depositions appeared to have been taken down by the Magis-
trates with greater care.
Upon the subject of hasty legislation in regard to the introduction of Acts of
Parliament into the Colony, and the Secretary of State's views upon the matter, see Chaps,
XXIV. and XXV. , infrà.
THE PROMOTION OF MR . HILLIER. 383
In consequence of the resignation by Mr. Robert Dundas Cay, ch. XVI § II.
who had now been on leave for some considerable time, * of his 1856.
office of Registrar of the Supreme Court, on the 29th April Resignation
of the
it was notified that, under instructions from the Secretary of Registrar-
State for the Colonies , Mr. Alexander † had been appointed ship by
Mr. Cay .
Registrar , and that Mr. Masson would act as Deputy Registrar Appointment
pending the pleasure of Her Majesty's Government, he being of Mr.
eventually confirmed in the appointment by Notification of the Alexander
Registrar. as
30th September . The exact reason for Mr. Cay's resignation Mr. N. R.
of his appointment was never known . § It may be recollected Masson,Deputy
that he first arrived in the Colony with the other judicial author- Registrar.
ities in May, 1844. ||
At the end of April , the news reached Hongkong that Mr. Mr. Hillier
appointed
Hillier, the Chief Magistrate, had been appointed Her Majesty's Her
Consul at Siam . This was the first appointment of the kind in jesty's
Consul at
that country and must be looked upon as the outcome of Sir Siam.
John Bowring's visit to Siam early last year. The Colony
lost in him, if not the brightest, certainly one of the most honest,
conscientious, and straightforward of its servants . He left with His depar-
his wife on the 10th May, by the P. & O. Steamer Singapore, for ture.
Bangkok via Singapore, to take up his appointment, and consi-
dering his long and honourable career in this Colony, it is not His long an
considered out of place to reproduce in extenso what was said honourable
career in
of him at the time by the leading exponent of public opinion in the Colony.
Hongkong, and which fairly represents one's reading of the past
in reference to this gentleman . The extract also shows the fare-
well which he, as a popular officer , received on his departure The farewell
given him
from the Colony :-
as a popular
officer.
" An independent, painstaking, and conscientious official is so great a
rarity, that the departure of such an one from a limited community like that
of Hongkong is severely felt. Mr. Hillier, in whose uprightness and
integrity as Chief Magistrate, both natives and foreigners reposed almost
unlimited confidence, the Chinese especially, have lost a warm and stead-
fast friend. Of this they seem to have been aware, by the tokens of
respect they showed him at his departure. A large procession was formed
at the temple near Taipingshan, which proceeded to Mr. Hillier's residence ,
accompanied by music and bearing two splendid sedan chairs, such as are used
in religious processions for the gods, -one chair containing a basin of water,
the other a looking-glass, implying that his character was pure as water
and unstained as glass. An address was also presented to Mr. Hillier by the
Chinese, and a gilt tablet bearing testimony of their respect and good-will.
The procession afterwards proceeded through the city, notifying to the Chi-
nese population their irreparable loss .
* See antè Chap. XIV. § I., p. 332, and Chap. XV., p. 353.
+ See antè Chap. XIV. § I., p . 332, and reference there given.
Antè Chap. XV., p. 354.
" Mr. R. D. Cay, the first Registrar of the Court, was a Scotchman with a large
family, which is about all we know of him, nor can we tell why he threw up such an
excellent appointment." The Early History of Hongkong. —W, TARRANT, p. 87.
Ante Chap. II., p . 47 .
Antè p. 358.
384 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Ch. XVI § II. But to the foreign community as well, the loss is very great, and will be
the more felt from the difficulty likely to be experienced in filling his place.
1856.
A barrister may be procured , who will dispense to the Chinese more law , but
we are not likely to have a Magistrate from whom they will receive as much
justice. Mr. Hillier's intimate knowledge of the Chinese language and of
Chinese customs enabled him to keep down abuses, and elicit truth where one
ignorant of the language would wholly fail. Alas, now for the poor Chinese
under the mysticisms of the law, and in the hands of unprincipled interpre-
ters ! Already is Mr. Hillier's absence from the Bench seriously felt."
His death
not long But Mr. Hillier's good fortune was not for long. With deep
after. regret the announcement was received in Hongkong, on the 18th
November, that Mr. Hillier had died of dysentery on the 14th
October on board the American ship Don Quixote, to which he had
been conveyed for treatment, accompanied by Mrs. Hillier, and
Public the surgeon of the surveying schooner Saracen . Public opinion
opinion of
Mr. Hillier in in Hongkong agreed that, for uprightness and integrity of charac-
Hongkong. ter, few men in the Colony could have been compared to him.
During the short time that he was in Bangkok he had made
himself much liked , rumour had spoken warmly of the benefits
accruing to foreigners from Mr. Hillier's exertions and influence
His funeral with the Siamese, and his death was much regretted there . His
in Bangkok. funeral was attended by the heir apparent as well as by the
King's youngest brother. The Saracen fired minute guns.
The procession of boats extended nearly a mile three abreast. *
Changes on After Mr. Hillier had left Hongkong to assume the duties ofthe
Mr. Hillier's
departure Consulship in Siam, Mr. W. H. Mitchell, the Assistant Magis-
for Bangkok. trate, Sheriff, and Marshal of the Vice- Admiralty Court, was
gazetted acting Chief Magistrate, Mr. Charles May acting in
lieu of Mr. Mitchell, and Mr. Grand- Pré as acting Superintendent
of Police under Mr. May's occasional supervision . The duties
of Coroner were performed by Mr. May, and the gaol inquests
were held by Mr. Mitchell .
Mr. H. T. These appointments , however, all came to an end in Novem
Davies
appointed ber, on the arrival of Mr. Henry Tudor Davies, barrister -at-law,
Chief Ma-
gistrate of who had been appointed Chief Magistrate in succession to
Hongkong. Mr. Hillier.
* A local paper of the time alluding to Mr. Hillier has the following in reference to
his meritorious career in Hongkong-" Mr. Hillier came first to China in some subordinate
capacity on board a merchant ship. from which, still in his teens, he was taken into the
establishment of Fergusson, Leighton, & Co. That firm failed in 1812, and in the same
year he was appointed Clerk in the Police Court. Close application to the study ofthe
Chinese language, and excellent ability at performing the will of his Chief (the present
Lieutenant-Governor Caine, then Chief Magistrate) procured himsteady promotion - Clerk
of Court ; Assistant Magistrate ; Sheriff ; Coroner ; Chief Magistrate ; member of the
Legislative Council ; member of Schools Committee : Emigration Commissioner, etc , all in
turn have fallen to Mr. Hillier's lot. " In addition to the foregoing it may be noted that
Mr. Hillier was married, on the 28th May, 1846, to Eliza Mary, daughter of the Reverend
Walter H. Medhurst, D.D., of the London Missionary Society at Shanghai. His wife, at his
death, was allowed a pension from the Civil List of £50 a year.
* See anté Chap. VII., p. 147, note.
A DISGRACEFUL EXECUTION . 385
Rear- Admiral of the White, Sir Michael Seymour, K.C.B. , Ch. XVI § II .
appointed to command the naval forces in China, in succession 1856 .
to Admiral Sterling ( Admiral of the Red ) arrived in Hongkong Admiral
Seymour
in H.M.S. Encounter on the 6th May, 1856, and at once shifted appointed
Naval
his flag to the Winchester, pending the arrival of the Calcutta. Commander-
in-Chief rice
It had been incorrectly stated that Admiral Sir James Ster- Sterling.
ling, who had left Hongkong for England in February, had
been recalled at his own solicitation . Mr. Ross D. Mangles,
in a letter to The Times, stated that Sir James Sterling had not
been recalled, but had resigned , " a course he had for some
time contemplated in consequence of ill -health. " With reference
to Sir Michael Seymour, it may be noted that he had been
second in command of the Baltic Fleet in 1855 , when he lost
an eye by the explosion of a Russian infernal machine on board
the Exmouth and for which he was afterwards granted the usual
service pension . In September, 1856 , he was further gazetted
a Rear-Admiral of the Red.
On the 8th May it was notified that the Governor had au- Mr. Anstey
thorized Mr. Anstey, the Attorney- General, to institute an holds an
inquiry
inquiry into the subject of the expenses of civil procedure and respecti
respecting
practice generally, including office fees , fees of counsel, and expenses
of civil
attorney's costs . Officers in the service of the Government procedure
were directed to assist the Attorney - General in his investiga- andetc. practice,
tions, and all persons interested were invited to supply such in- Passing of
formation as was in their power. The upshot of this , no doubt , No.
Ordinance
14 of
was the passing, on the 31st July, of Ordinance No. 14 of 1856 1856 as
the result.
(relating to Fees and Costs ) .
On the 10th May, Lieutenant- Colonel Hope Graham,† officer Departure of
Lieutenant-
commanding the troops and a member of the Executive Council, Colonel
left for England on leave , being succeeded for the time being Graham.
Lieutenant
by Lieutenant- Colonel Franklin Dunlop until the 30th April, lonel
1857 , when he resumed command and his seat in the Executive Dunlop acts
and is made
Council. a member
of the
On Monday morning, the 19th May, the extreme penalty of Council.
Executive
the law was carried out on the person of a Malay named Sama- Execution of
rang, who, at an extra Sessions held on the 3rd May, had been samarang
for murder.
found guilty of the murder of a Chinese girl on the morning
of the 30th March, on board of a receiving-vessel at Swatow.
The gallows for this intended victim of the criminal law had execution.
Place of
apparently been erected some days before the execution , near
the north- east corner of the Magistracy compound . The exe-
cution was conducted in a most shameful manner, the unfor
See antè Chap. XIV. § II , p. 312.
† antè p. 359.
386 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Ch. XVI § II. tunate man , after having the rope adjusted , being obliged to
1856, wait whilst efforts were twice in vain made to knock out the
bolt, which was only finally performed after the poor wretch
had been taken off the gallows and sent to the guard- house,
whilst some of the gaol people got the bolt into working order.
Samarang's
cruel and Such a cruel and disgusting exhibition , the result of apathetic
disgusting indifference towards the sufferings of the wretched prisoner,
execution. and at which humanity might well have shuddered , was by no
means unprecedented in the annals of Hongkong. But, as
usual, no one was held to blame.
Previous
execution Prior to this execution , a piece of ground lying immediately
spot. above the old Naval Stores had been used as a place for execu-
The
aftergallows
execu- tions, but it having become too valuable to be used any longer
tions remain for such a purpose, it was sold by the Government and now
exposed to
public view. the place, previously mentioned , had become the " Tyburn "
of Hongkong.
A protest. There was nothing to be said against the site thus fixed upon
by the authorities, but public opinion demanded, on behalf of
the ladies and children who it seems at this period made Caine
Road a promenade, that at least a screen should be thrown up
to hide from their eyes so disgusting and abhorrent a sight as
the "gallows tree."
Ordinance
No. 10 of An important Ordinance passed on the 29th May, was No.
1856. 10 referring to " Lis Pendens and Purchasers .
Lis Pendens
and Purcha- The principal matter of interest during this month was a
sers.
well authenticated rumour that Mr. Anstey, the Attorney-
Mr. Anstey
slanders General, had grossly and malignantly slandered the Chief Jus
the Chief
Justice. tice by remarking, at a dinner at Government House, that the
He charges Chief Justice had exceeded the bounds of temperance . This was
the Chief repeated to Mr. Hulme, who immediately called on Mr. Anstey
Justice
with having to retract his remark. The profound respect and esteem which
exceeded
the bounds of was
of felt
the for thehaving
charge intended victim
been mostofclearly
the calumny, and established,
and fully the falsehood
a
temperance.
Sympathetic letter of sympathy and indignant protest against the calumny,
and indig-
nant protest signed by almost, if not quite, every foreign resident unconnect-
by the ed with the Government, was without delay presented to the
community Chief Justice, as well as another letter from the members of the
and the legal
profession. legal profession . Mr. Anstey, instead of, like a gentleman (after
Mr. Anstey the evidence which had been adduced in favour of Mr. Hulme,
repeats
the charge. against the base assertion brought to his door ) apologizing for
The Se-
his mistake, on the contrary repeated the charge in most offen-
cretary
of State sive language. As will be seen the Secretary of State, to
takes a
different whom the matter was referred for decision , took quite a
view. different view of the facts, and Mr. Anstey now only got his
SIR JOHN BOWRING IN THE JOURNAL OF T. RAIKES, ESQ. 387
deserts . The following is an extract from the Secretary of ch. XVI § H.
State's despatch upon the subject, dated the 28th August , 1856.
1856 :- The des-
patch.
" Mr. Anstey avails himself of it " [ the appeal to the Secretary of State]
" not by expressing his willingness to make the apology which the evidence
brought forward on behalf of the Chief Justice seemed to render proper, nor
even by simply declining to give that apology, but by a letter, in which he
repeats the charge in what I must term very virulent and offensive language,
calculated, as far as in him lay, to degrade and vilify his superior func-
tionary ; and Mr. Anstey himself repudiates the excuse that he had only
used ordinary freedom in remarking on the Judge's demeanour on some private
convivial occasion, by distinctly stating that the occasion was public, one of
high official ceremony.' Mr. Anstey stands, therefore, in the position of an
officer who has made a charge of serious official misconduct against another
superior in position to himself, and refuses to retract or to apologize for it,
although his charge is rebutted by strong evidence, and supported, as far as
the papers before me show, by none ......
My decision on the matter referred to me by both parties as well as yourself
is, that Mr. Anstey owes a public expression of regret to the Chief Justice
for the language which he has used respecting him ; if he refuses to tender
it, I am reluctantly compelled to add, that your duty will be to summon him
before the Executive Council, to suspend him from his office, unless some
new ground of justification , which I cannot anticipate, is advanced , and
to report the proceedings fully to Her Majesty's Government, with any
statement which Mr. Anstey may think .fit to make for their ultimate decision
thereupon ."
Needless to say that after such a severe reprimand as that Mr. Anstey
afterwards
contained in the foregoing despatch, Mr. Anstey made public makes
reparation to the Chief Justice which avoided the necessity of public
reparation
his being suspended from office, but the people of Hongkong to the Chief
had already been able to judge sufficiently of Mr. Anstey to Justice.
form an opinion of him, and the hope was now fervently expressed Indignation
which Mr.
that the indignation which his conduct had aroused would prove Anstey's
a lesson to him, and that, for the well-being and comfort of the conduct
aroused.
Colony, he would soon be removed to some more congenial spot.
A local paper, while reproducing the following extract taken Character
from The Journal of T. Raikes, Esq. , Vol. I. , p . 243 , in refer- of Sir John
Bowring
ence to Sir John Bowring, the Governor, whose age alone had from ' The
Journal of
now begun to disqualify him for the onerous and important T. Raikes,
position which he held, quite apart from his unpopularity, which Esquire ."
was already fully evident, added as a prefix to the document the
following words : -- " The following is the character given of Sir
John Bowring twenty years ago. There are few people who
have had anything to do with His Excellency who will not agree
that the likeness is a wonderful one
" The French Government has made some slight concessions as to the
duties on a few articles imported from England, rather to meet the clamour
See Hongkong Register, 3rd June, 1856, p. 99.
388 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Ch. XVI § II. of the nation on these points, than to promote any new commercial inter-
1856. course between the countries . They are in fact unimportant, but Dr. Bow-
ring, delighted , after three years' ineffectual pressing and supplication here, to
have obtained even this slight relaxation, is gone over to London with the
proposal. Of all men, high or low, that I ever met in society, this Dr. Bow-
ring is the most presuming and the most conceited . He is a fit charlatan,
for Whig employment ; pushing and overbearing in his manner, and , like other
parvenus, assuming an official importance which is highly ridiculous . Some
years ago, he was arrested by the French Government at Boulogne and his
papers seized . Irritated at this embarrassment, he wrote a most violent letter
to the police in Paris , in which , after bitterly complaining of this infraction of
the Law of Nations, he concluded by saying, that the Bourbons had com-
mitted an act on his person which might hurl them from their throne.”
Mr. Anstey The London Gazette of the 10th June, announced that Mr.
confirmed
as a member Anstey had been appointed a member ofthe Legislative Council ,
of the and on the 26th August he was gazetted locally as having been
Legislative
Council. duly confirmed to the seat to which he had previously been
appointed . From this date the Attorney - General has had a seat
in the Legislative Council .
Ordinance On the 21st June, Ordinance No. 13 of 1856 " for the admis
No. 13 of
1856 . sion of candidates to the rolls of practitioners in the Supreme
Court, and for the taxation of costs was duly passed . Under
section 7 , " no person bonâ fide domiciled within the Colony,
and who complied with the provisions of the Ordinance , was dis-
qualified from obtaining such admission as aforesaid merely by
reason of alienage, or that he is by birth a Chinaman, "
Owing to the dearth of interpreters, Government recently ob-
Yung
an Awing, tained temporarily the services of one Yung Awing, an articled
articled
clerk to clerk to Mr. Ambrose Parsons , the solicitor, as Chinese interpreter
Mr. Parsons, to the Supreme Court. This was strongly objected to because
objected
to as an apparently this articled clerk still remained in the service of
interpreter
of the Court, Mr. Parsons , and though serving in the Supreme Court was still
putting in time in Mr. Parsons ' office.
Mr. Anstey's
On the 1st July, on the opening of the Court, Yung Awing
opinion
that Yung informed the Chief Justice, in consequence of a conversation he
Awing's had had with the Attorney- General relative to the new Ordi-
appointment
incompatible nance regulating the admission of practitioners in the Supreme
with the Court, that he would feel obliged if the Court would release him
provisions of
Ordinance from his duties as interpreter, as the Attorney- General was of
No. 13 of
1856. opinion that his holding that office was, as laid down in the
His resigna- Ordinance, incompatible with his position as articled clerk to
tion. Mr. Parsons. The Court acceded to the request.
Gaol inis-
On the many startling events which had recently occurred in
government.
Mr. Anstey connexion with the administration of justice in this Colony
files a since the advent of Mr. Anstey, one that was most likely
criminal
information to bring him into further disfavour, thereby justifying the
* See antè p. 371.
EXTRAORDINARY CHARGES AGAINST THE SHERIFF BY MR . ANSTEY. 389
prediction of The Liverpool Albion at the time of his appoint- Ch. XVI § II.
-
ment that " he had gone to the Celestials in a diabolic frame of 1856.
mind ,' was the case which he now instituted against Mr. W. against the
Sheriff,
H. Mitchell, the Sheriff, for an alleged misdemeanour in his Mr. Mitchell,
capacity of Sheriff. for a mis-
demeanour.
The charges were for misdemeanour in extorting, or causing The charges.
and inciting others to extort, money from prisoners in his custody
as Sheriff, and were set forth in an information containing
thirteen counts , -an ominous number. The facts shortly were The facts.
these. On the 1st March last six of the prisoners concerned in
the East Point murder, previously reported ,† were sentenced to
death, and against one sentence of death was recorded. At a
subsequent inquiry before the Governor and Executive Council ,
one prisoner was pardoned, and the one against whom death was
recorded and the five others who were sentenced to death had
their sentences commuted into transportation for life. It was the
custom in the Gaol at this time, as is indeed believed to be the
universal custom throughout the British Dominions, to give a
somewhat better and more nourishing diet to prisoners under
sentence of death . On the return to Gaol, after their condemna-
tion in the Supreme Court, of the six men alluded to above, and
of the two others also condemned to death as referred to before,
the Sheriff in the usual manner intimated to the Chinese turn-
key, who had held that situation six years and who previously
had had many condemned prisoners under his charge, that the
prisoners under condemnation were to have the very best
rations, naturally believing that the turnkey's experience in
such cases would be sufficient for him. Such in fact had been
the custom in the Gaol.
The requisition for such extra allowance had been duly made,
allowed , and the money paid in all former cases, and these ar-
rangements for such extra allowance had always been made
through the contractor who supplied the Gaol with provisions .
What induced the turnkey in this instance to deviate from the
usual custom did not appear on the evidence. He did so, how-
ever, for, on intimating to the prisoners that they were to have
the best ' chow, ' the latter sent him to a cook- shop each day
with a bill of the next day's fare regularly drawn out. The
turnkey told the owner of the cook- shop that the provisions
were wanted for the Government Gaol ; to which the reply was :
"I never deal with foreigners, and shall not supply the food
unless you make yourself responsible." The turnkey agreed to
become responsible, and the food was supplied . Under these
arrangements, the fare, asked for and supplied , was of the most
* Antè p. 369.
† Antè p . 376.
390 HISTORY OF THE LAWS , ETC. , OF HONG KONG.
Ch. XVI § II. luxurious description , and the expense incurred as large as that
1856. incurred by most respectable Europeans .
About the 18th of the month it became known to the Gaol
authorities that the six East Point ' prisoners would not be
executed, and they were immediately placed on the usual gaol
rations, while the extra rations were continued until the 26th
to the other two prisoners, on which morning they were executed .
At the end of the month the bill from the cook- shop , amounting
to two hundred and twenty-seven dollars, was presented to Mr.
Mitchell on the Bench during an interruption of business . He,
indignant at what he conceived to be an attempt to extort money
from the Government, tore it up and told the turnkey, who
brought it to him and in whose name it was made out, that the
Government would pay as usual the one shilling per man per
diem, and nothing more. The requisition was sent in on these
terms , passed, and the vouchers amounting to £ 7 . 2s . Od. made
out. This sum was tendered to the owner of the cook- shop and
by him at first refused , but afterwards accepted as part payment
of his bill . As , however, he kept dunning the person he consi-
dered his debtor, the turnkey, the latter spoke to Mr. Mitchell
who replied that the Government would not pay anything more,
Mr. Mitchell but added that the Gaoler might, if he liked , speak to the men to
advised
certain get their friends to pay some ofthe money to help the owner of the
prisoners cook- shop . The Gaoler did speak to the prisoners, and this
to write to
their friends constituted the indirect attempt at extortion alleged, in the first
paymoney
for for to six counts, to have been committed on the 6th April by Mr. Mit-
certain chell. This application , however, if made, was not successful . On
charges .
the 13th April, the direct attempt at extortion was made, as
alleged in the next six counts, and the promise held out of favour
and protection as alleged in the last count. The attempt
was made in this wise : Mr. Mitchell came to the Gaol and, at
the request of the turnkey, went and spoke to the five prisoners ,
one, it will be remembered, having received a free pardon . The
Gaoler, Mr. McKenzie, was present. Mr. Mitchell recommended
the men to write to their friends to ask them for some money to
pay the cook-shopman, adding as a further inducement that
otherwise the turnkey would be held liable . Mr. Mitchell then
went away and had no further communication with the prisoners.
These were, shortly, the facts of the case. It may be added that
Mr. Anstey upon reports of this matter reaching Mr. Anstey's ears, he
makes an
inquiry. at once proceeded to make an inquiry in which Mr. Mercer,
the Colonial Secretary, took part, but at which Mr. Mitchell,
the official most interested , was never present , or allowed even
to attend, though his subordinates were examined, and the
result of which led to the institution of the charges described
above. While the inquiry was being conducted, Mr. Mitchell,
SIR JOHN BOWRING AND MR . MITCHELL. 391
feeling no inclination to lie under the imputation of having acted ch. XVI
- § II.
illegally as Sheriff, laid his case , in a letter dated the 6th June, 1856.
before the Secretary of State, and on the same day the Attorney-
General, receiving no instructions from the Government to proceed ,
by a singular coincidence, recommenced operations by appointing
an interpreter to meet him at the Gaol. Having made his inquiry,
he made his report, and at this point instead of stepping
in and commanding the Attorney- General to stop all further
proceedings, as the matter was for the present at all events out
of the hands of any one in the Colony, the accused having
appealed to the Secretary of State, Sir John Bowring stood still Sir John
and allowed the strife to go on between Mr Anstey and Mr. Bowring's
attitude of
Mitchell, who now had, on his part also, instituted a charge of indifference.
malicious slander against Mr. Anstey for saying that he ( Mr.
Mitchell) had been guilty " of gross magisterial delinquency."
On the 11th June, in acknowledging receipt of Mr. Mitchell's
appeal to the Secretary of State, the Governor informed him
that "he was doubtful of his power to control the Attorney. He is
'doubtful
General in his capacity of Grand Juror when making a prelimi- of his power
nary investigation, and that he was sorry to learn that a war of to control
mutual attack was being carried on between himself and the General.'
the Attorney.
Attorney-General, which whatever else may be the consequences The war of
could not but bring with it much scandal and opprobrium, " attack
mutual
and ended by desiring that some means be found of terminating between
Mr. Mitchell
these " unhappy discussions ." and Mr.
Anstey.
Mr. Mitchell, in reply, on the 16th June, stated that he was Mr. Mitchell
only defending himself against the attacks of Mr. Anstey, who informs
Sir John
he said, alone was responsible for the scandal. Bowring he
is only
defending
On the 19th June, the Governor directed Mr. Mitchell to be himself
informed that he " had also become aware that a criminal infor- against Mr.
Anstey's
mation had been filed against him by the Attorney- General, attacks.
while, according to rumour, a civil action for defamation at Mr. The Gov-
ernor's
Mitchell's suit was pending against the Attorney- General. " reply to Mr.
Mitchell
The letter then proceeded : and the
latter's
" The public scandal which is associated with these disputes between two action for
gentlemen of high official rank is , if possible, most desirable to avoid, and it defamation
is His Excellency's most earnest wish that these actions should not be against Mr.
allowed to proceed , and for the accomplishment of so desirable a result His Anstey.
Excellency will be happy to lend his aid."
Mr. Mitchell
To this letter, Mr. Mitchell on the 21st June replied informs
"that the difficulty in hand admitted of no compromise, Bowring
Sir John the
and he demanded as a right that the criminal information difficulty
filed against him be prosecuted to final judgment as affording adinits
of no
him an opportunity of clearing his personal honour of a foul compromise.
392 HISTORY OF THE LAWS , ETC., OF HONGKONG.
Ch. XVI § II. scandal." In the meantime the case against Mr. Mitchell by
1856. the Attorney- General for attempt at extortion was fixed for
Case against hearing on the 25th June, and on the 12th June, in the
Mr. Mitchell
by Mr. case against him by Mr. Mitchell for slander, Mr. Anstey
Anstey made an affidavit to the effect that he had no confidence
fixed for
hearing. in the decisions of Hongkong special jurors and prayed
In the case that the case might be tried before a common jury. The follow-
of Mr.
Mitchell ing was this strange document : -
against
him for In the Supreme Court of Hongkong.
slander,
Mr. Anstey Between William Henry Mitchell, Plaintiff;
makes an
affidavit and Thomas Chisholm Anstey, Defendant.
of no
confidence I, Thomas Chisholm Anstey, Attorney-General in and for this Colony, the
in Hongkong above-named defendant, make oath and say as follows : -
special
jurors. 1. In the discharge of my official duties as such Attorney- General and
He asks for a also as member of the Legislative Council, and of the late Praya Commission,
common I have unavoidably incurred much personal ill-will from the holders of Crown
jury. lots, and owners of house property in this Colony, which ill-will is at this
The affidavit. present moment much exasperated by the course I have taken and am taking
for amending and making effectual the law for the suppression of certain
nuisances.
2. I am informed and believe that the Special Jury list of this Colony is
made up and consists chiefly or entirely of the holders of Crown lots and
owners of house property aforesaid.
3. I cannot safely go to trial in the above action at law before a special
Jury under the circumstances aforesaid , the same having a natural and in-
evitable tendency to bias and prejudice against me the minds of such a Jury
even unconsciously on their part.
(Signed) T. C. ANSTEY, A.-G.
Sworn at the Court House,
Victoria aforesaid, the twelfth day of June, A.D. 1856.
Before me,
(Signed .) W. H. ALEXANDER,
A Commissioner, etc.
This affidavit at all events, if nothing else, disclosed the
opinion in which Mr. Anstey believed he was then held by at
The prayer least the more respectable portion of the community. Needless
refused.
to say that the prayer was, of course, refused by the Chief Jus-
tice. Complimentary as the application appeared to the gen-
A gross libel tlemen who formed the common jury, it was looked upon
upon the
special as a gross libel upon the special jurors and as such severely
jurors. criticized and looked upon as a compliment paid to the common
jury at the expense of throwing a gross insult in the face
of the Governor and the Legislative Council , who had appointed
the gentlemen in the list to act in the capacity of special jurors.
The hearing
of Mr. Accordingly, on the date fixed , the 25th June, the case
Anstey's against Mr. Mitchell was called on ; it lasted three days, Mr.
RESULT AND View of mr, aNSTEY'S CASE AGAINST MR . MITCHELL . 393
Day appearing as counsel for Mr. Mitchell and Mr. Parsons as Ch. XVI § II.
his attorney. The evidence only supported the fact that Mr. 1856.
Mitchell had made a suggestion, which was admitted ; any case against
Mr. Mitchell.
threat or promise was totally disproved by the contradictory The evidence.
evidence of the witnesses for the prosecution . At the conclu-
sion of the Attorney- General's address ( in the course of which
he had compared Hongkong to " a petty Colony cram full of
abuses and oppression, but no man would speak out because Mr. Anstey's
there was no community of feeling of wrong ; there was mutual extraor
dinary
distrust ; there was no Government ; there was no society ; for address
Government there was anarchy and for society cœlus latronum," upon
Hongkong
and that " he was not there to defend the Government for affairs and
not ordering this prosecution, and that he was not there to people
generally.
censure them for not doing so" ), the Chief Justice intimated
that, as the evidence was very voluminous and would take a
considerable time to read over, he would adjourn the Court till
the next day.
The jury after a short conference said they did not require reque
The Jury ,
st the
the evidence to be read over, but if His Lordship would give his opinion of
opinion on the law of the case, they might bring in a verdict. the Chief
Justic e upon
The Chief Justice thereupon ruled that a mere suggestion by the law of
the Sheriff to the prisoners to write for money or to raise The the case.
Chief
money to pay the cook- shop for extra provisions supplied them Justice
in Gaol could not be considered an attempt at extortion in the rules
merethat
legal acceptation of the term. The jury thereupon returned aument
suggestion
an unanimous verdict of not guilty which was received with by the to
Sheriff
great applause by the great body of Europeans present in Court, prisoners to
which the Judge, however, put a stop to . Thus terminated raise money
for extra food
this serious case brought against a high public official , under- supplied
taken and carried through by Mr. Anstey, as Attorney- General , outside,
them fromnot
in the name of public justice, against the expressed wish of thean attemptn.
at extortio
Government, and which on trial, dwindled down to as paltry, Verdict of
vindictive, and contemptible a prosecution as ever was brought not guilty
in a Court of Justice. received
with
applause.
Of the necessity of inquiring into such a charge, there could A paltry,
have been but one opinion , and had Mr. Anstey, who imagined vindictive,
he had discovered the " attempt to extort," conducted himself temptible
action.
in a fair and open manner, he would have been well entitled to
the thanks of the public, let the inquiry have resulted in what
manner it would , especially if, at the inquiry, the accused had
been confronted with his accuser and his witnesses . As it was , merited.
Defeat well
Mr. Anstey had evidently forgotten that he had scarcely been here a month before
he had quarrelled with both Mr. Mitchell and Mr. Hillier ; that there was a mutual scene
of crimination between the three in the Supreme Court, in which Mr. Hillier earnestly
requested the Chief Justice to check Mr. Anstey in the use of that unsparing abuse and
censure with which he was so ready to attack every one (antè p. 379) , and which the
Chief Justice himself now knew so well to his cost.
394 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Ch. XVIII. it was perfectly impossible to imagine that any other result
1856. could have been arrived at than that to which the jury came,
and the defeat was well merited.
Public
Upon the result of the case, a leading paper of the time con-
opinion.
cluded with the following by no means misplaced remarks : —
" By the pursued course we have the Government hurried into action and
defeated, before the reference Home has travelled the quarter of its journey to
its destination . Suppose the Secretary of State orders an inquiry, he is too
late ; the case is closed, and his despatch waste paper, and all through the
extreme foolish imbecility of the Governor. On these facts, as set forth in
the letters in evidence, we ask is such a man fit to be Governor ? Of Mr.
Mercer, the Colonial Secretary's conduct in the matter we are not, from what
appears on the face of the evidence, inclined to speak harshly, but he must
have seen where the head-strong course of the Attorney-General was leading
the Government, and had he been a man of more power of mind he would
have forced the head of the Government to stop the Attorney-General's rash
carcer as a direct and positive insult- not only to him, but to the Secretary
of State for the Colonies, by taking from out of the hands of the latter, a
case which had been particularly referred to him."
Mr. Mitchell's case against Mr. Anstey for slander was not
yet ripe for hearing, and, as will be seen , did not come on until
The whole
society of the latter end of August. * Meanwhile the whole society of
Hongkong the Colony was convulsed in quarrels, in consequence of the
convulsed
in quarrels. high moral tone taken by the new Attorney- General and his
determination to effect reforms or improvements at whatever cost,
according to his own fancy.
The Chief
Justice The Chief Justice, probably owing to the state of his health,
takes the had begun latterly taking the Bench at twelve o'clock instead
Bench at
noon owing of at ten, thinking at the same time that this would not be ob
to bad health. jected to by the jury or the public generally. The Attorney-
Mr. Anstey General, however, strongly objected , which conduct met with the
objects.
The jurymen disapproval of the community and the presentation of a letter
approve as a
protest to the by the jurymen approving of the Chief Justice's step as a
Attorney- protest to the Attorney-General's opposition . This goes to
General's
action. show the respect and esteem in which Mr. Hulme was held.
Their letter. The following was the letter : -
Hongkong, 26th June, 1856.
"To the Honourable
JOHN WALTER HULME, Esq.,
Chief Justice.
Sir, Having heard that the Honourable the Attorney-General objects to
the Court commencing its sittings at twelve o'clock, on the ground, among
others, that it is unfair to the Jury, we, the undersigned Jurymen, beg to
state that we are more satisfied with the present hour of opening than we
would be with any earlier hour for the following reasons :-
First,-It enables us to devote the morning to our business.
* See Chap. XVII ., infrà.
THE SECRETARY OF STATE AND THE LEGISLATIVE COUNCIL . 395
Second,-Because six gentlemen having been chosen as jurors, the other Ch. XVI § 11.
four are permitted to go about their own affairs, and are not detained the 1856.
whole morning, as under the early opening system, waiting the chance of
their being called on the afternoon jury. -We have the honour to be, Sir,
Your most obedient Servants ."
As may be seen, jurymen in those days when not in the Practice
of keeping
box were not discharged as now till the afternoon , but apparent-
jurymen
ly kept waiting until required to sit. It is not said what Mr. waiting
when not
Anstey thought of this manifestation of good - will towards the the box.
Chief Justice. For some time past it had been rumoured that Manifesta-
tion of
the Chief Justice might retire at an early date provided some good -will to
difficulty about a pension were satisfactorily settled . In conse- the Chief
quence of this an Indian paper, while commenting upon Mr. Justice.
Anstey whose idiosyncrasy had reached that part of the world.
alluded to the possibility of his succeeding to the Bench and
said that " Lord Palmerston took a fine revenge on Mr. Chis- Mr. Anstey
and Lord
holm Anstey by appointing him to Hongkong.' Palmerston's
fine revenge.
As to the rumour that the Chief Justice was retiring or who Local view
his successor would be nothing was known positively. He had of theceChief
Justi at
filled the office since the establishment of the Supreme Court this stage
and of
during the last twelve years, had gained the respect, esteem , Mr. Anstey.
and affection of every member of the community, and had
always been looked upon as the great safeguard and bul-
wark of the liberty of the Colonists and the English in China
" against the efforts of Governors and Superintendents of Trade
that somebody or other's fine revenge ' had inflicted upon
them in the shape of Sir John Davis and Sir John Bowring,"
quite apart from Mr. Anstey who had now succeeded in putting
nearly every man in Hongkong against him.
Mr. Labou-
chere.
At this period the Legislative Council of the Colony con- Secretary
sisted of the following official members : the Governor, the of State,
informs
Lieutenant-Governor, the Chief Justice, the Colonial Secretary, Sir John
the Attorney -General, the Colonial Treasurer, and the Chief Bowring
has no he
Magistrate of Police, and of the following unofficial members , objection to
a moderate
Messrs. Jardine, Edger, and Lyall . increase in
the number
Mr. Labouchere, the Secretary of State, writing to Sir John of the
Legislative
Bowring on the 29th July, informed the Governor that " he Council.
State's of
could see no objection to a moderate increase in the number of Secretary
the Legislative Council, if the Governor thought that desirable, Estimatesof
approval
and that he approved of the steps which he had taken in lay- being laid
ing the Estimates before that body, and inviting their obser- before
Legislative
vations upon the items of public expenditure." Council.
396
CHAPTER XVII .
1856-1857 .
SECTION I.
1856 .
Necessity for a Puisne Judge and new Court House mooted . -The Chief Justice. - The
hall of the Supreme Court described . - Point of practice. Precedence of cases for hearing
settled . The Buildings and Nuisances ' Ordinance, No. 8 of 1856.-Mr. Mitchell and the
interpretation of the Ördinance. - Opposite construction given by the Justices to the
opinion of the Attorney-General. Dismissal of a Crown case. -The Magistrates refuse to
issue summons on fresh complaint by Surveyor- General. - Mandamus granted by Chief
Justice , who expresses views opposed to the Justices. —Governor's memorandum to the
Justices.-The Justices protest against any interference with them in the discharge of
their duties.--Ordinance No. 15 of 1856, amending the law of Evidence and Trial by Jury.
-Act 18 and 19 Vict. c. 42. -Ordinance disallowed.--The Police and gambling. Police
Constable Randolph charged with extortion .- His confession.- Mr. Anstey upon Police
delinquencies.-The Attorney- General's suggestion about a Police Constable's number
and cap ' crown ' approved by the Chief Justice. -The libel case of Mitchell v . Anstey
(Attorney-General).-Verdict for the defendant.--The facts. - Mr. Anstey having no con-
fidence in the Stipendiary Magistrates asked a Justice of the Peace to sit with him.-Mr.
Anstey concludes his speech in an abusive style. He mentions Sir Wm. Molesworth and
the conditions of his appointment. The speech. - The jury find the communication &
privileged one. - Sir John Bowring's demeanour.-The picture of an Attorney-General, as
defendant in an action for libel.--Unique in all scandals of the Government of the Colonies.
-Mr. Anstey's estimation of the special jury. - The London Morning Advertiser upon the
result of Mr. Anstey's case against Mr. Mitchell. -A mean attack. - Mr. Anstey suspected.
-Hongkong the noisome scandal of the East.'--Local valedictory opinion of the Chief
Justice. Mr. Anstey goes to Shanghai. - The Royal Asiatic Society. Paper by Mr.
Anstey "on the administration and value of judicial oaths amongst the Chinese. "-Differ-
ences between the Governor and the Justices of the Peace. - Public meeting.- Ordinance
No. 8 of 1856. -Ordinance No. 14 of 1856 , sec. 12. - The publication in future of every draft
of Ordinance Meetings of the Legislative Council to be held with open doors. -The
Police. - The Chinese complaint against Indian Police. -Governor considers the complaints
against the Police well founded. - Sunday desecration. Government Notification. - Death
of Mr. Jardine, M.L.C. -Arrival of Mr. Davies, Chief Magistrate.- State of affairs in the
Colony.Messrs. Mitchell and May as Magistrates.- The Governor and the governed at
sixes and sevens.'-- Mr. Caldwell taken into the service again. —He is appointed Registrar-
General and Protector of Chinese. General Interpreter, and a Justice of the Peace.-What
Mr. Caldwell's re- employment afterwards proved to the Government. -Mr. Anstey returns
from Shanghai. - Ordinance No. 8 of 1856. - Forty- four persons summoned. —Mr. Anstey as
a Police informer.- He sits by the Magistrate.--Heavy fines and committal to prison.-
Demonstration by the Chinese. - Police reinforced by military.-Government Proclama-
tion. The Proclamation a perversion of language.-Feeling of Chinese against local
authorities.- List of grievances formulated.- End of " Anstey Riot." - The Governor noti
fics to the Chinese Mr. Caldwell's appointment as Registrar-General and Protector of Chi-
nese. The large powers given to Mr. Caldwell. -Arrival of Mr. Hickson, the first Crown
Solicitor. He is also gazetted as Deputy Sheriff, Coroner, and Queen's Proctor. - Mr.
Gaskell relinquishes Queen's Proctorship.- Resignation of Mr. Hickson.- Mr. Cooper
Turner appointed Crown Solicitor.- Mr. May, Coroner and Deputy Sheriff. -Royal Asiatic
Society. Mr. Anstey's paper -" Did Alexander the Great in the course of his conquests
ever reach any part of the Chinese Empire. " --Free pardon to Wong Ashing convicted
of piracy.- Lanterns and night passes . - Increase to Police Force.--Auxiliary force of
European scamen prisoners.-Special Constabulary Force. - Meeting at the Chief Magis-
trate's office.-The Attorney-General and the form of oath taking by Special Constables.-
Voluntary enrolment. -Further increase to European Police Force.
397
SECTION II .
1857 .
Insecurity felt by the community.--Ordinance No. 2 of 1857. - Services of Mr. May
given solely to the Police.-His magisterial duties how performed. -Honorary Degree of
D.C.L. conferred on Mr. Bridges. - Government Notification regarding persons out of
employment. -Military officers gazetted Justices of the Peace.- Mr. Anstey elected Vice-
President of the Royal Asiatic Society. The military officers withdrawn from the
Commission of the Peace.- The thanks of the Government. -The indignant letter of one
of the officers.- Mr. Anstey acts the part of a Police Constable. He gives a Portuguese
gentleman into custody and prosecutes him for alleged obstruction.- His evidence .--The
case is dismissed. -An unnecessary piece of severity. - Strictures upon Mr. Anstey.-
An amateur constable. -Cheong Ahlum. Atrocious attempt to poison the foreign resi
dents of Hongkong.- The ' Esing ' firm. - Cheong Ahlum's departure for Macao. —His
arrest. The sufferers. -The preliminary investigation at the Central Police Station.-
The Justices who conducted the inquiry.-Cheong Ahlum and others committed for
trial.-- Dr. Bridges, Cheong Ahlum's counsel, moves the Court that money found on
Cheong Ahlum's premises be given up to pay for his defence. -Attorney-General
objects.--Trial of Cheong Ahlum and others. - The Attorney-General denounces Dr.
Bridges for violating professional etiquette. - The Chief Justice's ruling. -Barristers
to receive their fees through their attorneys. -The evidence in the case. -The Attorney-
General upon the case. 'Better to hang the wrong men than confess that British saga-
city and activity have failed to discover the real criminals.' Dr. Bridges' argument. -Dr .
Bridges and his friend, Mr. Mercer. - Verdict of not guilty.--The Chief Justice's summing
up. • Hanging the wrong man will not further the ends of justice. -The Chief Justice
acquiesces in the verdict of the jury. The honour of the British name.-After discharge
the prisoners are re-apprehended as suspicious characters.-- Ordinance No. 2 of 1857.-The
Chinese and the prisoners.-Voluntary banishment of the prisoners asked for. —Petitions
and counter-petitions in respect of Cheong Ahlum and the other prisoners.--The petitions.
-Government decide to keep the prisoners. The crowded state of the Gaol induces the
Government to release all except Cheong Ahlum.--Secretary of State's instructions. Cheong
Ahlum allowed to leave Hongkong unless fresh facts forthcoming. - The despatch.-- Sir
John Bowring's reply to the despatch - The complaint of Mr. Murrow to the Governor
against Mr. Anstey regarding alleged insinuations in Cheong Ahlum's case.—A
Chinaman sent to prison for trying to bribe a juryman in Cheong Ahlum's case.
-The detention of Cheong Ahlum and confederates in the Police cells. Public
indignation.--The ' Black Hole ' of Hongkong. -Acrimony in England upon the sub-
ject . The ' den ' episode and the personal attack on Mr. May.- Government officers
and their interest in landed property.--Money-lending by public officers at high rate of
interest, and the late Sheriff Holdforth.-Hymn of thanksgiving composed by Sir John
Bowring. His letters containing accounts of the poisoning case. Ch. XVII § I.
THE necessity for a Puisne Judge and a new and more suitable Necessity
for a Puisne
Supreme Court House was now mooted for the first time. The Judge and
July Criminal Sessions, after lasting some time, was adjourned new
HouseCourt
on Saturday, the 26th July, to Thursday, the 31st, and again to mooted.
the Monday following, the usual sitting of the Court in sum-
mary jurisdiction on the first Friday in the month causing the
delay. With the large number of cases usually in the list with
a sitting in Nisi Prius , when that list was got through and the
Criminal Sessions , the business of the Court was heavy enough
for the employment of a second Judge . The Chief Justice, it The Chief
Justice.
was pleasantly remarked , had exhibited as yet no symptoms of
flagging under the work, but yet it could not be denied that the
necessity existed for another Judge. The hall of the Supreme The hall
Court is thus described by a local paper for the benefit of its othe
Supreme
readers at Home :- Court
described ,
“ Readers at a distance can imagine what we have to endure when we tell
them that the upstairs room on the Queen's Road, honoured with the name
of Supreme Court House,' has its ceiling about three feet above the tops of
* See Vol. II, Chap. XXXVII.
398 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Ch . XVII § I. the windows-windows at one end of the room only-the south, whence
a breeze seldom comes, has two doorways, and two small punkahs , one
1856. over the Judge's seat and one over the Jurors', and in this room, in the sul-
try months of July, August, and September, we are expected to remain for
seven or eight hours at a sitting, every inch of spare room behind the dock
being filled with unwashed , steaming, Chinese, the pestiferous effluvium from
whose presence would make a candle burn dim if the experiment were tried .
A juror in a weak state of health would prefer paying a hundred dollars fine
than, with such sum for medical attendance, have the discomfort of a double
physicking- physic in and physic out of Court.”
With slight occasional improvements in connexion with the
arrangements inside the hearing hall and the roof of the Court,
in spite of repeated complaints, things continue pretty well in
the same state to this day. *
l'oint At the commencement of the summary jurisdiction sittings
of practice. on Friday, the 1st August, 1856, one of the suitors asked the
Precedence Court why the case in which he was concerned had been placed
of cases for
hearing at the bottom of the list and subsequent applicants been allowed
settled. precedence of him . The Registrar, Mr. Alexander , explained