June 26, 1909.[
When it is arranged the balance of costs must be paid even if there is nothing done. "
Is that always the lease?—No, because Mr. Dixon has the power-
It is not always the case?--In this case the client came to pay it himself, not because we insisted upon it.
Is it not the practice for Mr. Dixon when there is an agreed sum to enter so much on account of agreed costs?—Occasionally he does. When you saw Mr. Dixon put money in the drawer what did you think?I thought he was going to pay it to the cashier when he came back.
Did you think to remind him about it? No, it has often taken place. He often put money in the drawer.
You swear he often did that? -Yes, many times.
How many times have you soon him do that? -It is impossible to remember things like that.
Have you seen him do it ten times?—No. Five times?—A bont that.
Do you know in what cases you have seen him do that?-No.
How long is it since you saw him do that?---- Some time last year.
What date-I can't remember.
Did Mr. Dixon pay the cashier? He put the money in the drawer temporarily until the cashier returned.
When did you know Mr. Dixon had not paid it over to the cashier-When Mr. Hastings showed me a portfolio with reference to Wan Sui Po.
When did he show you the portfolio --About two or three months ago.
Do you remember when you first spoke to Mr. Hastings about Mr. Dixon taking money?-In the beginning of this Chinese year.
Was it soon after that Mr. Hastings showed you the portfolio ?—A fortuight afterwards,
In what connection did he show you this port folio --Mr. Hastings was going through the folios and found there was only one entry. Mr. Hastings asked me whether the case was con- cluded, and I told him it was concluded and that the costs were fully paid.
To what case were you referring-Wan Hi. He asked you if the money was paid?--Yes, I told him $30 was paid first and $20 later.
Why was it that on the 2nd February yon spoke to M. Hastings about Mr. Dixon? Because Mr. Hung told me something about it. What did Mr. Hung tell you?-I asked him what were his reasous for leaving our office and he told me that Mr. Dixon had misappropriated some of the costs of the office and paid some of it to Mr. Hung to keep sileut.
What did he say next?—He said it was dan- gerous for him to remain in the office.
The Chief Justice-When did he leave? Witness-On 31st December last. He told me to be careful and not be let in for such acts. What else did he say-We dropped the conversation on that subject.
Had you ever been to see Mr. Hung at his house before?-Yes.
Was anything said at that interview about Mr. Hung coming back to Hastings office?— Not at that interview, at a later one.
When was that later interview?-About ten days later.
Where was it?-In his house.
In the interval had you spoken to Mr. Hastings about Mr. Hung coming back us interpreter Before that.
Did you want him back ?—Yes. Did you send him a letter to that effect ? – I used to write to him very often.
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Between these two interviews you-hall seen Mr. Hastings and told him about Mr. Dixon -- Yes.
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Did you tell him about Mr. Hung as well?— I told Mr. Hastings what Mr. Hung had told me. After that you spoke to Mr. Hastings about Mr. Hung coming back?—Yes.
You wanted him back? - Yos, for some purpose. Mr. Hastings was willing to take him back? On conditions.
What were the gonditions-There were no conditions settled at that time.
You heard conditions suggested. What were they-Mr. Hastings promised to take him back, but he must have the question of Mr. Dixon settled first, because he did not think Mr. Dixon had done such a thing at the time I told him.
CHINA OVERLAND TRADE REPORT.
Didn't these negotiations about Mr. Hung coming back last for several weeks?—Yes.
At that time were you seeing Mr. Hung frequently? About once a week.
Were you conveying messages from Mr. Has tings to Mr. Hung-No.
Wore you telling Mr. Hung what Mr. Has. tiugs said regarding taking him back? Mr. i Hastings never suggested talking him back at; the time.
Did you tell Mr. Hastings of your interviews with Mr. Hung? Yes.
Did you tell Mr. Hastings that Mr. Hung was ready to come back at #171 increased salary?—Yes.
Did you tell Mr. Hung what were the condi- tions on which Mr. Hastings was willing to take him back?— There were no conditions.
Witness was questioned as to his interviews with Hung and to the latter's visit to the office. after which the hearing was adjourned.
SIXTH DAY.
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Vr. Calthrop resumed his cross-examination of Tam Wing Kwong, interpreter in the office of Messrs. Hastings and Hastings, with reference to his interviews with Mr. Hung. Mr. Hastings refused to believe what witness said regarding Mr. Dixon and he told Mr. Huug that he would have to make the matter clear himself. Mr. Hung said he could not tell Mr. Hastings without incriminating himself, and Mr. Hung suggested he should return to the office and Mr. Hastings could keep a watch on Mr. Dixon that he should not repeat what he had done. Witness mentioned the matter to Mr. Hastings, who said that Hung must make the matter clear about Mr. Dixon before he would consent to take him back. A few days later he saw Mr. Hung and informed him that Mr. Hastings wanted parti. culars of the money alleged to be taken. Witness added that inng should go to Mr. Hastings and make the matter clear. Hung promised to: do so and witness left.
Did you have an interview after this? In May.
When was the next?-About a week later. What took place then-He told me he had seen Mr. Hastings, who asked him to give particulars of the moneys taken by Mr. Dixon, and he refused because he thought r. Hastings would take proceedings against Mr. Dixon.
What else?-He asked me to tell Mr. Hastings that he could not point out any case in which Mr. Dixon had taken money.
Did he say anything about coming back as interpreter ?-No he was afraid he would be asked to give particulars.
How did you know that?-Because when it: was suggested Hung should come back he wished to do so without giving particulars.
There was a suggestion that Hung should come back to the office?—Yes.
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Did you support the suggestion ?—Yes, If you wanted Mr. Dixou to remain in the office and Mr. Hang to come back, why did you say anything at all to Mr. Hastings about this matter-At the time when I spoke to Mr. Hastings about what Hung said I did not expect anything of this sort would ensue.
Wasn't it likely that some proceedings would be taken when that information was given ?— At my interview with Mr. Hastings I told him Hung was afraid if he gave particulars that proceedings would be taken, but Mr. Hastings assured me he would keep the matter silent. He would give Mr. Dixou a month's leave to go to Yokohama so that no one would know.
Who said that—Mr. Hastings.
He told you all about it?--Yes, he said that Mr. Dixon could go on leave and not come back again.
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When did he go there? I don't know. You know he went?-Yes.
Have you been to see him there? Yes. When did you first go to see him at Brutton and Hott's-After I made my declaration in
this matter.
How long afterwards?—The day after. What did you go there for?-To see the cashier, and at the same time I saw him.
What did you say to Hung?—I told him I had made a declaration in this matter.
Did you tell him what you said in that declara- tion?—Yes.
What else? I told him he was not concerned in the matter.
Anything else -He asked when the case was coming on, and I said " Friday next.'
Why did
you tư Hung he was not concerned in the matter -Because he asked me.
What else did you tell him -No more about this matter.
When did you next see him ?-On the day Kwong Hui Tong made a declaration.
Why did you go to seo Mr. Hung?-Because Mr. Hastings asked me to go and see him and ascertain if Wong was telling the truth.
Where did the interview take place ?-In his house.
Who else was present ?-Only Hung and wyself.
What took place ?--I told him Wong Hiu Tung had made a declaration and what Wong had said in the declaration.
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Didl take the declaration with you? —No. Did you remember it by heart ?—Not word for word. I remember what he said because I took it down i: shorthand myself.
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What did Hung way?-He said it was a matter of fact that such things had occurred.
The Chief Justice-That what Wong said was true?
Witness-Yes.
Cross-examination continued.
Did he say anything elsq-He said he did not want to go to court to give evidence.
Why?-Because he said he had a hand in
the matter.
What else?—I asked what would he do if Mr.
Dixon subpeaned him to give evidence. He told me he could not stand cross-examination and he must tell the truth then.
Did he say anything else?-He said Mr. Lo hi San. the late Mr. Harding's interpreter, Went to see him and asked him to make a declaration in support of Mr. Dixon. He told him the same thing that he told me, that he did not want to come to court because he could not stand cross-examination and would have to tell the truth.
Did you see him again that day ?— No, I have not seen him since.
Do you know where he is?—I understand ho is in Canton: I heard so from his son.
You remember soon after Hung left Mr. Hastings office you suggested somebody else should come as interpreter?—Yes.
Was it suggested that Lo Chi San should come? —I don't know.
Witness said he thought it was suggested before Hung left that Mr. Lo should come as interpreter, and he told Mr. Hastings that if Lo came into the office he would resign. was suggesting that Lo should come into the office.
Were you annoyed at Mr. Dixou for recom- mending ver. Lo? - No.
Wituess knew Mr.
Dixon
You did not want him to come?—No. Wasn't it a fact you wanted Hung to some back to prevent Lo coming?—No, bʊcause at that time we had a new interpreter.
Did he take Mr. Hung's place - He took the place where Mr. Hung used to sit, but I don't know whether he was considered to be chief interpreter or not.
Witness then detailed his interviews with Fi ung as to coming back and the discussions as to his salary. Hung suggested that his salary be increased to $225 a month, but r. Hastings! Is Chan supposed to have replaced Hung?-[ said he would need to have Mr. Dixon's case i don't know. cleared up first. After witness told Hung he i Is he as would have nothing more to do with it. Hung came to the office and saw Mr. Hastings. Some time later he was at Hung's house; and Hung asked him about the matter. 1. replied that it was dropped.
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What was Hung doing at that time?- staying at home.
Did he say anything to you about getting employment?-He said he was going to Brutton and Hett's.
capa ble
an interpreter as Mr Hung?-No, but he can translate better.
Can he interpret properly?--What do you mean by properly?
Iu your opinion can he interpret properly? Yes.
But not as well as Hung-No.
The Chief Justice I don't know that we want go too deeply into the merits of Mr. Chan.
The Paisne Judge-We have got his merits, but we don't want his life history.
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