entitled to take affidavits and declarations.
ence?-It need not be used.
It seems to me an easy way of getting evld
I have doubts as to the right of taking it biok I can satisfy your Lordship that I am right. It is in the Ordinance.
Mr. Justice Gompertz-Was Inspector Han- son sword in?-No. When this declaration wes taken we had no intention of using it as evidence, in going up there and making this declaration? Did you ask for any money for your trouble
salaries of all the clerks and interpreters la. Mr. Calthrop then went at length into the witness employ. Counsel's idea in raising that point was to show that there were certain
- No. retrenchments going on in Mr. Hastings' office
Did you hear of it from your brother ?-Yas. preter, Tam, and Hung were in constant com required. * WAY Mr. Dixon's services were not
By letter 7-Yes.
On what date ?-The 19th June. -Where-At-bis-officer
How much ?-$20.
Any other payment made on the same. day? $3.500 costs
Did you in April of this year come to see Messrs. Hastings and 'Hastings?—Yes.
You remember the date?-At the beginning of April,
What did you do at Messrs. Hastings and Hastings' office on that day ) -Not having ro asked for it. ceived my money in the action 1 want and
Did you get any account 7-Yes,
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The Reuter, Brockelmann case, want to the Foll Court, and after that there was the ques tion of an appeal to the Privy Council In respect to that affair Mr. Dixon naked. for further cosis-the 51,030 he paid him in. January. He did think, after already paying: $4,000 out of Court, that further payments were necessary. In the interim account sent him
ficiency of over $2,000. There was an omission to credit that sum to his account-the spoil he had paid for costs. Witness complained to Mr. Dixon, but "they" did not giva hím a satin, factory explanation. He was told that it would be looked into. Although he was dissatisfied with the accounts he paid an extra $2,000 for the costs of the appeal. He did this because he was informed that the whole affair would be settled. by and by. The accounts, were subsequently: rectified.
Before they were rectified you paid another sam of $2,000?—YOK.
How do you mean they were rectified? Do you mean you were properly credited?--Yas,
Whom did you soa?—Mr. Dixon" was there, He never complained to Mr. Hastings of the What did you say to him?—I asked him to deficiency of $1,000 as the accounts were soon- pay mo the money due and to give the account afterwards rectified, except the $500 which was
Did you get an account?—No.
not credited to him. The witness then explained What occurted at the interview?- pressed how he discovered the deficiency. Mr. Dizon, ks him.
said, entered to his account a sum of $8,000 in For what?-
pressed him for a detalled | stead of $10,000, When he asked for the balapce,”.... account. He had given me a general account, Mr. Dixon, he said, told him that the 53,000:
'A detailed account of what ?—In the action. was in one or other of the banks; he did not only Mr. Dixon, who wanted to pay me $10,800 first applied to witness for a lont in January Did you see anyone else on that day?-No, know which, but he would inquire. Mr. Dixon
detailed account. odd which I refused to accapt until I got the Inst. He wanted $200. There were 3O ST. rangementsjmade as to interest. He paid Mr." What is the next thing that occurred?-1 Dixon the manny with two notes of $100, Did anyone promise you any money?-No. left. On that day Mr. Tam acted as interpreter. Did the police bave any trouble in floding
On what date was the general account hand munication. They were friends, but what com- That concluded the cross-examination.
you!-No. What trouble would they have ined to you?-At the beginning of April, and Did you make any complaint to Me. Dixonmunication they had between them. on the Mr. Hastings was then re-examined by Mr. Binding me? If I had done anything wrong they returned it. On the 15th April I went to sea about this woman did not. I wrote to my matter was not with witness's authority. Potter. He said that Mr. Dixon had always would have trouble in finding me. (Laughter) Mr. Hastings, and he paid me $10,000. brother-
said he had a balance in the bank-something told you not to go away, for you might be Did the police watch you closely after.they like $4,000. Defendant was at one time appled in this case?-Yes; so closely that they pointed trustee for an estate in bankruptcy had their meals in my shop. (Laughter), Witness descovered that there was $1,100 balance of the account due to the firm's client's Do your Lordship think this disgraceful to account, and defendant was requested to pay
watch a business man in this way?· that suur over to the firm, which he did by you have been put to?--I don't know,
Do you expect to be paid for all the trouble drawing a cheque.
What are your wages ?—$30 a month.
am a business man, I live in the New Did'nt the police think you would mua away? Teritory and pay taxes, why should I run away? your friend, will he pay you back ?-He has The Chief Justice-The costs you paid for slready paid me back,
Why then did Tam make this affidavit?
I am not asking you about your, brother-iWhen he made the declaration, he said that he am allowed to explain.
had paid $500 over to Mr. Dixon, which he had Mr. Potter-The witness was asked if he
received from Wosg Hai Tong Hung agreed heard it from bis brother.
that it was correct that the money was paid to
* Mr. Hastings-1, personally, did not 'com- plain, but I objected.
Mr. Calthrop-I'm not asking what your brother did. I'm asking you. You said you objected?
Witness—I did strongly,
You are the head of the firm?—I am. Then being the head of the firm why did you Bot communicate direct to Mr. Dizon wrote to my brother to tell him (Mr. Dixon) that if he did not give up this mode of life we would have to re-consider the arrangement.
What-arrangements?: You were not here, You were at home and your brother was in charge. So what arrangements were there? --Nope.
And when you came back your brother left
a few days later ?--Yas.
And did you speak to Mr. Dixon about it?
No.
Why not?-Because I thought he had given the woman up.
Did you take the trouble to find out if that was trud 7--No.
Did your brother tell you that Mr. Dixon had given the woman upi-i think my brother mid that Mr. Dixon had or bad promised to give the womaʊ up,
Did you take the trouble to find out?--I have sirendy said I did not int
Did you evar anggest that this kind of con- dact on his part would (and to put an end to the agreement?-Suggest to whom? **Mr. Dixon--No. I never spoke to Mr. Dixon on the matter until later, **:
* Have you ever contended that such conduct would put an end to the agreement? What do you mean by contended?.. *Tojput, forward. Yes. It was put forward, and it was one of the grounds mentioned in the letter for his discharge,
Mr. Dixen..
But you said that Tam never went to see Hung on your behalf? Yes; only once.
I brought that back to your memory by re- farring to the declaration? Yes.
Why did you write the letter of 31st March to Mr.Dizon?Mr. Dixon asked me to re-consider the maiter, and affer re-considering the matter
wrote him my decision.
In the letter you do not say that Mr. Tixon asked you to consider the matter?-1 do not.
At the interview on 26th March, didn't you tell Mr. Dixon that be must go?—I told him that it was impossible for us to keep him in our office after what had occurred.
Mr. Potter-Before you entered into the second agreement with Mr. Dixon did you know he was living with a European woman?
Witness-1 did not,
When did you first hear of his way of living? -When I heard from my brother..
Would you think it would be good for your firm or any other firm of solicitors for a partner to be living with a European woman?--I think it would be prejudicial to the firm's interest for a partner therein to be living sed co-habiting with a European women, I think it brings a bad class of business to the Did you tell the Court that before?—No.
The wituoss, who had been in the stand for Why not? Don't you think that was of im. I nearly ten hours, was then excused. pórtance?-No.
At that interview did you say "I would think over the matter?"—Yes.
Why Mr. Dizon asked me to reconsider the matter, and I did most carefully..
you say you would undertake--I Did made no podertaking.
firm.
The next witness was Wan Hi, a fruit dealer, doing business ander the name of Kwong Hing Lung. In January last a friend of the witness was charged in the Police Court, and he engaged Meairs. Resting and Hastings in Do you suggest that Mr. Dixon did not keep the matter. Witness went to the office his diary properly?--He did not enter into his and saw Mr. Dixon, who requested the pay. diary two of his attendances at the Police Court,ment of $50, to take up the case-530 to be Ife attended Court twice in that case, but did paid in advance. not enfar in this diary anything of the maltor. At zato the judges, left the Court for a low minutes, and on their retura, Mr. Calibrop asked what was the object of making entries in the diary,
The witness replied that it was necessary to make out his bill of costa. -
In a Police Court case where there is a cer
tain sum paid, and there is no bill of costs to be made out, is it necessary to maka say entry in the diary No NA
Mr. Calibrop, having obtaleed Mr. Dizon's diary, pointed out in the whjasse that there was
Mr. Potter Did you pay the $307. Witocas-You, I did........ Don'
Did you ask for a receipt 7-Yes, but be said it was NOT DECOSERRY,
Who said that?—This solicitor (pointing to Mr. Dixon).
Did you the pay remaining $107—1 did."- personally handed it over to Mr. Dixes.. |----
- was present? --The Interpreter, Tami
When did you pay it-le hill come. He took the money, epcoad a drawer, put the cathy in, closed the drawer, and want out.
each. Witness did not get a receipt; becauseĮ be was very pleased and thankful to : Mr Dixon for what he had done for witness. He, however, obtained a receipt for the $500 which he handed to Mr. Dizon, but he did not: of Mr. George Hastings. The request for La loads were made through an interpreter. When know that the signature on the receipt was that:
one of the leans was made witness paid $3,500 to Mr. Dixon for costs. He did not pay that am to ¡Mr. Georga. Hastings: Between: gth, May...n to Juss. Mr. Dixon, had borrowed $350-front witness. Witdain was not suspicious when ha was approached for the loans why should be What did you find when your compared the be? He never applied for re-payment. If account with your books?—That thʊ: $500 | | had a great admiration for Mr. Dixon, and, ys which I paid on the 23rd July, 1908, was not he went and told Mr. Hastings of the foamy accounted for.
$10,800 odd why did you refuse it from Mr. Dizont Was it in a cheque, or was it the amount The Chief Justice-When you refused the
that made you refuse the money?-He just said be would give me the mosey, ***Mr. Potier--Can you read English ?—No.
**Then how could you compare the account with your books ?--The figures were written in in Chinese characters by Mr Tam.
At that time had you received the detailed “account of costs 7—Ño,
about?-About the money I paid to my solicitor May
Do you know what these proceedings are When did you get II-At the beginning of and which has not been accounted for.
Did the police find you in the Now Territory? Mr. Potter-No, your Lordahip. He was and was followed by the police, who were not found in the New Territory. He went there
watching him.
Did you think when you were taken to the you had not paid Messrs. Hastings their costs? dolective office that they wanted you because No. I acted in a straightforward manner. asked for the money again?—No.
Didn't you think that you were going to be
Were you aware that somebody else had the money 7-Yes; because I had already paid,
The Court then adjourned anill to-morrow mowing at 10.30 o'clock.
SILK MERCHANT'S NARRÁTIVE,
ACCOUNT OF alleged LOAMB MADE TO DEVENDANT.
Did you compare it with your book 47---Yes, What did you fied?—I found that the 5500 which I paid did not appear on the bill.
||
when he swore that he never applied for repayment, nor did he broach the mobact when in conversation the
money ho leat Mr. Dixon belonged to the partners the witness and two others.
Isn't it unusual for Chinese to land' money without getting a reculpt ?—Yes, it it uausuki, but it does happen sometimes.
You were at that time leading money baloby,
Did you make muy entry in your book of chossing to yourself and others, why did you not Did you get say receipts for the loans?-No.
Under cross-examinailon, the witness ad. on 5th June last. It was interpreted to him, mitted that he made a declaration in this matter
and he understood it. The contents of the declarations were true. It was not true thai, họ „paid all the costs of this action, amounting to over $14,000, to Mr. Dixon,
Hastings Instructions for that déclaration who Mr. Cakhrop --When you were giving Mr,
acted as interpreter!—A man with spectacles— a naw man. I don' know his nam
"When" the Instructions were taken down, |didn't Me: Histingu take them down low)
How did you come to make this affidavit?---| It was on account of the accounts,not being
When you found these accounts, not correct what steps did you take ful saw Mr. Hastings and asked hits the reason why the 3500 was
17th inst. To-day records the third day's hearing of the Case in which Mr. Clive Fletcher Dixon, Hongkong solicitor, late of the firm of Manar, cause way his name should not be stack of Haitings and Hastings, is called upon to show | 'not accounted for the Rolls of the Sspreme Court for alleged mis:
Conducti
Whoo, as that-Some time to May
What happened at the Interview as 3. Hanbro Cald. 3500 is not accounted for,
a receipt ?-Because I was in charge of the Cant
Thes: how could you account "to, your fous and they agreed, saying "If he pays the partner without a receipt?I told them of the money back, very woli, If. ha doesn't masksë," (Latighter.)
But as to the other payments you'made'to Meiken. Hastings and Hastings, you wam mágsz
never asked for them. toʻget receipts?--I didn't want blu_ročalpti
Why did you ask for a receipt for the $500†, The witness'y asawar created' some Amusa- ment. 44 Wall," he said, “do you mean to ka that i can't trust a solicitor, who (so good as: honest, with moony, without: asking, for å receipt?".
When the Reuter, Brockelmann CESE WAT OO the jury did not believe your syidence).
The Chief Justics-Is that a Y amination Inno
Mr. Caltrop-I wont than fary did not buy the judge thought they sho
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