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give evidence of some conversation he had with his own client, a privileged communication and should not be admitted.

COURT: It is privileged, but if Counsel chooses to waive that privilege, I don’t know that I can interfere Mr. Russell.

MR. RUSSELL: His client does not waive it. I am here appearing as representing the Complainant and he does not waive the right which he has. His Counsel retains his confidence.

WITNESS: I appeared for Lem How and both cases were adjourned for a week; that is possibly the way I should put it. I then went down to Canton street with JimLung to go near the scene of the fight, and I made certain measurements and saw where the fight had taken place and as I was getting through, the Informant came; he had a cut across the nose. The Accused was present and two or three other Chinamen gathered round. I don’t know their names, I don’t see them here, and I had a talk with the Informant. I asked him how he got his nose cut.

MR. RUSSELL: Objected to.

WITNESS: He said he didn’t know, he thought it was done either with a finger nail or a stick during a fight. I asked him if he was fighting with the Accused, he said “No” “The accused” pointing to the store where the accused’s brother was wounded “was there and I was up here” a distance of thirty or forty feet further up the street. I asked him if he had any fight with the Accused’s brother. The deceased man. He said “No, he was over there and I was up here and everybody was fighting and I think either the stick hit me on the nose or somebody hit me with a finger nail”.

230 Q Did you ask him whether the Accused had a hatchet, a weapon?

MR. RUSSELL: Objected to. That is certainly a leading question.

COURT: He says the mark on his nose was caused in a certain

BC Archives GR-0419 Box 193 File 1914/195 / BRITISH COLUMBIA. ATTORNEY GENERAL. / Attorney General documents.