1857. I said, ' Have you a pass for them ?' At first he said he had , and began to feel
in his pocket for the pass ; then he said he had a pass in his house ; finally,
no pass was produced. I, then, seeing that a number of suspicious characters
were gathering round , began moving towards the Police office with the coolies.
Defendant then came in front of me and barred my way, and asked what I
meant by arresting the servants of a Portuguese gentleman . Fearing that
the men would escape, I pushed him aside, and a policeman coming up took
defendant into custody. He was very violent both when speaking to me,
and afterwards before Inspector Jarman. He used no bad language, but was
6
very disrespectful, addressing me as my good fellow,' and my good mau .'
In reply to a question by Dr. Bridges, witness said he believed there was a
chair standing in the neighbourhood of the coolies ; they were standing in
the middle of the road ."
The case is Naturally upon such evidence, the Magistrates could do
dismissed.
nothing but dismiss the case, and in dismissing it, Dr. Bridges,
after consulting with his brother- Magistrate, said :--
" It is true that no Chinese should be out, for however short a time, at
large without a lantern, after eight o'clock, but in our opinion it is stretching
the law to a most unnecessary extent to arrest a gentleman's chair coolies
when engaged in carrying him. In this case, where the gentleman's residence
was so near, the arresting even the coolies, much more so the gentleman
An unneces- himself, was an unnecessary piece of severity, as the master could have been
sary piece easily summoned as responsible for his servants. This is a case which, we
of severity. think, ought never to have been brought before this Court, and we dismiss
it."
Strictures Imagine the astonishment, if not disgust, with which the
upon Mr.
Attorney- General must have heard this decision , and the Magis-
Anstey
trates deigning to lay down the law contrary to his ideas upon
the subject. Naturally strictures lay thick upon Mr. Anstey
in consequence of this case and his descending from his position
An amateur to assist Mr. May as an amateur constable to pick up dirty
constable. ----
Chinese in the streets , a very dignified office truly !
Cheong An atrocious attempt was made on the morning of the 15th
Ahlum.
January to poison the foreign residents in Hongkong by means
Atrocious
attempt of arsenic in the bread issued from the principal bakery in the
to poison Colony. The firm was known by the title of Esing,' the pro-
the foreign
residents of prietor being a well-known compradore named Cheong Ahlum ,
Hongkong. long resident in Hongkong. The circumstance of Cheong
The . Esing
firm Ahlum having settled many of his outstanding accounts the
Cheong day before, and taken his departure for Macao with his family
Ahlum's the morning before his customers' breakfast hour, when dis-
departure
for Macao covery, and his consequent apprehension would have been cer-
tain, afforded strong reasons for believing that the act was
performed with his cognizance and sanction , if not by his
express orders.
THE ATTEMPT TO POISON THE FOREIGN RESIDENTS . 415
The Government at once despatched the steamer Queen to Ch. XVII § II.
Macao in search of him, offering at the same time a reward of 1857.
$ 1,000 for his apprehension and also $ 1,000 for the apprehen-
sion of one Atsoi who was said to have absconded in like
manner. Cheong Ahlum was delivered over by the Macao His arrest.
authorities to the Police officers sent after him, and he was
brought back the next day in the Shamrock. There was na-
turally great excitement in the Colony , but the atrocious attempt
fortunately failed in every case, and although two or three
hundred people must have partaken of the poisoned bread, no
lives were lost. Many suffered severely, none more so than the The sufferers.
family of Sir John Bowring, Lady Bowring* more particularly.
A careful analysis of the bread by the medical men showed
that the poison was arsenic in the proportion of a drachm to
each pound of bread ; according to which about 10 tbs. of
arsenic must have been distributed throughout the batch.
On the 21st January, the preliminary investigation took The preli
minary
place at the Central Police Station , when Cheong Ahlum , his investigation
father, and eight others underwent their first examination . Mr. at the
Central
Thomas Wade assisted Mr. Mercer, the Colonial Secretary, and Police
Mr. May, the Superintendent of Police, who, as Justices of the Station.
The Justices
Peace, conducted the inquiry at the request of the Governor, who con-
and eventually Cheong Ahlum and the nine others were com- ducted the
mitted to take their trial at the Criminal Sessions on Monday, inquiry.
Cheong
the 2nd February . Ahlum and
others
On the 28th January, an application was made to the Supreme committed
Court by Dr. Bridges, Cheong Ahlum's counsel , that the money for trial.
seized on Cheong Ahlum's premises be given up to pay for his Dr. Bridges,
Cheong
defence . Ahlum's
counsel.
The Attorney - General, backed by the affidavit of two of moves the
Cheong Ahlum's creditors, resisted the application, stating that Court that
money
he did so to prevent the money being plundered or squandered in found on
his defence . Dr. Bridges seemed to think the Attorney- General Cheong
Ahlum's
was using strong language. The Attorney- General said he did prer
be given
not object to the bill for Cheong Ahlum's defence being paid out up to pay
of the money, after it was laid before, and approved of, by the for his
defence.
Court. The Chief Justice sustained the Attorney - General. It Attorney-
may be mentioned that originally forty-two other persons were General
arrested in connexion with this case, but were not put on their objects,
trial, being detained till the result of the case against Cheong
Ahlum was known.
The Criminal Sessions commenced on the 2nd February and Trial of
closed on the 5th . Of course the case involving the greatest Cheongand
Ahlum
interest was that of Cheong Ahlum and others previously men- others.
tioned , the charge selected and proceeded with being that of
* See Chap. XX., ubi suprà.
416 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Ch. XVII § II. " administering poison with intent to kill and murder James
1857. Carroll Demspter, Colonial Surgeon," he being one of the vic-
tims. The proceedings commenced at noon on the 2nd February,
before a crowded Court. The Attorney-General prosecuted,
instructed by Mr. Hickson, Crown Solicitor, assisted by Mr. G.
Cooper Turner, and the prisoners were defended by Dr. Bridges
and Mr. Day, instructed by Messrs . Gaskell and Brown , and Mr.
Tarrant, solicitors .
The Attorney. The Attorney- General commenced by denouncing Dr. Bridges
General
denounces for having violated professional etiquette in seeing his clients
Dr. Bridges in Gaol and taking instructions and an order for money from
for violating them without the intervention of an attorney. He called "for
professional
etiquette. His Lordship's deliberate opinion upon such conduct. "
Dr. Bridges admitted seeing his clients in Gaol as stated, but
added that, before leaving the Colony , matters were so badly con-
ducted , that he had often visited prisoners without any notice being
taken ofit . He acknowledged that he was wrong and had departed
from the usual line of professional etiquette, and would throw
himself upon the mercy of the Court and submit to its censure.
The Chief The Chief Justice remarked he did not wish to censure Dr.
Justice's
ruling. Bridges, but only to impress upon him the very great impro-
Barristers
to receive priety of repeating such visits ; and His Lordship hoped that
their fees barristers for the future would obtain their information and
through their receive their fees through their attorneys . *
attorneys .
The evidence As regarded the evidence , that against nine of the pri
in the case. soners was very slight, amounting solely to their connexion
with the Esing ' bakery . That poison had been largely
administered, was certain ; but there was no link in the
chain of evidence to connect Cheong Ahlum with the deed
of putting it into the bread . The purchase or possession of
poison was not even brought home to him. For aught that
appeared, the foremen were the guilty parties, and might
have been bribed either by the enemies of the Europeans,
with a view to effect their destruction, or by some personal
rival or foe of Cheong Ahlum , to ruin him by the imputation
of such a design. It was proved , indeed , that he had been on
the premises on the day and about the hour that the dough was
mixed, but he was taken there against his will by the witness
who proved the fact . Then , as to motive ; on the one hand , Cheong
Ahlum carried on a profitable trade under British auspices and
protection ; while, on the other hand, it was alleged that
through this very circumstance he had incurred the displeasure
of the Chinese Government, and would have lost his head if he
had not given some signal proof of being no friend to the " bar-
99
barians. Then , he absconded, which at first looked bad
* On this subject, see also antè Chap. XVI. § 11., pp. 371-374.
TRIAL OF CHEONG AHLUM AND OTHERS FOR POISONING. 417
enough ; but it was proved that he was only accompanying his ch.XVII § II.
family to Macao, with the intention of sending them into the 1857.
country and himself returning immediately, having just pur-
chased a quantity of flour, and entered into engagements with
Her Majesty's Commissariat and other parties for supplying
biscuit in large quantities . Of course, these business arrange-
ments might have been a stratagem to cover his intended flight .
It was also alleged in evidence that he gave his own children
part of the bread on board the steamer, and that they were sick.
Others suggested that the bread they had eaten was different, and
that their indisposition was mere sea- sickness , or at best their
father had only doled out to them a safe portion , and that this ,
also, was done with an object, bread being a very unusual ar-
ticle of diet with the Chinese.
The Attorney- General evidently knew that the proof was in- The At-
adequate ; and he urged that in such a case " there should be torney-
General
allowed a greater latitude in accepting circumstantial evidence, upon the case.
and the mercy of the law should be restrained , not relaxed ;"
indeed, he thought the prisoners should have been dealt with
summarily, that their crime deserved the fate of a drumhead
court- martial . He regretted they had been brought before a
jury at all ; but since this had been done, he was bound to tell
that jury that they must acquit the prisoners if they felt any
reasonable doubt of their guilt ; adding, that it would not
be their duty to stretch the points set up for their defence to
too great a length. In fine, he felt sure that if they were ac-
quitted, the Chinese would regard the British authorities with Better to
hang
That is to say " We have rather hastily appre- wrongan the
contempt.
hended these men ; we found no evidence that would have justi- men than
confess that
fied a Magistrate to commit them , so we managed to waive British saga .
that process ; and now that we have rather forced a trial, you city and
must give us a conviction to save our character. Better to hang activity
have failed
to discover
the wrong men than confess that British sagacity and activity the real
have failed to discover the real criminals ." criminals.'
Dr. Bridges observed strongly against the manner in which the Dr. Bridges'
Crown had conducted the case and against the committingjustices . argument ,
The Attorney-General replied in a very able speech. The
first part was employed in defending the Government and Mr.
Mercer for the harsh course asserted to have been pursued in the
case, Mr. Anstey stating that Dr. Bridges ' observations as to the
99
examination taking place at the " police station was merely
paltry claptrap. He boldly professed that he had not the usual
indifference of Crown prosecutors in ordinary cases ; this was an
extraordinary case in which he felt in a different manner and
was most anxious that a verdict of guilty should be given.
418 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Ch.XVII§1 . Dr. Bridges , in reply to what had fallen from the Attorney-
1857. General as to himself, said "that he had never attacked Mr.
Dr. Bridges Mercer. Mr. Mercer was one of his best friends and he would
and his
friend, Mr. rather that his tongue should drop out of his mouth than attack
Mercer.
Mr. Mercer in the way it was asserted he had done . ” *
Verdict of The trial was concluded on the 5th February, and resulted in
not guilty.
a verdict of not guilty by a majority of five to one.
The Chief The Chief Justice summed up against Cheong Ahlum as an
Justice's
summing accessory before the fact, and said that " if the jury thought
up. Ahlum had mixed the poison , or ordered it to be mixed , or had
any knowledge about it, they must find him guilty. " Also ,
that if they were of opinion that it was false that his family
Hanging
wron g manthe were sick , it would be primâ facie proof of his guilt ; but if, on the
will not contrary , they thought they had been poisoned , there would be a
further
the ends prima facie reason for believing him innocent, and in conclusion ,
of justice.' Mr. Hulme said : " I, in common with the Attorney- General,
am desirous that justice should be done on the perpetrator of this
crime, but hanging the wrong man will not further the ends of
The Chief justice." The Chief Justice saw the defect in the evidence and
Justice
acquiesces acquiesced in the verdict of the jury. There was one consolatory
in the point of view in this bad business, and that was that it showed
verdict of
the jury. the Chinese that the English were not bloodthirsty and
that an English jury will do what it believes to be its duty,
even although that duty may run counter not only to outside pre-
judice but often even to the opinion of the Judge on the Bench.
The honour One notable fact to be recorded to the honour of the British
of the British
name. name, in connexion with this case is that the prisoners were
not only tried at the place where their crime was committed ,
but tried by a judge who had himself suffered from that crime,
assisted by a jury all equally victims of the atrocious attempt,
and they were further prosecuted by an Attorney - General and
defended by lawyers also sufferers from their crime.
After On leaving the Court after being discharged , the prisoners
discharge
the prisoners were re- apprehended as suspicious characters under the provi-
are re-ap- sions of the recent Ordinance No. 2 of 1857 " for better securing
prehended
as suspicious the Peace of the Colony," under a warrant issued by order of the
characters.
Governor, Sir John Bowring. The Attorney- General doubted the
No. 2 of 1857. legality of this detention, but Sir John Bowring was " confident
Ordinance
that the legal advisers of Her Majesty's Government at Home
would bear him out in his construction of the terms of the depor-
tation Ordinance ; " and therefore undertook to keep them in
custody till he should receive instructions from England.
That there was some truth in this statement may be seen by the way in which Mr.
Mercer supported Dr. Bridges afterwards through good or evil report, and it was perhaps
impolitic on the part of Dr. Bridges to have expressed himself thus so openly on the sub-
ject. See this matter referred to further on, Chap. XVIII., infrà.
DISPOSAL OF THE ACCUSED IN THE POISONING CASE . 419
On the 7th February the Chinese held a meeting and resolved Ch.XVII § H.
to petition the Governor " to compel the voluntary banishment 1857.
of Cheong Ahlum's servants and to allow Cheong Ahlum to
remain a month or two for the purpose of settling his affairs . " The Chinese
Two other petitions followed upon this, one from certain resi- and the
prisoners.
dents reported to be mostly creditors of Cheong Ahlum , dated Voluntary
banishment
the 7th February, emanating, strange to say, from Dr. Bridges , of the
now reported to be Colonial Secretary elect upon the early de- prisoners
parture of Mr. Mercer, * and which also bore his signature, asking asked for.
Petitions
that prisoners connected with the poisoning case should not be and counter-
forcibly deported though " every individual connected with the petitions
respect ofin
Esing establishment should be compelled to absent himself from Cheong
Ahlum
the Colony," and that Cheong Ahlum " in the interests of many and the other
respectable inhabitants of the Colony," undoubtedly his credi- prisoners.
tors, should be allowed to remain in the Colony for a short
period to settle his affairs. A counter-petition from " fifty-one
residents of Victoria, " dated the 9th February, asked for the
immediate deportation of all the prisoners to Formosa . The tions.
The peti-
following were the last two petitions alluded to :-
Victoria, Hongkong,
7th February, 1857 .
Το
His Excellency The Governor, in the Executive Council.
We, the undersigned residents in this Colony, beg respectfully to submit to
you the following facts relative to Ahlum and nine other prisoners, now
under detention under Ordinance 2 of 1857 , and also relative to forty-two
other prisoners similarly detained.
We submit that the first above mentioned class of prisoners having been
acquitted after a trial of a length unexampled in the Colony, by a majority
of five jurors to one, their subsequent apprehension and detention are calcu-
lated to throw discredit on our system of administrating justice in the eyes
of the Chinese population, who have been led to understand that a man
cannot be twice called in question for the same offence, which is in reality the
case in the present instance. Furthermore, we are of opinion that prisoners
who have stood their trial, and have been legally absolved from the con-
sequences of the crime of which they are accused , should not, by the law,
be made responsible for any secondary consequences arising out of that
accusation . We are, however, strongly of opinion that it is absolutely neces-
sary for the interest of this Colony that every individual connected with the
Esing establishment should be compelled to absent himself from the Colony ,
but not by deportation, to which, under the peculiar circumstances, we object,
unless voluntary banishment be not self-imposed.
We therefore propose that due security be demanded for the immediate
departure of all the prisoners alluded to save and except Ahlum, in whose
case we consider it to be necessary, not only in fairness to himself, but for
the interests of many respectable inhabitants of this Colony, that a limited
period of one or two months should be allowed for the settlement of his
* Chap. XVIII., infrà.
420 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Ch. XVII § II, affairs ; and for whom during such limited period and against his subsequent
return, still higher securities should be obtained.
1857.
The difference between deportation under Ordinance No. 2 of 1857, and
the course we suggest, is such as we should hope would recommend itself to
Your Excellency's favourable consideration.
GEO. LYALL .
R. C. ANTROBUS .
A. FLETCHER.
JOHN D. GIBB.
E. F. DUNCANSON .
C. F. STILL.
Wm. PUSTAU.
H. T. DE SILVER.
H. KINGSMILL .
W. A. BowRA.
WM. T. BRIDGES.
WM. T. PROBST.
D. LAPRAIK.
N. CRAWFORD.
The following was the petition of the fifty-one residents ask-
ing that the prisoners be deported to Formosa : --
Hongkong, 9th February, 1857.
To
His Excellency the Governor of Hongkong in Executive Council As-
sembled.
This memorial showeth :-
That your memorialists, deeply regretting the recent verdict in the case of
" The Poisoners," and dreading the deplorable consequences, likely to arise
from the liberation of any of these culprits, who, we are given to understand
still remain in custody, -humbly beg of Your Excellency to enforce upon
them the terms of the recent Deportation Ordinance, and with this view re-
spectfully suggest that the prisoners be sent to some secure place on the
island of Formosa.
Signed by fifty-one residents of Victoria.
Government
decide to It need hardly be said that neither of these petitions was
keep the favourably considered and that Government decided, as before
prisoners. stated, to keep the prisoners in custody until better advised as
The crowded
state of the to their disposal. The crowded state of the Gaol, however, in-
Gaol induces duced the Governor to release them all , except Cheong Ahlum,
the Govern-
ment to on condition that they never returned to Hongkong again. In
release all due time, however, the Colonial Secretary advised that Cheong
except
Cheong Ahlum also should be liberated upon similar terms, if there was
Ahlum. found no ground for bringing him to a new trial with reference
Secretary
of State's to other individual sufferers. Finally, the Secretary of State's
instructions. instructions under date the 8th May, 1857, were that , unless
Cheong further facts were forthcoming justifying fresh proceedings,
Ahlum
allowed Cheong Ahlum should be allowed to leave the island on the
SECRETARY OF STATE'S DECISION AS TO CHEONG AHLUM. 421
understanding that he never returned to it. The following was Ch . XVII § II.
the despatch in question :-- 1857.
Downing Street, May 8, 1857. to leave
Hongkong
Sir, I have to acknowledge your despatch No. 28 of the 11th of February unless fresh
last, reporting the trial and acquittal of Ahlum and others on the charge of facts forth-
coming.
administering poison with intent to kill ; and that you have detained the
The despatch.
prisoners , under Ordinance No. 2 of 1857, until you receive instructions from
Her Majesty's Government as to further proceedings. It is probable that
the interval which must elapse before my present despatch can reach Hong-
kong, will have furnished you with materials for forming your own judgment
on this subject beyond those which your present despatch and its enclosures
contain.
Judging, however, from what is before me, I am of opinion that if further
evidence is discovered in the interim tending strongly to bring home the guilt
of poisoning to Ahlum in the case of other individual sufferers, you will be
justified in causing new criminal proceedings to be instituted . But this
could not be warrantable unless the grounds for such a course are of the
strongest as well as clearest character.
Supposing that no fresh criminal proceedings can be properly instituted, it
seems to me that the best course is that indicated in the memorial or petition
from Tam Atsoi and others ; namely, without resort to the extreme measure
of legal deportation, unless fresh and convincing reasons present themselves
for it, to allow him to leave the island, and return to China, on the under-
standing that he will not be permitted to reside and trade at Hongkong
again.
I have, etc.,
(Signed) H. LABOUCHERE .
Governor Sir JOHN BOWRING, etc. , etc.
In reply, Sir John Bowring informed the Secretary of State Sir John
that no stronger evidence could be adduced, and that he had Bowring's
reply to the
gathered from the Chief Justice in confidential conversation , despatch.
that the evidence laid before the Jury did not warrant a convic-
tion . As will be seen hereafter, under instructions from Home,
Cheong Ahlum was discharged from custody at the end of
July, 1857 , after entering into a bond. *
Mr. Yorick Jones Murrow, the editor of The Daily Press, The com-
and also styling himself a merchant, on the 20th February com- plaint
Murrow Mr.
ofto
plained to the Governor, ( after having failed to obtain an expla- the Governor
against
nation from Mr. Anstey, ) of various insinuations by the Attorney Mr. Anstey
General in his address to the jury in Cheong Ahlum's case as regarding
to the part Mr. Murrow had taken in various matters connected insinuations
alleged
with the case and which, Mr. Murrow considered, seriously in Cheong
Ahlum's
affected him. He was informed in reply, on the 25th February, case.
that "the Governor did not consider it a matter for the inter- A Chinatuan
sent to
ference of the Government. " It may be mentioned at this stage prison
that on the 4th February, the third day of the hearing of the for
bribetrying
a to
poisoning case, the Chief Justice sentenced a Chinaman to six juryma
n
months' imprisonment for trying to bribe one of the jury in in Cheong
Ahlum's case.
* Chap. XVIII., infrà.
422 HISTORY OF THE LAWS, ETC. , OF HONGKONG .
Ch. XVII § II. connexion with which Mr. Murrow also alleged that Mr. Anstey
1857. had vilified him to the jury.
The deten. The detention of Cheong Ahlum and his confederates in the
tion of
Cheong Police cells for twenty- two days, -a place wholly unsuitable for
Ahlum and such a purpose, as one may readily imagine after what had
confederates
in the Police transpired at a Coroner's inquest alluded to in January, 1856 , *
cells. but which had met with no attention or consideration at the
hands of the local authorities, - called forth much public indigna-
Public tion , the ' den ' being given the cognomen of the " Black Hole of
indignation. Hongkong. " The discussion was carried on with much acri-
mony in England, and an aspect generally unfavourable to the
The
Hole 'Black
of Colony taken on the whole, a correspondent of The [ London ]
Hongkong. Daily News of the 9th April, 1857 , in sarcasm commending the
matter to the British Ambassador in Turkey, who was then
urging prison reform in that country. Ministers were ques-
Acrimony
in England tioned in both Houses of Parliament on the 15th May, as to the
upon the statements that had appeared in the papers respecting the con-
subject.
finement of the prisoners in the cells in question and in regard
to which it was said both " the humanity and honour of the
country were concerned ." Correspondence regarding this matter
will be found in Parliamentary Papers on Chinese Affairsfor 1857.
The ' den' The 'den ' episode further converted the affair into the means
episode and
the personal of making a personal attack upon Mr. May as to the nature of
attack on
some house property which he had lately got rid of, and a great
Mr. May.
deal more than enough was said upon the subject. At the time
of Mr. Austey's onslaught on Mr. Mitchell, the Executive
Government
officers and Council expressed an opinion that no member of the Govern-
their interest ment ought to have any interest in landed property in the
in landed island . In consequence of this several officials who held landed
property.
property sold out, denuding themselves of all interest in the
Colony beyond the regular monthly receipt of their salaries . The
reason of this did not require much commenting on, but there
was another class of public servants who, it was said, acquired
Money-lend- an extra interest in the Colony by lending out money at a high
ing by
public rate of interest. The late Sheriff Holdforth, it is recorded , had
officers at not been the first of that class, and it remained to be seen whether
high rateand
interest, of the persons driven out of the means of making money by land
the late would not take to the more disreputable means of making money
Sheriff
Holdforth. by lending at usurious rates .
Hymn of A hymn of thanksgiving, composed by Sir John Bowring,
thanksgiving was sung in a special service offered up to the Almighty at St.
composed
Ly Sir John John's Cathedral , in gratitude for His sparing mercy in relation
Bowring. to the poisoning case, and two letters written by Sir John Bow-
* See antè Chap. XVI. § II. , p. 370.
† Id. § I., p. 403.
See antè Chap. XII . §. I., pp. 276-278, and references there given.
SIR JOHN BOWRING ON THE POISONING CASE AND THE CHINESE . 423
ring at the time to friends in England , containing accounts of ch. XVII § II.°
the diabolical affair, and which found their way into the press, .1857.
will perhaps be thought of interest. The first is taken from His letters
containing
The Western Times, and is as follows :- accounts
of the
Government House, Hongkong, 15th February, 1857. poisoning
case.
My Dear Sir, I receive regularly The Western Times, and thank you
for sending it. Now and then I get a Devonian here to interest himself in
it. At present we have here Captain Fortescue, who commands the Barra-
conta, and excellent service he has done. The vessel is the terror of the
enemy .
No doubt you have heard of the attempt to poison the European residents
of the Colony. No one of my family escaped , and I had several guests all
of whoun ate of the poisoned bread . Lady Bowring suffered much , some
of the arsenic having got into her lungs. I hope my life has been preserved
for some purposes useful to my country and to mankind . It is a perplexing
position to know that a price is set on our heads, that our servants cannot
be trusted, that a premium is offered to any incendiary who will set fire to
our dwellings, to any murderer who will poison or destroy us. Yet we try
to possess our souls in peace, and I have the fullest persuasion that all which
is taking place is co-operant to good-to great and permanent good.
If my life and health be preserved , and I still am honoured with the
confidence which is placed in me, I trust to render a good account of my
stewardship. We have many grievances to redress, and I will try to redress
them ; many securities to obtain, and I mean to obtain them . I am sure we
shall be accompanied by the good wishes of good men ; with kind regards to
those who remember,
My dear Sir, most faithfully yours,
(Signed) JOHN Bowring.
The following letter is taken from The Liverpool Courier,
written a few days after the previous one, and in which the same
hopes are raised that the writer's life might be preserved " for
the real and enduring benefit of his country and mankind."
Although Sir John Bowring's life was spared to a good old age,†
it is doubtful , however, if the administration of affairs in these
parts could have been placed in worse hands. One point, how-
ever, shows itself up prominently in his letter which cannot
fail to be noticed and which is indisputable as regards our rela-
tions with the Chinese heretofore, namely, " that the forbearance
with which they have been treated has been wholly misunderstood
by them, and attributed to our apprehensions of their great
power ":-
Hongkong, February 24.
My Dear Sir, I doubt not that it will be a gratification to my Manx
friends, to hear from the best authority, that we are all recovered from the
effects of the poison , of which several hundred persons partook on the 15th
January. About 10 lbs . of arsenic had been mixed with a batch of bread issued
from the largest Chinese bakery in the Colony, and the excess of the quantity
* See reference to this, antè p. 415.
† See Chap. XXVIII ., infrà.
424 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
* Ch, XVII § II, led to immediate alarm-application of emetics, and speedy ejection of the
1857. "perilous stuff." It left its effects for some days in racking headaches, pains
in the limbs and bowels, etc. In my family, my wife, daughters, three guests,
my private secretary, and myself, besides several servants, ate of the poisoned
bread. Lady Bowring's has been a bad case, as it is thought some of the
arsenic had got into the lungs, but danger is over now. This mode of war-
fare is hard to deal with, and will, I am sure, excite a general sympathy and
indignation. Large premiums have been offered by the mandarins to any who
shall set fire to our houses, kidnap, or murder us ; and many unfortunate
wretches of all nations ( as the hatred of the Chinese is indiscriminating) have
been seized, decapitated, and their heads have been exposed on the walls
of Canton, their assailants having been largely rewarded ; they have even
torn up the bodies of Christian men from their graves, in order to decapitate
them and expose their mutilated skulls to the public gaze. All this is suffi-
ciently horrible, but I doubt not the results will be most beneficial ; for
certainly we shall exact indemnities for the past, and obtain securities for
the future. We shall not crouch before assassination and incendiarism, you
may be assured . I did all that depended upon me to promote conciliation
and establish peace. This was obviously my duty, but every effort I made
was treated with scorn and repulsion. The forbearance with which the
Chinese have been treated has been wholly misunderstood by them , and
attributed to our apprehensions of their great power, and awe of the majesty
of the " Son of Heaven." So they have disregarded the most solemn enga-
gements of treaties, and looked upon us as " barbarians," who, in a moment
of success, imposed conditions from which they were to escape when occasion
offered, and when they could ( in their judgment ) safely do so. I doubt not
that Government, Parliament, and public opinion will go with us in this
great struggle, and pray that my life may have been preserved for the real
and enduring benefit of my country and mankind.
Ever faithfully yours,
JOHN BOWring,
WILLIAM KELLY, Esq .,
Douglas, Isle of Man.
* See her departure and death-Chap. XX., infrà.
425
CHAPTER XVIII.
1857 .
Departure of Mr. Mercer on leave .-Dr. Bridges appointed acting Colonial Secretary
with private practice, and a member of the Executive and Legislative Councils.----
Arrangement cavilled at.-Mr. Anstey dissatisfied. - Mr. Anstey's relations with Sir
John Bowring.- Dispute between Mr. Anstey and Sir John Bowring at a meeting
of the Royal Asiatic Society.--Legal o'ficial communications ordered to be sent to
the Crown Solicitor. - Hostilities between the Executive and Mr. Anstey. - Piratical
seizure of the Queen. - Reconstruction of the Legislative Council.- Officer commanding
troops, member of the Executive Council . — Mr. Joseph Jardine, member of the Legislative
Council.-Messrs. Forth and Davies, official members.--Mr. George Lyall, unofficial mem-
ber.-Fresh attempt at bread poisoning. - Police warning. -Order of Court regulating
proceedings in writs of Foreign Attachment -Gaol Commission.-' Governor of the Gaol
created . Mr. Inglis appointed -No legal authority for creation of title ' Governor of the
Gaol.' -Ordinance No. 1 of 1853.-- Military guard withdrawn from the Court House.-
Incendiary fire -Headless body found. -Feeling of insecurity.-Departure of Mr. Alex-
ander. Registrar, on leave - Mr. Masson , acting Registrar. - Execution of Ng King Leang.
-Order of the Queen-in-Council of 2nd February, 1857, for the conveyance and removal
of British subjects convicted in China. - Murder of Mr. C. Markwick, Government Auc-
tioneer. -Chief Justice Hulme and the ' black cap.'-Origin of the black cap.-Mr. Dud-
dell appointed Government Auctioneer. — Mr. Jarman, Appraiser of the Supreme Court.--
Death of Mr. J. Brown, solicitor. -Attempt to carry off Colonel Caine and Mr. Caldwell.
--Ordinance No. 6 of 1857. -The Governor proposes its suspension, which is objected to by
the Chief Justice, Attorney-General, and others. -Ordinance No. 8 of 1858.-Dr. Bridges
summonses two respectable residents for a public nuisance. -Ordinance No. 17 of 1844.-
Dr. Bridges abused . -Sir James Graham in the House of Commons. -The Arrow incident.
" The advantage of the opinion of the acting Attorney-General." Major-General
Garrett. -Lieutenant-General Ashburnham.--Scene in Court between Mr. Anstey and Dr.
Bridges.- Regina r. Cheong Ah Ng.-Dr. Bridges informs the Court of the disallowance
of Ordinance No. 15 of 1856 and prisoner wrongly convicted. - Mr. Anstey's contempt for
the quibble started by Dr. Bridges. -The Chief Justice's ruling. -The mistake committed in
appointing Dr. Bridges Colonial Secretary with private practice. - Mr. W. H. Mitchell goes
on leave. Mr. May, Assistant Magistrate. - Mr. Grand- Pré, acting Superintendent of Police.
-Mr. W. Tarrant recovers damages against Cheong Ahlum. -Mr. Anstey and Dr. Bridges
as counsel in the case. -The anomalous position of Dr. Bridges. - Dr. Bridges' visit to the
Earl of Elgin on board H.M.S. Shannon .-- Altercation between Captain Peel and Dr.
Bridges for flying the Governor's flag. - Lord Elgin's levée and departure. -Constables
convicted of extortion. - Conviction of Wong Ahlin for burglary.- Granted a free pardon.
-Capture and conviction of Eli Boggs, the American pirate.- Trial of Captain and offi
cers of the American ship John Wade for murder.- Chinese Trades Unions and Secret
Associations. -Government warning.- Important arrests and conviction for unlawful
assembly of tailors, shoemakers, and washermen. - Failure of attempt to enlist Malays at
Singapore, for the Police.- Mr. Grand- Pré enlists discharged Portuguese soldiers from
Macao. - No Police barrack accommodation. - Cheong Ahlum is discharged from custody
under instructions from the Secretary of State. - His creditors in the lurch. - Mr. Tarrant's
attack upon Dr. Bridges in consequence.--He is prosecuted by Dr. Bridges for libel.— Mr.
Tarrant addresses the Secretary of State.- Land reclamation. The Bowring Praya.-
Secretary of State's instructions regarding mode of compensation for damage.
Chap. XVIII.
MR. MERCER, Colonial Secretary and Auditor- General, having Departure of
obtained eighteen months' leave of absence on the 14th Fe- on Mr.leav
Mercer
e.
bruary, Dr. W. T. Bridges , who was on terms of great intimacy Dr. Bridges
with Mr. Mercer, was, on the recommendation of the latter, appointed
acting
appointed on the same date to officiate for him , retaining at the Colonial
Secretary
same time the right to follow his own profession , and he was at with private
once sworn in as a provisional member of the Executive and practice,
Legislative Councils.
426 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Chap. XVIII. This arrangement was cavilled at by the community, but it
-
1857. was said that the Governor was in a dilemma and had applied
and a mem-
ber of the to Dr. Bridges as " the most suitable person " to fill the post ,
Executive and urged upon him as a point of duty that he should under-
and Councils
tive Legisla- . he
take the office,
could whichhis
still retain Dr. Bridges
right only consented
to practise provided
to do The
at the bar. half
Arrangement
cavilled at.
pay available for the office was only £ 600 a year. It is but
right that what was stated against the propriety of allowing Dr.
Bridges private practice whilst acting in the high position of
Colonial Secretary and Adviser to the Governor, and therefore as
incompatible with such position , should be reproduced at this
stage as showing that public opinion was not wrong in raising
a cry against the anomalous and extraordinary privilege allowed
to Dr. Bridges, having regard especially to the irregularities
that were alleged against him afterwards : -
" Dr. Bridges may well say ' Mr. Mercer is one of his dearest friends, and
that he would rather that his tongue should drop out of his mouth than say
anything against him." The language is strong but perhaps true. If the
new man were to devote himself solely to the duties of his office, perhaps , as
far as a good insight into Hongkong matters goes, we could have no better
man ; but he is to be allowed to practise as a barrister ; to be at the beck and
call of every man who can pay him a fee ; to attend before the Judge on
summonses, on motions, in hearings in Court, all implying private study and
occupation of time. Now, what the public want, and what they have a right
to get, is, the entire labour of an intelligent man .... no man can serve two
masters."
How far these remarks proved correct, -though Sir John
Bowring afterwards explained to the Home Government why
Mr. Anstey he had appointed Dr. Bridges, t -subsequent events will show.
dissatisfied.
At all events Mr. Anstey who, as Attorney-General, had reason
to be dissatisfied with the arrangement, took no small share of
credit in disclosing afterwards the irregularities laid at Dr.
Bridges ' door, arising from the dual and varied position he
Mr. Anstey's held. But the public well knew by this time that the Govern-
relations
with ment was divided against itself, and that Mr. Anstey disdained
Sir John to hold intercourse of any kind with Sir John Bowring. Al-
Bowring.
tercations, indeed , had already taken place between the Governor
and the Attorney- General in public. At a late meeting of the
Dispute Royal Asiatic Society there occurred a dispute between them .
between
Mr. Anstey Sir John Bowring had read a translation of a short Siamese
and Sir John story which, he said , he had received from an American lady
Bowring at a
meeting thus leading to the inference that she was the original translator.
of the
Royal A member of the Society had a remembrance of having seen
Asiatic the tale before, and turning up The Chinese Repository discover-
Society.
ed that it had been translated by the first Mrs. Gutzlafft many
See antè Chap. XVII., p . 418.
† See Governor Bowring's despatch of the 4th June, 1858 , to the Secretary of State,
Chap. XXI. infrà.
Dr. Gutzlaff, as will be remembered, was three times married- see antè Chap. XII.
SI., p. 304.
RECONSTRUCTION OF THE LEGISLATIVE COUNCIL . 427
years before. Mr. Anstey thereupon charged Sir John with Chap. XVIII.
something like a wilful attempt to impose on the Society. The 1857.
Governor said Mr. Anstey used very strong language, to which
the latter replied " that if he could have made the language
stronger, he would. " The Society, however, adopted the more
charitable inference that Sir John Bowring had been imposed
upon. *
Dr. Bridges was now taken to be at the Governor's elbow, and Legal
persons having legal communications to make to the Govern- official
communica-
ment, were ordered to make them through the medium of the tions ordered
to be
Crown Solicitor ! The following Notification will bear repeti- sent to the
tion, and at this date cause amusement :- Crown
Solicitor.
GOVERNMENT NOTIFICATION.
Notice is hereby given that all official communications involving questions
of law are hereafter to be sent, in the first instance, to G. Cooper Turner,
Esquire, who will take the necessary steps with reference to the same.
By Order,
W. T. BRIDGES,
Acting Colonial Secretary.
Colonial Secretary's Office,
Victoria, Hongkong, 17th February, 1857 . Hostilities
between the
Hostilities between the Executive and Mr. Anstey may now Executive
be said to have reached an acute stage, and it is remarkable, con- and Mr.
Anstey.
sidering the otherwise disturbed state of affairs in the Colony,
that nothing more eventful had happened . But more anon. seizure
of the Queen.
On the 26th February Government offered heavy rewards for Reconstruc..
the apprehension of those guilty of a piratical seizure of the tion of the
Legislative
steamer Queen. On the same day it was announced that a Council.
reconstruction of the Legislative Council had been sanctioned officer
by the Home Government by a slight increase of both classes, commanding
troops
officials and unofficials,† and further that the senior military member
officer commanding the troops shall at all times be a member of the
Executive
of the Executive Council . Accordingly, on the 9th March, Mr. Council.
Joseph Jardine was gazetted a member of the Legislative Coun- Mr. Joseph
Jardine,
cil in the place of Mr. David Jardine, deceased , and on the member
15th May, Mr. Forth, Colonial Treasurer ; Mr. Davies , Chief of the
Legislative
Magistrate, and Mr. George Lyall were gazetted official and un- Council.
official members respectively, all these appointments being sub- Messrs. Forth and
sequently confirmed from Home. Davies.
official
* Notwithstanding the clear proof thus established, as to Sir John Bowring having at members.
least been imposed upon, he nevertheless subsequently adhered to his statement, as is to Mr. George
be seen in his work on ' Siam,' Vol. II., Appendix D., p. 378, and wherein will be found re- Lyall,
produced the story in question, headed " Translation by An American Lady, of a Siamese unofficial
Story." member.
See Mr. Labouchere's despatch on the subject, alluded to antè Chap. XVI. § 11., p. 395.
On this subject see also Vol. II., Chap. LXXXVII, and LXXXIX.
Antè Chap. XVII. § I., p. 407.
Formerly Captain 21st Fusiliers .
428 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Chap. XVIII , Since the bread-poisoning case, naturally the people in Hong-
1857. kong, other than Chinese, had always been fearful lest a repeti-
Fresh tion of the attempted offence took place and consequently
attempt
at bread great precaution was exercised, and it was with horror that the
poisoning. community learnt that a baker in the employ of Mr. Duddell,
who had now become the principal baker in Hongkong, had
been overheard to tell his fellow- workmen that he had been
offered $2,000 to mix a soporific with the biscuit dough. The
Police man was immediately taken into custody, and the following
warning.
warning was posted at the Club House, where, it would ap-
pear, the principal residents now gathered daily for news, and
also at the Central Police Station :--
Police Department,
4th March, 1857.
The Superintendent of Police considers it right to intimate to the foreign
community, that it is not desirable to relax the system of vigilance maintain
ed within the Colony.
The Superintendent does not desire to excite alarm, and begs to state that
no positive source of danger is known ; but with a treacherous enemy, ap-
pearances ought not to be relied upon, or induce a feeling of security to the
neglect of precautionary measures.
C. MAY.
Life, under such circumstances, quite apart from the dis-
sensions then prevalent, could not have been a very happy
one in Hongkong, at this period of its history.
Order
of Court On the 5th March the Court passed an Order regulating
regulating proceedings in writs of Foreign Attachment, which, after ap-
proceedings
in writs of proval by the Legislative Council , was duly published . It was
• Foreign notified on the 9th July that the same had been approved by
Attachment.
the Queen .
Gaol In consequence of the frequent delinquencies connected with
Commission. prison discipline, a Commission was appointed, on the 5th
March, to inquire into the condition of the Gaol , resulting in
'Governor
the creation of the appointment of a responsible head known as
of the Gaol
created . Governor of the Gaol of Victoria.' The post was conferred ,
Mr. Inglis on the 12th May, upon Mr. A. L. Inglis, the Deputy Sheriff,
appointed . who was sworn in as a Justice of the Peace on the same date.
Mr. Inglis, it will be remembered , had resigned the office of
Registrar- General in May, 1849 , * and subsequent records show
that he had done so in order to proceed to the gold fields of
California, which apparently had proved unprofitable to him.
No legal He had a good knowledge of the Cantonese dialect , and this,
authority added to the fact that he had before proved a valuable officer,
creation
fortitle
of and that there was a scarcity of reliable officers on the spot , no
'Governor doubt induced the Government to employ him again.
of the
Gaol,' Under what authority the title ' Governor of the Gaol ' was
Ante Chap. XI., p. 244.
MURDER OF MR . CHARLES MARKWICK, 429
created is not apparent. Ordinance No. 1 of 1853 for the Chap. XVIII.
Regulation of the Gaol ' gave no such power. 1857.
The Court House up to this time had been in charge of a Ordinance No. 1 of
military guard. This guard was withdrawn early in March, for 1853.
what reason is not shown , though it may have been due to short- Military
handedness, and to the more frequent calls on the military. The guard withdrawn
presence of the guard , it is recorded , had always induced an agree- from the
able feeling of security, and their withdrawal at the present crisis Court
House.
was not looked upon with any satisfaction , especially as the
Government was gradually proceeding with a reduction of the
Police Force, and it was not unnaturally considered , having
regard to the times, that it was acting unadvisedly, if not hastily.
An incendiary fire had stirred up the vigilance of the author- Incendiary
fire.
ities, and a body found without a head near the town, gave Hendless
people a disagreeable feeling of insecurity. Notwithstanding body found,
this, however, the authorities persisted in withdrawing the
military guard from the Court House and in reducing the Police
Force, though probably there was an excuse as regards the Feeling of
Europeans who formed part of the latter, taken in connexion insecurity.
with their irregular proceedings .
Mr. Alexander, the Registrar of the Supreme Court, pro- of
Departure
Mr.
ceeded on eighteen months ' leave of absence on the 11th Alexander,
March , being replaced by Mr. Masson, Deputy Registrar, and on Registrar,
leave.
the latter by Mr. F. W. Mitchell . Mr. Masson,
Ng King Leang, one of three prisoners condemned to death acting
Registrar.
at the extra Sessions of the 27th March, as being leaders in the Execution
revolt of the coolies on board the Gulnare, was executed on the of Ng King
Leang.
9th April in the presence of his two accomplices to whom grace
had been extended .
Order of the
On the 31st March was published an Order of Her Majesty Queen-in-
in-Council dated the 2nd February , providing for the conveyance Council of
2nd Febru
and removal of British subjects convicted of crimes and offences ary, 1857,
for the
committed within the dominions of the Emperor of China . conveyance
Mr. Charles Markwick, the Government Auctioneer, an old and removal
of British
man of sixty-three years of age, who had been resident in subjects
China for thirty years, was found strangled in his bed on the convicted
in China.
morning of the 2nd April. He had been sick and confined to Murder
his bed for some two or three weeks . The deed was perpetrated of Mr. C.
by his door - coolie, who decamped , the motive being robbery. Markwick,
Government
Arrested shortly afterwards outside the Colony, Ho Apo, the Auctioneer.
murderer, was tried before the Supreme Court on Monday, the
4th May, found guilty, and sentenced to be hanged, the execu
tion taking place on Wednesday morning, the 13th May.
* Upon this point see Vol. II., Chap. XXXVIII.
+ See antè Chap. VIII. § II., p. 183.
+ Ante Chap. XVI. § 11.. p. 383.
430 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Chap. XVIII . It is said of Chief Justice Hulme that he never carried his
1857. ' black cap ' when taking the Bench in Criminal Sessions . He
ly left it behind , and whenever a jury returned a
HulmeJustice invariab
Chief
and the verdict of guilty carrying with it a sentence of death , Chief
black cap . Justice Hulme would then retire for a few minutes, presumably
going for his black cap, ' and return into Court with the cap
on . *