The Ontario Scrapbook Hansard

Ontario Scrapbook Hansard, 2 May 1913, p. 4

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\ i qp@p 3551 5. * _ CCvVIit ALlLIEempt to di-- vert attention from the unprecedent.-- ed, unjustifiable refusal of the com-- mitteéee to permit my counsel to put in evidence to prove my case is on A par with these obstructive proceea. Ings of the majority of the commit. "Thig very palpa vert attention from ed, unjustifiable re! mittée to permit n "i . .3 . UC UFVOR (fhe statements of Mr. Thorne--upopn whose award, without any evidence, $21,000 of the money of the Province has been paid out--up-- on the public documents and records, and the statements of other witnessesg having no relation whatever to Mr. Maisonville . "Tre Tact that this statement in writ. ng was contained in a communica-- tion from Mr. Thorne to Mr. Maison. ville has no bearing whatever upon the truth or falsity of the charges w hich rest not <upon any testimony Mr . Maisonvill, could &ive, but upon the statements of Mr. Whorne--upopn WwAhose award, without any evidence, $21.000 nf tha maan. is § 1 ces 1t90f UJVTr. Heéeamue. I have never | had any communication with him, di-- I'N'('L or indirect, and I do not believe ; any of my colleagues have had any | commumcation with him in connec-- tion with the charges brought betore | the House, I have no knowledge that | there are any facts within his knowl-l edge upon which he could Sive evi~ Gence to the committee relative to the issue. My charges are based, in part, on a statement in writing, made shortly after the conclusion of the ar-- bitration, when the matters were a} fresh in his mind, by Mr. Thorne, Mr, Hanna's condfidential accountant, ad. viser and arbitrator, which statement Mr. Thorne swore before the com--| miltee to be true, but which was | not permitted to put upon the records of the committee, by reason of the enUureiy unjustitiable rulings of the committee . Has No Bearing L i C HT Eoo es . ToE cept the suspicious mind of Mr. l'roudtoot would take it up . mr. Proudfoot said: "I do not know Mr. Maisonville except to have met him on a few occasidgs when he was sec-- retary for Dr. Réamue. I have never had any communication with him. Ai~ (CF. »uut whasr ue _ _ _ _ _ "Ormds . NOA ~WUARUCU ; IMAPY 10 a sympathetic audience by party (:::Tb]'('"(-(\s, ;i_ml] m;l};ie-(]'"lz:::'?. audience that had ably SUpporic brought the caarges into > sC, % o } reflecting upon a man to whom the | 'tacti(s in shutting out proper in Province owes a great debt of grati-- ; into the Proudfoot charges. Mr tude," £ MF; Kesbitt | wart, counsel for Mr. Proudfoot, i * lusi Df Mr. Nesbitt's wWith the cone lusion « cCeBt f 'not present, but when the conter recapitulation, with the exception o | . 4 making a report, the duties of the | Mr. Nesbitt's remarks were | 1 committee came to an end. ('halll';'known, to him, the following 1 f 3 clare ¢ rould man Ferguson decl ired that he"w h 'was sent to the defence counsel:. need time to consider the evidence | artgr o 4 o ' before making his recommendation. | Wallace Nesbitt, ESQq., K. C., P '"*Well, gentlemen, you will have 4n | Life Building, Toronto: h i+y» v «i i a VJA as # npealunit? of considering the 1 o.{. "Dear Sir--My attention has dence taken here, and I would sug--| o gest that an adjournment be made | called to the extraordinar;y until 'Tuesday, May 6, at 10 a.m. In \ inexcusable language which You | the meantime I will -- undertake to jseen fit to use in your remarks summarize the whole facts and give , fore the committee this morning -- you my views, which will enable n# jreference to my conduct as cou to draft a report to the House, which |to Myp Proudfoot. If you did will be presented in due course. know the truth there might be s excuse, but you know full well 0 | feg » * Foot . * ® Sstatement from Mr. Pronud . there were many documents w After Mr. Nesbitt had made his (~.\ were not produced even on the m« Parte address to the committee, Mt: {ing of the fTirst day of the sittin Proudfoot issued a S"'"':"c';]' (\j\':]!:a:i: that there were many documents I lerence to the remarks he ha L {f |dueced which counsel had had no Mr,. Proudtoot was not present a ¥d , $ & . > Elec.|f portunity to examine and which -- the Committee on Privileges and Wlec. 3 P n k> int tions during Mr,. Nestitt's adaress,| had in your own brief, and that and his attention was drawn to the|reason of the action of the Chairn statement made by Mr. Nesbitt, that|in following your cue there are do Mr. Maisonville was his informani, |ments which it has been impossible the real author of the charges, anau examine even yet. that no one else in the Province ex-- M¥ a¥4 e on T E: dehadih indsullcalisths &A i & 2200 °000 PCO AR for months and months since _ he jfnund that he had the ability to make | such statements. He hawked _ his information all over the Province, | which was refused by honest men un-- til it finally lodged in the mind of my friend, Proudfoot, which was blinded by party differences, and subsequently brought the caarges into the House, reflecting upon a man to whom the Province owes a great debt of grati-- . tude," t With the conclusion of Mr. Nesbitt's recapitulation, with the exception of making a report, the duties of the committee came to an end. Chair-- ; 33. _ O , @(CAIUR LiiUUGEdAL iI@WYET, was that Mr. Hanna acted in a niggardly man-- ner towards his client, and was hos-- tile to the payment of ail of Taylor's claim. Mr. Hanna was anxious to make a record in his department for eMciency, etc. You have seen the effect on a suspicious mind of the vilest of one of God's creatures who has pursued the course we have seen for months and months _ since -- he found that he had the ability to make such statements. He -- hawked his nformation all over the Province. P m o e ind one . 2 t amn donates the money hbenefits in goods in consequence of his gift, thus ob-- taining a corrupt advantage over the people of this Province. The evidence adduced from Mr. Montgomery, him-- self a leading Liberal lawyer, was that Mr. Hanna acted in a niggardly man-- ner towards his client, and was hos-- file I0 Ihe: HAX¥MARE aF alt ~b Mieet. ill LOECT TV lla' before the withdr (meaning Messrs, foot) every shre gone. Mr. Cartw the fiat charge, a destroyed the othe tend to say that $500 for party fu is only improper donates the mana Province for his boid a honesty, Says the Case Was Gone '"I want --to again emn Py palpable atte ant to again emphasize that the withdrawal of these people ng Messrs. Dewart and Proud-- very shred in the case was Mr. Cartwright had destroved charge, and Mr. Thorne bad d the others. We do not pre-- say that the receipt of the r party funds is improper. It his bold and -- rugged if the party who '"Had you not delayed the progress flof the case by your suggestion of set~1 ;; tlement, which was afterwards re-- {jJected, and which I did not approve | { of, but felt it my duty to subimit to . || my client, T might have concluded | | the examination _ not only of Mr.! 'Thorne but of Mr. Taylor on Monday. I have submitted to newspaper criti-- cism which has suggested that 1 was trying to gain time, but your remarks make it necessary that the truth should be known. When you failed to stifle the inquiry by a suggestion of settlement you accomplished _ your purpose by securing the ruling out of evidence that left a self--respectingx counsel no option but to withdras and leave you in sole possession of a field of oratory in which no one desires to dispute your supremacy. \--_"I can well understand that when | your motives and methods have been |laid bare to the public gaze you are | disappointed at the result of your tac-- tics, but I had expected a higher _sense of professional decency from _one whose brief judicial experience i. | *'"'Wallace Nesbitt, Esq., K ( 4n | Life Building, Toronto: v'i~ A * &' "Dear Sir--My attention de | called too the extraord| In | inexcusable language which to jseen fit to use in your req v¥a { fore the commilham *liem 22 nl. ransy,. . _"(_ PUFPOSG Oof examining papers, was mainly by an under-- standing between yourself and my-- self so that a proposal which you made for the immediate shortening and settlement of the whole matter might be considered by Mr. Proud{oot and his friends. s guest for the purpose of papers, was mainly by standing between yourse} self so that a proposal _ made for the immediate '"*You know further that the ad-- jJournment which T asked for on Mon-- day afternoon and which was granted for one short hour, during which I had the opportunity to look over some of the letters, while granted at my re-- JUCSE 'IOr ILho BHIIPRDAGE ABF aualslmcg " s *"It i!l becomes you to speak of a 'pretended inquiry' for books and pap-- ors when you know that upon the sworn testimony importanfiocuments are still missing, apparentPy tost or mislaid while in the custody of your understudy, Mr. A. M. Stewart, who had been appointed to act for the ?overnment in the Taylor--Scott mat-- er. 1 | called to the extraordinary -- and| \ inexcusable language which you have| seen fit to use in your remarks be--| fore the committee this morning with| | reference to my conduet as counsel. to Mr. Proudfoot. If you did not| know the truth there might be some | excuse, but you know full wel} that| there were many documents which} were not produced even on the morn-, ing of the first day of the sitting-- that there were many documents pro--| duced which counsel had had no op--| portunity to examine and which you | had in your own brief, and that by | reason of the action of the Chairman in following your cue there are docu-r ments which it has been impossible to ¢ examine even yet. I | "It i!l becomes you to speak nf a mememneenmnsemcmmmenes Mr. Wallare Nesbitt bhad it all his,' own way before the committee yes-' terday morning. lHe made his sum-' mary to a sympathetic andience, -- an audience that had ably supported his! Says He DEWART IN OPEN LETTER UNCOVERS NESBI TTS TACTICS He Kept Documents in His Examination--Mr. Nesbhitt in --My attention has been Ci11gihs were made the following letter defence counsel:-- "It is a poor case indeed that re-- quires not only such extraordimary laCtis in the committee, but the use of vitriolic language -- and personai abuse by a counsel whose supposen standing at the Bar should put above the necessity of using such tactics for the defenre af any client. He appears to have realized the desperate straits in which he found himself 0n Tnesday night at the concluston -- of -- mr. Fhorne's evidence." tee itself . . Proundfoot, was i the contents of proper inquiry L. C., Home --Mr. Nesbitt in a Letter i Denies the C harge . De-- should he sorry to see c ant relations for many ed by such a matter. Yours very (Sign('d, WALLAC] I hope that you will be the first to say that your letter is absolutely uncalled for and that its tone is dis-- tinctly that of a person in temper. I ne also, at your request, ; peatedly at the sittings o mittee on Privileges and I the same purpose, but wa by vyou, tions, I have no papers. Your reference my understudy is tinence. Mr. Stew esteemed member who has no spe me. He, !I may most emphatic w ments were lost « his custody. PFur tendered his evid Committee on Pu was' refused hy he also, at vour re 1 2 _ im ut soleliy in my view as to what was due from a member of the profession to a member of the pro-- fession in view of the very plain facts. As In UAUP aiatamemmk «t is ight Cartwright's Mr. Montgo Taylor, to tel} Dear Sir,--Youyr; made no offer of gested to you th _in view of your unca tack upon me 1 propose t lic know what I have w1 '"Yours truly, "{Signed). H. H. Mr. Nesbitt Makes Reply H. H, Dewart., Fsa C C might of you,. '"In | ( "~7~"U 4 1S8d., IK.G., Toronto: r Sir,--Your letter received., I no offer of settlement. 1 sug-- I to you that in view of Mr. right's evidence I would ask . Montgomery, solicitor fop Mr. , to tell you what he had told me the facts about the case, and thought it was only proper for roudfoot, as a member of the well justify a different our statement about have no knowledge Mr. Stewart is a member of the no special rel erence to Mr. Stewart as Brief Which Delayed mlewart is a very highly mber of the profession, _ special relations with may say, states in the ic way that no Aocu-- lost or mislaid while in Further, Mr. -- Stewart evidence before -- the n Public Accounts and hy Mr. Proudfoot, and ur refuest, attended re-- he sittings of the Com-- ; °K. H. D]']\\'ART." es Reply, "sq., K.CG.; Toronto:® ur uncalled for at. ropose to let the pub-- have written to you. piece of imper-- our very pleas-- years disturb-- in Reply 2 NESBITT. truly, Ilections for s not called produc-- of any epinion

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