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366
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Mr Caldwell. Lûn Cheong, the prisoner, said that during Ma-chow Wong's investigation at the Magistrate's Office, Ma-chow Wong's family was living with him. One day he went home and said to Ma-chow Wong's wife, that very likely Ma-chow Wong's case would be committed to the Supreme Court, and that Ma-chow Wong's wife was not pleased; he also said that some of the Sunon men had petitioned on behalf of Ma-chow Wong, and had gone round the town to get shops' signatures; that he himself, being a native of Sunon, refused to go to get signatures. Because of this, he says Ma-chow Wong's wife had an ill-feeling towards him; he said he believed that Ma-chow Wong's wife herself complained to Mr Caldwell, and for that reason, he believes that he was prosecuted.
I was Gaoler at the time of Eli Boggs' trial, and attended in Court as Gaoler on the occasion of his trial. I took down to the Supreme Court a tin box containing articles belonging to him. I received the tin box from the Police, but do not recollect from which officer. It was placed on the table at the Court. I do not remember what was in it, nor do I remember anything being taken out. I was present when Boggs made his defence. I think he had some papers in his hand. I don't remember whether he read from them. I am not certain whether the box was handed over to the Police after the trial. If it had been taken back to the Gaol, it would have been deposited in the Store-room. I have never seen it since. I do not remember seeing or hearing at the trial any paper containing Mr Caldwell's name read. I heard Mr Caldwell's name mentioned by Boggs in his defence.
I have heard from Kwei Ch'oi, a Chinese female, that she was sent for by Mrs Caldwell. Mrs Caldwell said, "people are saying that you gave me a gold bangle. Did you give it me or not." Kwei Ch'oi replied that she had not given her one. I have not heard of any other person being sent for.
Cross-examined,-I went to Kwei Ch'oi's house on the occasion I speak of. I visit her now and then. I think this was about a fortnight ago, but I heard the report from several other women before. I did not go to her house for the purpose of questioning her about this. I asked her whether she had put a gold chain into a loaf of bread and sent it as a present to Mr Caldwell. She said "No." I asked about the gold chain because I had heard of it. I haven't heard about the intimidation of witnesses who were to appear before this commission, but judge from my own arrest. I told Mr May when asked that I was afraid to come before the Commission to say anything against Mr Caldwell; if I should, no doubt I would get into trouble. I also heard that a man conversing with another said, "I hear that Assow is going to give evidence against Mr Caldwell; he appeared to be angry, and my reply to the best of my knowledge was, 'well; if he should, he will not get clear off himself.'" This man was the Chinese Sergeant of Police, Lo Ahing. I think it was about the beginning of last month that I was arrested.
Cross-examined, I recollect the examination in the Gaol Yard of the men who were sent to Hainan. There was a great number of men apprehended in Bonham Strand, some of whom were put in the Debtor's Gaol, and some in the Mill Yard. I remember a large number of these men being examined in the Debtor's Gaol Yard. I do not remember the Attorney General being present. I remember Mr May and Mr Caldwell. The prisoners deported to Hainan were mustered by Mr May—the list drawn up—and Mr May and Mr Cluff were present. I do not recollect the Attorney General or Mr Caldwell being present. Mr Caldwell came to me the day after and inquired about two men who had been sent away, who ought not to have been sent. Mr Caldwell had nothing that I am aware of to do with the deportation of these men; it was conducted by Mr May, who was then Acting Sheriff and Superintendent of Police. Mr Caldwell mentioned the names of two men, but I do not remember the names. After I told him that they were mustered under the orders of my superior Mr May, my recollection was that I could not help myself, and that I made out a rough draft of the list of prisoners to be deported, and these were finally arranged by Mr May. This occasion, on the morning of their embarkation, is to my knowledge the only one on which the prisoners were examined.
LEONARDO D'ALMADA E CASTRO,-Called and examined.
I am Clerk of Councils and Chief Clerk in the Colonial Secretary's Office. I did not officiate as Clerk of Councils when the enquiry concerning Ma-chow Wong was being made by the Executive Council. My brother, who is now sick, officiated.
[The proceedings of the several meetings of the Executive Council at which reference was made to the case of Ma-chow Wong were read to the Commission by permission of His Excellency the Governor, from which it appeared that Mr Mongan was examined previously to Mr May and that the Council finally decided on rejecting the petition for the release of Ma-chow Wong, upon a perusal of the translation by Mr Wade of the papers found on Beaver; Mr Wade stating that he had not had time in any way to examine the papers referred to in Mr May's memoranda.]
ROBERT EDWARD MACKENZIE,-Called and examined.
Re-examined, I have never as Gaoler had reason to remark or complain upon the great number of commitments or liberation on warrants signed by Mr Caldwell under the deportation ordinance. There was only one occasion on which we were very much overcrowded with prisoners. I think that about that time a great many prisoners were received from several justices. I think there were no more upon Mr Caldwell's warrant than upon others.
Mr Caldwell has never, during my service as Gaoler, interfered in any way with the Gaol, the prisoners, or the officers. There was a difficulty in mustering the men for deportation, the names which some of them gave being different from those on the list, and I think Mr May called Mr Cluff to interpret. I did not see Mr Anstey present.
CHARLES MAY,-Recalled at his own request.
I recollect the man Beaver being brought before me charged with piracy. Mr Caldwell was the first witness and stated that from documentary evidence, which he would produce on a future day, he would show the prisoner's confederation with pirates.
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I was asked for the promissory note. If the man was to be released, it was to be $800; if he was to be imprisoned, it was to be $400. I do not know if $400 were paid; my share has not been paid. My partner came to me for it, but I would not pay; I don't know whether he has paid or not. I told this story to the Attorney General without mentioning names. I mentioned Shaplok's name and the name of the partner who spoke to me. I only mentioned Shaplok's name to Mr Lane. It was not because I was afraid that I did not mention Mr Caldwell's name. The pawnshopman has told me that the $400 have been paid. He asked for $50 to be paid to Shaplok as a cumshaw. I heard that the $400 had been paid to Shaplok; the $50 was also paid to Shaplok.
I do not remember a petition being sent into the Governor for the pardon of Ma-chow Wong, nor do I remember speaking to Tam Achoey about it. I recollect going to Mr May by request of Tam Achoey. I cannot recollect what I said to Mr May. Upon hearing Mr May's evidence read over, I now recollect having said to him what he states I said about the Ma-chow Wong petition.
JOHN ROBERTS,-Recalled.
I remember being instructed by Mr May to take possession of a lorcha off Wanchi, which was supposed to be the Alma. I did seize her and found that she was not the Alma. I found about 36 cannon on board; there were certainly not less. I suppose she could carry about 2,000 piculs of rice. Some of the guns were mounted, and some were dismounted, lying forward. From what I was told on board, I went to Mr Caldwell's office and saw Mr Caldwell. There was with him at the time a man whom I did not know, but whom I have since known as Ma-chow Wong. Mr Caldwell told me he had sold the lorcha and then commenced talking with the Chinaman, and told me she was not the Alma. I inquired about the guns. I don't recollect if he said to whom he had sold her, but it was evident from the manner in which he spoke and referred my inquiries concerning the guns to the Chinaman, that the latter was the owner or agent of the lorcha. I inquired about the guns, and Mr Caldwell spoke to the Chinaman, and said they were guns of two junks which were either repairing or had been lost on the coast.
Cross-examined-Mr Caldwell asked if there was a large vessel alongside, and I said that there was a lighter alongside, into which I thought they were going to hoist the guns. There are always a number of vessels at Wanchi.
Adjourned till to-morrow at 12 o'clock.
TWENTY FIRST DAY.
Saturday, 10th July, at 12 o'clock Noon.
Present,-All the Members except the Hon. Mr Davies.
JOHN BROWN COMPTON,-Called and examined.
I have resided in China since January 1834. I knew Mr Caldwell when he first came to Canton, about July or ...