CAL
344
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Colonial Secretary replied, that he did not see that we could legally hold the shops and that he did not see the utility oranda as referred to the second charge, which was, that the books and papers would shew the purchase of such immense quantities—thousands of dollars' worth of munitions of war, including gunpowder, shot, guns, muskets, shields, stinkpots, &c., as could by no possibility have been employed for any purpose but that of piracy, and His Excellency was evidently staggered, as were also the members of the Council, as I proceeded reading the different items. His Excellency did not refer to any more charges. I read some other extracts from other portions of the memoranda, and I could not help observing that the reading of these memoranda produced a considerable effect on the Council. The Acting Colonial Secretary said he did not know of the existence of the memoranda till that time, and His Excellency the Governor was very angry, that papers of such importance had not come to his knowledge before.
His Excellency said that he had relied very much on a report as to the examination of the books furnished him by Mr Mongan, which report clearly stated that the books and papers shewed only such purchases of munitions of war as any respectable trader might have dealt in. Mr Mongan was desired to attend at the Council, and did so, and in reply to the Governor's questions said that he had not made a very close examination of the books, that he had been assisted in the examination by Mr Caldwell, and that he had had no data and no particular information, and that he had made his report from his cursory examination.
The Council broke up, and in the Council room after the trial and conviction, the memoranda remained in my possession. I heard that appeals had been made to His Excellency the Governor in Council to pardon the prisoners. I firmly believed that the existence of the memoranda was then known to the Acting Colonial Secretary, because the existence was known by the Chief Magistrate and Acting Attorney General, to whom I knew the Acting Colonial Secretary had spoken on the subject of the prisoner's pardon. I did not make a direct communication to the Government on the subject of those memoranda. I thought it certain that a communication would be made to me by the Acting Colonial Secretary on the subject of the prisoner's pardon, when of necessity the memoranda would have been exhibited. No such communication was made to me until the appearance of an article in the China Mail newspaper, which article adverted to the existence of the information contained in these memoranda.
I was summoned to attend a meeting of the Executive Council, and found that Mr Dixson, Mr Lane, and some other civilian, had also been summoned to the Council. When I was called into the Council room, His Excellency the Governor said he had noticed certain statements in the China Mail, and asked me if I had in any way authorised those statements. His Excellency the Governor said he would take the statements as they appeared seriatim, and reading the first charge asked me if I had authorised that. I do not now know what the first charge was. I said "No, I had not authorised it," the Governor then read the second, and to the same query I answered in the affirmative.
His Excellency asked what proof I had, and I then produced the memoranda referred to. It was apparent to me, that His Excellency up to that time had not known of the existence of the memoranda. With the permission of the Council I read such portions of the memoranda as I thought fit.
After the prisoner, Ma-chow Wong, was committed for trial, application was made that he should be admitted to bail. The Committing Magistrate refused to accede to the application, and an application was then made to the Judge in Chambers, for the admission of the prisoner to bail. The prisoner was bailed, and I saw Mr Caldwell come with the bail to the Police Court, I think at the time it was accepted by the Chief Magistrate.
In consequence, it was arranged that one shop, which was considered more as the family residence of the prisoner, should be given up, but that the remainder of his premises should remain in the hands of the Police. I was Acting Assistant Magistrate at this time. My belief is, that Dr Bridges interested himself because of the movement of Mr Caldwell in the matter.
I handed to the Acting Colonial Secretary the papers containing the memoranda, saying, when I did so, "I leave these in your hands." I have not seen the memoranda since. With regard to the original books and papers seized in the house and shop of Ma-chow Wong, were sent up to the Government Offices; but whether to the Acting Colonial Secretary's office, or to the Chinese Secretary's office, I do not know. To the best of my knowledge they passed from the hands of the Police to the Chief Clerk in the Magistracy, and from him to the Government Offices.
My impression at the time was, that these memoranda did not contain evidence of matters which formed the subject of either of the two pending inquiries, or which could have been adduced in evidence on the trial on either of the indictments before the Supreme Court, because the investigation, those found in the house are those from yik Loong shop related exclusively to the two cases under which alone the memoranda were extracted, and these were taken from the house to the Central Station in an iron chest, of which Mr Jarman had the key.
I believe that all the books, papers, and writings, taken possession of by Inspector Jarman, remained to the best of my knowledge in his custody, until they were examined by Tong Aku in my presence, after which they still remained in Jarman's custody. From the Central Police Station the books, &c., found in the house, were taken to the Police Court, under charge of Jarman, and they were still in his charge when examined by Mr Stace, Mr Caldwell, and an Interpreter, and remained so I believe until the time they were sent to the Magistracy for transmission to the Government.
I believe, but am not certain, that when so sent they were sealed up, but when or by whom I do not know. I do not know anything as to their transmission up to the Government Offices after they were sent to the Magistracy. To the best of my knowledge all the books, &c., found in the house, were sent from the Station to the Police Court, to be transmitted to Government Offices.
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[The Commission then proceeded to take secondary evidence tendered by Mr May, of the contents of these memoranda to the best of his recollection, reserving for after consideration the question of the admissibility of such evidence.]
No. 1.—There were about 15 items, with dates of purchases of guns, gunpowder, stinkpots, shot and muskets. I cannot say within what years. There were some single payments of as much as 50 taels for powder and 600 taels for cannons. The books bore on them the seal and some the name of Ma-chow Wong.
No. 2. One item of delivery of a large quantity of saltpetre or sulphur, to a man—a manufacturer of gunpowder at Shek-tong-tsui, a village beyond West Point.
No. 3.—There were about a dozen entries of payment of very considerable quantities of cash—called "ancient" cash—as much as 200,000 or 300,000 cash each entry, paid for articles of consumption.
No. 4.—Three or four covers of books, the leaves being torn out, and on the back of the books was written "Monthly payments from such and such a gambling house to Ma-chow Wong."
No. 5.—There were two or three entries of payments made to Ma-chow Wong, for and on account of the Sunon people.
No. 6—Was a book shewing an account of monies received by Machow-Wong, a lessee of the village of Cheem-sha tsui, on the opposite shore, and an entry of a payment of so many dollars to Kowloong Police runners, on some business connected with Cheem-sha-tsui.
No. 7.—A page of a book, an account of receipts either for or from Mr Caldwell, amounting altogether in different amounts to more than 600 taels. It did not say in respect of what.
No. 8.—A paper which was written to this effect, "An agreement between some man in the lower bazaar, Ma-chow Wong, and Mr Caldwell, that if the Lower Bazaar man was successful in an ejectment case, the property was to be sold to Mr Caldwell for a certain sum of money, I think $1000—of which certain sum $500 were to be allowed as expenses of the suit, the remainder of the purchase-money going to the vendor."
No. 9.—There were some papers in English in Mr Caldwell's hand-writing, receipts for wages paid to a man named Beaver, for his services on board a lorcha: some of them said "received from Mr Caldwell" and some "from Wong Akee." Other receipts for sums paid to other Europeans for similar services; one was to the best of my recollection for a sum paid to Graham. There was one paper directed to a European shipwright of Hongkong—I think Mr Ross. "Please deliver the bearer some spars, and place the same to any account," signed by Mr Caldwell. These were dated 1856 or 1857.
No. 10.—A letter from the commandant at Kowloong to Wong Akee's partner—Chinese name—thanking him for his services with reference to certain property which had been taken from Kowloong when the military went over there, and had been restored, and requesting this man to thank Mr Caldwell for his services.
No. 11—A cover of a letter from a man who was known as a pirate—I forget his name—who, in 1856, escaped from the Police through the aid of Ma-chow Wong from Ma-chow Wong's house, and who was at the time of writing the letter in the service of Chan Kwei-tsik. The cover said "from so and so, at such a place, to Wong Akee." I do not know whether the cover stated that he was in Chan Kwei-tsik's service, or whether the interpreter inferred this from the locality whence it came, or other circumstances.
No. 12. There was a money account between Ma-chow Wong and some one at Singapore, relative to what in my memo. was described as the "slave trade," the buying of persons and reselling of them at Singapore.
No. 13. There were about ten entries of payments to lawyers, most of them mentioned Mr Stace's name, but not in respect of what business.
No. 14. An entry of a receipt of money—it was a money account, and therefore I conclude a receipt—of a sum of money for service rendered by Wong Akee in obtaining the assistance of an English man-of-war, to recover a vessel from pirates.
No. 15. There must have been also an entry shewing him to have been connected in some measure with the robbery of silk from Messrs Gibb, Livingston & Co.'s godowns, but what the entry was I do not recollect.
No. 16. A paper shewing the number of guns fired at different places.
No. 17. A memo, shewing the division of some money as shares in a Chinese boat transaction. There were twelve shares.
No. 18. There was some paper, but I cannot recollect what it exactly was, shewing Ma-chow Wong's connection with the Sunon Wo, a house belonging to the people of the Sunon district, and under the management of Ma-chow Wong.