398
(119)
Mr L. D'Almada. It is possible Mr Gibb might have mistaken me for my brother.
Mr Anstey. There is no mistake in the matter. Mr Jozé D'Almada was here in this Court but a few minutes since, Mr Mitchell the Sheriff saw him.
Court. Dr Chaldecott might give some explanation.
Mr Anstey. I now give notice that if on Monday next, any of the witnesses subpœnaed are absent, I shall not be satisfied with written certificates, but shall insist on Dr Chaldecott being sworn, and personally examined as to their state of health.
5343.
THE QUEEN v. TARRANT.
(118)
IN THE SUPREME COURT OF HONGKONG. Criminal Sessions, November 18th 1858. REGINA V. TARRANT.
At the opening of the Court this day, the Hon'ble T. Chisholm Anstey, Attorney General, Counsel for the defendant, addressed the Court, as follows,
or March, as nearly as possible. 7th Why he did not, before the end of June, inform the Legislative Council that the documents had been destroyed, and that the production of them, therefore, which had been demanded, again and again, could not take place. 8th If destroyed, what were the contents of those documents, and how far they affected Mr Caldwell or any other officer of Government. Lastly a full, true and complete account of the proceedings.
Mr Green. Sir John Bowring is as much bound not to reveal what took place in the Council as the Colonial Secretary or any other public servant.
with others, to the said Government against Daniel Richard Caldwell, Esquire, Registrar General of the Colony and submitted to the investigation of a Commission appointed for that purpose by Sir John Bowring, the Governor of the said Colony, and which said charge might have been satisfactorily proved before the said Commission, but for the interference of the said Government to prevent the Crown.
(This report is from the shorthand notes taken for the Crown by Mr Weatherhead, Acting Deputy Registrar.)
My LORD, Some material witnesses are absent; nevertheless, I am quite ready to go on with the case. It is likely to last two days. Mr Davies writes me that being at Macao he cannot appear before Monday, and though the prosecutors have not condescended to notify us of the matter, I have heard, vaguely, that Dr Chaldecott is prepared to swear that Sir John Bowring is unable to appear in this Court, though quite able to drive out in his carriage and go to other places.
Court. If you are not in a position to go through with it, the case had better be postponed altogether.
Mr Anstey. A murrain appears to have visited all the officers of the Government. Another states that he is laid up with a badly inflamed leg. However, I suppose we must bow to the will of Providence, and submit to a postponement.
'pose that it was not performed after deep meditation, and "with reference to consequences.”
TRIAL.
Monday, 22nd November, 1858.
For the Crown. The Hon'ble F. W. Green, Esquire, Acting Attorney General, Mr George Cooper Turner, Crown Solicitor.
For the Defendant. The Hon'ble Thomas Chisholm Anstey, Esquire, Attorney General, Mr Henry Jefferd Tarrant, Attorney.
SPECIAL JURY.
Patrick Campbell Esq., Manager of the Oriental Bank Corporation, (British). John Costerton Esq., Manager of the Incorporated Mercantile Bank of India, London and China, (British). N. M. Beckwith, Esq., of the firm of Russell & Co., (American). Francis Chomley, Esq., of the firm of Dent & Co., (British). Francis Parker, Esq., of the firm of Augustine Heard & Co., (American). Phillip Cohen, Esq., of the firm of Phillips Moore & Co., (British). Albert Vaucher, Esq., of the firm of Vaucher & Co., (Swiss).
The Jury being sworn, the Acting Registrar read the INFORMATION.
IN THE SUPREME COURT OF HONGKONG.
The Eighteenth day of November, One thousand eight hundred and fifty-eight.
HONGKONG TO WIT.
Mr Anstey. Sir John Bowring is at perfect liberty to reveal any of the proceedings of Government to all the world, and exercises the power whenever he thinks fit.
Court. There is no doubt that Sir John Bowring stands in a very different position in that respect from the other officers of Government. The trial must stand over for the present until the parties now unable to appear recover their health. I cannot appoint a day until they are well.
Mr Anstey. As we cannot have de bene esse examination in criminal cases, it would be an advantage to take the evidence of such of the witnesses as are now present.
Mr Green. Might it not be possible by making certain admissions to dispense with the evidence of Sir John Bowring?
Court to Mr Anstey. Your's is an application for postponement on account of the absence of material witnesses.
Mr Anstey. I propose that we go on with the case as far as we can.
(Signed) FREDK. WM. GREEN.
William Tarrant, take notice that you will be tried on this information at the Criminal Sessions at the Supreme Court to be holden at Victoria in and for the Colony of Hongkong, on the eighteenth day of November in the year of our Lord one thousand eight hundred and fifty-eight, and following days.
A. WEATHERHEAD,
for the Registrar.
IN THE SUPREME COURT OF HONGKONG.
Criminal Sessions, October, 1858.
The Queen against William Tarrant.
The Queen comes into the Court here and charges William Tarrant of the Colony of Hongkong aforesaid, Editor and Proprietor of the Newspaper called the Friend of China, with having, with intent to move the Queen's subjects to hatred and contempt of the Queen's Government in the said Colony, and to cause it to be believed that a certain grave and scandalous charge having been preferred.
Mr Anstey being suspended from office was at liberty to act for the defendant.
SECOND PLEA. And for a further plea to the said Information, the said defendant, protesting that he is not guilty as aforesaid, nevertheless, according to the form of the statute in such case provided, says that the said alleged libel in the said Information mentioned was printed and published by him the said defendant, after the passing of the Act of Parliament of the seventh year of the Queen, chapter twenty-six, to wit on the day and year in the said Information mentioned and not otherwise.
Dr Chaldecott.—It is impossible for me to fix a date.
Mr Anstey.—A week say?
Dr Chaldecott.—I should say not, decidedly.
Mr Anstey.—Well then, a fortnight perhaps.
Dr Chaldecott. It is impossible to say. All I can say is that he is not at present in a fit state to appear in Court.
Court to Mr Anstey.—What do you wish Sir John Bowring to prove?
Mr Anstey. I will state the points required, 1st, I wish to have the documents produced specified in the Subpœna Duces Tecum. 2d All that he knows respecting the receipt of, and the parting with Mr May's memoranda, and the papers respecting Mr Caldwell and Ma-chow Wong on which those memoranda were framed. 3d What took place in the Executive Council respecting these memo. Mr D'Almada having declined to reveal any of the proceedings on the plea of official secrecy. 4th Whether Sir John Bowring knew what became of the memoranda, and the like as to the Ma-chow Wong papers themselves. 5th Whether he gave any and what directions or suggestions respecting the safe keeping or destruction of those documents or any of them. 6th When were those papers destroyed to the best of his belief, whether in May.
Mr Anstey. I only want Sir John to give permission to his officers to make the admissions and afford the information required.
Court. Very well, let it be so.
[Mr Anstey here applies to have the Jury drawn now by the Registrar, so that only those need attend on Monday who would be actually required.]
Court. They must all appear again on Monday.
Mr Anstey. The whole of them?
Court. Yes.
Mr Anstey. I have just been informed by Mr Gibb, whose word no man doubts, that one of the absent witnesses, Mr J. D'Almada, was in Court just now, and present at the very time of my commenting on the circumstance of so many of the Government officers being prevented by illness from attending. I submit that this is a gross contempt of Court, and deserves some notice from your Lordship.