G
This I call Point No. 3.
Point No.4, is this,―That Kwon-sun-kwan, who swore and deponed at the Courts in Hongkong was certainly not one of the five teased by Mr. Caldwell at Macao, and has to be looked on as a saborned perjater.
I now come to deal with the man Ahsoong. ment to Mr. Caldwell, this man said that, after being taken to Macao In his first state- by Shum Ahing, 33 of our number, including myself, were retained in the Barracoon (Sma-fook-tai)-After about 4 days we were all, 33 in uumber, taken before the anthorities, and when they asked us if "we would go, we did as we were told and nodded our heads "We
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were escorted to the house of the authorities and back "to the Barracoons by several Chinese and Portuguese remained in "the Barracoon till the 10th of January** and watching my opportunity "I made my escape out of the barracoon through this door.".
Now as the Coolces contracting only go suce to the house of the author- ities, viz at the time when they sign their Contracts, the Procurador to test . the truth of this statinent sent for the Contracts of the three Coolees that had escaped out of the hong during the mouth of December, and as the name of Alisooug was not found amongst them, he was desired to explain; and to assist in identification of the man, all the Portuguese people belonging to the barracoon were desired to attend; and these men, ander oath, then declared that they had seen the informer often in the Barracoon with the brokers but that he never was admitted as a Coolee in the Barracoon. One of the Barracoon men indeed, swore positively to him as being a brok- er; but this man is gone to Hankow, and cannot he produced to give legal evidence. I shall content myself therefore with having made this point ou the evidence accompanying Mr. Marquis's statement referred to in Point No. 1, and to be cited presently, that Ahsoong confessed it was true he was not a Coolee that had escaped but a broker.
Mark now the criminal conduct of Mr. Caldwell! Interpreter Delfino Xavier, whose sworn deposition before the Procurador 1 append, says in efect, when Mr. Caldwell heard the in former admit that he was a broker, not a Coulee that had escape (and therefore that all his scheme hat fallen through) he said in a low voice-you must persist in asserting that » you are a colee not a broker "-What can be clearer as proof of Caldwell's guilt than this? The point No. 6.
And then what was Caldwell's conduct P-Why he brings Ahsoong back to Hongkong, and, in the face of the knowledge of this Delfino Xavier, of Mr. Procurador Marquis, of another Interpreter of the nane of J. R. de Luz, of Lieutenant C. da Silva, and Cheang Aciun, all of whom can be produced to prove that Absoong -ad- mited in their, and in Caldwell's presence that he was a broker, and not a
Cooled that had escaped, he placed the man in the witness box, as that had escaped to convict Shoum Ahing of kidnapping.
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a Coolce
This 1 will call Point No. 7.--And I respectfuly subunit Sir, that, as Grand Jury, you have ample evidence on which to base a prosecution agrīnst D. R. Caldwell of having with the Chinese Ng Asoung and Kwon- sir kwau, wickedly devising to procure the conviction and punishment of Shum Aling, on the 2nd of February 1860, before the Acting chief Magistrate of Police, Hongkong, amongst themselves indawfully cous pired, combined, confederated and together agreed to falsely und fraudulently charge the said Shum Abing with having kidnapped and sold into slavery forty five Chinose, On this charge the sail Shum Abing was committed to take his trial, and on the evidence of the said cons- jirators, on the 21st day of February 1860, was wrongfully convictel and sentenced to four years' penal servitude.
And I further present to you the said 1). R. Caldwell and Joseph Scott, Governor of Victoria Goal, who devising and intending to prire the continuance of the sentence passed as aforesaid on the said Shum Abing, and to prevent enquiry into the truth of the matter charged in j the said indictment of the said Shuur Aling, did on the 23rd day of March 1861, among themselves unlawfully conspire, combine, confederate and agree together to charge me with having induced the said Shum Ahing to draw up a statenient implicatory of the said D. R. Caldwell of an improper intimacy with the pirate Mah-chow warg before mentioned; and in proof of this false and fraudulent combination and confederacy I submit the attested copies of declarations before Her Majesty's Vice Consul at this port, of James Ritchie, John Ross and William Gant, as herento appended;—and I farther charge the said T). R. Caldwell and Joseph Scult with having amongst themselves feloniously conspired, combined, confederated and agreed together to assail the life of the said Shum Aling, first by threats of corporeal punishment, to wit on the 12th day of March 1860, when the said Shun Ahing was locked up in a solitary Cell in the Victoria Gaol, where means were placed to his hand to commit suicide, and afterwards, within nine days of the said date, by logging or causing him to be flogged three several times on the back, whereby the flesh of the said Shum Ahting was torn and lacerated in a frightful manner. And in proof of this the Turnkeys John Ross, aud" James Ritchie, and the Wardon of the Gaol, W. R., Whiteman, together with myself, can give evidence.
In conclusion 1 beg to inform you that His Excellency the Governor of Macao has authorized me to say that, on the request of the Hongkong Government, he will direct the Portuguese officers I have mentioned to attend the Court and give the evidence embodied and referred to in this letter and its accompaniments. And all the others mentioned as able to