478

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regarding Eli Boggs in 1855.

batch of men might be discharged. That was the only instance Akee. I did not know at that time that Wong Akee and in which I knew any delegation of the power of liberation. Ma-chow Wong were the same man,

Eli Boggs was sent The 70 alleged rebels towed to Kowloong by the Auck-down, I think, from the Ningpo Consulate, in 1855, by Dr land, and handed over to the Mandarins, were so handed over Winchester, to give evidence against pirates. He was paid by order of the Governor. I won't be positive one way or his expenses. The case ended in acquittal, and he re- the other, but if my mind leans either way, it is to the mained here and was paid his expenses for another month; opinion that Mr Caldwell was averse to the men being sent I think, to see if any further evidence could be had. It was over to Kowloong. It is my impression, that he and I on my recommendation that this was done. Mr Caldwell differed on the subject. I decline to answer whether the had nothing to say to it. I cannot be positive as to what Governor's instructions were in writing. The whole of this I said to him, so far back as 1855, but I have no doubt matter having been referred to the Secretary of State, and that I said to him, concerning the case in which he was decided by him, I decline to answer any question concerning giving evidence, that if he gave his evidence fairly, he it, which does not refer to Mr. Caldwell's conduct. For the would not be prosecuted for it. I never had anything to purpose of procuring Ma-chow Wong's pardon, there was say to him regarding any other case except that. I do not a petition from the Chinese, presented through Mr Cald-remember having had any conversation with Mr Caldwell well, as all other Chinese petitions are. Mr Day, as Counsel, and Mr Stace, as Solicitor, also moved in the matter, and Mr Caldwell himself was interested. I wished to with- draw the investigation of Ma-chow Wong's case from Mr May, because I considered that Mr May acted entirely as a partizan in the matter throughout. I gave the Acting Attorney General no instructions regarding the case. I ordered the Acting Superintendent of Police, I think, to liberate Ma-chow Wong's house and shop from the custody of the Police. I do not distinctly remeraber at what stage of the proceedings I did this, nor whether before or after conviction. I must have spoken to the Governor on the subject before I did anything. I may as well state, that as far as concerns my own ideas, I never, until after the trial, had any doubt that Ma-chow Wong was guilty of the offence with which he was charged.

My conversation with Mr Grand Pré concerning the release of the shops, is, as far as I can recollect, correctly stated by Mr May. It is my impression that the Governor was certainly empowered to order these shops to be given up. I do not know whether Mr Caldwell made any action in the delivery of the shops. I wished to keep myself as clear as possible.

Mr Grand Pré made some remark to me about Policemen being taken off their duty, to attend to these houses, and it was to relieve the Police, and not on account of Mr Caldwell, that I ordered them to be given up. I have not, on Mr Cald- well's recommendation, employed a man named Ashing as a spy. I never, to the best of my recollection at the

present moment, employed any man as a spy, neither Cock-eye nor any others, though they have been so

employed, but through Mr Inglis, Governor of the Gaol. I have never consulted Mr Caldwell, regarding the employment of any such men, The only time when I have had anything to say to any agent of Mr Caldwell's, was when the 70 were sent to Kowloong, upon which occasion he sent a man. I have never consulted Mr Caldwell regarding the propriety of employing spies.

men

I think in the year 1853 or 1854, I was retained in a case either for or against-I cannot say which-Wong

I have not, within a short time since, entered a respectable Chinese shopkeeper's house, and withdrawn on discovering my mistake. In consequence of instructions from the Go- vernor, I gave certain instructions to the Superintendent of Police, who carried them out. I was not present when the entry was made. Mr Caldwell knew nothing of this, and had no more to say to that matter than any member of the honourable Commission.

Adjourned till to-morrow at 12 o'clock.

SIXTEENTH DAY

Tuesday, 29th June, 1858, at 12 o'clock Noon.

Present,-All the Members, except Mr Scarth. WILLIAM THOMAS BRIDGES.-Cross-examined. The books of Ma-chow Wong were referred to Mr Caldwell and Mr Mongan, upon the petition for his pardon being presented, before the article in the China Mail appeared, and before Mr May's memoranda were heard of. They were referred to Mr Wade. Mr Caldwell made a report of his and Mr Mongan's examination, then appeared an article in the China Mail which differed materially from Mr Caldwell's report. Mr Dixson was then requested to attend the Council, to give the sources of his information for that article-he referred to Mr May as his authority. Mr May produced the memoranda,. which were then for the first time heard of by any Member of the Council, and the question at issue between Mr May's memoranda, and Mr Mongan and Mr Caldwell's report, was referred to Mr Wade. Then Beaver was apprehended-a translation was made by Mr Wade of the papers found on

petition in Ma-chow Wong's favour decided. They were re- Beaver, and on their translation was the question of the

ferred to Mr Wade by the Governor in Council, because the statements in the memoranda were considered at that time all important, and if true, they would have had a great effect on my mind. There was also another question apart from Ma- chow Wong as to whether Mr Caldwell and Mr May were credible persons, or which of them. No report from Mr Wade was ever received. I spoke several times to him for a report,

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two of these, it was in opposition to the Chief Justice: one information since he has been in prison. As far as I know

of the two, which I remember at the present moment, was a ase of mitigation.

of the caso, Ma-chow Wong did not give any information relative to the supposed murder of a witness in the treason I have not seen any documents which would enable me to case; it was given by two or three political prisoners who peak with certainty concerning Mr Caldwell's expressed were detained. Mr Inglis can state the names of the infor- opinion concerning the 70 alleged rebels surrendered at Kow-mants. I recollect mentioning this fact to Mr May, that these bong. As to the question whether if, but for the article in political prisoners had made such offer, if such information he China Mail, it is probable the pardon of Ma-chow Wong would conduce to the granting of their pardon. On the would have been granted, it is impossible for me to give an 27th of May I went to Macao. I was there ten days, and answer; I never could have made up my own mind to have the communication was verbally given me by the Governor voted for Ma-chow Wong's pardon, and yet I was convinced of Macao, as near as I can say on the 4th June, when in- there was no evidence to justify his conviction. Before he structiona were given Mr Caldwell to apprehend Beaver. I was apprehended upon charges upon which he was tried, I had cannot say whether it was known Beaver had been in the myself urged the Governor to deport Ma-chow Wong, on in- employ of Mr Caldwell and Ma-chow Wong. I now know formation I had received from Macao, and I give that as my that Beaver was in Mr Caldwell's employ, but I cannot say reason for stating, that I could not have voted for his pardon. whether I knew it at that time. I remember on one occasion Mr May was not called upon to give information to the Council being present in the Gaol with Mr Inglis and Mr Caldwell, touching Ma-chow Wong and his pardon, before the appearance and some examination taking place, with reference to a ship's of this article in the China Mail. I was not aware that Mr Comprador. I think the man Pan Poi-yeen, the writer Hay had taken great interest in collating evidence against of the petition upon which the Comprador was arrested, was Ma-chow Wong; but I was aware that he had taken interest examined in the Gaol by Mr Caldwell and Mr Inglis. When in getting up the case. I cannot account for Beaver's dis- I wanted an interpreter, Mr Inglis who had given me the charge, as there was evidence against him of confederation original information said he was not quite certain of his Mr with pirates in the papers found on him, beyond this, that Chinese. I sent for Mr Caldwell to interpret for me. I was told that the case had broken down, and he was dis- Caldwell was certainly not the medium through which I charged by the Magistrate. To the best of my belief I was not got the information, and I do not think any information from present at Beaver's examination. I cannot tell whether the the Gaol inmates originated with Mr. Caldwell. Had I been documents found on Beaver were adduced in evidence against able to speak Chinese, Mr Caldwell would not have been him at the Police Court. I have no remembrance of presiding applied to on this occasion. at an examination of Beaver in the Gaol, nor do I recollect Lever having seen him.

Mr Caldwell I think came up with Mr Day, and had an interview I think with the Governor on the subject of Ma- chow Wong's release; then Mr Caldwell afterwards presented petition from the Chinese. He spoke to me several times on the subject, and I fancy, but am not quite certain, that he was called in at some meeting of the Executive Council. I think those were all the overt acts of Mr Caldwell in the matter. I do not remember what remarks I made to Mr May when he brought the information concerning Ma-chow Wong on the 18th July, 1857. I remember seeing some papers about it, but what I said or did I do not know, I intimated to Mr May somewhere about the beginning of the case, that it would be better he should not sit in the investigation. I think that Mr May's statement of what took place on the 18th July, when he brought me the information, is correct.

ATTORNEY GENERAL,--Recalled at his own request to make a further statement.

I wish to be recalled for the purpose of performing an act of justice to Mr May. Dr Bridges in his evidence to-day has declared, that throughout the case of Ma-chow Wong, and I think he said generally, he had observed Mr May has been influenced to activity against Mr Caldwell, by bitter feelings and party spirit; and yesterday Mr Caldwell, without naming the person alluded to, said he attributed all these proceedings to vindictiveness. As I am aware that Mr Caldwell has else- where stated, that he considers Mr May is at the bottom of the whole proceedings, I suppose he meant Mr May yesterday. I beg to declare most solemnly, that Mr May had nothing what- ever to do directly or indirectly with any one of the inquiries which lasted nearly two years, and resulted in my letter of 8th July, 1857, urging and demanding of this reluctant Govern→ ment, an inquiry into the connection between Mr Caldwell and Ma-chow Wong, which led first to the prosecution of the latter and now to the inquiry, which the present Commission is carry- ing on. I have named my informants from the Governor I lost a gold watch, and Mr Inglis informed me he had down to Mr Dixson, and Mr May, I solemnly declare, was not rot a clue to the theft of the watch, and I think his informa- one of them. So far from it, I always inferred from Mr May's on came through Ma-chow Wong. The man was apprehended guarded and cautious way of speaking on the subject of Police myself, being pointed out by a coolie of my own. I lodged abuses, that he was a friend and even a partizan of Mr Cald. im at the Police Station, he was called upon to find bail, com- well's, and therefore unwilling to give evidence; and the first nitted in default, and subsequently discharged. He had been moment of my forming a suspicion to the contrary, was on the Gool several times before, and was known as a thief. That 8th July, 1857, when I was putting the last hand to my the only case in which I know Ma-chow Wong giving report of that date, now before the Commission; it was in the

I did not arrive at the opinion that Mr May was a partizan at that time. I had the opinion all throughout.

I know that Ma-chow Wong since his conviction has given

information,

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