Captain PITMAN recalled, and asked if he could identify the last witness Ching-ke? Answered, I am, and corroborate the greater part of his evidence.
J. C. PITMAN, Taken before me the day above mentioned,
RUTHERFORD ALCOCK, Consul.
Shanghae, &c. The examination of WILLIAM LOCKHART, Surgeon, taken on oath, &c., &c.
The last witness Ching-ke was brought to me [at the Chinese Hospital] from H. M. Childers on the morning of the 16th inst., with an injury to his left foot. Apparently a musket shot had struck him on the first joint of the great toe, breaking the bone and laying open the joint. Sloughing had commenced, and great formation of matter around the wound and behind. I consider it a dangerous wound, and that his life is in danger from it.
WILLIAM LOCKHART, M.R.C.S.
Taken before me, &c.
Shanghae, &c.
The examination of WILLIAM ROGERS, M.D., Surgeon of H. M.'s S. Childers, taken on oath, &c., &c. I went on board the Schooner Spec by Commander Pitman's order on the 23d instant. "I saw three wounded Junkmen, one of them the witness recently examined, Ching-ke, and the other two had only received contusions and the injuries were slight. I asked how the injury had been received? The prisoner present, William Cole, said he thought it was by a grape shot. I heard William Cole say that he had fired into the Junk. I considered it necessary that Ching-ke should be removed for treatment, as the consequences of such wounds are frequently dangerous. I heard the answer of the Admiral interpreted to Captain Pitman, that the Junk in question was a proper Junk, by which I understood not a piratical vessel.
WILLIAM ROGERS, M.D., Surgeon.
Taken before me, &c.
Shanghae, &c.
The examination of JOSHUA BERKELEY, Esq., mate on board H. M. S. Childers, taken on oath, &c.
I was sent to board the Schooner Spec this day week (22d June) with orders from Captain Pitman to ask the master what his business was there, and what was the communication he had with the Junk astern of him to which he replied that he had been commissioned by Mr. Davidson to convey some shot down to the Ding and he had captured the Junk the day previous and brought her in to the Ruggeds. I returned with this answer, and was again despatched with orders to the master to be on board H. M.'s S. Childers with his Log and papers within half an hour. The next day I was on board the Junk and saw the marks of several shot holes in her side and one in her stern. She was empty, I only saw some nets and bait on board.
JOSHUA BERKELEY.
Taken before me, &c.
SHANGHAE TO WIT,
The examination of George Johnson, native of England; Mariano Alvesto, Juan Nasicio, Jan Nacion, natives of Manila; Levis Sept, native of Antigua; Striano de los Santos, Lucas Manoel, natives of Manila; Ephraim Francis, native of England; Lorenzo Santos, Mariano Augustine, Gabriel Calistro, Sebe Mariano, natives of Manila; Lith-Ayih, native of Chusan; Ching-Lea-Ching, native of Ningpo; Al-Aneung, Wang-Yuh-Fa, natives of Chusan; William Cole, native of England; Yum-Ching-Ming, native of Chusan Taken this twenty-ninth day of June, in 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, the said George Johnson, Mariano Alvesto, Juan Nasicio, Juan Nacion, Levis Sept, Mariano de los Santos, Lucas Manoel, E. Francis, Lorenzo Santos, Mariano Augustine, Gabriel Calistro, Sebe Mariano, Li-Ayih, Ching-Lea-Ching, Ah Aneung, Wang-Yuh-Fa, William Cole, being charged before me the said Consul on the oath of John Charles Pitman, Esquire, Commander of H. B. M. Sloop Childers, for that on the 1st day of June, in the Year of Our Lord One Thousand Eight Hundred and Forty-eight, being on board a certain vessel or schooner called the Spec in a certain place on the high seas near the sand called the "Ruggeds" on the coast of China, did piratically, feloniously, and violently with force and arms, attack, board, and take possession of a certain Junk or vessel, the property of a certain Chinese subject named Kwo-kin, the owner thereof, and did feloniously fire into the said Junk or vessel, whereby the said Kwo-kin the owner together with several of the seamen on board thereof were killed, and did take and carry away certain stores and apparel belonging to the said Junk, and certain Goods and Chattels belonging to the said owner and divers of the seamen on board. And the witnesses against them being examined in their presence, they are now asked by me if they wish to say anything in their own behalf; whereupon they answered they had no defence to make.
RUTHERFORD ALCOCK, Consul.
Shanghae, &c. The examination of KEW-TSAK-KIN, the day of July, &c.
I was put on board the schooner Spec by a public body of Chinese merchants, and took no pay from the master of the ship. A Junk had been hailed to let down her sails, and not complying, a shot had certainly been fired into her.
Taken before me, &c.
RUTHERFORD ALCOCK, Consul.
I, John Charles Pitman, Commander of Her Majesty's Sloop Childers, do solemnly declare that the above is a true statement of my Questions, and the Answers made to the same. In witness whereof I hereunto attach my signature this 23d of June, 1848.
J. C. PITMAN, Commander.
I, George Taliaferro Dormer Andrews, Clerk of Her Majesty's Sloop Childers, do declare that the above statement was truly taken by me this day on board the schooner Spec at
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anchor off the Rugged Islands.
In witness whereof I hereunto attach my signature the 23d day of June, 1848.
G. J. D. ANDREWS, Clerk
Questions asked by Commander J. C. Pitman, of Ching-chong-ke (the Chinese Admiral in charge of 7 junks), on board his vessel.
Rugged Islands, the 23d of June, 1848
Has the English schooner Spec any right to be here?-No.
Whether he knew what the English schooner Spec was about there?-Did not know.
Did he know whether the Junk taken by the Spec was a pirate or not?-Did not know.
Did he know what the schooner Spec was about with the Junk?-Did not know.
Whether the Captain of the schooner had brought any of the crew of the junk on board to him, or made any complaint to him relative to the junk?-
What became of the crew and cargo of the junk?-Taken on board the Spec, he believed.
Is that English schooner any right to take the junk?—No
Did he know why the Captain of the Spec did not bring the crew of junk on board his vessel?-Did not know.
After the 2 Chinamen belonging to the junk and the mate of the Spec had been taken on board the Mandarin's junk, the following Questions were asked.-
Whether the papers of the junk were correct?—They are all proper and correct, and signed by the proper authorities.
Is any complaint to make against the schooner?—No.
What cause had the schooner Spec to take that junk, whether it was proper to do so, and if the Chinese Mandarins like it?—The junk's papers are proper, but she had no business to have so many arms on board. The English vessel did wrong to take her; she has a right to carry arms. If the Chinese Admiral likes, the arms shall be returned to the junk—Part of them.
If he likes, remainder shall be sent to him or thrown overboard?—To be sent to him. Which was done.
Captain Pitman then told the junkmen that their junk, rice, and part of their arms, would be returned to them, and they would be allowed to go on with their fishing. They said they would return to Chin-hai.
Captain Pitman told the Chinese Admiral that the English schooner Spec had fired into the junk and wounded 3 men, and that one of the wounded men would be sent to the Shanghae Hospital for medical treatment. He said it was a bad affair, but was much obliged.
Are you now quite satisfied that the junk is not a pirate? Yes, she is a fishing Junk of Chin-hae.
I, John Charles Pitman, Commander of Her Majesty's Sloop Childers, do solemnly declare that the above is a true statement of my Questions and the Answers made to same, &c. In witness whereof I hereunto attach my signature this 23d of June, 1848.
J. C. PITMAN, Commander.
I, George Taliaferro Dormer Andrews, Clerk of Her Majesty's Sloop Childers, do declare that the above statement was truly taken by me, this day, on board the Chinese Admiral's Junk at anchor off the Rugged Islands.
23d day of June, 1848.
In witness whereof I hereunto attach my signature the
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G. J. D. ANDREWS, Clerk
EXTRACTS FROM THE LOG-BOOK OF THE SCHOONER SPEC.
Redusduz, 1 June
A. M. weighed, saw a junk to the southward—the pilot wished us to see what she was
and took her, towed her back to the Ruggeds and anchored. 9. A. M., came up with her; she proved a pirate, boarded her. At 6 P. M. took 18 men and one boy, confined them on board.
Thursday, 22d June
A. M. hoisted out the schooner, and put two boats out, one of which got adrift and was lost; 6 P. M. went on board the junk, brought her nearer the
was lying 5 miles to leeward of us last night. Took out almost every portable article.
A. M. Brig Childers anchored to the southward.
St. p. 52. s. hove up the junk's anchor and took her closer in-shore. The Commander of H. M.'s Brig Childers came on board to see the papers—not finding them correct,* ordered us to Shanghae with the junk.
Friday, 23 June.
All our prisoners on board the junk and let go except the man wounded in the toe, who was taken on board H. M. S. Childers.
This appears to be an expression of regret. It had been originally
and (Indignant), having been imbecile with the loss of masters being scored out.. E. M.
EXTRACTS FROM THE LOG-BOOK OF H. M. SLOOP CHILDERS.
Thursday, 22d June, 1848.
"A. M. 6, observed the English schooner Spec standing for the Eastern anchorage under the south Ruggeds (Falls.) with a Chinese junk in company with her; apparently discharging de-
bris and other things into the water; 11.50, observed the schooner Spec alongside the junk,
G. I. G.
Friday, 23d of June, 1848. A. M. "The schooner Spec of Hongkong having been mustered, her Articles and Log were found not to be correct. the master's and several of the crew's names not being registered the junk which she had taken possession of was liberated by order of Commander Pitman. took one of the wounded Chinese
on board.
P. Chinese Admiral visited the ship. Saluted him with 3 guns. Protested against the schooner Spec of Hongkong for having taken the (alleged) Chinese Junk, killing Five men, and wounding Four."
EXTRACT FROM THE BOARDING BOOK OF H. M. SLOOP CHILDERS.
Date, 3d June, 1848—Name of Vessel, "Spec."—Master, Wm. Cole—Owner, Davidson of Ningpo—Where from, Ningpo—Bound, Saddle Island, one of the Ports of
Trade—Belonging, Hongkong—No. of Days out, 3.—Registered Tonnage,
1.—7. 10—Guns, 9—Jungting, No Cargo—No passengers
Nation, English—How rigged, Schooner—Marks, The master, mate, and three men, not on the articles; one English seaman on Register Ticket; no registry of arms, and has on board 9 guns, 28 muskets, 5 Pistols, 10 cutlasses, 4 pikes, and 5 spears; 9 Chinamen, and 1 pilot not on manifest
(True Copy,) J. C. PITMAN, Commander.
LIST OF JUNK'S ARMS.
This is to certify that Ting-ke, the wounded Chinese brought to the Chinese Hospital from H. M. S. Childers, is still under my care. There is less inflammation of the foot then there was, the progress of the Sloughing has ceased, and several small portions of bone have been taken away from the wound; but he could not go to Hongkong, without great danger to his life.
WM. LOCKHART, Surgeon.
Shanghae, July 4, 1848.
Questions asked by Commander Pitman, of the master and crew of a Chinese Fishing-junk on board the Spec, of Hongkong, in the presence of Mr. Cole the master, the mate, and crew of the Spec.
Rugged Islands, the 2d June, 1848
From whence did the junk come?—From Chebac.
Where are your papers?—We produced them.
How came he to have so many arms on board?—To protect himself from the pirates outside.
What became of all the things belonging to the junk?—Rice, arms, and some small boxes taken on board the Spec.
Whether any person belonging to the Spec had taken anything from them?—Only the rice, arms, and small boxes.
Have any of them been beaten on board the Spec?—No, except wounding them by firing at them.
Had they had plenty to eat on board the Spec?—Yes.
Did the Spec fire shot at the junk?—Yes, and killed 5 and wounded 3 men.
How many men lost?—The 5 killed, one of their heads was blown off.
How many men in the junk when she left port?—24—19 were on board the Spec.
Has he any complaint to make as to the treatment received from the Spec?—No, only they were innocent of the charge of being pirates.
Where was he when the Spec took him?—Off the Ruggeds at the fishing station.
Captain Pitman told them that he would take 2 or 3 of them on board the Mandarin junk to be examined, and if they were found not to be pirates they should be allowed to go away.
The Pilot of the Spec was asked.—
How he knew that these men were pirates?—Because they fought the fishing boats.
The Master of the Spec was asked,—
Who sent the Pilot on board?—The Chinese merchants at Ningpo, and hired the vessel.
Did the junk attack or molest you?—No.
The following is a list of the arms I saw on board the
Junk.
5 Gingalls
5 Tahious
Matchlocks
10 Pikes
J. C. PITMAN, Commander.
British Consulate Office, Shanghae, 31 July, 1848.
Sir,
I have the honour to return the Log Book and Papers of the Schooner Spec detained by you on the 23d ultimo, for acts of Piracy and breach of existing Navigation Laws, as set forth in the evidence taken before me on the 29th ultimo, on the charge preferred by you against the master and crew of that vessel for Piracy and Murder committed on the high seas. You will be good enough to hold these Documents available for production in evidence at any Trial that may take place in the Supreme Court at Hongkong.
I have further to request that on the arrival of the Prisoners at Hongkong, the officer in Charge will report the same at the Superintendency, deliver the enclosed Despatch, and act in reference to the disposal of the Prisoners as Her Majesty's Plenipotentiary shall please to direct.—I have the honour to be, Sir, your obedient servant,
RUTHERFORD ALCOCK, for Consul.
(True Copy, FARD. HOWARD)
To Commander J. C. Pitman, R.N., H. M. S. Childers.
By J. C. PITMAN, Esquire.
You are to allow no communication with the Prisoners except in writing through you. You will be furnished with a list of the master and crew, and all the necessary papers.
on reporting yourself and the number of Prisoners at the Superintendency's office there, where you will deliver the enclosed Despatches for His Excellency the Governor.
Given under my hand on board the Childers at Woosung, the 3d July, 1848
J. C. PITMAN, Commander,
To Lieut. G. T. Graham, of H. M. Sloop Childers.
CHIEF MAGISTRATE'S OFFICE, HONGKONG.
Before C. B. HALLER, Esquire, Chief Magistrate, and
TUESDAY, 12TH SEPTEMBER, 1848.
a Commissioner of the Court of Admiralty,
BRISAT
1st Prisoner, WILLIAM COLE, of Pembrokeshire, master of the Schooner Spec,
2d Prisoner, GEORGE JOHNSON, of London, mate of Schooner Spec
3d Prisoner, EPHRAIM FRANCIS, of Maldon, in the county of Essex, gunner of the Schooner Spec
4th Prisoner, No. 1 JOAN IGNACIO, of Staunbogan in the Phillipine Islands, seaman of the Schooner Spec.
5th Prisoner, MARIANO AGOSTIN, of Seeboo in the Phillipine Islands, Seaman of the Schooner Spec.
6th Prisoner, LORENÇO SANTOS, of Calibo in the Phillipine Islands, Seaman of the Schooner Spec.
7th Prisoner, MARIANO ALBERTO, of Iligan in Luconia Island, Seaman of the Schooner Spec.
8th Prisoner, MARIANO DE LOS SANTOS, native of Seeboo in the Phillipine Islands, Seaman of the Schooner Spec.
9th Prisoner, LUCAS MANOEL, native of Bigan in Luconia Island, Seaman of the Schooner Spec.
10th Prisoner, ERO JOSER, native of Antigue in the Phillipine Islands, Seaman of the Schooner Spec.
11th Prisoner, GABRIEL CALISTRO, of Santa Luzia in Luconia Island, Seaman of the Schooner Spec.
12th Prisoner, No. 2 JOAN IGNACIO, 30 years of age, of Soorgegas in the Phillipine Islands, Seaman of the Schooner Spec.
[Juan Ignacio the first, named above, describes himself as 26 years of age.]
13th Prisoner, BUENAVENTURA MARIANO, of Sambaangar in the Philippine Islands, Seaman of the schooner Spec.
14th Prisoner, KWOK-AN-VEE, 14 years of age, of Chusan, domestic servant.
15th Prisoner, LE-AN-VOOK, of Chusan, cook.
16th Prisoner, WONG-KAT, of Chusan, servant to a Seaman.
17th Prisoner, YUM-CHAONG-MING, of Chusan, domestic servant.
18th Prisoner, YOW-CHAY-CHING, of Ningpo, seaman.
1st Witness for the prosecution, JOHN CHARLES PITMAN, ESQUIRE.
On the 22d June last I was on board and in command of Her Majesty's Ship Childers off the Ragged Islands on the Coast of China, in Latitude about 30 North; do not recollect the Longitude. At six o'clock on the morning of that day, the Childers being then about
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five miles from the shore, I saw a schooner and a Chinese junk was in company with her; looking with the glass I judged the junk to be almost a quarter of a mile from her, but it was impossible to judge correctly at that distance; the junk was standing into a bay, in the same way as the Spec (afterwards found the schooner to be) The junk and the schooner between 8 and 9 that morning anchored in a bay there close to each other; in the bay were three mandarin junks and some fishing-boats. It was calm, and we were obliged to anchor at A. M. between two and three miles of the schooner. During the forenoon we observed the schooner and junk apparently alongside of each other. I saw that some things were being discharged from the junk into the schooner, and refuse, floated past the Childers; from the direction in which they floated I supposed they had been thrown over from the junk; the tide flowed in a right line between the junk and the Childers. At 4 P. M. that day I weighed and made the Childers down to the schooner. I anchored about half a cable from her, and found the junk about half a cable's length nearly astern of her. I found the schooner to be the Spec. In consequence of a message sent by me on board the Spec at 5.30 P. M. that day, prisoner Cole came on board the Childers, bringing a Log-book and some Ship's Articles (witness produces them) which he affirmed to be the Log-book and Articles of the Spec. He said that he was acting as master of the Spec for another person who was absent at Ningpo. I asked him what he was doing there and what he was doing with the junk; he said he had captured her. I asked him if he had had any communication with the Mandarins, and what he had done with the people belonging to the junk; he said No to the first question, and to the second that the people were on board the Spec. I then asked him why he had not taken these men to the Mandarins, or brought them to me, as I had been in sight of him all day; he said he did not know. It was getting late and I told him that I should examine his vessel in the morning. He said in reply to any questions that he had not put in for stress of weather: that he was from Ningpo, and did not know any place in particular to which he was bound; that the junk had not fired at him or molested him, but that the pilot had told him that she was a pirate. I asked him why he had hailed her. He did not reply to this, before nine o'clock next morning I went on board the junk and examined her; I found that everything had been taken out of her excepting some nets and some small tubs of fish for bait. There were several shot holes in her hull that might have been caused by sound shot from a three or six-pounder gun; then I went to the Spec and mustered the Spec's crew. I found the articles were incorrect. Prisoner Cole said that the Chinese crew of the junk were in the fore hold of the Spec. I saw them brought on deck from the fore hold; their hands were tied together; seven of them had wounds about them; one of them was so severely wounded that I sent for the medical officer to examine him. I asked Cole how these wounds had been received, he said by shot from the Spec. I asked Cole if he had papers of the junk, he said. No; I then asked for the head man of the junk. One of the Chinamen came forward and produced some papers that had been sewn up in his clothing, and which by the interpretation of a Chinese from the Childers were pronounced to be the junk's papers. I conveyed to the
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handed them over to the Chinese Mandarins. When subsequently questioned Cole about it, Cole said that the wound was caused by a grape shot from the Spec; and prisoner Ephraim Francis added that he thought it must have been caused by a grape shot. I subsequently released the crew of the junk, excepting the man who was badly wounded, and who was sent on board the Childers to be under medical care. I went to the Mandarins, and the crew of the junk (that is two of them) were examined before them. The Mandarins, as the interpreter explained to me, wished the crew of the junk to be released, as their papers were good. By their request I also handed over to them half the arms of the junk, handing the others to the junk's crew. The junk was a fishing junk of the ordinary class fishing thereabouts,
The quantity of arms belonging to the junk was not unusually large; the crew said she had them to protect herself against pirates. I found in a list of the arms belonging to the junk as detailed to me by Cole. Between 4 and 5 P. M. on the 22d June last I saw two Chinese boats alongside the junk; shortly afterwards as we
J. C. PITMAN,
Commander of H. M. Sloop Childers.
are hereby directed to repair on board the schooner Spec of Hongkong and take charge of her, as well as the master and crew, who are prisoners under the charge of Piracy on the High Seas, &c., and you will use the utmost
vigilance that none escape whilst under your custody. You will proceed with all expedition to Hongkong; on your arrival there you will report yourself to the Senior Naval Officer, from whom you will receive further instructions.
For your better guidance, I refer you to Chap 8 of the Queen's Regulations, Page 82, and to Art. 14 of the Admiralty Instructions, Pages 6 to 14
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