Monday, November 21, 2011

DOCTOR AND CHINESE

CIVIL LITIGATION CLAIM FOR WAGES. Further evidence was heard yesterday and to-day in the case in which a Chinaman named Loo Shook proceeded against Dr. F. Wallace Mackenzie on a claim for £182 as wages alleged to be due for work on a farm at Kawhia. Mr. V, R, Meredith appeared for the plaintiff while the defendant conducted his own case. In giving evidence, the defendant said that the testimony of the Chinese on Thursday had been quite unexpected by him, and had upsst his plans for defending the case. The stories of the Chinese agreed very nicely, but they were quite at variance with the facts. When Loo Shook had gone to him about four years ago he had said that he had been cheated out of his garden in Napier, was unable to work, and had been drinking. Loo Shook used to work for defendant's father, so he (defendant) thought that he would do him a good turn by sending him to the farm at Kawhia. The arrangement was that Loo Shook was to go to Kawhia, not to do any work, but just to fool about and enjoy himself. Things went well for some time, but eventually defendant's son desired that Loo Shook should be removed from tho property. In answer to Mr. Meredith, Dr. Mackenzie said that the farm was 960 acres in area, and was mostly bush. It belonged to his son. At this stage Mr. Meredith put in documentary evidence purporting to show that the farm was bought by Dr. Mackenzie himself several years ago, to which the defendant rejoined that he had acquired', the property in his own name because his boy was only eighteen years of age at the time. This led connsel to remark that the property was not transferred till June, 1913, after these proceedings had been instituted. The defendant could not understand the delay. The property should have been transferred long before that by his solicitors. Mr. Meredith then remarked that Jhe defendant had been a litigant before. Defendant*. Yes, I was here, charged with cruelty to a dog. You Tememher the case of Mackenzie v. Mackenzie? Yes; you ape going to allege that I took my family down. Do you deny the truth of what his Honour Sir Joshua Williams said a-bout you in his particularly scathing remarks Yes, absolutely. My wife wrote a letter to Sir Joshua Williams afterwards, and got a reply back apologising for what he had said. The case was then adjourned till this morning. TO-DAY'S PROCEEDINGS. When the case was called this morning, Mr. C. H. Treadwell appeared and intimated that he had been instructed today by the defendant to appear on, his behalf. Counsel intimated that he wished to reserve his right to re-examine Dr. Mackenzie until some day next week. Having just been instructed in the case, he desired to get some idea as to how the case had been presented. He therefore wished to obtain a copy of his Worship's notes. His Worship agreed to this application. He added that he would probably go to Nelson next week, and if an adjournment was granted he would return to Wellington in order to complete the case. Mr. Meredith asked leave to call additional evidence if necessary, and after some argument his Worship reserved the point. Dr. Mackenzie then went into the witness box, and under cross-examination by Mr. Meredith stated that when he said yesterday his wife had had a letter from Sir Joshua Williams apologising for his remarks he was labouring under a mis| apprehension. His wife had merely in- I terviewed the learned Judge. It was a I long time ago, and he had forgotten the circumstances. His memory had pla-yed a trick with him. The defendant continuing, said that on all his visits to his property Loo Shook had never asked for money. The Chinaman had once refused to accept 2s 6d for carrying his bag. IN THE NAME OF CHARITY. Mr. Meredith Did not Loo Wai once ask you for £20? Dr. Mackenzie: Yes; he asked it in the name of charity, as he wanted to send £20 to some poor relatives of his. I would probably have t given it to him if I had it, just the same as I would probably give it to you (Mr. Meredith) if you were in need of £20. lam a terrible fellow for giving away money when I have got it. That is why I have got so little money. Mr. Meredith: *You got Loo' (Wai to I sign a receipt? j Dr. Mackenzie Yes I got him to sign a_ stamped receipt for anything I owed him, in full. Mr. Meredith What did you owe him? Dr. Mackenzie: Nothing. I got Loo Wai to sign a receipt so as to beat the Chinese Consul. Was that not a wise thing to do? Mr. Meredith Yesterday you said that you would not beat anyone. Dr. Mackenzie: "You just try me." Defendant added that the Chinese had consulted the Consul in order to "go" for him (Mackenzie), At this stage the case was adjourned till Tuesday afternoon.

Evening Post, Volume LXXXVII, Issue 14, 17 January 1914, Page 6

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