400
(115)
The defendant being called upon to make any statement he might think proper through his Counsel, The Hon'ble the Attorney General, states as follows:-
(114)
the Mail, that certain money transactions with Foreigners were referred to in Ma-chow Wong's books, referred to Mr Lane was examined after me.
This examination there was more than one such letter. I recollect that the China Mail. Ma-chow Wong connection was the source from which [The said China Mail of 15th October is exhibited to the danger was apprehended. There was a letter relating the witness, and six letters printed at 595, columns Caldwell. I had known of other transactions with foreigners, but as those were of mere business matters, I do not There was one relating to the Supreme Court Interpreters. tion now, or formerly, to impute to Her Majesty's Government any share in the trick of which, in his conscience enquiry. I believe they form the whole of it. Colonial Secretary, dated, I believe, in July 1857, relating he believes himself to have offered full proof as againstter of 6th October was the only summons I got to verbal statement.
The wise I should not have inserted them, even upon Mr May's to a speech made by Eli Boggs in his defence on his trial certain Officers of that Government. He meant, and he attend before the Council. Having been by that letter for piracy, in which he apostrophized Mr Caldwell then means the word Government in its vulgar and improper sense, in which it denotes a plurality of public servants rate letters from Mr Inglis and Mr May, which were in and in this case, Dr Bridges, Mr Caldwell and whatsoever niess desired by the Governor, informing me, however The Council appeared to be perfectly astonished. Dr formant. He wrote me in reply that he could not attend, in, produced his memoranda, and read them, item by item the nature of reports to the Government on the same sub-subordinate Officers were aiding and abetting in the trick that he had memoranda which bore out my statements Bridges said he did not know whether he was standing on ject, and dated I believe, shortly after Mr Anstey's letters. His only regret is that he did not expressly say so, in the All these letters were laid before the Commission. As far article which is the subject of this prosecution, and the relating to Ma-chow Wong, which memoranda he (Mr his head or his heels, and asked, "Why have I not seen as my recollection goes, it is not true that those letters by his omission he has enabled the guilty parties to decouncil. I then (12th October) went to the Council, was tion which I forget. The Governor then referred Mr May May) would bring with him if required to attend the those documents before?" Mr May gave some explana- contain no imputations on Mr Caldwell, but, on the con- grade the name of Her Majesty by uniting it with their examined, and, with Mr May's permission, left in His Ex- to Mr Mongan's translation. Mr Mongan was then called trary, did intimate that the connection between him and own, and so far he has to apologize for it.” Ma-chow Wong was unbecoming and dangerous. I recol-
cellency's hands Mr May's notes, and, I believe I also fur-in and in answer to the Governor's question stated that he lect there was a reference in Mr Inglis's letter as to a family Supreme Court.
Defendant stands committed to take his trial before the nished Mr Almada the Clerk of Councils with a copy of had not made a very close examination of the books but connection between Mr Caldwell and Ma-chow Wong, by the note, and made that a ground for requesting that the merely a cursory one. The Council then broke up in blood or usage. I strongly differ with Dr Bridges as to original might be returned, which was done accordingly some confusion, and I believe Mr May left his memoranda only one reference having been made by the Attorney General to the danger of employing Mr Caldwell in any do not know what became of the original note, but will in their hands. The documents read by Mr May were neral to the danger of employing Mr Caldwell in any look for it. In returning me the note, Mr Almada remind the same I had previously perused. I do not think Mr matter of state or police. As far as my recollection serves ed me that the proceedings of the Council were confidential. I declined to act upon that intimation. In my ex the sworn evidence of Dr Bridges, as to the contents of tial. I declined to act upon that intimation. In my examination before the Council, I placed the original in His the three letters of July 1857, was very far from a correct Excellency's hands, to show that I was prepared with not refer to a connection between Ma-chow Wong and Pi- proofs, through Mr May, of substantiating what I had stated rates, but to the connection between Mr Caldwell and Ma- in the China Mail. The Governor said "we have got a translation of May's memorandum, but they do not bear out your statements" (meaning the statement in the China Mail of the 17th September, which His Excellency had chow Wong.
(Signed)
H. T. DAVIES
IN THE SUPREME COURT OF HONGKONG.
The Queen against William Tarrant.
I the above-named defendant make oath and say as follows:-
1st-On the twelfth day of this present month of October, I was committed by William Henry Mitchell, Esq., Assistant Police Magistrate, to take my trial for libel in this matter in the said Court at the suit of the Queen, but I was permitted by the said Magistrate to go at large upon entering into my own recognizances in the sum of five hundred pounds to appear at the said trial.
2d-No bill hath as yet been found against me to the best of my belief.
3rd-I have repeatedly applied at the office of the said Magistrate for a complete copy of the Information and Depositions in this matter, offering to make the same, if necessary, at my own expense, but without success.
4th-I believe that the said Information and Depositions have not as yet been sent by the said Magistrate into this Court.
(Signed)
W. TARRANT.
W. H. MITCHELL.
(Signed)
I certify the above to be a true copy.
A. WEATHERHEAD, Clerk of Court.
Sworn at the Supreme Court of Hongkong, this 28th day of October, A. D. 1858.
Before me
(Signed)
The Queen
v. Tarrant.
A WEATHERHEAD,
A Commissioner.
True Copy
(Signed)
DOCKET.
Affidavit of Defendant
Filed 29th October, 1858.
A. W.
N. R. MASSON, Acting Registrar
29th October, 1858.
Motion by Mr Anstey. Ordered that the depositions be forthwith returned into Court.
Defendant in person.
(Signed) N. R. MASSON.
[Reads Mr May's secondary evidence of the contents of his memoranda, as given at page 37 of the printed evidence.]
I remember the items from one to six, both inclusive. With exception of payments to Police Runners, I do not remember item No. 7. If there had been shown or read to me such a paper I must have remembered it.
No. 8, I do not remember; if it had been read or exhibited I should have recollected it.
No. 9, I make the same observation as to this item.
No. 10, The same.
No. 11, The same.
No. 12, I remember.
No. 13, I remember.
No. 14. I do not remember.
No. 15, I remember the entry had some reference to the village of Chim sa chui, as the receiving place of the stolen silks.
in his hand.) There was great deal of conversation about the memorandum, in which I defended my statements on their authority. His Excellency then ordered Mr May to attend forthwith. I also gave into the Governor's hands a Bill of Exchange drawn by Ma-chow Wong on a pirate leader in Shanghae. I have that bill now in my examination my possession; the amount is $3,000. Before closed, Mr Mongan was called in, and produced the alleged translation of the documents. The translation was read aloud by Mr Mongan. I said at once.-"Those cannot be the same documents." I was perfectly astonished. I think the Governor asked Mr Mongan whether he had made the translation himself, or could guarantee its correctness or something to that effect, and he replied that he believed it to be correct. He added that he had been directed to assist Mr Caldwell in making it, I do not recollect whether Mr May was there during Mr Mongan's examination.
No. 16, I do remember.
No. 17, The same.
No. 18, I recollect. I recollect there were some very heavy payments to Ma-chow Wong, as representing the Sunon people, in Copper Cash, for Lottery tickets, as well as Gambling-houses. These entries were very heavy numerically. I feel assured that I did not see all Mr May's memoranda.
(Signed)
AND. S. DIXSON.
The Hon'ble H. T. DAVIES,-recalled states. There were several letters produced before the Caldwell Commission, having dates between October and May last, from the Colonial Secretary's Office, in which reference was made to the danger of employing Mr Caldwell as a public servant. Those letters were from the Attorney General to the Acting Colonial Secretary. I feel certain Mr Mongan did not sit down, but stood on the Governor's left hand. His Excellency examined me chiefly with regard to those of my statements which were afterwards justified by the memoranda, His Excellency requested proofs of all my other statements, which, owing to the lapse of time I was unable to furnish. My statement in the China Mail of the 17th September was justified by the memoranda.
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