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of the wife of Mah-chow Wong; and the circumstance should not be over- looked, as evidence of his poverty, and the improbability of his having recriv ed in Macan a large sum of money for selling men, that he lay two days in gaol before he could procure bail. While he was in gaol, and, according to Caldwell's evidence, even before he, Caldwell, had taken down A soung's Statement of having been kidnapped and sold by Shum Ahing. Shum Ahing's servant, (Cook) was arrested, as particeps criminis in the kid- napping. Shum Aling inmediately on getting bail called on Caldwell to explain the matter of arrest for debt (a circumstance in itself proving how much interest Caldwell took in all Mah-chow Wong's old business "be knew all about it ") and was then given in eustody on the charge of kidnapping. Shuni Aling being safely lodged, Caldwell then got authority from the Governor to go to Macao and release the men said to have been kidnapped, and this brings me to those points of evidence on which sufficiency lies to swear an indictment for conspiracy and subornation of perjury →
"on the 21st of
Asoong and I arrived in Macao," says Caldwell, January-
"I saw the 32 Coolees in a boat," says Asoong, "after we landed - (As the steamer did not leave till Noon it must have been late in the day when he so saw them).
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We called at the Sun-fook-tye bong first," says Caldwell,” on the 23rd (The 22nd was Sunday) where I ascertained that 32 men answering to the names and description given by Ng 'Ahsoong, had been shipped two "days previously for Cuba by Mr. Boyé in the French ship Emilie "Percire,
In rebuttal of this "answering to wames and description "I now submit Mr. Marquis's testimony appended, to the effect that no books were pro- dured on the occasion of the visit, the manager of the hong did not appear, and no proof whatever was given of any men sent in the Emilie Pereire "answering to names and description." Remedios, the Interpreter accompanying them, confirms this; while that The evidence of Floreutino de of Mr. L. Boyd, who despatched the Emilie Pereire, is stronger than all. In brief, he has declared (as appended) before the British Consular agent at Macao, that, of his own knowledge, not one of the 45 men brought from Hongkong went in the Emilie Pereire, and he gives the names and descrip- tion of every Coolie that he received from the inaunger of the Sunfook tyc hong about and after the period when these 45 came to Macao; the causes which he gives for this knowledge being most plausible.
At first I was disposed to think that it were possible the men had been placed in the Sun-fook-tye hong and afterwards removed; but he writes me saying that only those went in to the Hong that were intended to go to Havuna, and this therefore dissipates such conclusion.
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In swearing. then, that the 32 men who he, Caldwell, affected to seek, went in the Emilie Pereire, and in swearing that some thirty that had left the Sunfook-tie hong answered to the rames and des cription of the men that had been brought by Shum Ahing from Hongkong. Caldwell, it is clear, swore to what was false; and the probabi- litles are that Asoung swore also to what was false in saying that be suw the 32 in a boat after lauding; the inference desired being that these 32 were then going off to the Emilie Pereire.
As to the Harbour Master's record, there can be no doubt about it. That official's office closes at three and before that hour-before Caldwelt and Asoong reached Macao--the Certificate was formally filled in ia the books that can be produced, that the Emilie Pereire had cleared with 160 on board.
This I call, for precision of reference, Poiut No. 1.
Taking Mr. Caldwell's evidence at the Magistrate's Court seriatim, we next find him saying that at the Barracoon called It'o-shang, as soon "as we appeared, jour of the Coolees came forward and spoke with 'Ng Asoong and corroborated the statement made to me by him of their "having been kidnapped and sold.”
*
Admitting that these four were of the 45, though not admitting that they were kidnapped, the question arises how is it that neither of these four gave evidence of the kidnapping at the trial of Shum as found in the Contracts in the Maero Their names, Ahing? Procurador's office, and appearing in the certified copies of the same appended, were Hum joi quin --Cum in quay-Chom Achin and Choin Ajap, and all of them could write. But the name of the man produced in the Hongkong courts was Kwon-sun-kwan, and he could only make A The reasonable inference from this circumstance is mark for his name. that these four could not be depended on to say other than that they had voluntarily consented to go to Havana, and therefore were not kidnap- ped. This I call Point No. 2.
"The next day" says Caldwell" Asoong was sent to a Barracoon with a "Police constable, and returned with one man, who made a similar state- "ment to that received from the four previously released,” Now as regards as Mr. Marquis says, this man, called Chong Ata, there can be no doubt,
of his impostorskip, for the contract which he had signed bears date the 6th of December, (copy appended) the very day on which, according to the evidence, the whole 120 left Copchee over a inndred and fifty miles from Macao. The acceptance of this man, as one of the forty five, evidences a recklessness in the mode of getting up the evidence, altogether unae- countable. Caldwell appears, in short, to have been satisfied that any thing would do for a Hongkong Magistrate and for Hongkong Jury, if he Presented it.
TH