32
As to point 2-Whether the thirty two men that left the Sau fook- the hong for the Emilie Pireire were part of the forty live taken fromle Hongkong-E found, by the general evidence of Mr. Marquis (A & B)** that no proof was obtained of their answering to any particular names and description. By the evidence of Mr. Boyé (enclosure marked C) † the thirty two that went from the Sun-fook-tie bong to the Emilie Pircire could not have been of the forty five taken from Hongkong Further as Asoong declared that he saw the thirty two whom Mir. Caldwell sought in a boat after landing on the 21st, these men could not have gone in the Emilie Pireire, because the Captain of the lurt certifies (enclosure marked D) that he cleared the Emilie Pireire with 150 Coolers on board. This clearance must have been before three F.M. of the 21st of January, as the Steamer, with Asoong and Mr. Caldwell on board, reached Macao late in the day. I rely very strongly on this part of the evidence on Shum Abing's behalf, und trust His Excellency will give attentive consideration to it.
As to point 3--Whether the five men released were really five of the forty five said to have been kidnapped-I respectfully subuit that, from the eirenuustance of neither of them having been examined at the Courts here, there has been no proof one way or the other. And as respects the man Chong Afa, one of the five, the copy of whose contract I appemi, with copies of the others (enclosure marked E) it is clear from the date, 6th December, that he could not have been one of the forty five; for they, with their comrades, only left Kupchee for Hongkong (where they were sent adrift) on that identical day.
As to paint 4-Whether Kwon-sun-kwan were also an Impostor- I conclude this to be proved by the certified contracts of the men nctually released at Macao. His name does not appear in either of them.
As to point 5-Whether Caldwell wore aware of the impostorship of the men put forward as witnesses--I can but conclude, after what Mr. Marquis says in the letter before referred to (A and B) and what Delfino Xavier depones as to Caldwell speaking to the Impostor in a low voice, and telling him he must assert that he was a Coolee that had es. caped, and not a broker, (see enclosure marked F) and also relying on what Cheang Aebun depones that he heard the Informer admit in Mr. Caldwell's presence that he was a broker, not a Coulee ** that had escaped
see page 10 ante.-
see page 15 ante.--
see page 18 ante.-
$ see page 19 ante.
| see pages 12 and 21 ante.—
* see payes 12 and 22 ante.--
s
327
$3
-I can come to no other conclusion, I repeat, than that Caldwell was well aware of the impostorship, and in fact prompted it,
Besides,--the conduct of Caldwell toward myself, inpublishing an as- sertion by the Governor of the gaol, Scott, that I had been on terms of great intimacy with Shun Ahing in the gaol; and in another part of the pamphlet which he has issued, intituled his defence, charging me with having induced † Shun Abing to write the statement which trentually kod to his examination by the Executive Council; this conduct aloue-0 reckless so foundationless-is sufficient to inspire me with the most certain assurance of the gravity and basis of his conspiracy.
And while speaking on this subject I would draw His Excellency's atte tion to the declarations of Ritchie and others (Enclosure marked I‡).
In solemn truth, I do not think I have seen Sham Abing, to notice him distinctly from others, half a dozen times in my life (excepting from such half a dozen times a period when he was locked up in a cell on the misdemean- ants' side of the prison by order of the surgeon, when, during part of one day, I could not help seeing him several times as I passed, and I spoke to him through the grating of the door).
I can name the times when I so saw him First, while be Was on remand, when he sent to ask me to speak to him in the presence of Turnkey during the few minutes that the remanded prisoners were Jed out to wash then. elves at the yard pump. This was on the 231 of January, 1860. The circumstance is noted in my diary, or a remanded
X
This is the precious concoction of the confederates.—
D. R. CALDWELL to J. ECOTT.
VICTORIA, 23rd March, 1861,
DBA RI, With referance to our conversation to-day on the subject of Mr. Tarrant's tummy with Sha Alling in Gaol during the thng the format was a Prisoner on the Criminal vida of the Ghani, and Mr. Marrow's and visit to the Gaol, I have put duwa hero tio substance of what you said, úd far as a recollection serves me,
Yuu anid that during the tims Mr. Tarrant was in the Criminal Grol, you had on several occasions. observed his great intimacy with Shunt Ahing, and the frequent close conversations he had with him, that you had observed, on tuore than one occasion, Mr. Tarrant conversing with Shan Abing in the most friendly way, with his arm around Sham Ahing's neck a that as Mr. Tarrant id complaine to the authoritice of being plated with Criminals, you thought it was strange that Mr. Tarrant should o such friendly turns with out of puodu criminals, and that you had more than one sparstod
Signed D, R. CALDWELL.
J. SCOTT to D. R. CALDWELL..
25th March, 1861.
DEAR SIR-Your statement of the substance of our conversation on the 23rd instant, to correct, and I am ready to verify the sune.
Signed J. RCOTT,
+ See page 114 of the Minuics, and page 58 of "the-fence. "-- + See page 24 ante.-
DES