N° 85 of 1848
Inclosure. No 2 in Besp
DOCUMENTS
whose authority he acted and he answered, By Mr
In the Case of "Regina v. Cole and others," charged Davidson's the owner.
with Piracy, &c. N.B. The interlineations and marginal addition of the originals are printed within brackets.—ED.C.M.
Shanghae, in the Province of Kiang-soo, in the Empire of China, to wit.
The witness handed in the following documents, to which he made oath as a part of his evidence :-
Extract from Log-book of H. M. S. Childers.—Do. of Boarding Book do.—Questions asked by Commander Pitman of Ching-chung-key, the Chinese Admiral.—Do. of the Master and crew of Chinese fishing boat, on board the Spec on 23d June,
Taken before me the day above mentioned.
J. C. PITMAN.
RUTHERFORD ALCOCK, Consul.
The examination of Cutsu-kz, (Ting-koey,) native of the Town of Pil-ke, in the District of H wey-gun, in the Department of faeuen-chow, in the Province Fŭhkëen,—taken on oath, this 29th day of June, &c., &c.*
I am a fisherman by occupation. In the spring of this year, I was engaged by Kwo-kin, a junk-owner of the Town of Pil-ke, to enter on board his junk as net-thrower at the rate of four dollars per quarter; I tsenen-ching or Kintsenen-shing, as I cannot read or do not know whether the junk's name was Kin-write; I only remember the junk's name by sound, tell the number of the junk. and do not know the characters of it; neither can I
We had on board crew of 24 men and four boats. We set sail from Pih-ke on the 3d day of the 3d month, (6th April,)
The following morning, the 23, I went on board the [captured fishing junk; examined her and found that nearly everything moveable had been taken out except two boats. The hatches were lifted up, and a few tubs of live fish alone remained. I observed bound for Chin-hae to fish, where we arrived in the 4th month. We had papers from the Tacping Custom-house, and had our fishing tackle on board. We were armed with 2 matchlocks and 2 small guns about an inch in diameter and three feet long, as a means of defence against pirates. The Junk was above 900 piculs burden. The owner Kwo-kin was on board. During the last month we made two trips
One shot struck
The examination of JOHN CHARLES PITMAN, Esq., Commander of Her Britannic Majesty's Sloop of war Childers, taken on Oath this Twenty-ninth day of June, on the Year of Our Lord One Thousand Eight Hundred and Forty-eight, before me, Rutherford Alcock, Esquire, Her Britannic Majesty's Consul at Shanghae aforesaid, in the presence and hearing of Mariano Alvesto, native of Manila, Juan Nasieu, to the fishing ground off Poseu, the tides being favourable twice in a month for that purpose. On the 19th day of the 5th month (19th June) we again left Chin-bae in company with other fishing boats to the number of some twenty or more; but on account of our junk being larger than the other boats, they outsailed us, and we were left behind. On the 21st or 22d day (21st or 22d June) when sailing alone under Yung-shan, we suddenly saw a foreign vessel astern, which was coming up hailed us; we did not understand what they said, but we answered that we were a junk from Chin-bas, belonging to a Hong there, as we could prove to them if they followed us in. We said this, being fearing that they might think we were pirates, and might attack us.
I then went to the Spec, and I told the master to muster the crew and shew the articles. The prisoner who now answers to the name of Ephraim Francis did not answer to any name in the articles.
I saw being only one of the crew, I do not know the name of it, though I know the parties conducting it by sight. I asked what had become of the crew of the fishing junk and he answered, they were in the fore-hold. I ordered them on deck, and they were brought up, some of them with their hands tied; several were badly wounded: these I examined with the Surgeon of the Childers. I asked Mr Cole if he had examined the papers of the junk? He and the [Chinese] pilot pointed out the master of the junk, who produced the papers sewn inside his jacket. I told Mr Cole I should take as many [of the junk's crew] as he wished on board the mandarin junk, and recommend him or his mate to be present and hear the evidence. Everything was taken down in writing.
We had heard that two foreign pirates, but beyond that knew nothing about them. vessels were employed to protect the fishery from
I asked the crew of the fishing junk what had become of the cargo, their clothes, &c. they answered, The rice, arms, and several boxes, had been taken on board the Spec, and Mr Cole pointed several out as the property of the junk. I asked if they had been plundered? They said, Something had been taken on the junk. I asked if they had been ill treated? They said, Five had been killed, and some thrown overboard. They then rushed below, made all of us fast, and passed us up on deck. I saw them throw overboard Kwo-kin's dead body. Kwa-nae, being in great agony, was calling for some one to put him out of his pain, and I saw one of the foreigners thrust at him with a sword and throw him overboard.
I also saw the foreigners take up Kwo-fun in order to throw him overboard, but he struggled with them, caught hold of the bulwarks of the Junk. They then cut him down and threw him overboard, and among others [one] who is now here, having received injury from a grape shot in the foot. He stated that if this man in his feverish state was left on board and that his life would be in danger. I therefore said he should be removed to Shanghae, and brought him on board.
I told Mr Cole to pick out two of the men of the junk, and either come himself or send his mate; he sent the mate the pilot of the Spec and Dr Rogers round among the prisoners, he pointed out the prisoner answering to the name of Ephraim Francis, and said I am certain this is the man." [R.A.] Two others of the crew, Kwo-wei-tow and Kwo-ming, are missing, but I do not know what became of them. Before throwing Kwa-kin overboard, they took from his neck a silver chin. After having thrown the bodies overboard, they searched the vessel and took away a box-pillow belonging to Kwo-kin which contained his opium and smoking apparatus. about six stone of rice, of which they afterwards returned two, and
He asked the junkmen a great many questions— pronounced them to be innocent, and wished them to be released. I asked what should be done with the arms, if I should return them to the junk? he said they had a right to a certain number for their own protection; that half should be given back to the crew and the other half he would keep. He requested that the junk and any property belonging to them which might be on board the Spec should be restored to the liberated men, and asked them where they would go? and they replied, To Chin-hae direct, to represent their case to the authorities. I told him that I should take the Spec to Shanghae.
I asked if he had any complaint to make against the Spec? He said she had no right there no right to fire into the junk, and that English vessels were constantly doing the same. I stated that I regretted it exceedingly, that it was contrary to the laws of England, and if he could point out any other vessel similarly engaged, I should feel it my duty to take her. In reply he stated he was equally sorry for it, but it was a very bad affair.
On the morning of the 22d June, standing up for the Ruggeds in H. M. Sloop Childers, I observed a schooner in company with a Chinese junk standing in for the south end of the Ruggeds,—it falling calm we were obliged to anchor between two or three miles from the schooner. The schooner and the junk anchored in a bay where there were three men-of-war junks; the schooner afterwards went alongside the junk and began discharging every thing out of her; a quantity of useless things, such as planks, matting, &c., floated past for several hours, and was reported to me by the officers. I weighed about 4 P.M. and proceeded to where the schooner was at anchor, and I immediately sent an officer on board the schooner, Mr Berkeley, to desire the master to come on board with his log and papers. Mr Cole, now present, came, I asked him if he was the master of the schooner Spec? He answered, For the time being; also asked him what he was doing there, and what reason he had for molesting the junk? He then stated that he had taken her the evening previous; that she was a pirate. I asked him what authority he had for doing it? He answered, None, but the Pilot had told him she was a pirate. [I asked him as he sailed so well why he did not go alongside of her, instead of going ahead as he stated and firing into her, as it was well known a Chinese junk would not have escaped, and that he ought to have hailed her and said he wanted to examine her.—R.A.] He voluntarily stated that several [of the crew of the junk] had been killed and wounded by their shot.
I asked him if he was aware of the serious consequences of what he had done? and he said, No—that he saw no harm in it, that the same thing had been done before. I asked him repeatedly if the junk had in any way molested or interfered with or fired at him? He distinctly said, No. I asked him why, if the junk was a piratical vessel, he had not called upon me or the Chinese war junks to take it, as I had been in sight more than 14 hours? He said he did not know." I asked him were he had captured her, he said a short distance from where we had anchored in the morning to the Westward. I asked him why two boats were alongside? and he answered they had been assisting in towing her in. Those two boats immediately saw us approaching, sailed away towards the Chusan Group—they had obviously been taking the plunder from the junk. As the ship's company for several hours saw the more valueless contents float past,
I told Mr Cole that he had committed a very serious offence, having by his own account killed and wounded several Chinese subjects, and that it was my duty to detain him. I asked him where he was from? He stated from Ningpo. Where he was bound? he answered, Nowhere he was going to look for his consort the Dido. to supply her with Powder and Shot. I asked him if he did not know that he could not be sailing about without being bound for some port: he said. He did not. Asked whether he had put in for stress of weather? and he said, No. I then referred to his articles, and asked him why his name was not there, as he represented himself to be the master of the vessel? He stated he was only there for a time while some one was sick.
I then said I should examine his ship the following morning, and asked him if he had any papers to shew what brought him there? He said he had one.
*The names of the Seamen are so illegibly written, that we are by no means certain all of them have been correctly deciphered.—ED. C.M.
I then returned to the Spec, and saw part of the arms of the Junk returned in one of the Spec's boats. I told Mr Cole that the junk's papers were all perfectly correct, that the men were innocent men, and they with their property must be immediately sent on board their own vessel, Mr Cole then turned to the pilot and said, "What a nice mess you have got me into;" and I then asked the pilot if he had said she was a pirate, and he replied, No—that he had only wanted to examine her. I asked Mr Cole who paid him? He said he did not know, believed he was put on board and paid by some Chinese merchants.]
The men of the Junk afterwards sent a complaint that everything had been taken out and the shot-holes were visible through their sails.
the few cash I had in it. These things I saw them take, but I cannot say of my own knowledge whether they took anything else. They then directed us to accompany them to Yung-shan, and when we approached the land, two boats from the foreign man-of-war boarded us, and asked for our papers which we shewed them, but they, not understanding them, took them on board the mandarin's junks of which there were several anchored under Yung-shan. One of the men-of-war boats returned again, and took two of our men, one a helmsman and the other a sailor, on board the mandarin's junk to be interrogated. in his cap, asked them when we had left Chin-hae, with what Hong we were connected there, what places we had been to, and what fish we had caught? These questions being answered, he then returned them the papers of our Junk, and told them they might depart, and that we might return again to our fishing. The two men were brought back on board our Junk in the man-of-war's boat; we then prepared to return to Chin-hae, but I was taken on board the man-of-war, where they told me that I should go with them to Shanghae, and that my wound would be attended during the time I was on board. I was treated with the utmost kindness to there.
True Interpretation,
HARRY S. PARKES, Interpreter.
Taken before me the day above mentioned,
RUTHERFORD ALCOCK, Consul.
*It would be superfluous to repeat the introductory form, which is given with every deposition before the Consul, and printed at length with Capt. Pitman's evidence.—ED. C.M.,
Page 150
Page 151
Copy of Despatch from Mr. Consul Alcock reporting
the
case of the "Spec."
6th July, 1848.
I