Mr. Kentwell was somewhat more restrained during the session in. HIM, Supreme Court, on Thursday. Even 0, however, there were a few exciting passages and Judge Grain again had to warn the defendant, 'When further cross-examined on. Thursday by Mr. M. B, Brown, for the plaintiff, Mr, Kentwell repeated that he was not quiet sure whether or not he signed the liquidator' ly be, dd and possibly the Spanish Consulate and probably the initials of the consul, but, he Jeould not say for certain. Prosumably it was intended that ho jonid sign the account, because 'EL Liquidator" appeared on it. The report was equivalent to he would have rendered if he had; had control of the cash. It was not up to him to approve it. If it had; been a case of him approving it, this action would not have been brought. The only time he knew} there was something the matter] with the payment of money was] when he received a letter from Messrs, Fessenden & Holcomb the same year. He made efforts to get {from Gonzales an explanation of one item in the account. When he first saw the document he assumed it [was correct.
One question drew from the, wit. ness the remark:—"My opinions recommendations frequently ere ignored by the Spanish Consul.
Mr, Brown—You said you had no written instructions to wind tip the company. Did you have verbal structions?—I considered the instructions as contained in the advertisement and on which I took action in the Mixed Court were sufficient. If I had no instructions this advertisement never would have} appeared.
Did you go to the Spanish Consul and ask for instructions, or did he jerome to you?—I can not remember.
Is this statement of fees you' received a correct one?—The first one is $5,500 paid in November, 1921, for legal services.
'The next is a fee for registration' as a Spanish subject, $880?—I have no recollection of this sum.
The next is the annual retainer?
That is correct.
Then the fee as liquidator, Tls. 2,5002—I don't know whether it was taels or dollars.
The last one is a free ax Counsel
or $2,000, There ig one other amount mentioned in the liquidator's report as "fee to Kentwell for by-laws, Ts. 250" 21 don't remember if received. that, 'The fee as liquidator, Tis, 2,500, based, according to. you, on the nominal' capital of the compa Tt was 2 per cent. on the capital was told Twas entitled to that and T'sent ina bill and got the money.
'Mr. Brown at this stage again attempted to introduce a long Jdocument in' Spanish which the ness Sanchez had said was given to him by Gonzales, Init there were references. to other companies registered by Mr. Kentwall, Mr, Kentwell very forcibly objected to its admission, but the Judge ued that paris might be admis Int. Brown was proceeding to put 'a question when the Judge held that it wag not admissible Mr. Kentwell—I agree with your Lordship.
The Judge—Will you please re~ main silent! T now am trying to help you and yet you keep inter~ vupting me. If you continue to do shall not try to help you.
Mr. Brown—About the time in question, about the end of 1921, did you register any other companies in the Spanish Consulate besides this one?—I suppose T did. "T have no clear recollection. I also register. oda commercial company in the British Consulate, Did you register four in. o month in the Spanish Consular Probably T did. Do you see any-Thing wrong in doing good business and making lots of money? That is your impression of it, The Judge—You will do yourself more good by not talking like that, You know that Conse): in cross examination an say all sorts of things.
Mr, Brown—Did any of these companies do any business?—As know, mone of them, These Stock exchanges, which came. up {ike mushrooms,' did no business, They were registered at all Con sulates—French, Spanish, Belgian and all sorts, Did you restrict, yourself to the Spanish Consulate?—I told you fered one at the British Consulate, Is there anything egal about it?
The cross-examination was con ludod.
"The Judge—You have referred to the different names of the company merely a play upon words. Wish to point out to you that, in every letter the Spanish Consulate wrote, they distinguished very clear between the two names.
Mr, Kentwell—1 bog to differ from' your Lordship.
The Judge read several letters from: the Consul and pointed out that in exch ease a clear distinction was made.
Mr. Kenbwell—There are three in which the word "Shanghai" appears, They are addressed to the Consul.
The Judge—I am talking about what the Consul for Spain writes, Nr. Kentwell—Thon there is the Mixed Court file, The Judge—That won't help mo, 1 am pointing out what the Consul says, Mr. Kentwell—The Spanish Consulate have refused me inspection. There must be something in the Consulate, but they refuse to allow ind anything to. be done and claim
the beginning but they went wrong in the ind the end, to be Tight
middle.
Further answering the Judge, Mr. Kentwell said the pli have been in agreement with the winding up.
The Judge—You wrote to Mr. Covey:—"Mr, Chow never gave me instructions to wind up the company.
received my instructions from the Spanish Consulate.
Mr. Kentwell—That would be correct. Mr. Chow came to the office and said he wanted to get his money from the exchange and he wanted to go into liquidation. Then I consulted with the Spanish Consul, There must have been authority for me to wind up.
In the course of re-examination, Mr. Kentwell said:—The liquidation was carried out under Spanish Taw, I take it your Lordship takes judicial notice of the power ofa. Consul in Shanghai. He is like.e tittle, king. That is, in the smaller
Text read from the printed page and cleaned; old type leaves the occasional error.