CO129-026 - Bonham - 1848 [9-12] — Page 150

i

N° 85 of 1848

Inclosure. No 2 in Besp

DOCUMENTS

whose authority he acted and he answered, By Mr

In the Cuse of "Regina v. Cole and others," charged Davidson's the owner.

with Pirucy, &c. Nork. The interlineations and marginal addition of the

originals are printed within brackets.-ED.C.M. Shangie, in the Province of Kiang-soo, in the Empire of China, to wit.

The witness handed in the following documents, to which he made outh as a part of his evidence :-

Extract from Log-book of H. M. S. Childers.-Do, of Boarding Book do.-Questions asked by Commander Pit- man of Ching-chung-key, the Chinese Admiral.-Do. of the Master and crew of Chinese fishing boat, on board the Spec on 23d Jung,

Taken before me the day above mentioned.

J. C. PITMAN. RUTHERFORD ALCOCK, Consul,

The examination of Cutsu-kz, (Ting-koey,) native of the Town of Pil-ke, in the District of H wey-gun, in the Department of faeuen-chow, in the Province Fŭhkëen,—taken on oath, this 29th day of June, &c., &c.*

I am a fisherman by occupation. In the spring of this year, I was engaged by Kwo-kin, a junk-owner of the Town of Pil-ke, to enter on board his junk as net-thrower at the rate of four dollars per quarter; I tsenen-ching or Kintsenen-shing, as I caunot read or do not know whether the junk's name was Kin- write; I only remember the juuk's name by sound, tell the number of the junk. and do not know the characters of it; neither can 1

We had on board crew of 24 men and four houts. We set sail from Pih-ke on the 3d day of the 31 month, (6th April,)

The following morning, the 23, I went on board the [captured fishing junk; examined her and found that nearly everything moveable had been taken out excrpt two boats. The hatches were lifted up, and a few tubs of live fish alone remained. I observed bound for Chin-hae to fish, where we arrived in the 4th month. We had papers from the Tacping Custom- house, and had our fishing tackle on board. We were inch in diameter in the Lore and three feet long, as a armed with 2 matchlocks and 2 small guns about an means of defence against pirates. The Junk was above 900 picuts burden. The owner Kwo-kin was

on beard. During the last month we made two trips

One shot struck

The examination of Jous CHARLES PETMAN, Esq., canon shot holes in her side and sails, Commander of Her Britannic Majesty's Sloop of war

I then went to the mandarin junk lying some 200 Childers, taken on Oath this Twenty-ninth day of or 300 yards off. June, on the Year of Our Lord One Thousand Eight

I asked the mandarin if he knew what the English Hundred and Forty-eight, before me, Rutherford schooner was doing there, and if she had any right to Alcock, Esquire, Her Britannic Majesty's Consul at

be there? be answered, No. I asked if the junk in Shanghae aforesaid, in the presence and hearing of

question was a piratical vessel? and he answered. No, Mariano Alvesto, native of Manila, Juan Nasieu, she was a fishing junk of Chin-bae. I asked if the to the fishing ground off Poseu, the tides being favour- do., Juano Nasieu, do.; Levio Sept, native of Antigua; schooner had brought any prisoners, or had any com- Mariano de las Santos, native of Manila, Lucas munication with bin? answered, No. What had day of the 5th month (19th June) we again left Chin- able twice in a month for that purpose. On the 19th Mamel, do., E. Francis, native of England; Lorenzo become of the crew and cargo of the junk? he told bae in company with other fishing boats to the nuntber Santos, native of Manila, Mariano Augustine, do,me they were on board the Spec. Why Ire allowed of some twenty or more; but on account of our junk Gabriel Calistro, do., Sebe Mariano, do, Kuro-ah. such hostilities before him? and he answered, he did being larger than the other boats, they outsailed us, Heen, native of Chusan, Ching-leth-ching, native not wish to interfere with the British flag. of Ningpo, Hea-chung-yuh, native of Chusan, if the English schooner had any right to fire into the

I asked and we were left behind. On the 21st or 22d day Wang-yew-fa. do., Yuen-chung-ming, de, William jak: answered, No, certainly not. He said he was shan, we suddenly saw a foreign vessel astern, which (21st or 22d June) when sailing alone under Yung- Cole, native of England, George Johnson, do.* For that they the said (Numes reputed.)

there with seven war junks to protect the navigation. coming up hailed us; we did not understand what Being on the 21st day of June in the Yeur of Our information that there were any pirates in the neigh Chin-bas, belonging to a Hong there, as we could I told him if he would send an officer to me with they said, but we answered that we were a junk from Lord One Thousand Eight Hundred and Forty-eight boathoud, I would gladly cooperate with him in any prove to them if they followed us in. We said this, being board a certain vessel or schooner called

way to put them down: He said there were norie fearing that they might think we were pirates, and the Spec, in a certain place upon the high seas, near

in the neighbourhood. the Islands called the "Rugged," on the Coast of

I then went to the Spec, and I told the master to

might attack us. China, did piratically, feloniously, and violently with

We had heard that two foreign muster the crew and shew the articles. The prisoner pirates, but beyond that knew nothing about them. vessels were employed to protect the fishery from force and amus attack, board, and take possession of a

who now answers to the name of Ephraim Francis Our fish was consigned to a long at Chin-hac, but certain jank or vessel, the property of a certain Chinese

did not answer to any name in the articles. subject named Kwo-kin, the owner thereof, and did

him and asked why his name was not on the articles?

I saw being only one of the crew, I do not know the name feloniously fire into the said junk or vessel whereby the said Kwo-kin the owner, together with several

He replied, the Consul of Shanghae knew all about

of it, though I know the parties conducting it by sight. him. I asked what had become of the crew of the

We were supplied by the Ilong with provisions, and of the seamen on board thereof, were killed, and did fishing junk and he answered, they were in the fore-

accounts were kept between the Junk and the Hong. take and carry away certain stores and apparel hold. I ordered them on deck, and they were brought said something which we could not understand, and When we replied, the people in the foreign vessel again belonging to the said junk, and certain goods and chattels belonging to the said owner and divers of badly wounded: these I examined with the Surgeon of Kwo-kin the owner in the breast, and passing through

up, some of them with their hands tied; several were then fired a single gun into us. the seaman on board, which the said JoHN CHARLES the Childers. I asked Mr Cole if he had examined his body killed him, another struck Kwo nae one of PITMAN saith as follows:-

the papers of the junk? He and the [Chinese] pilot the crew in the legs, and broke both his thighs. They pointed out the master of the junk, who produced also fired a number of musket shots, one of which the papers sewn inside his jacket. I told Mr Cole struck me in the left foot, and two other men were I should take as many [of the junk's crew] as he also struck and wounded in the head. The most wished on board the mandarin junk, and recon- evidence. Everything was taken down in writing. it to the foreigners, in the hope that when they mended him or his mate to be present and hear the

timid of us then ran below, but others who were bolder lifted up the dead body of Kwo-kin and shewed I asked the crew of the fishing junk what had become of the cargo, their clothes, &c. they answered, The from firing; but as they still continued firing, the had seen what they had done, they would desist rice, arms, and several boxes, had been taken on board remainder of us also ran below. The vessels then the Spec, and Mr Cole pointed several out as the closed and a party of the foreigners boarded us, and property of the junk. I asked if they had been seeing us all down in the holl of the vessel, they plundered? They said, Something had been taken on the junk. I asked if they had been ill treated? They hoard the Spec; did not know what had been left in who bled profusely. They then rushed below, made thrust at us with swords, and wounded Kwo-fi, said, Five had been killed, and some thrown over-

all of us fast, and passed us up un deck. I saw them board before they were dead. I sent for the Surgeon being in great agony, was calling for some nue to put throw overboard Kwo-kin's dead body. Kwa-nae, of H. M. S. Dr Rogers to examine the wounded. When that officer came the men were examined, and

him out of his pain, and I saw one of the foreigners among others [one] who is now here, having received I also saw the foreigners take up Kwo-fun in order ent at him with a sword and throw him overboard. injury from a grape shot in the foot. Ile stated that if this man in his feverish state was left on board and caught hold of the bulwarks of the Junk. They to throw him overboard, but he struggled with them, that his life would be in danger. I therefore said he should be removed to Shanghae, and brought him when in the water a foreigner fired two pistol shots then cut him down and threw hita overboard, and

junk, and either come himself or send his mate; he marks on both his wrists. [On being asked to look I told Mr Cole to pick out two of the men of the saw him; he was tall with light hair, and had dark at him. This man I should be able to identify if I sent the mate the pilot of the Spec and Dr Rogers round and see if he could indentify the man in question also went to the mandarin junk with me. I landed among the prisoners, he pointed out the prisoner an- the papers belonging to the junk to the mandarin, swering to the name of Ephraim Francis, and said I and requested him to examine and see if they were correct. He read over the papers, stated the signatures the crew, Kwo-wei-tow and Kwo-ming, are missing, am certain this is the man."R.A.] Two others of were perfectly correct, that there were 24 men on the but I do not know what became of them. Before papers, and 19 remained. The junk was an innocent throwing Kwa-kin overboard, they took from his neck vessel.

He asked the junkmen a great many questions- board, they searched the vessel and look away a silver chin. After having thrown the bodies over- released. I asked what should be done with the returned two, and a box-pillow belonging to Kwo- pronounced them to be innocent, and wished them to be about six stone of rice, of which they afterwards arms, if I should return them to the junk? he said kin which contamed his opium and smoking appa- they had a right to a certain number for their own ratus. protection; that half should be given back to the the junk and any property belonging to them which crew and the other half he would keep. He requested might be on board the Spee should be restored to the liberated men, and asked them where they would go? and they replied, To Chin-hae direct, to represent their case to the authorities. I told him that I should take the Spec to Shanghae. I asked if he had any complaint to make against the Spec? He said she had no right there no right to fire into the junk, and that English vessels were constantly doing the same. I stated that I regretted it exceedingly, that it was contrary to the laws of England, and if he could paint out any other vessel similarly engaged, I should feel it my duty to take her. In reply he stated he was equally sorry for it, but it was a very bad affair.

On the morning of the 22d June, standing up for the Ruggeds in 1. M. Sloup Childers, I observed a schooner in company with a Chinese junk standing in for the south end of the Ruggeds,-it falling calm we were obliged to anchor between two or three miles from the schooner. The schooner and the junk anchored in a bay where there were three men-of- war junks; the schooner afterwards went alongside the junk and began discharging every thing out of her; a quantity of useless things, such as planks, matting, &e, floated past for several hours, and was reported to me by the officers. I weighed about 4 P.M. and proceeded to where the schooner was at anchor, and I immediately sent an officer on board the schooner, Mr Berkeley, to desire the master to come on board with his log and papers. Mr Cole, now present, came, I asked him if he was the master of the schooner Spec? He answered, For the time being; also asked him what he was doing there, and what reason he had for molesting the junk? IIe then stated that he had taken her the evening previons; that she was a pirate. I asked him what authority he had for doing it? He answered, None, but the Pilot had told him she was a pirate. (I asked him as he sailed so well why he did not go alongside of her, instead of going ahead as he stated and firing into her, as it was well known a Chinese junk would not have escaped, and that he ought to have hailed her and said he wanted to examine her.-R.A.] He voluntarily stated that several [of the crew of the junk) had been killed and wounded by their shot. I asked him if he was aware of the serious con- sequences of what he had done? and he said, No-that he saw no harm in it, that the same thing had been done before. I asked him repeatedly if the junk had in any way molested or interfered with or fired at hiru? He distinctly said, No. I asked him why, if the junk was a piratical vessel, he had not called upon me or the Chinese war junks to take it, as I had been in sight more than 14 hours? He said he did not know." I asked him were he had captured her, he said a short distance from where we had anchored in the morning to the Westward. I asked him why two boats were alongside? and he auswered they had been assisting in towing her in. Those two boats inmediately saw us approaching, sailed away towards the Chusan Group-they had obviously been taking the plunder from the junk. A the ship'e company for several hours saw the more va lueless contents float past,

I told Mr Cole that he had committed a very serious offence, having by his own account killed and wounded several Chinese subjects, and that it was my duty to detait him. I asked him where he was from? He stated from Ningpo. Where he was boned? he answered, No where he was going to look for bis consort the Dido. to supply her with Powder and Shot. I asked him if he did not know that he could not be sailing about without being bound for soine port: he said. He did not. Asked whether he had put in forstress of weather? and he said, No. I then referred to his articles, and asked him why his name was not there, as he represented himself to be the master of the vessel? He stated he was only there for a time while some one was sick.

I then satd I should examine his ship the following morning, and asked him if he had any papers to shew what brought him there? He said he had one. By

*The names of the Senmen are an illegibly written, that we are by no incans certain all of them have been correctly deciphered.-E.C, M.

away.

I then returned to the Spec, and saw part of the arms of the Junk returned in one of the Spre's bonts. I told Mr Cole that the junk's papers were all perfectly correct, that the men were innocent men, and they with their property must be immediately sent on beard their own vessel, Mr Cole then turned to the pilot and said, "What a nice ruess you have got me futo;" and 1 then asked the pilot if he land said she the pilot-how he came there. was a pirate, and he replied, No-that he had only wanted to examine her. I asked Mr Cole who paid He said he did not

know, believed he was put on board and paid by some Chinese merchants.]

The men of the Junk afterwards sent a complaint that everything had been taken out and the shot- holes were visible throngh their sails.

the few cash I had in it. These things I saw them One dark-looking nan rifled my pocket of

they took anything else. They then directed us to take, but I cannot say of my own knowledge whether

proached the land, two boats from the foreign man- accompany then to Yung-shan, and when we ap- of war boarded us, and asked for our papers which we shewed them, but they, not understanding them, took them on board the mandarin's junks of which of the men-of-war boats returned again, and took there were several anchored under Yung-shan. One two of our men, one a helmsman and the other a The mandarin, who wore a feather and a red button sailor, on board the mandarin's junk to be interrogated. in his cap, asked them when we had left Chin-hae, with what Hong we were connected there, what places we had been to, and what fish we had caught? These papers of our Junk, and told then they might depart, questions being answered, he then returned them the

two men were brought back on board our Junk in and that we might return again to our fishing. The the man-of-war's boat; we then prepared to return to Chin-hae, but I was taken on board the man-of- war, where they told me that I should go with them to Shanghae, and that my wound would he attended during the time I was on board. to there. I was treated with the utmost kindness

True Interpretation,

HARRY S. PARKES, Interpreter. Taken before me the day above mentioned,

RUTHERFORD ALCOCK, Consul. *It would be superfluous to repent the introductory form, which is given with every deposition before the Consul, and printed at length with Capt. Pitnian's evidence.—ED. C.M.,

145

ریا

Copy of Despatch from Mr. Consul. Alcock reporting

the

case of the "Spec. "

god. July, 1848.

I

Page 150Page 151