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your to bring before the Commission persons who will Grand-Pré in conversation; and, was then told, that the testify to the facts I mention.
Adjourned till 12 o'clock to-morrow.
FOURTEENTH DAY.
Thursday, 24th June, at 12 o'clock, Noon.
European Constable who had charge of Ma-chow Wong had immediately before made known that certain large bribes had been offered him by Ma-chow Wong. One of the bribes was offered to induce the Constable to allow the prisoners an interview with Mr Caldwell. I did not consider the prisoner so secure at the Police Station as I thought necessary, and sent him up to the Gaol.
I did not know that the papers which had been sent to Government Office had not been returned to the Police until I heard of their destruction at Government Office, thereafter 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 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 some property remained in the hands of the police, and I have no doubt this property was given up by Mr Grand-Pré, who therefore can give evidence upon it. I have asked both Inspectors, but they can give me no information upon this. I do not know whether I was at that time Acting Assistant Magistrate, or Acting Superintendent of Police, I have 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.
Present,-All the Members, except the Honourable Mr Cleverly, whose place in the chair was taken by the Honourable 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 Caldwell 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 therefore had no opportunity, and now should have none, of correcting 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 suggestions for examination of witnesses]
CHARLES MAY,-Recalled.
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 were, and do not know if the Chief Magistrate desired Mr Caldwell to be present on the occasion. I heard that the Chief Magistrate had had a communication with Mr Caldwell.
About the notoriety of the pirate Po-pak Shing, Assow, the 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.
There was no written order given by me for the delivery of the gold dust to Mr Caldwell, I do not recollect whether I was Superintendent of Police, or Acting Sheriff; I rather think it was as Acting Sheriff. Achak, a clerk in the Registration Office, can say who were the securities in the gold dust affair. I do not know whether the petition referred to in the gold dust affair is in existence, and do not remember whether I gave it back, or whether it was filed.
Mr Caldwell himself told me that the boat of which he had command was manned by Chinese, he did not say by Europeans and Indians. I know from what he told me that Ma-chow Wong had offered him $1,000, to abstain from giving evidence so far as it referred to the identification of one of the prisoners, the Captain of the boat I think.
Cross-examined.-A man deposed at the Supreme Court that he had command at different times of two boats, one of which was decked, and I should think a schooner, because he told me of his having been nearly drowned in the cabin. The threat of personal violence was deposed to in the Supreme Court. I was not Mr Dixson's informant as to Mr Stace and Mr Caldwell having got permission to take away the books and papers, excepted as I now state. I told Mr Dixson that Mr Caldwell and Mr Stace had examined the books and papers at the Police Station, and that my impression was that Mr Caldwell had received the books and papers from the Police Station.
I taxed my memory as far as I possible could with regard to the memoranda, and I cannot recollect more minutely than I stated. The memorandum number 8 in Mr Caldwell's report does not agree with number 8 in my evidence; there was only one paper, as I have stated with regard to No. 9. There might have been one Johnson, but there was no written order given by me for the delivery of the gold dust to Mr Caldwell.
I did not tell Mr Dixson, what he states in papers.
I remember about Graham, because he was a Graham. He was subsequently imprisoned for felony. He was Sheriff's Officer and robbed a boat. Now I recollect, there were two letters from the Kowloong Commandant,-one to Ma-chow Wong, and one to his partner. I have an impression in my mind that there were very many more important matters not referring to Mr Caldwell, only shewing the bad character of Ma-chow Wong, in my memo.-I placed the memo. in the Chief Magistrate's hands, and read it to the Acting Attorney General. I had given it up before the Attorney General returned, but I told him of it since his return.
On Saturday the Prisoner was apprehended, on Monday the Attorney General was in the Police Court for the last time, and then only one-sixth of the memoranda had been extracted. I have not the slightest doubt that I told the Honourable the Attorney General what my impression was prior to my knowledge that the books and papers had been destroyed, -that the books and papers of Ma-chow Wong which were at the Police Station had been given up. I remember the sailing of the Phoebe Dunbar with the deported persons. I was Acting Sheriff at the time, and sent in a list to Government of all persons who were then in Gaol under warrants of Justices of the Peace or Stipendiary Magistrates, coming under Ordinance 2 of 1857, viz., persons dangerous to the peace and good order of the Colony. I have no copy of the list, and know that it is in the records of the Gaol, There were other names on the list, put on by order of the Government, and these persons were those who had been summarily convicted, and it was by the Colonial Secretary's order-I believe a verbal one, that these were included in the lot.
At the time of the taking of the memoranda, and up to the time of my knowledge of the attempt to obtain a pardon of Ma-chow Wong, inasmuch as the memoranda did not refer to the cases for which the prisoner was tried, I had not any idea that the memoranda would be a subject of import. The memoranda were written in a style in which I would write a draft for a letter; they were scribbled. It was singular that the memoranda were not destroyed. I am sure that Roberts told me that he had found about 36 guns on board the supposed Alma. I am not sure whether he said that Mr Caldwell told him that the lorcha belonged to him then, or had belonged to him.
I do not recollect Mr Caldwell searching with me for the security papers in the gold dust affair. I have not the slightest recollection of his doing so.
I believed the list to comprise all prisoners of the classes before mentioned. I had no knowledge of any one fact relating to one prisoner more than to another.
I, myself, had the general management of the deportation, being Acting Sheriff at the time. The list of persons to be deported was made out by me or by persons under my orders.
The list was made out, and an order given by the Governor for their deportation. Mr Caldwell did not make out the list, nor did he take the men off to the Phoebe Dunbar. I think I reported to the Government that the persons named in the list came within the meaning of Ordinance 2 of 1857, and the Government approved the list. I don't think that I had any letter of instructions from the Governor as to the making out the list.
I made the seizure on Bonham Strand; those who could not find security, and were included in the list, were very likely beggars, but I can't say that they were. I do not think that Mr Caldwell was present when I searched for the security papers, after the petition had been presented. I think it was Roberts who apprehended Beaver.
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