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Before the first hearing a question arose as to the treatment of the witnesses, who, with one exception, were Chinese subjects. It had been arranged from the beginning that while in Canton they should always remain in charge of Inspector Gidney and constables of the Hongkong Police, who were to take them back to Hongkong after the investigation; but the Viceroy considered that while giving evidence before the Commission they should kneel after the usual Chinese official custom. After consultation with Mr. Hallifax I pointed out that, though Chinese subjects, they were British witnesses who could not have come to Canton but for the assurance of protection from the British authorities; that, as the examination of most of the witnesses would be lengthy, enforced kneeling after the Chinese manner was little short of cruelty; and that in a British court those same witnesses would not be asked to kneel, because amongst other objections evidence could not be properly given in such a position. His Excellency on the other hand urged that British witnesses were placed under oath which reminded them of the solemnity of the occasion and that in a Chinese court a Chinese subject was expected to behave as if in the presence of the Sovereign.
It was finally agreed that each Chinese witness should, on being called to give evidence, prostrate himself as a mark of respect to the court, but that he was then to be bidden to stand and to remain standing throughout his examination. This course was followed, and generally I may say that the judicial investigation appears to have been conducted in a satisfactory manner.
The identity and guilt of the murderer, Chang Tso-t'ing, were established, but the Viceroy's opinion on the inconclusive nature of the evidence of Admiral Ho's complicity led to further delay.
At an interview on March 10th I gave His Excellency clearly to understand that the Hongkong Government had furnished all the assistance in their power. Again on April 1st, after many verbal communications through the Foreign Secretary, I told him personally that he must do the best he could with the evidence before him. I pointed out that His Majesty's