84
The printed Report was not compiled by the Attorney General under my direction, but by others. Caldwell's friends in the Commission referred to "Letters" and were on the contrary before us.
42. Mr. Day is no more. He died suddenly within a month after succeeding to my Office. I will neither infer nor state anything against his memory, which was not or would not have been admitted by himself, when living, to be true.
It was by his direction that the Commissioners resolved to print the Minutes and always protested against L.G.
27th May 1858
The Honorable Attorney General avowed examination to restrain their enquiry by the tightest and strictest technicalities prevailing in the Central Criminal Court. Having so resolved, the Trial of the sheep-stealers proceeded with even greater illiberality than before, because they did not have his evidence.
Tarrant, 17th June 1858, p. 31
The accusations against Mr. Caldwell were not to be found in this written statement of charges.
The Lucen & Tarrant Case (supra) and rules would tolerate excluding all evidence of reputation, admissions against Mr. Caldwell, either as to the property, the Minutes, or the characters of himself or his Chinese connections by Marriage.
Ninth, Tenth, Twelfth, and Fourteenth days, his own admissions were before them, and as for property, the documents by which he consented to be bound were made.
Yet, nor treated as the subject matter of the reference.
June 1858, pp. 14, 26, 28
The nature of the first, the fact and circumstances of the second, and the quality of the third were all matters which had been referred to themselves for investigation by Government.
I had never contemplated such a method of enquiry.
41. Mr. Day, on the other hand, had letters of protest from Chow Wong's application to the Commissioner and the Governor for the pardon of the powerful culprit.
Letter of the 30th July 1858 to Dr. Bridges, Acting Colonial Secretary.
Nevertheless, it was the duty of the Commission, by every means, to encourage rather than intimidate the Chinese Witnesses.
See Notification by Government.
It was the usual method, calling on Mr. Caldwell himself to answer in writing or otherwise, but always under the clear protection of official Correspondence.
44. It was afterwards discovered that Mr. Day had put in his claim to be appointed my Acting Successor, conditionally on my Suspension from the Attorney Generalship.
Correspondence relating thereto in Executive Council had met to authorize that measure.
16th August, 1st, and 24th.
I only...