75
August 1858.
Mr. Mercer the Colonial Secretary by Sir John Bowring's Reservations of the 2 different sides of the matter. Although then on sick leave in August 1858, he had the kindness to come up to Government House to see B. Fytten of the 162 Alacao expressly to testify on my behalf to the fairness of my communication. The Jury (a Chinese one) returned their verdict in my favor.
7. – I have reason to believe that my explanation was not unacceptable to your Lordship. I beg to refer to one of the documents connected with the present case, and to my former memorandum "Observations on the mutilated condition, in which it was laid before the Executive Council by the late Governor Bowring" vide my letter to the Secretary Lei L.B. Luther of the 18th August 1858.
(1 condition)
whom any suspicions of malversation of Office had been from the dock of my arrival, directed by Sir John Bowring himself, and also by the Advisers whom he had recommended to my confidence -
9. – Mr. May the Superintendent of police and acting Assistant Magistrate,
10. But I afterwards discovered, that both Mr. Mitchell, and Mr. May were altogether undeserving of the suspicions so-produced by these informants; - and that Mr. May at least had actually rendered good service against the doers of the very mal-practices in question.
11. – The subsequent Evidence, which satisfied me of the mean injustice done to those two gentlemen, viz. H. S. Keating, then Acting Colonial Treasurer, and Mr. Rienacker, was received from Sir Richard Bethell's letter, vide H. S. Keating's Law Reports 1858, pp. 6-9, and his evidence on the second day, 28th May. The suspicions upon Mr. Caldwell himself were partly founded on certain Court Depositions in 1838 which Secretary Lord Hauley had forwarded to Sir John Bowring for his information.
It is singular that the first important information on this head was contributed by Mr. Dixson the Queen's printer, the partner and successor of Mr. Shortrede to whom Sir John Bowring had referred me, and who had referred me to Mr. Caldwell. – Mr. Shortrede was at this time in Europe.
In future cases like that of Mitchell & May, the Attorney General for England reported their opinion to be that "where so vexatious and unfounded an action is brought against a Law officer; for acts done in the discharge of his duty, he has a right to every assistance from the Governor, both in the procurement of testimony and otherwise" – and Secretary Lord expressed himself, in conformity with that opinion.
12. On the 4th July and 3rd Sept. 1837 two remarkable convictions for piracy took place in the Supreme Court of Hong Kong: – the first that of the famous American leader of Chinese Pirates Eli Boggs, the latter that of his employer and confederate, the Chinese Pirate Ma Chow Wong. Both of these men had been nearly connected with Mr. Caldwell;