( 45 )
474
( 44 )
shall, in the course of the investigation, endeavour to bring before the Commission persons who will testify to the facts I
mention.
Adjourned till 12 o'clock to-morrow.
FOURTEENTH DAY.
Thursday, 24th June, 1858, at 12 o'clock Noon.
Present, All the Members, except the Honourable Mr Cleverly, whose place in the chair was taken by the Honour-
able Mr Davies.
ANGUS FLETCHER,—Called and examined.
I formerly had a partner named Innes, who has been dead many years. I believe Mr Caldwell was once in Mr Innes's employ. I do not know of my own knowledge why Mr Cald- well was discharged. I am one of the oldest residents in China, and have known about Mr Caldwell, otherwise than as employed by Mr Innes, for some time. I did not know anything of him beyond that he was a little thoughtless; this was nearly twenty years ago. I do not recollect having ever heard
any accusation brought against him.
I do not know under what circumstances Mr Caldwell left my late partner; he left before I joined him. I believe he was Clerk or Book-keeper with him. I never heard a word from Mr Innes, nor from any one else, as to the circumstances under which Mr Caldwell left Mr Innes's employ.
[The Attorney General having been informed that neither to himself nor to any of the public could printed copies of the evidence be furnished, but that he was at liberty to inspect them in the room, and that copies of his own evidence would be furnished, requested that a minute might be made that he had not had any of the fasciculi since the third, and had there- fore had no opportunity, and now should have none, of correct ing in his own copy, and suggesting to the Commission for correction in theirs, such of the errors in the evidence as taken as he was able to correct, as well as of offering sugges- tions for examination of witnesses.]
CHARLES MAY,--Recalled.
Grand-Pré in conversation; and, I was then told, that th European Constable who had charge of Ma-chow Wong ha immediately before made known that certain large bri had been offered him by Ma-chow Wong. One of the bril was offered to induce the Constable to allow the prisoner interview with Mr Caldwell. I did not consider the prisoners secure at the Police Station as I thought necessary, and him up to the Gaol.
I did not know that the papers which had been sent t Government Office had not been returned to the Police unit I heard of their destruction at Government Office, therefor the papers given up could only have been those belonging to the Kwong Yik Loong [Ma-chow Wong's] shop. I recollect that Mr Grand-Pré said that Mr Caldwell had, by, I think, a note which he had in in his hand, applied for the papers of Ma-chow Wong, and I am not quite so certain, but I think Mr Grand-Pré said something about Dr Bridges having authorised their being given up.
I am certain that som property remained in the hands of the police, and I have not doubt this property was given up by Mr Grand Pré, who therefore can give evidence upon it. I have asked bork Inspectors, but they can give me no information upon thi I do not know whether I was at that time Acting Assista Magistrate, or Acting Superintendent of Folice. endeavoured to find out who gave up the property at the Police Station, and the Inspectors have told me that they did not, and that therefore it must have been Mr Grand-Pré
I am certain that those papers given up were the Kwong Yik Loong papers, because the others have been destroyed It now strikes me that I have heard that some of the papers, which were deposited at the Supreme Court, were given up, upon this head Mr Masson can give evidence,
I think I can produce a witness who saw the first wife of Ma-chow Wong go into Mr Caldwell's house within the last two months, I did hear that Ma-chow Wong's wife had found a refuge in Mr Caldwell's house. I heard it from more than one; amongst others, from Tong Aku the Inter- preter.
About the notoriety of the pirate Po-pak Shing, Assow, that Police Court Interpreter, who told me more than twelve months ago that this man was a notorious pirate, can give evidence. As to the connection between Po-pak Shing and Ma-chow Wong, and the buying off of the witnesses, I hand in the name of a witness who can give evidence.
I saw Mr Caldwell go into the Chief Magistrate's room with the bail, on the occasion of Ma-chow Wong's being bailed by order of the Chief Justice; this is the extent of my knowledge. I do not recollect how many bail there There was no written order given by me for the delivery were, and do not know if the Chief Magistrate desired Mr of the house or shop. Caldwell to be present on the occasion. I heard that the At the time spoken about in connection with the gold Chief Magistrate had had a communication with Mr Cald-dust robbery, when I delivered up the gold dust to Mr Cald- well on the subject, but did not know what it was. On the well, I do not recollect whether I was Superintendent of night of Ma-chow Wong's apprehension on my warrant, I│Police. I do not know whether I was applied to as. gave special orders as to his custody, and that he should be being Superintendent of Police, or Acting Sherif; 1 under the special care of a European Constable, to the rather think it was as Acting Sheriff.
Achak, a clerk in the exclusion of the usual Chinese Constables who watch the Registration Office, can say who were the securities in the cells. At half-past ten o'clock at night or later, I went inci-gold dust affair. I do not know whether the petition re dentally to the charge room, and saw Mr Caldwell and Mr ferred to in the gold dust affair is in existence, and do
1
Mr Caldwell himself told me that the boat of which he had command was manned by Chinese, he did not say by I know from what he told me that Europeans and Indians,
ot remember whether I gave it back, or whether it was Med. I do not know the man who brought the petition.
Cross-examined.-A man deposed at the Supreme Court at Ma-chow Wong had offered him $1,000, to abstain from he had command at different times of two boats, one of iving evidence so far as it referred to the identification of which was decked, and I should think a schooner, because one of the prisoners, the Captain of the boat I think. The he told me of his having been nearly drowned in the cabin.
I taxed my memory as far as I possibly could with regard hreat of personal violence was deposed to in the Supreme
Court. I was not Mr Dixson's informant as to Mr Stace to the memoranda, and I cannot recollect more minutely than and Mr Caldwell having got permission to take away I stated. The memorandum number 8 in Mr Caldwell's report the papers. I did not tell Mr Dixson, what he states does not agree with number 8 in my evidence; there was only in his evidence with reference to the taking away the one paper, as I have stated with regard to No. 9. There books and papers by Mr Caldwell and Mr Stace, except might have been one Johnson, but there was a Graham. I re- I now state. I told Mr Dixson that Mr Caldwell and Mr member about Graham, because he was subsequently impri- Stace had examined the books and papers at the Police Stasoned for felony. He was Sheriff's Officer and robbed a boat. tion, and that my impression was that Mr Caldwell had Now I recollect, there were two letters from the Kowloong Commandant, one to Ma-chow Wong, and one to his partner. received the books and papers from the Police Station.
I have not the slightest doubt that I told the Honourable I have an impression in my mind that there were very many the Attorney General what my impression was prior to my more important matters not referring to Mr Caldwell, only knowledge that the books and papers had been destroyed, shewing the bad character of Ma-chow Wong, in my memo.— that the books and papers of Ma-chow Wong which were at I placed the memo. in the Chief Magistrate's hands, and read I had given it up before the Police Station had been given up. I remember the sailing it to the Acting Attorney General. of the Phoebe Dunbar with the deported persons. I was the Attorney General returned, but I told him of it since his On Saturday the Prisoner was apprehended, on Acting Sheriff at the time, and sent in a list to Government return.
of all persons who were then in Gaol under warrants of Monday the Attorney General was in the Police Court for Justices of the Peace or Stipendiary Magistrates, coming under the last time, and then only one-sixth of the memoranda I did not see the Attorney General Ordinance 2 of 1857, viz., persons dangerous to the peace had been extracted.
I am not certain and good order of the Colony. I have no copy of the list, again until his return from Calcutta.
I am and know that it is in the records of the Gaol. There were whether I read them or shewed them to Mr Dixson. other names on the list, put on by order of the Government, quite certain that I must have told other persons, but I At the time of the taking of the and these persons were those who had been summarily con- cannot recollect whom. victed, and it was by the Colonial Secretary's order-I believe memoranda, and up to the time of my knowledge of the I think attempt to obtain a pardon of Ma-chow Wong, inasmuch as a verbal one,--that these were included in the lot. 163 men went away in the Phæbe Dunbar: of these some the memoranda did not refer to the cases for which the were persons held under warrant of Stipendiary Magistrates prisoner was tried, I had not any idea that the memoranda or Justices of the Peace, under Ordinance 2 of 1857, and would be a subject of import. The memoranda were amongst this number were persons apprehended at two parti-written in a style in which I would write a draft for a letter ; cular seizures, viz., persons apprehended on Bonham Strand, they were scribbled. It was singular that the memoranda and called upon to give an account of themselves and find were not destroyed. I am sure that Roberts told me that he security-those who did not give an account of themselves had found about 36 guns on board the supposed Alma. and did not find security being included in the list; the other am not sure whether he said that Mr Caldwell told him that seizure was, I think, men apprehended by Mr Caldwell, and the lorcha belonged to him then, or had belonged to him. all who could not give the same account and security as I do not recollect Mr Caldwell searching with me for the aforesaid were also included in the list. The other class security papers in the gold dust affair. I have not the slightest I searched for them myself. were the offenders summarily convicted of petty larcenies, recollection of his doing so. and suspicious characters under the vagrant act, without re- I had the general management of the deportation, being Act- ference to the term of their imprisonment; these prisoners ing Sheriff at the time. The list of persons to be deported was made out by me or by persons under my orders. I were other than misdemeanants. These persons were com- mitted to Gaol upon the Magistrate's warrant, this list was believed the list to comprise all prisoners of the classes be- made out, and an order given by the Governor for their fore mentioned. I had no knowledge of any one fact relating deportation. Mr Caldwell did not make out the list, nor did to one prisoner more than to another.
y
I
I made the seizure on
he take the men off to the Phabe Dunbar. I think I reported Bonham Strand; those who could not find security, and were to the Government that the persons named in the list come included in the list, were very likely beggars, but I can't say within the meaning of Ordinance 2 of 1857, and the Govern- that they were. I do not think that Mr Caldwell was present ment approved the list. I don't think that I had any letter when I searched for the security papers, after the petition of instructions from the Governor as to the making out the list. had been presented. I think it was Roberts who appre-