252
The Dixon Case.
HONGKONG SOLICITOR SUSPENDED.
FOR THREE YEARS
JUDGMENT OF TILL FULL COURT. Mr. Clive Fletcher Dixon, Hoogkong solicitor, late of the firm of Messrs, Bastings and Hastings, has been suspended from practising law in the Colony for a period of ibree years.
This was the decision of the Chief Justice (Sir Francis Piggott) and Mr. Justice Gompertz, delivered in the Supreme Court last Monday
forenoon.
Mf. Dixon, whose ability as a lawyer in this Colony is well-knowa, was, it will be remem bered, called upon to show cause why he should not be disbarred, or otherwise, struck off the Rolls of the Supreme Court, for alleged misconduct. The accusation against bim was that of alleged embezzlement of sums paid to bim by clients on behalf of the firm.
The trial-lasted several days, and the judgment ment of the Full Court was, as already stated, delivered this morning.
100
THE
HONGKONG TELEGRAPH FRIDAY JULY 9 1909.
In giving bis decision the Chief Justice said: Messi, Hastings and Hastings, solicitors practising in this Court, bring to the notice of the Court certain alleged acts committed by their managing clerk, Mr. Clive Fletcher Dixon, also a solicitor admitted to practica' in this court, which, it is suggested, nécessitate the exercise of disciplinary measures by this Court. The nature of these charges will appear from the judgment. The one which I have to mention is the alleged embezzling of sums paid by clients to Mr. Dixon on behalf of the firm for services rendered by him as managing clerk of the fit The first point which we had to consider was whether this allegation, involving as it did, a criminal charge, should not have been tried be fore a criminal court. Mr. Dixon, by his counsel, strongly contended, that this was the proper procedure, and said that he was willlog and desirous of standing his trial. Messid ings declined to prosecute and that this Court was bound to entertain their application quite irrespective of the fact that criminal charge was involved. My own opinion very strongly leaned towards the trial if the question before the Assizes bat after beating on him that the real, question ha was being things that he never said, that he has done this
WA. came
Hast
The presiding Judges. The Chief Justice! then announced that they agreed that Mr. Dixon should be suspended from practising in the Co louy for three years,
Mr. Calibrop applied for a stay of execution until such time as they could appeal to the Privy Council
Mr. Folter submitted that their Lordships had no power to atop their own order. He knew of no such case where a solicitor was found naft to continue as an officer of the Court: He-nd- mitted the right to appeal but no slay of exsca tion could be granted pending that appeal. It was unfair for the profession to allow Mr, Dixon to continue.ne
The Puisan Judge (To Mr. Calthrop)-We have exprassed our opinion and delivered our judgment. What advantage would Mr. Dixon haro if a stay of execution was granted?" I don't quite.see the point.
Mr. Celtbrop was heard to remark there was an advantage.
he Chief Justice said it was impossible to compet Messrs. Hastings and Hastings to take Mr, Dixon in their employ.
Mr. Calthrop-We are not asking for that." The Chief Justice-Thso I may take it that you wish the judgment not to be placed in the records of the Court.
Mr. CalibropThat is exactly what wa ara asking for.
The Chief Justice remarked about the diffi- cultles of the position and ordered judgment. not to be recorded until the Privy Council pro- cudings were over.
A discussion RTOs as to the costs. The Chief Justice intimated that this question would be settled in the usual way" by the Registrar,
DISTURBANce at shanGHAI:
SERIOUS TRAGAS IN FRENCHTOWN,
Late last night (2121 ult) the French Munici pal Police received information that as the result of an affray which had taken place upon the outskirts of the Concession two Chinesu bad been seriously wounded and were in dangerous condition. Police officers were at once despatched to the spot where the fracaE was reported to have occurred a small vill- aga at the meeting of the French Concession with the West Gate of the City-and ther it was discovered that the affair had been in the nature of a fighting among robbars and leafers and had resulted in the manser
men were being taken to St. Mary's Bospḥial posted to the police. While the wounded the police prosecuted the kennest inquiries, and before morning were able to take into custody thres of a gang said to number in all about a dozen.
the colony for motaries to take such statements stances that this lo ngalua chon in which I should which he communicated to Mr. John Hastings in the money out on mortgage,” All the suge op oath. Obviously therefore what was dras have adopted the Scotch formula "not proven Mr. Hastings saw flung in his office on the gosted grounds of corroboration therefore fall, in this care was perfectly bona fide. Our pro- but as I canot do so, as in Wasvili's case, I next day, and on successive occasions, when I must then reject the charges based on Wong cedure does not recognise any mode for manu am bound to find the cass is not established, the latter informed biox that Mr. Dixan had Hui Tung's. evidence. I do not for a moment facturing evidence. I use the word in no offen subject to what I have to say on the subject of bean in the habit of paying into the office part wuggest that he has committed polary. But sive sous-except in a special procedure for the alleged confession. To this alleged con- only of monies paid by clients on account charges of this sort must be fully substantiated, perpetuating testimony or binding people down fassion I now tom. Now here again we are of costs, retaining the balance himself and
and if this cannot be done they must be dis- en statements other than are provided by the confronted with difficulty. A confession if giving to blog, Hung, part of the money missed. I come now to the third charge, which rests on the evidence of Wan Hi-that be Statutory Declarations Act, introduced lato rbis proved cannot be pressed farther than it actual Though Mr. Hastings pressed him for In
paid Mr. Dixon $20 for balance of costs. It is admitted that the firm was - Dover 'cro- clay by Ordinance sight of 1893 mod this didly want. The confession was that only small stances he gave none saying he was unable to pot profess to be a statutory declaration. A sums had been taken and in Police Court cases. do so. As a result, of what he heard Mr. bolary's powers in connection with the adminit This would cover Was Hi's case but not Hastings instituted inquiries which resulted in dited with this amount. Mr. Dixon states that on the 8th of January of this year he was re- tration of gaths and irrespective of the duties of Wong's care. But there is a far more serious certain persons being discovered who have
tained by Wan Hi to defend a friend, of the his office are these: He may take statutory matter to which I called the attention of the given evidence before us on which the present declarations but there declarations must be learned Comsel, engaged. At the opening of charges are based. On the 75th of March Mr. latter's in the Police Court. It was agreed that
Mr. Galthrop said that Mr. Dixon would un- made voluntarily; the declarant must go to the casa Mr. Calthrop very wisely asked for Hastings called Mr. Dixon into his room in $50 should be paid for costs with a proviso for the notary and ask him to take his declaration, the charges against his client 10 be formulate the afternoon and told him what Mr. Hung fuller payments in the event of the hearing last- dertake not to practise until appeal proceed ings word over. Their only reason for adopt- ing over one day. The sum of $30 was paid al This was in no seose a voluntary declaration.ed, and they were formulated... But this was for Kam Ning had reported and that there was And it must be in the form prescribed by the the sake of giving precision to the car. It evidence on which a criminal prosecution once, and entered in the rough cuah book by Mring the course was on account of the stigma
placed on Mr. Dixon's character.ee, MA Dixon as a payment on account. The case Act which this was not. Secondly, under order could not possibly be said to be as in the object might be brought and that he did not wish to
never came lo's hearing, the charge avantually 38, rule 6, examinations, affidavits, declarations of charges formulated against a civil servant, prosecute and advised Mr. Dixon in effect to
after one adjournment being withdrawn by the and other matters may be sword before a in order to inform Mr. Dixon of what he was slip away quietly and without scandal, Mr. notary in matters peading before the High Court. charged with, that was contained in the affiday Hastings says that Mr. Dixon confessed to hay police, Mr. Dixon says that the balance of the There was at the time "this man's state its filed an the application for the rule and the ing taken money but in small sums only, and agized costs of Sad was never demanded by him ment was made no matter pending be question is whether we can ignore the fact asked to be given another chance. This Mr. or paid by Wan Eli. It appeare that Mr. Dixon fare this Court. The fact that the "state- that there is an allegation made in these affi Dixon denies and says that he admitted having had full authority to make arrangements as to
Wit
Jalended to ba. used davits that Mr. Dixon had confessed to having lakon presents, bot entirely deoled any misap costs and, if he thought fit, to remit the balance. is immaterial. The objections to such a appropriated small sums belonging to the firm,propriation. On March 31st Mr. Hastings wrote due of a sum agreed to be paid. Now Was
to Mr. Dixon stating that he must leave the office, 1oo not think we can inok at it as merely a proceeding 2 was adopted in this case are
Hi slates that having agreed for a sum of $5 clear. The man who has made such a statement piece of corroborative evidence but as Itself as it was impossible for the firm, to keep him. ho paidSjo immediately and that when the case was over he paid the balance of $20 to Mr.. koos be has made it and most in giving his embodying a charge which is brought to the any longer, and enclosing for signature an evidence be conscious of it and that he might Court, I think therefore that we are bound to agreement cancelling the agreement for service, Dixon in the presence of Tam Wing Kwong be confronted with it; yet it is statement on inquire whether the confession was made as Receiving no reply Mr. Hastings wrote a fur- on the 13th or 14th of January at between three onth to which the penalty for perjury does not alleged. Now in considering this I am moved ther note on the and of April requesting that or four pim. He says that Mr. Dixon put the attach. It is therefore for the purposes of the by no consideration. other than that of ascer the cancellation agreement might be signed money into a drawer and then went out. Wan Hi asked for a receipt but was told that it was Court valueless and can only avail the person taining which of two persons, both solicitors of and returned to him. On the same day Messrs.
unnecessary, Nothing turns on the absence who has so obtained it. But the law as 1 have this Court, is speaking the truth. Mr. Hastings Ewens and Harston wrote a letter on behalf of said, does box sanction such a proceeding, asserts that Mr., Dixon made a definite confes- Mr. Dixon denying that Mr. Dixon admitted of a receipt for it is admitted that no receipt Oaths can only be administered under the sinn. Mr. Dixon absolutely denies it. Nothing having taken" money and insisting on Was given for the $30. Apparently it frequent sanction, of the law. Further statements on is more difficult in such circumstances to kis rights under the agreement of service, ly happened that no receipt was given on the onth are public statements and they must be decido such a question, Human wàmory is'so and feally suggesting a meeting between payment of these small amounts, Wan His available to both parties. The effect of these fallible that it is quite a common occurrence Mr. Harsion and Mr. Hastings. It was, pro- evidence is corroborated by that of Tam Wing proceedings and the weight to be attached. for an honourable man in reporting a conversa- posed that the matter should be subject Kwong, an interpreter of Messrs Hastings to this man's evidence in this question, was tion to put into the mouth of the person be bas of an arbitration before the Chief Justice and Hastings' office. He says that he was whether he had paid the Szo alleged to have been talking with words which he himself and negotiations continued for some time, but present when the So and again when the $20, been due from him under the agreement and used. If MT. Dixon bad alleged that there was eventually failing the present proceedings were was paid, and his account of what took place said to have been made by him with Mr. Dixos
a mistake in Mr. Hastings' version of what be brought. I will deal shortly with the specific corresponde substantially with that of Wan Hi. Now Wan Hi had been called up by the charges which are before us. The first two to pay 550 for costs of which he bad paid 530 || said; that there was a misunderstanding we on account. Now the moment this man real should perhaps have found toore difficulty in are based on the evidence of Wong Hin Tong, police in the first instance and apparently been ises that this was the question involved, when
that he lent to Mr. Dixon at the latter's request kept under surveillance up to the time he went arriving at the truth, Bat he has taken up the
into the witness box. It was suggested, not it was put to him with police accompaniment it position that Mr. Hastings has deliberately during the process of a suit which Mr. Dixon
was conducting on behalf of the firm 5750 in unnaturally, that he must have, thought in would be unnatural for him to say that he bad perjured himself before the Court, has wilfully said it. In due course a perception might damn perverted what he said, has put into his mouth. various sums on four different, dates. The the beginning that he was being called to second is to the effect that he on the 18th or 19th account for the 5ze an for money he had failed to pay and his natural impulse in that event out of shaor malevolence, and with the ulterior of July paid Mr. Dixon 5500 for costs to the asked about was whether he had made such ab
would be to adhere to the statement that he the very able arguments of Counsel on both
to the conclusion that agreement and that he was not charged with design conceived some time since of getting firm, which money Mr. Dixon has retained in sider
his own hands. I will sayatonce that Wong Hin bad actually paid it, whether he had in fact That that he would be the disciplinary jurisdiction of the Court having paid mooey said to be due rid of him, that it in all part of a deeply laid exists altogether independently of their being by him." But even if he bad ant made such scheme devised in order to rid himself of a Tung gave his evidence in a clear and apparently done so or not.
ad agreement be would almost inevitably managing clerk to whom many material straightforward manner. He expressed his re afraid to contradict in the witness box the for jurisdiction in the criminal concurrent
stick to his original statement, induced by benefits were in process of time seems to gret at having to testify against Mr. Dixon, mer' statements he had made in the charge
becoms due in order to economise the money facts which bad inevitably clouded his clear
whom he said he regarsed with feelings of grati- room, I am anxions to give the suggestion its courts, that it may be exercised in the face be declised in the face of a conviction appreciation of the real question in issue. As that those benefits would cost the firm tude, for the able manner in which he had con proper weight. But we have to consider it of an acquittal and that it might even
To this Mr. Dixon bar' deliberately pledged ducted his case; It was suggested that the along with the whole of the facts. The sag- The point. really involved is, I think, the the case stood after his examination was coo.
witness was not to be believed, as he had gestion was to my mind disposed of-by risbe manner of the witness' reply to a question claim to have a charge of this sort tried becluded, I could not have found the charge himself. To this question put by Mr. Potter
proved. 1, however, put certain questions to what motive he attributed to Mr. Hastings in reasons for. wishing to oblin Mr. Hastings fore a jury. As to this have po doubt that as the proceedings for striking a solicitor off the him in order to see whether he did in fact ap. making the statement relating to the confession inasmuch as he hoped for a remission of part from the Chief Justice, He answered in
preciate the issae, is answers were intel. Mr. Dixon would have been entitled to ssy he of his bill of costs and as there was still a perfectly straightforward manner that he was roli must in this colony come before the court.
ligent, appeared to be truthful and seemed to spoke to facts alone and was not obliged to balance of abant $300 due to him outstanding not afraid, and did not believe he was being neither the old English prosedure by way of
in the bands of the firm. Now the witness was required to pay agalo. He said that he know
The story of the occurrence is that the band inquiry before the Masters nghe new English clear sway the cloud; but putting the question search for motive but he deliberately answered
a than in a good position, the managing, part- he had paid, the money and understood that of thieves had retired to this secluded locality procedure of inquiry before a committee of the to myself afterwards am I quite confident that the question and attributed the motives' as I
the cloud which must bave been in his mind at bave above specified them. By this be must Ger of an important silk business in Canton, the question was what someone else had done with the object of dividing some booty, the Incorporated Law Society reported in either first was absolutely cleared away? I cannot stand or fall, I disbelieve the existence of the and though the suggestion must, of course, be with it. I do not expect each frankuess of amount of which is pat at $18. About half demeanour from a man who knows that he is past eleven o'clock at quarrel commenced, as case to the count be impossible. The mo
answer it affirmatively with such complete motives which he has attributed to Mr. John given its proper weight a vague expectation of
not afrequently, happens, over the division tion comes before the Court as normally cop. stituted; and therefore if the Court should think satisfaction to myself as to enable me to say.yes Hastings, not because he is the senior partner this sort-not of course alleged to be based telling lies. It was further suggested that the
and so bold that the charge is proved-perhaps of a leading firm of solicitom and Mr. Dixon on any promise explicit or implicit on the part witness had been got at by Tamr before the of the spoils, and assuming 4. serious aspect Police saw him, but there is no evidence of this knives were produced. A generaly fight fit either on account of the complexity of tho question involved or of the doubt which the "not proven" but we do not know that form of asly his managian clerk but because i would of Mr. Hastings-seems hardly a sufficient
and it was absolutely denied by Wong Hi, seems to have ensued in the course of which facts raised to call to its aid a jury it would be finding in England and I am therefore compelled not believe this of any man in the absence reason why he should be willing to come down
with whose demeanour 1 war, as I have said, vary one of the desperadoes received a dagger to find that the charge has not been fully and of evidence leading me inevitably to this con- from Canton and commit the grotest and within its power in doing so. The question is satisfactorily established on the evidence stand clusion. The Court does not assume motive,
most 'cold-blooded perjury against an iono favourably impressed. As regards Tam Wong wound in the left side of the chest, and
Kwong himself be admitted that he would have second was felled to the ground with a cat la of great moment to both parties of the gravesting by itself and apart from the alleged con malevolant or other, mately because a wit cept man. I must say that I felt extremely moment to Mr. Dixon. I thought it, right fusion to which I shall come presently, I pass ness chooses to allege it or eves pledge puzzled by Wong Hui Tung's statement that liked to get Hung back into the office and that his forehead. Fearing capture the thieves therefore to ask my learned brother to sit with to the Wong case and here I find very const his allegation by an oath. If the Court- ia ta the loans to Mr. Dixon,were not entered in the he bad spoken to Mr. Hastings on the subject. then decamped, leaving their two wounded Fas so that the bearing of the motion has bee-derable difficulty in coming to a conclusion find motive it must be the necessary induction books of the firm but only in his own memo-. He fanber admitted that he knew that Mr. Dix comrades to fall into the bands of the police. before the Full Court. We intimisted, however,
The question that troubles me is this, the from evidence laid before it and not from randum book, and that the payments of them on wished to bring in another man, one Lo, at As has already been stated this was followed that if we should in the and find a jury neces
case more substantial then one man's word reckless unsubstantiated statements. The only tell not on all the partners but on three men interpreter, and that if Lo had come into the soon after by the arrest of three othern of the sary we should cause one to be empanelled.
against another? And there are two subordi. trace of such evidence is what I think was the only, of whom he was one. This admission is office be, Tam, would have res goad. It was gang, and as the police are on the alert other We have not found it necessary, for the ques.
nate matters also that trouble me-i am far somewhat undue haste which Mr. Hastings one which might have considerable significance suggested that this admission showed that Tamarrasis are expected to follow. The wounds of tion in issue bas proved to be simpler than
was an unreliable witness. The suggestion in the two in St. Mary's Hospital though serious from wishing to attribute to Wong Hui Tong displayed in his letter of the 30th of March and I cannot help wishing that we had
fact comes to this, that 'fam was so anxious to at one time seemed likely. 1. desire in
a faller explanation of it. However this is a
are not expected to prove fatal-Shanghai any intention of wilfully deceiving the Court. suspending Mr. Dixon and attributing delay the first place to make two remarks of
But this point I cannot pretend to appreciate to Mr. Dixon and his legal advisers in regard matter of detail, which I may or may not keep Lo out of the office that he has concocted Mercury. general mature. The action which Messrs.
bow an action of the most, important character to the deed of arbitration. which had been bava to go into later on. Now the charges a criminal conspiracy, supported by his own are of course very serious ones borrow and other people's perjury to ruin Mr. Dixon, a Hastings took was altogether unavoidable, waS
trusted asistant who was shortly to become a forced upon them by the nature of the informa affecting the very existence of a firm of high submitted to them. I think in this he was in
standing in Cantos, involving enormous costs the wrong but it certainly comes well within ing money, under the circumstances all
partner in the firm. The motive assigned tion received. It is difficult to put one self in the should have been financed entirely by one what I said at first with regard to Mr. Hast eged-with no subsequent repayment is
seems to me inadequats for such a course. The position of a firm of solicitors in extensive
partoer, as he bimself says, out of his personal inge' conduct, mely that it must be judgedrevious misconduct in a managing clerk--mis practice suddenly informed that their managing resources. He produced a private book which not by ordinary standards, but by honest arapropriating, money paid for costs is simply game was really not worth the caudle. The Clerk in whom implicit trust has been placed,
we could admit as evidence but upon which ha endeavour to put oneself in the difficult embertlement. Is there any corroboration of witness was of course severely cross-examined. I watched his demeanour closely throughout who has been entrusted with the conduct of
was-cross examined and he said this book-position in which he stood. But of other-Wong Hui-Tong's evidence? The only other. heavy and important cases, who has ap showed all these payments to Messrs Hastings evidence to support this allegation there person alleged to have been present at these and I must say that he seemed to me to be
the Far East, is that ijving here is parently conducted them with great success
an account of costs. But some of these pay is absolutely none. Mr. Hastings' views transactions is the interpieler Hong Kam Ning telling the truth. Is there any other evidence
more expensive than anywhere else at this who has not beso called. The witness Tam that can be treated as corroborative, of this and to the great satisfaction of the clients.
ments were apparently made by agent in as to what has been called "MŽ, Dixon's has been guilty of appropriating money, paid Hongkong, though in many cases they were course of life* were candidly stated by him in Wing Kwong stated that he believed Hung to charge? This brings me to the confession al side of Suez. No one realizes this fact better by the clients to him on account of the firm. brought by Mr. Wong himself. Was this the box. It was a legitimate view and not
have left the Colony. Cabton and Macao leged to have been made to Mr. Hastings and than old residents who have experienced how hers 1 need add very little to the remarks of the times have changed during the last couple of I shall be compelled to criticise what they
seems to be the natural refuge of Chinese in agest Wong's private agent or the agent affected in the least by what is euphemistically in fact did in one or two instances, but this of the firm, but he himself said that there termed the narrow mind," bat every detail. Hongkong who have reasons of their own for learned Chief Justice, with which I entirely agree. decade yours. The fact that living has be come so expensive in Bangkok may be stir- criticism must be tempered by the recognition
were no entries in the books of the firm. Pul-which has been specified of the relationship,
appear before s court, and At an interview of this sort both parties would of the very difficult and most painful positioning the sleeping partners out of the question official and social, between Mr. Hastings and
suppose that Hung who, if he had appeared naturally be somewhat agitated, and the most buted to the rapidly increasing foreign còra. in which they were placed. So too Mr. Dixon. there were other active partners-on Wong's Mr. Dixon from the beginning down to the would have beap asked if and why be made scrupulous mas might easily after the lapse of munity more than to anything else.
The number of foreigners resident in this (if he is innocent of the charges brought against evidence the firm does not appear to have early part of this year pointed to the opposite statements to Mr. Hastings which he after some weeks be mistaken as to the precise
words used. But it is quite clear that Mr. Haste capital has increased and multiplied to a r him as he alleges be is) was placed in a most
been charged with any of the costs of conclusion and therefore looking at the wards denied to Mr. Dixon," and if it was tran distressing and painful position and i would
this heavy action. I find the whole thing question as ono merely of evidence I find this or untrus that he had participated with Mr.ings when he wrote to his brother on the fol-markable extent 'during the last dozen,yani, willingly if it were possible find in this fact exceedingly difficult, amt to believe, but to oalicions motive on the part of Mr. Hast Dixon in embezzling the money of the firm towing day had no doubt at all that Mr. Dixon The trade of the port has also grown enormous., some palliation for somethings that he has done.
understand. But there is this furtherings not substantiated in any way and there- had excellent motives for keeping out of had admitted the mis-appropriation of money ly and the expense, of living has considerably that his This letter was called for by Mr. Dixon's increased... Prices of foodstuffs have gone up He has been defended with seal and devotion difficulty. Everything that took place in
I do lote unproved. In this judgment 1 have seamed the way. by bis prefessional advisers and if the finding of Messrs, Hastings office between Mr. Wong perhaps to subject Mr. Hastings' action to criti-evidence would have been much use to either counsel, on his examination of Mr. Hastings by leaps and bounds. For example fowl the local this Court could have been slaved off by advo
Hui Tong and Mr. Dixon was through the cism and to bave left uistouched Mr. Dixon's party bad be actually come before as but it is Again in his letter of March 31 be categorically which could be purchased formerly in cacy and bandling of his case it would have
medium of an interpreter. Everything that I have done this deliberately because that seem. certainly very regrettable that the Court has not repeated the admissions he says were made to food bassars, fort salung would cost to-day bead achieved most legitimately. I have now
Mr. Wong says took place might be perfectly ed to be material to the great question whether had an opportunity of seeing him in the box. him on the 16th of that month. When he saw tical, Eggs, meat fruits and vegetables havo to make on further general remark as to the
true and yet never have reached or been those charges were proved and because I have I come next to the alleged confession; can this Mr. Dixon again after receiving the letter from also reached four times the price paid socur natute of these proceedings, because my finding understood by Mr. Dixon. There is only one been more than anxious that every paint which be treated as corroboration of Wong. Hui Mesurs. Ewens and Harston he taxed him with years ago. Fish, especially senfish, is sold stan depends in great measure upon it. The motion piece of his evidence so far as I can see which could be argued in favour of Mr. Dixon should Teng's evidence? In my opinion it cannot these admissions and asked him what be meant exorbitantly high price. With such condition was made by Messrs Hastings because there is directly associates Mr. Dixon with the payment bave all possible weight attached to it. But that Without going any further into that confession by denying them. So Mr. Hastinge attitude prevailing and having to pay high wages to was at any rate consistent throughout. I can. cooks who will also secură a percentage obl no representative body representing the body.
́of the moneys whether for loans or the S500 must not be taken to triply that I approve of all at present, it is clear that a confession of having
not doubt that he has accurately reported what of their employers' money at whatever cost, of solicitors incorporated as is the 'Incorpoated
for costs which it is alleged was embezzled. Mr. Dixon's actions. Some of them which are mis-appropriated money is nacorroboration of a Law Society in England, who could assume the
Mr. Wong says he paid the money into Mr. referred to in the judgment of my learned bro charge of improperly borrowing from a client he believed at the time to have said. What the expenses of living in Bangkok: for the duty of putting the matter before us officially
Dixon's hands. But it is with regard to this ther seem to be very deserving of criticism. On the other hand, an admission of mis then, of Mr. Dixon's position? An innocent foreigner, are by no means trifling. Hoow, and the proceedings inevitably took the ultimate
case that what I said at the beginning of this have notforgo nen the fact and have endeavoured appropriating small soms only is an implicit man who knows that his record is clean finde rent is also high and will be likely to continae form of an issue between Maists Hastings and
judgment is important, The question is not to give it its. legitimate weight but Mr. Dixon denial of a charge of mis-appropriating $500 himself suddenly confronted with an odious plot so for some years until asch time as the aroma Mr. Dixon. But the dispute between them covers whether if the case had been between Messre. has shaped his public conduct by that of an which is a much larger amount. The other mat agafast his good came. One would expect an and suburban, districts are well laid ou, and wide area, involves many subordinate issues. Hastings and Mr. Dixon which would be en- honest map-that is to say he offered to stand ter suggested as corroboration of the charge of indignant denial and a fixed determination to supplied with the class of cottages and, atbar zone of which is before us. Even be issue which tiled to a verdict but whether the case against a public trial at the Assizes. But on the mis-appropriation, was the evidence of Mr. Kent, have the matter thrashed out, and to clear his dwelling houses that would meet the pubile is apparently before the Court whether Meists, Hastings have proved the charge or whether M. Dixon, if it had been presented dispas- whole case and having in conjunction with my cashier in Mesars, Hastings and Hastings. This reputation at all costs. We find instead a spon demand. In Saigon, Singapore and ther
sionately by a public official, bas been proved. learned brother given it the most soxious con- witness, stated that when the interim account, taneous offer to leave the firm abandoning his places, wet wattage baantifully 320 Mr. Dizon has disproved the charge is not be.
It is not a case as to who ought to have produc. sideration I can come to no other conclusion was asked for he gave the client a copyrights to a partnership and to the other ad-: gardans add to the charming appearance and fore us, precisely, in this form because as i
ed Hung, the dismissed interpreter, as a wit- but this: that the confession was made by Mr. of the ledger accourt apou the express: vantages of his agreement and an undertaking attractiveness of those towns, and the rest paid shall presently point out some important ques next, but whether this case can be proved with. Dixon as Mr. Hastings alleges and that this orders of, Mr. Dizon. Now the ledger acoffered not to take away clients of the firms-in for such is very moderate in comparison to tions of onus would seem to be involved and
out his, whether we can exercise our disciplin corroborates the evidence given by Wan Hi, count wis obviously quite useless to, Wong retom for what?-a permission to be allowed what le paid here for even comparatively small were in fact urged which I did not think are are powers in the absence of the person who the facts of that case being, covered by the Hal Tung mad he could learn nothing from to practise on his own account in the Colony, houses, with no garden at all but à #isali com
I do not think I am unfair to Mr. Dizon when pound. Still, we have much land around the really raised. The sole question is whether
Cap alons give.the evidence which would bring terms of the confession, but that it does not it. it was suggested that Mr. Dizon pur the case of reprehensible conduct brought be home the offence with which Mr, Dixon stands corroborate the Wang Hui Tang charge.. Mr. posely had this misleading statement supplied say that I should have expected a firmer city and suburbs where such cottages could be forethe Court is satisfactorily and without doubt
charged as solicitor. It is said he will not Dixon is therefore suspended from practising to the client in order to prevent the latter from attitude in the face of the calumny from a man erected with much profit to the owner, and. proved. I now come to the specific charges come because he would incriminate himself. in this Court for a space of three years, seeing that he had not been credited with the of Mr. Dizon's character and ability Again beneft to the public,
the foundation of the charges made against Mr. The fact that prices of palive, products male The Gulab charge was at our suggestion That is irrelevant to this issue. He might be Mr. Justice Gomperts said: This is 500 Now Mr. Kent gave his evidence in a "properly withdrawn, it warat best one-man's
poultry Pordgainst another, and I must confess and you the difficulty would be just the motion for an order to dive perfectly ResightforwBut manner and ho is Diske interview was the interpreter high; and that labour 1, clar, le allogeiber to
probably as extremely competent Enter bur. Hung and Hung was the only authority than the benefit of the farming classes, "Aj world get have liked such a charge pressed me with the thas possibly the facts, con Fletcher Dixon, solicitor of Els Court, be pro borledge of English did not seem to be named by Mr. Hastings. If the charges were farmer, gardener or fisherman.can.make mor on the evidenco available. With regard to the nected with the charges if|wall founded might removed from the Roll ol, the Court, for gross very great and he'struck me iò the witness box false then Hungwas a far and a very despicable, moapy by his produce. In the market in ons ·
CECY...
bave come to Ms. Hastings' knowledge without Hong. But Hung is, as the case stands, at the bottom of the whole thing and I ask myself this question-Can this charge be proved without
not wishing
not
know
COST OF LIVING IN BANGKOK.
**THE MOST EXPENSIVE PLACE IN
THE EAST,
A remark frequently passed by visitor to Bangkok who have been visiting in varios places
misconduct in his capacity as solicitor, The Wan Hi charge i am bound to critici, in cont
facts are briefly as follows:-Mr. Dixon, who denies that he ever told Kent to give a copy of first person with whom Mr. Dixon put him formerly realies in a whole wack.
as somewhat "puztie-beaded." Mr. Dixon scoundrel. Yet this man was apparently the day according to presentimies; than be could to what I have already said, the action con.
was admitted a solicitor in England in 1899,
The wages of domestic servants are mach
•nection with this man. In the first place 1
joined the firm of Hastings and Hastings, then
the ledger account and I am not at all clear self into communication and he thought do not approve of the police being made us
myself that though Mr. Kant believed himself it advisable to have a private interview higher than ruling in the Straits, Indo-China of in private inatters. The police are public him as the case slands ?" It will be said—Look John Hastings, in Hongkong, in 1904, on D
at his own house before he even took counsel or Hongkong. An excellent boy or coole cith at the difficulties. Is it fair to impose this agreement for four years' service as an asistant td be speaking the truth the mistake was not
with his solicitor. It is with great regret that I be employed at either of the above places officers and should not be used nor should
obligation on Messrs. Hastings?le this case on a salary of £315 a year. He neceived various really bis own. In that ovest of course the
am compelled to the conclusion that there was for a salary of about from 15 to; no ficata. they lend themselves to being used as private Yes. The question would raise entirely different increments to salary and commfusion not stipsa este luir 23, 2008, when the Scen, was no mistake and that the confession is establish and here in Bangkok one cannot get D.
suggested corroboration falls. Lastly there is detectives, if only for this reason that it must. weakan, their authority and effconsiderations if Messrs. Hastings bad merelylated for in his agreement during "the course of,!
alleged to have been paid to Mr. Dixon, ad against Mr. Dixon. Once this is accepted third rate cook for ticain goʻs month, About that time it appeared from Mfr. Dixon's it strengthens the char e as to the Szo which I Coolie Labour is equally dear, notwithstan statement in cross-examination that he had must regard also as fully established. Ona ing the constant influx of Chloase 2001 duties. Of course, there was in this case / action for wrongful dismissal, We cannot expiry of his first agreement an agreemGET WAS treat this application as if it were such an action entered into for Eve years under which Mr. a criminal charge involved but I have and even if we were to act upon Mr. Tam's Dixon was to receive a higher rate in dollars
to find money for the payment of a passage matter is the complement of the other; a con- into the country. This abows that there is rooms and the inference. suggested is that he would fastion corroborates the charge. The charge and to spare for all, and that such Immigration Informiod, throughout these proceedings that Mesin Hastings always declined to providence I am bound to say that the negotia- with. Increments in commissios; and salary tions between Mr. Tam and Hung about get and also to receive at the expiration of the term
be therefore short of funds, and less likely to illustrates the confession. The confession is of should be encouraged than otherwise, okinase coume fully before, use it was embodied in the are hard Industzloss workers is, they readily secute, And even if the police had contem
ba. able to resist temptation. But do not od taking up the case taken with regard to Jing Hung back into the once, in which apapat partnership in the business. It is quite clear think the corroboration to be sufficiently dippet affidavits, it has been gone into very fally in the adopt themselves to the manners and custome
a promise was made in: Mr. Hastings, name that the Bem found Mr. Dixon a valuable man Wan Hi looking on him as a witness was not regular, I also object altogether to the police to take him back, teem to throw a bate over it and the relations between them appeared toit does not go far enough. Whether Mr. evidence and it is a matter of which this court of the inhabitants and soon become siseful face surveillance to which the man was subjected can certainly not going to attempt to have been such as might have been expected Dixon Was able to keep up his establishment, 1 bound to take cognizanca, e bare then a tori, in developing the sericalcend fro and I am not surprised that he complained, dispel except to say this-it is really unneceps between an enlightened employes and as able with the means legitimately at his disposals palsful duty to perform from which it is impor- the land; both to 1400, mwa (Cara Secondly & statement was taken from this wit or to say that much inducements, or hall and trustworthy dating On the find of Februs do not know. But that Mr. Dizon, mot albis: for as lo, thrick and I concur in the sparity as well as to that of the countena
promises, or whatever they may be called as any of this your Tam Wing Ranife's dark is bird as in the ordinary meaning of thesorde opinion of the Chief Justice that Mr. Dizce callant thing de giantess Capacity an bovary, pobile la the presence of ware made by Tam to Hang were not made the price of Mont Basiese Hastings, In 2008 ruciciently Repeats troul Ly fact that must be suppended from practising in this immigration of this kinan dar
with Mr. John Hastings authority but were being on a visit to Busy Mom Alog, da Totaly be had them $4,000 out on mori guze, „lf be count for a term of three year period hands to laboris al Inspector Hansan. I think this was irre, the direct opposite of hit Intentions 2 nd real quitted caservices of had to dad money then in Jalandhar hot in at the conclusion of the Palsas Judge's judge would soon decrease geldt, bet gawara fold that it la prised of implied. "I think in the circum | the tire, rectires from the cocairn Indomation / driven to tikkomety," F(a kid, manly to MARI, ARAZO WAT 4 shtri, cunalistion between. Eru Pros.
mese on outh before Mr. Wilkinson setingis his
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