238
and officers, amounted to 26, 11 of whom were Europeans; 6 or 7 Europeans had carbines, and I think about half of the remainder had muskets; there were likewise 4 or 5 cutlasses. Before leaving I gave out rounds of ammunition, and I believe the Police had 20 rounds more. I placed Mr Caldwell in charge of one boat, Mr Ryan in charge of another; I went in the third; in my boat there were 8 in all. Two junks were pointed out to me as the two junks from which the stones were thrown at the Police-boat; mine was the nearest in-shore to the junks; my boat was the outside one. Mr Caldwell's boat was in the rear of mine; the other boat was in-shore. I steered alongside the outward junk. I felt the boat kept back; I could not get her wholly broadside on to the junk before arriving alongside. The people in the junks had fired large and small guns, I mean ginjals and matchlocks. I heard shots strike the water. This fire was returned by all the Police boats. I heard Mr Caldwell speaking in Chinese very loud, and answers apparently made from the junks. Finding the other boats did not get alongside, and that a determined resistance was made, I ordered my boat to be shoved off, and told the other two boats to fall back. After leaving the junks, they continued firing 5 or 6 shots from ginjals; I told the Police not to return the fire, and ordered them out of reach of the fire from the junk. Some of the Police had no ammunition this time; they asked me for some, as they were anxious to return and make a second attack; a European in my boat had no arms. At this time I was not aware of any accident happening to the Police force; I had seen a man in the water when alongside the junk, but believed him to be one of the junkmen; I had an idea of picking him out, but on looking round, found he had either sunk or was taken on board the junk. The time I was alongside I was about half a minute; my impression was that my boat was kept back either by spears or bamboos from the junk; I could not see them, as it was remarkably dark, the wind strong, and the sea high. I determined to go to H.M.S. Cambrian for assistance, and ordered all but four rowers into another boat; before going, I directed Mr Caldwell to go as near the sterns of the junks as he could with safety, and request them to give in; and that if they did not, I was going to the man-of-war, and they would run the risk of being shot. Mr Caldwell called to me from his boat, that the junkmen were determined to resist. I then pulled to the Cambrian. The two junks were pointed out to me by the third Police-boat that remained near. I had no Chinamen in my boat; nothing was said to the junkmen from my boat. I heard Mr Caldwell calling out loudly to the junk people before any firing. I had a lantern in my boat, which I shewed; the three boats were to leeward of the junks; my boat may have been about 100 feet from the junks while Mr Caldwell was speaking; lights were shewn from one Police-boat to another while directions were given by me. When I arrived on board the Cambrian, I saw an officer, and asked if he was officer of the deck; he answered, "Yes." I said, as nearly as I can recollect, "I am the Superintendent of Police, and have come to apply to the Commodore for assistance to capture two suspicious junks which had fired upon and hustled off the Police-boats." The officer asked me if that was the firing he heard; I told him it was, and he desired me to accompany him below. He went into the stern cabin, and shortly after came out saying assistance should be rendered; I remained on deck till the boats were nearly ready, and then went into my own boat and guided the men-of-war's boats to where the junks were lying, pointing them out to the officer who was in command of the party. When I arrived near the junks, being ahead of the men-of-war boats, I saw the two Police-boats lying within 150 yards of the junks; the Police were rowing in the direction of the junks. I ordered them to keep to the rear of me, and not to fire. It was lighter by this time; it was now about 12 o'clock; I saw the navy boats go alongside the junk, and heard the people in the junks as if cheering or making a great shouting; before the navy boats touched the junks, they were fired into. A volley was fired by the navy boats, and afterwards there were about 20 straggling shots, but cannot say exactly whether they were wholly from the navy boats or some from the junks; after these shots were fired the navy boats cheered and boarded; the noise on board the junk was when I first got near. I boarded after the man-of-war's men; nearly all the sailors and marines were in the junks; they were very crowded. I saw some powder thrown overboard, and heard the plunging as of something heavy into the water; none of the junkmen at this time were to be seen; many of the sailors were below searching; it was dark below; Police lanterns were got; I did not see the sailors using their cutlasses; I saw no Chinamen in the water. I sent Mr Caldwell's boat to pick up some men who I heard in the water. Constable Smith was, I think, in the boat. I should say that the first fire from the Police-boats (before the navy boats came) did not take effect on the junks, as I heard no cries from the junk after the fire. I told the officer I would take charge of the junks, and that if he would lend me a boat to take the prisoners on shore, I would take charge of them. He ordered boats for this purpose, and directed all his men to go into the boats and leave the junks, which they did. I remained about half an hour after this on board; I had a thorough search made in and round the junks. Boarding nettings were triced up in the junk; they were the ordinary make of fishing nets. I examined the boats in order to satisfy myself whether the boats were piratical ones or not; and I believe they are not piratical boats; one had a cargo of molasses, and grain, and physic; the other boat, the large one, was empty. I found 4 matchlocks and 3 ginjals in the two boats; one of the watchlocks was burst; there were more lanyards and ropes for other ginjals.
Question by Mr Shurtred—Mr Caldwell does not speak the dialect of the junkmen, but he understands a little. I was about 100 feet from the junks at the time Mr Caldwell spoke to them; his boat was to the rear of mine about 10 feet; the wind was high; we were to leeward of the junks; my belief was, and is that the junkmen understood and answered Mr Caldwell. We have 11 men now at the Station from these junks—nearly all were wounded—21 were brought to the Station from the junks, and one was picked up dead on Monday. I consider I have power under clause 7 of Ordinance 14 of 1840, to board any vessel whatever in the harbour, either day or night—of course having a reasonable object in view. The Superintendent and Inspectors of the Metropolitan London Police have exactly the same power. I have frequently exercised this power both day and night.
Q. Under all the circumstances of this case, considering the trivial nature of the original charge, and the slight resistance the junks could have afforded to such a force as you took with you, did you feel yourself fully authorised to call in the assistance of the man-of-war without a Magistrate's Warrant? A. I conscientiously believe that under all the circumstances of the case, notwithstanding its slight origin, that no other proper course was open to me. With reference to my authority to get the assistance of the Navy, any Constable has power to demand assistance in carrying out his duty. As regards myself, I am authorised as commanding the Police to apply for the assistance of the Naval power on such occasion. I considered an overpowering force would effect the object of capturing the junks without any resistance or consequent bloodshed. I was not consulted with reference to the force from the man-of-war. When a person makes a complaint at the Station, it is a matter of course that immediate attention shall be paid to the complaint, so that the parties offending may be forthcoming to answer it. It was not consistent with the Inspectors' duty to allow Mr Muir's complaint to stand over till next day without taking immediate measures to apprehend the offenders, or otherwise secure their attendance next day.
Questioned by Mr Cairns.—When you applied for assistance from the Naval Commander, did you consider these were trading junks or pirates?—My impression was that they were piratical junks, because I could not account for the resistance they made but under such supposition.
By Mr Shortrede.—Whose duty is it to board and examine these junks when they anchor in the Harbour?—I do not consider that any government officer considers it his duty to Board Chinese vessels in this harbour, with a view of ascertaining their characters generally, unless upon especial information or suspicion; and in such a case it is my duty.
Q. Does it consist with your knowledge that men dressed as policemen, or with badges upon their arms calling themselves policemen, have scurried and robbed junks in the Harbour? A. There have been none to my knowledge since the increase to the water-police 18 months ago; before that there were two instances of robbery by violence in the Harbour by persons representing themselves as policemen, and two cases of extortion by threats by Chinese in the employ of the government. A case occurred in April 1847—there was an attack made by a lorcha manned by Chinese and Portuguese representing themselves as policemen, who robbed a junk off Jardine's of a considerable amount of property.
(21)
CHARLES MAY.
Friday 20th October. Al-Tew states, was in charge of the largest of the two junks; the crew consisted of ten men altogether; there were no passengers. My vessel came from How-tong; we were here about 20 days; we brought salt and live pigs. On the evening of the 19th, Chinese month, about dark, while my boat was lying alongside of a small junk, a small boat came near the junks; I was in the cabin at the time, and heard a cry of thieves from the small junk. I came on deck; did not see the small boat, as it was so dark; the small boat went away; I then returned to the cabin, and did not come out of the cabin until 2 or 3 boats came near the junks; they came about half an hour after the first. I did not hear anything said by the people in these boats; the small junk fired 2 or 3 shots, I think at them; it was very dark at this time; the small boats fired at the small junk. After this a great many boats came; these boats fired at the small junk, and the people in them came on board and threw me and the other men into the boat. My tail was cut off by one of these men.
(22)
EDWARD COHEN sworn, I am an assistant at Messrs Phillips, Moore & Co.'s, in Victoria. On Sunday evening last, I heard firing on the water near our place; did not know what it was at first; but went down to the window below Aequi's in the Lower Bazaar. I saw several shots fired from or at a junk a short distance from the shore. The only expression I could hear was, "See, a man overboard," or "Here's a man overboard." I immediately heard a shot fired. Previous to this there were one or two volleys fired, and I could hear the balls whistling round our house.
E. Cohen.
(23)
ROBERT MCKENZIE sworn,—I am a constable; I was left in the boat with Sergeant M'Lean lying off the junks on Sunday night when the men-of-war's boats came, in order to pick up any Chinese we might see in the water. I saw no Chinamen in the water. I was in the boat, and a dog was thrown overboard from the small junk; I was about five or six yards from the junk; the dog was black; a shot was fired at it by a marine—saw his belt—the shot killed it. If there were any Chinamen in the water near the boat, I would have seen them. I heard firing on board the junks; by the sound it was firing down into the holds of the junks; we were then under the bows of the junk. The sampan was looted overboard from the junks either by the marines or sailors. I heard one of the officers tell the men to cease firing—this was after the firing into the hold.
(24)
R. MCKENZIE.
THURSTAN DALE sworn,—I was with Messrs Devan and Muir, and others on Sunday evening in their boat coming from the Tam o'Shanter; we left the vessel about half-past six in the evening; our boat, the wind being strong, came within about ten yards of two junks; we had to go past them to get ashore; the men in the junks made a noise; it sounded to me not as if they were pulling up their anchor or anything of that kind but seemed as if they meant it for us to keep off; that at least was my impression, although I did not know the language. One of our boatmen replied to the junk people; there was then a shout, or hurrah, from some of the party in the boat—I was in one, two, or three, may have joined in the shout; boatmen did not join in the shout.
After this the junkmen I think called out something, after which a stone struck one boat. We then pulled ahead of the junks, and Mr Bevan wished to go on board the junks, to see what the stone was thrown for; He took hold of the boat's tiller, and put the boat's head towards the junks. The boatmen refused to go; I said it was no use—that it was better to come ashore. While this was going on, several stones were thrown at the boat; I don't remember that any of the stones struck our boat. We then came ashore, and I came up to the Police Office with Messrs Muir and Roose. I went down afterwards to my boat to see what the Police boats did; I waited for some time, did not see any of them, and came away and went home.
Examined by Mr Morison.—The discussion that took place between Mr Bevan and myself about his going on board the junks was sufficiently loud for the junkmen to hear.
THURSTAN DALE.
(25)
[Lie-kip-ty, and Che-yeuk, both sworn in as interpreters, they having a knowledge of the Tin-chien dialect.]
Poon-Chow sworn—I am a Lukong. On Sunday evening last some gentlemen came and made a report at the Police Station. I went with them and the police in the boat; Mr Ryan told me to go and tell the Captain of the junk to come up to the Station, to see why stones were thrown at the gentlemen. I went in the boat about thirty feet from the junk—this was about 7 o'clock in the evening, and spoke to them in Chinese [Here the witness was asked to say in Chinese what he said to the junkmen. The witness's answer was rendered in English by the two interpreters,
"Friend, I got something to say: I wish the Captain to come Ashore." (The original words were spoken in the Pokéen dialect) Further he said, "This is a mandarin boat come to talk to him; and not to be afraid" (This was also said in Fokeen. When I first spoke to the junkmen, I was as far from them as this is from Mr Holdforth's house (a distance of about two hundred feet.) [The witness here corrects himself, and says this was in reference to his second visit to these junks.] The junkmen the first time did not say anything to me; they then threw stones at us. First when I went, there was not much wind. [The witness is asked to point out, if he can, the distance he was at from the junks when he first spoke to them; and he points to a house distant about fifty yards.] then returned to No. 1 Station, and waited there. I went again in the Police-boat to the junks; and stood about a 100 feet from them. At this time there was not much wind; I do not know in what direction it was blowing. I spoke again to the junkmen this second time the same as I did on the first occasion. The people in the junk said to me, not to come near; if we did, they would fire. They said nothing else to me; I said no more to them, and then came ashore. They threw stones at us; none of them struck the boat. The first time stones were thrown—that is, when I went in the first boat—some of the stones struck the boat, and some of the crew were struck. I then came on shore, and waited in the boat. When Messrs May and Caldwell came, I went back in the boat again to the junks; Mr May's boat was first, next to the junks; I was in Mr Ryan's boat. I did not on this occasion speak to the junks; I do not know if anything was said in the other boats. At this time, the boat I was in was 16 or 18 feet from Mr May's boat and Mr Caldwell's boat was between us; I did not hear anything said from Mr Caldwell's or Mr May's boat to the junkmen. It was then blowing hard; there was no interpreter in Mr May's boat; we were then about 400 feet from the junks; they were making a noise on both the junks. The only words I heard were "Kuk-chang p'la," which means "Take gun and fire." My boat was close to Mr Caldwell during all this time; anything that was said by the junkmen I must have heard as well as Mr Caldwell. Each boat had a light, which they shewed to the junk. I then heard shots fired from the outward junk—they only fired at Mr May's boat; the boat I was in then fired. After the shots were fired, the junkmen said nothing to the Police. I then retired, and Mr May told us to wait until he went to the man-of-war; Mr May did not tell us to do anything while he was away, but to wait. Nothing was said either from Mr Caldwell's boat or the one I was in to the junkmen while Mr May was away, nor was anything said to the junkmen until the men-of-war's men fired. I did not go on board the junks until the sailors of the men-of-war left them.
(26)
Koo-CAP sworn.—By Mr Cairns—I never was in Hongkong before. I belong to the small junk. By Mr Shurtrede,—[The words which Poon-chow stated he used on Sunday evening to the junkmen he now repeats in presence of Koo-cap, who being asked through the interpreter, says "I never heard these words before" and being asked the meaning of the words, he says, they mean "Friend, is the Captain on board?"
(27)
WILLIAM PEDDER sworn,—I am the Harbour Master of Victoria, and Marine Magistrate.
Examined by Mr Shortrede.—Do you recognise this Proclamation, (producing a Proclamation in Chinese, initialed by the Coroner.)—I fancy I do from the Stamp; it bears the Seal of the Marine Magistrate's Office. I do not read Chinese or understand it.
Do you know the import of the Proclamation?—I think I do.
Can you tell its import?—Yes; it is a proclamation from His Excellency the late Governor of Hongkong to all trading junks anchoring in the Harbour.
From whom did you receive instructions to issue this proclamation?—From Mr Shelley for the Colonial Secretary, by letter dated 28th May 1846. I hold in my hand the letter I allude to; I produce the letter handed in the letter, which, at the request of the jury is read; as also the copy of the Proclamation accompanying that letter, the copies are annexed] Examined by the Coroner.—I distributed these Eighteen Copies of the Proclamation. After they were all gone I obtained more from Mr Gutzlaff the Chinese Secretary, by whom I presume they were originally prepared. I went on board the junks myself when I distributed them. I was requested to make them public, and left some copies at the Hong where the junkmen frequent, as also gave some to persons who traded with them; and made it as generally known as possible. I had it explained to the junkmen if people molested them, to secure them and bring them to me, or the Chief Magistrate, but not to hurt them.
By Mr Shortrede.—Has any subsequent proclamation upon this subject been issued to the junkmen by you?—No. I may add that it was the habit of boarding junks to ascertain if they have been molested by any body. My Chinese boatmen interpreted for me; I cannot say they were understood, but I should think they were, as the junkmen always seemed pleased.—I do not think I went on board either of these two junks in question.—On my visits to the junks I never heard any complaints.
WILLIAM PEDDER.
Colonial Office, Victoria, Hongkong, 28th May, 1846.
SIR, I am directed by His Excellency the Governor to transmit to you 18 Copies of the Chinese Translation of the enclosed Proclamation, and to request your compliance with the instructions therein contained, by occasionally boarding and furnishing each junk anchoring in this harbour with a copy of the same, for the information of the Masters and Crews. A few Copies should be posted up for general information.
I have the honour to be, sir, your obedient servant,
A. F. SHELLEY,
for the Colonial Secretary.
Lieut. W. PEDDER, R.N., Harbour Master.
(True Copy,)
WILLIAM PEDDER, Harbour Master, Marine Magistrate.
His Excellency the Governor directs, that the Harbour Master board all trading junks on their anchoring in the Harbour, and that a proclamation be issued to the following effect, and communicated to the masters and crews thereof:
That the port of Victoria is open to all junks and vessels without any anchorage fees or other dues; that they are at liberty to stay in it as long as they choose, and to depart when they like, without any molestation.
That the crews and passengers are at full liberty to communicate with the shore, and to deal in all articles with any person whom they may choose; but that they are not to buy Opium in a smaller quantity than one chest from any one but the Retail Dealer licensed by the Government. When they buy a chest of Opium, or any larger quantity, they may purchase it from any person.
That no person except the Harbour Master can board a junk or vessel without the consent of the master, unless he is armed with a warrant and accompanied by a constable.
That all complaints against persons unlawfully boarding or molesting vessels are to be made to the Harbour Master or the Chief Magistrate; and that the attempts of persons to extort money, or represent themselves falsely as possessing exclusive privileges of trade, and thereby interfere with the freedom of the port, are contrary to His Excellency's orders, and will be visited with severe punishment on being duly represented to the authorities above mentioned.
Colonial Office, Victoria.
Hongkong, 23d May, 1846.
(28)
JAMES LEGGE sworn,—I am a Doctor of Divinity, and attached to the London Missionary Society.
Examined by Mr Shortrede.—Do you understand Chinese?
Can you read this Proclamation? (producing the one identified by Mr Pedder. Yes.
Is it the same I sent you yesterday?—Yes.
Have you read it over?—Yes, I have done so carefully.
Have you consulted any Chinese who are scholars as to the import of the third Regulation in this Proclamation? I have.
Will you have the goodness to state your interpretation of the third Regulation alluded to, as well as the meaning attached to it by the persons you consulted?—This regulation consists of two parts. The first says the Harbour-master, and persons carrying Warrants, and Policemen, have power to board vessels. The meaning of the second part is not so plain; it was because I could not make it out satisfactorily myself, that I consulted Chinese scholars. Literally, it runs, "If there be men, and the Captain does not want them to enter the vessel, then he may be able to obstruct and stop them." The difficulty lies from the form of the Chinese sentence in determining who are intended by the word "men." I suppose it intended to mean "other men"—different from the Harbour-master and others mentioned above; but this is by no means clear, and a Chinese, in my opinion, would rather identify the word "men" with the Harbour-master, &c. Seeing the difficulty last night, I consulted a Chinese who at once knows his own and the English languages very well—Tsin-shen, an assistant in our Mission. He took the same view of the intention of the writer as myself, and laughed heartily at the composition. This morning, I consulted two other Chinese as to the meaning. The first is Sew-tsai, (that is, a literary graduate of the first degree,) and was the first in his class when he took the honour at his county examination in the Canton province in 1833. He supposed that the regulation empowered the Captain of the Vessel to resist the Harbour-master, the Warrant-bearers, and the Policemen; at the same time he did not seem to see the connection between the two parts of the regulation. The second person consulted is a respectable Chinese, who can read and write in his own language tolerably well, but makes no pretensions to being a scholar. He interpreted the clause in the same way as the other, and added,—"So then the Chew-chow (this is the Canton sound of Tib-tchien) men, when they resisted the boats, had right on their side;" but then he added—"To be sure, when the boats came in the dark, it was according to regulation to resist them." I mention this last remark, because it confirms my own view of the composition of the regulation, that while Chinese naturally interpret it as those two men did, there is still something wanting to make that view of it certain, if it was the intention of the composer to convey that the word "men" was to be identified with the Harbour-master, &c. The meaning of this clause is not plain.
JAMES LEGGE.
CHARLES MAY further examined on the 21st,—To the best of my belief I never saw the Chinese notice (the one alluded to by Mr Pedder in his evidence) now exhibited to me, and I am certain I never saw any translation, or any letter of instructions on the subject in accordance with the Colonial Secretary's letter of instructions now read to me. (Here the copy of the letter of 28th May 1846, and instructions, annexed to Mr Pedder's evidence, is read to Mr May.) This is the first intimation I have had of Mr Pedder's instructions as to boarding junks in the Harbour. I know that there is a Police-boat attached to the Registrar General's Office, that daily boards Chinese vessels in the Harbour, under the Registration Ordinance No. 7 of 1846, sec. 2. If anything came to the Registrar General's notice as to any suspicious boats in the Harbour, the Registrar General, as joint Superintendent of Police, would consult with me on it. I did not hear anything about the two junks taken on Sunday evening, until Mr Muir made the charge against them.
CHARLES MAY.
(29)
VERDICT.
An inquisition indented taken for our Sovereign Lady the Queen, at the House of the Central Police Station situate in Wellington Street, in the Colony of Hongkong, on the sixteenth day of October, in the Year of our Lord 1848, before Norcott D'Esterre Parker, gentleman, the Coroner of our said Lady the Queen for the said Colony, on view of the body of Niu-achiu and U-afon, then and there lying dead, upon the Oath of Andrew Shortrede, Foreman, John Cairns, and John Graham Morison, good and lawful Men of the said Colony, duly chosen, and who, being then and there duly sworn, and charged to inquire for our said lady the Queen, when, how, and by what means the said Niu-achiu and Uafoo came to their deaths, do upon their Oaths say, That U-ufoo and Niu-achiu, Chinese junkmen, came by their deaths between Sunday night and Monday morning the 15th and 16th of October 1848, from gun-shot wounds inflicted by certain seamen and marines unknown, acting under orders of their officers, who were instructed by the Senior Naval Officer on this station to aid the Police in capturing two junks anchored in-shore in the Harbour of Hongkong, the crews of which junks had been alarmed by boats coming alongside after nightfall, and resisted the authorities and others, under the impression that they were thieves; and such resistance as was offered on this occasion appears to the Jury to have been justified by the necessity for trading junks protecting themselves from being boarded by strangers and pretended policemen, as well as by the existing regulations of the Hongkong Government, issued to junks anchoring in the Harbour.
The Jury have considered it to be their duty to pursue the inquiry into several matters not immediately connected with the deaths of these two men, but the investigation of which may tend to prevent the recurrence of such disasters, and seems of importance to the reputation and prosperity of the Colony.
In witness whereof, as well the said Coroner as the said Jury have hereunto set their hands and seals this 21st day of October 1848, the day to which the Inquest was finally adjourned.
N. D'E. PARKER,
Coroner.
AND. SHORTREDE, Foreman.
JOHN CAIRNS.
JOHN G. MORISON.