SAL
343
(34)
With reference to charge 4, I can only speak from report and general information.
I had reference to the opinions entertained and expressed against him by Sir George Bonham, the then Governor, and who had known Mr. Caldwell at Singapore, and by the then Chief Magistrate, Mr. Hillier. It occurred to me that Mr. Caldwell made me acquainted with circumstances which I otherwise should not have known, viz: that he, Caldwell, had led a very wild life when at Singapore, that he was an outcast from his family there, and that he had fled from Singapore to China; that before entering into the Government service, he had had command of a boat manned by Chinese, employed in smuggling opium to Whampoa or Canton; that he earned money freely, and spent it as freely amongst the women at Canton, so much so that he acquired from them the name of Shang-kwei, which he told me meant "teazing devil."
The feeling held against him by Mr. Hillier was caused, as he imagined, by his having had connection with several Chinese women at the same time. The only other part bearing on charge No. 3 is his strict intimacy with Ma-chow Wong, from that intimacy leading him blindly into what may be assumed as a knowledge of other pirates.
I wish to refer the Commission to my letter of the 20th July, 1857, written after the trial of Eli Boggs, as to the impression on my mind on this subject. At the time Mr. Caldwell told me the above, I was in the position of his defender against those who accused him. I now state, as I did in my letter of 20th July, 1857, that from my knowledge of Ma-chow Wong, for many years, he became, owing to his intimacy with Mr. Caldwell, of great power and influence in the Colony, that he exercised this power and influence especially in cases of piracy, that he became in fact almost an arbiter of the fate of those pirates who fell into the hands of the Police.
He was the acknowledged head of the Sunon nuen or clan in this Colony, he had control over the class of fishermen, who were mostly Suon people, he paid a nominal sum for the lessee-ship of the Central Market, and he had directly under his personal control, the funds of the Sunon people, derived principally from landed property on Marine lot 16 in the Lower Bazaar.
I believe from information I received, which information is contained in the letter of the 20th July, that Ma-chow Wong was in intimate connection with several well-known pirate chiefs, named Looka, Po Pak Shing, Shan-tung Wei, Tai-fai-woot, Monice-ma, and others.
In January, 1857, two large and heavily-armed boats were pointed out to the Police by the then self-constituted local patriot. These boats were lying off the central part of the town, and were seized by the Police upon the information aforementioned.
From what Mr. Grand-Pré told me, and from my recollection of the events at the time,---I was then Acting Assistant Magistrate,---Mr. Mercer directed Mr. Grand-Pré to refer to Mr. Caldwell as to the character of the boats. Mr. Caldwell went with Mr. Grand-Pré on board the boats, and because Mr. Caldwell positively expressed his belief from examination of the books and crew that they were reputable traders, the boats were released.
About the 15th July 1857, when I was Acting Assistant Magistrate, I met Mr. Grand-Pré, who was Acting Superintendent of Police. He told me with an air of satisfaction, that he had a charge against Ma-chow Wong. He mentioned the incidents of the case which appeared to amount to a charge of confederation with pirates, and asked my advice.
I told him that as the case appeared a good one, it was his duty to seize Ma-chow Wong's shops, and take Ma-chow Wong into custody immediately. He said he had made a diligent search for Ma-chow Wong, but could not find him.
I recommended him to take personally an interest in the matter, and indicated where I thought he could get information. He seemed equally anxious as I was to do all that was possible to apprehend him and I left the case in his hands.
The following morning I learned from Inspector Jarman, that he had apprehended Ma-chow Wong, having met him at 10 o'clock that morning. I also learned from Mr. Jarman, confirmed by Mr. Grand-Pré himself, that he, the prisoner Ma-chow Wong, had been in Mr. Grand-Pré's house the preceding night, subsequent to the time he had promised me to do all in his power to apprehend him.
That fact also forms portion of the letter of 20th July. The prisoner, Ma-chow Wong, appeared at the Police Court on the 16th or 17th, and was admitted to bail, Mr. Caldwell appearing in the Court, and interfering in the case in the prisoner's favour.
On the 18th of July, information was given to me upon oath, which led to my issuing a warrant for the apprehension of Ma-chow Wong, and search of his shops. The prisoner was apprehended, brought to the Central Police Station.
On the 19th, or on that day, and many books and papers were seized and examined by Tong Aku, the interpreter at the Court, in presence of Inspector Jarman, and I jotted down, in the shape of memoranda, matters as read to me by Tong Aku, which exhibited to me the bad character of Ma-chow Wong and during the progress of the case as the Books were gone through, the memoranda increased, until I had about five pages of foolscap.
(35)
TWELFTH DAY.
Friday, 18th June, at 12 o'clock Noon. Present,--All the Members.
CHARLES MAY,-Recalled.
...
Some few days before the examination, which lasted ten or a dozen days, concluded, I told the Chief Magistrate that I had those memoranda, and although not referring or relevant to the two cases before the Court, that I would place them in his hands, so that he might be acquainted with the matters therein stated.
I did leave them in his hands, and the Chief Magistrate returned the memoranda to me a morning or two after, and I then said that I should place the documents in the hands of the Government.
I said, "They are not in any way connected with the two cases. I have a special reason for not sending them, unless you think it absolutely necessary, because several of them bear reference to Mr. Caldwell."
The Chief Magistrate said that it was difficult to decide, but I judged from what he said that he thought there was no such necessity.
The cases were concluded at the Police Court, and the prisoners were committed for trial in both cases.
The 1st or 2d day of the proceedings at the Police Court, the Attorney in the case---Mr. Stace---applied to the Chief Magistrate and myself for permission to see all the papers and books in possession of the Police, not at that time produced in Court, including those from which the memoranda had been taken.
This was granted, and a time appointed for Mr. Stace to be at the Police Station with an Interpreter to make the examination.
I know that the examination was made, for in returning that day from the Police Court, I saw Mr. Stace, Mr. Caldwell, and an Interpreter, sitting in a small office at the Central Police Station, with the books and papers before them.
Inspector Jarman was the custodian. The examination was not concluded the first day, and another day was appointed.
The following day, before the second examination, upon going to the Police Court, I found some books and some papers---the latter in Mr. Caldwell's hand-writing---which I directed to be sent down to the Police Station for the second examination.
After the cases were committed for trial, and the deposition had reached the then Acting Attorney General, I had one or two conferences with that gentleman in reference to the cases committed, and I exhibited and read over to him, the memoranda that I have referred to.
Previous to the trial of the prisoner, I was accidentally going out late from the Central Police Station, when I saw the Acting Colonial Secretary, and the Acting Superintendent of Police, in conversation; the latter spoke to me immediately I advanced towards him, and said, "the Acting Colonial Secretary has directed me to deliver over the shops of Ma-chow Wong."
I then spoke to the Acting Colonial Secretary, and urged that there should be no difference in this case from preceding similar cases, and I urged that the shops should not be given up, as it would have a dangerous influence over the case.
Postponed till to-morrow at 12.