118
345
(38)
I do not recollect any more of the contents of the memoranda; I consider that what I have mentioned gives but a meagre account of what was contained in them.
Many of the items as written on my memo. bore dates but I have not the slightest recollection as to what they were.
As evidence of Mr Caldwell's intimacy with Ma-chow Wong: I have seen Ma-chow Wong seven or eight times within Mr Caldwell's house, and I have seen him very many times entering or departing from Mr Caldwell's house. I may instance, on one occasion, I saw him in a room used as an office in Mr Caldwell's house in Gough Street. I went there early in 1857, about a case then under inquiry, in connection with the conspiracy to carry off Colonel Caine and Mr Caldwell. Ma-chow Wong was then seated in Mr Caldwell's office. Mrs Caldwell was there seated, and Mr Caldwell. We had some conversation referring to the case. Upon another occasion I saw Wong Akee in Mr Caldwell's house, some time after he returned from Shanghae, I think in 1855. I cannot recall any particular times, but those two. I have never seen him there in the position of a friend—in the one case already mentioned, he was there, I believe, on business connected with the prosecution, and on the other occasion he did not appear to be there as a friend. I know that in 1855, when he came back from Shanghae, he brought some silks with him; Mr Caldwell told me so. I purchased one of the pieces of silk from Mr Caldwell. Ma-chow Wong's manner and bearing when I have seen him with Mr Caldwell were different from those usually exhibited by a Chinaman in an Englishman's house. I have not observed any other signs of intimacy when I have seen him in Mr Caldwell's house.
I directed early in 1857, Mr Schaeffer, of Victoria, came to me, and said that he believed that his lorcha called the Alma, which had been taken by pirates, was then lying off the Seamen's Hospital, and he wanted Police assistance. Inspector Roberts, and a party of police, to seize the supposed Alma. In due time Mr Roberts returned and reported to me that he had seized the vessel, although he knew that it was not the Alma, because he found about 36 cannon on board—that he had left constables in charge of the boat—that from what the people on board told him he had been induced to call at Mr Caldwell's office, and that Mr Caldwell told him that the lorcha belonged to him, and I believe Ma-chow Wong; and that he wanted then my orders as to the further disposal of the boat. Seeing no cause of suspicion, and that Mr Caldwell claimed the boat, I directed that the Police should be withdrawn from her, without any further inquiry. I am not quite certain, but I think Mr Roberts said, Ma-chow Wong was with Mr Caldwell at the time he went to him.
Another instance is that connected with the Gold Dust Robbery, a piracy committed in the vicinity of Hongkong, in 1856, in which about $5,000 or $6,000 worth of gold dust was plundered from some returned emigrants. There were some European, and some Chinese prisoners in the case; they were tried in the Supreme Court and convicted. About $1,000 worth of gold dust was found in the possession of different prisoners, and remained in the hands of the police. It was a very difficult and complicated case: the Chinese concerned in it were men of considerable influence and wealth, and but for the zealous assistance given to me by Tong Aku, I am certain the case would not have arrived at a successful termination. I had great difficulty in getting witnesses to speak as to the identity of certain prisoners, and the actual losers of the gold dust—the returned emigrants—although repeatedly written to, and the case remanded from time to time in order to obtain their evidence if possible, persisted in non-attendance. It was stated to me during the progress of the case, and has been stated to me since, and I think Assow the Police Court Interpreter can say more, shewing that there was some connection between some of the prisoners in the gold dust robbery and Ma-chow Wong. The $1,000 worth of gold dust in the hands of the police taken from the prisoners remained in the same custody after the conviction, until some months subsequently I got an intimation from the Acting Colonial Secretary, that a petition had been presented through Mr Caldwell, for its delivery to certain of the returned Emigrants, from whom it had been plundered. I immediately waited upon the Acting Colonial Secretary, and told him that I considered that as these men had in no way rendered assistance in the conviction of the prisoners, in fact had purposely stayed away after their presence had been demanded, that in reason they ought not to receive the gold dust, and secondly that they had no legal right to it. Much more was said, but this was the purport of it. I urged strongly that the property should not be given up, as it would be a dangerous precedent. I was over-ruled, and I then asked permission to deliver the gold dust to Mr Caldwell, so that upon his shoulders should rest the entire responsibility of its rendition to the claimants. This was assented to, and I subsequently delivered to Mr Caldwell at the Central Police Station the whole of the gold dust excepting a very small quantity—7 taels,—which was reserved for certain of the boat people who had had it in their custody, and had been actually witnesses in the case. When I delivered the gold dust to Mr Caldwell, I observed to him, “I am indignant at this proceeding—there is the gold dust; I wash my hands of it altogether; I think you will have very great difficulty in finding out whether they are emigrants or not, but it rests upon your shoulders." Mr Caldwell replied, "I'll take very good care to obtain good security, but at all events Jack will take care of me." By Jack I knew he meant Ma-chow Wong. At that time I was standing in the Registration office at the Central Police Station, and saw Ma-chow Wong come into the office with five or six Chinamen, whom I understood to be the recipients of the gold dust. Some short time afterwards, I got a note (R) from Mr Caldwell, asking me to give him the remaining seven taels of gold dust, and I did. I sent an order I think to Mr Grand-Pré, to deliver it to him.
About a month subsequent to the apprehension of Ma-chow Wong, a Chinaman presented to me as Sitting Magistrate a Chinese petition. This was interpreted to me by, I believe, Tong Akü, to the effect that the petitioner was one of the emigrants who had been plundered at the gold dust robbery—that neither he nor any of the real emigrants had ever received one fraction of the gold dust, which he understood had been recovered from the pirates—that he had been told that certain men had falsely represented themselves to be the emigrants—that these men had been obtained by Ma-chow Wong—each of them had received a small amount, but that the bulk of the gold dust went to Ma-chow Wong, Mr Caldwell's servant and Mr Caldwell. I asked the petitioner whether he had been deputed by the other emigrants to make this representation. He said that he had, and that they had given him a letter stating what he had represented in his petition. I asked him to produce this letter; he said he had not got it with him, but he could get it. I then told the man that there could be no difficulty as to ascertaining whether the men who had received the gold dust were the real emigrants or not, because I was aware security had been taken for them. I said, "You go to Mr Caldwell with this note," which I then gave him, "and if you are not satisfied with what is stated to you by Mr Caldwell, come back to me with the letter you speak of, and when I have that, an investigation shall be made." The man went away with my note; he returned bringing me a note (S) from Mr Caldwell, which stated that Mr Caldwell could not satisfy the man, because the security papers which he had taken were in the office of the Superintendent of Police. Owing to the security papers not being found in the office of the Superintendent of Police, I directed the man to come again on a subsequent day, being careful to bring the letter with him; but he did not again make his appearance. My belief is that the security papers were not deposited in the office of the Superintendent of Police; they were not given to me, and to the best of my recollection I never saw them.
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On the first day of my examination I stated, that I had only on two occasions had differences with Mr Caldwell. I gave one of the instances before, and now wish to give the other. When Mr Caldwell was in command of the Eaglet, I think the latter part of 1856, a peculiar case occurred of a man being seized in a brothel by the aid of a Police Constable, who said he was under the impression he was seizing a thief. A man who duped the Constable, and one or two confederates robbed the man of more than $100, and the thieves made their escape with the booty, leaving the Constable with the victim. That led to my knowing the affair, and also to my obtaining information as to the plunderers. About a week after the robbery, a Constable got information that the man who had taken the principal part in the duping and robbery, a well-known bad character, was in the upper part of the house of Ma-chow Wong in the Central Market. The Constable went into the house with the intention of seizing the man, but was met by Ma-chow Wong at the top of the stairs, who forcibly prevented his going further, and while the struggle was going on between the Constable and Ma-chow Wong, the thief jumped out of the window and escaped. I directed Ma-chow Wong's apprehension, and he was brought to the Station, and I think, locked up. I went to the market to make personal inquiry and examine the place, and on my way back to the Station met Mr Caldwell coming down the hill in great haste and visible anger. He immediately accosted me with exclamations of the shame of the arrest of Ma-chow Wong, and saying, "You think you've got him safe now." I recollect telling him that I had nothing more to do with Ma-chow Wong than any one else, and that he must be arrested if he hindered the police in the execution of their duty. Mr Caldwell said, "I suppose you will let me bail him.” Ma-chaw Wong appeared next morning at the Police Court. Mr Mitchell was the sitting Magistrate. I heard at the time that Mr Caldwell was present at the investigation. I was not there. Ma-chow Wong was discharged.
I have for very many years known Ma-chow Wong; I should say since 1849. I knew for years before that of the existence of some man whom I afterwards knew by name to be Ma-chow Wong, and I knew that that man afterwards known as Ma-chow Wong was Mr Caldwell's principal and most relied-upon informant. During the whole of that time, whenever reference was made to Ma-chow Wong either by subordinate officers of Police, by old European residents, or by Chinese, they always coupled his name with some epithet having reference to his bad character. As a matter of repute and notoriety, I know that Ma-chow Wong has for years been considered an extortioner, a recipient of bribes from gambling-house keepers, a confederate of pirates, and a receiver of stolen goods. I also knew that because of his well-known position with regard to Mr Caldwell, which every Chinaman in the colony very well knew, Ma-chow Wong was supposed to be in possession of great power, and was held in great dread. Of the extent of the dread I became fully aware, when it was my duty to investigate the cases against him. I spoke to very many Chinese of standing and property, and they all exhibited a knowledge of his evil character, but a reluctance to do more than own it. As an instance, at the time that an appeal was made to His Excellency for the pardon of Ma-chow Wong, I knew that a Chinese petition numerously signed had been presented in his favour. Late one evening, one of the wealthiest, perhaps the wealthiest, Chinaman in the colony came to me, and said that he also represented the feelings of another wealthy Chinaman. The man said in broken English, "I am almost afraid to come to you, I come all same thief, but I want you to tell the Governor, that the Chinese who signed the petition dared not refuse to do so; but if the Governor really wants to know what those people mean, who signed it, let him give each of them one black ball and one white one, and there won't be very many in favour of Ma-chow Wong." I told him, "I can't tell the Governor any such nonsense, if you are a race of cowards...