Captain PITMAN recalled, and asked if he could identify the last witness Ching-ke? Answered, I am, and corroborate the greater part of his evidence.
J. C. PITMAN, Taken before me the day above mentioned,
RUTHERFORD ALCOCK, Consul.
Shanghae, &c. The examination of WILLIAM LOCKHART, Surgeon, taken on oath, &c., &c.
The last witness Ching-ke was brought to me [at the Chinese Hospital] from H. M. Childers on the morning of the 16th inst., with an injury to his left foot. Apparently a musket shot had struck him on the first joint of the great toe, breaking the bone and laying open the joint. Sloughing had commenced, and great formation of matter around the wound and behind. I consider it a dangerous wound, and that his life is in danger from it.
WILLIAM LOCKHART, M.R.C.S.
Taken before me, &c.
Shanghae, &c.
The examination of WILLIAM ROGERS, M.D., Surgeon of H. M.'s S. Childers, taken on oath, &c., &c. I went on board the Schooner Spec by Commander Pitman's order on the 23d instant. "I saw three wounded Junkmen, one of them the witness recently examined, Ching-ke, and the other two had only received contusions and the injuries were slight. I asked how the injury had been received? The prisoner present, William Cole, said he thought it was by a grape shot. I heard William Cole say that he had fired into the Junk. I considered it necessary that Ching-ke should be removed for treatment, as the consequences of such wounds are frequently dangerous. I heard the answer of the Admiral interpreted to Captain Pitman, that the Junk in question was a proper Junk, by which I understood not a piratical vessel.
WILLIAM ROGERS, M.D., Surgeon.
Taken before me, &c.
Shanghae, &c.
The examination of JOSHUA BERKELEY, Esq., mate on board H. M. S. Childers, taken on oath, &c.
I was sent to board the Schooner Spec this day week (22d June) with orders from Captain Pitman to ask the master what his business was there, and what was the communication he had with the Junk astern of him to which he replied that he had been commissioned by Mr. Davidson to convey some shot down to the Ding and he had captured the Junk the day previous and brought her in to the Ruggeds. I returned with this answer, and was again despatched with orders to the master to be on board H. M.'s S. Childers with his Log and papers within half an hour. The next day I was on board the Junk and saw the marks of several shot holes in her side and one in her stern. She was empty, I only saw some nets and bait on board.
JOSHUA BERKELEY.
Taken before me, &c.
SHANGHAE TO WIT,
The examination of George Johnson, native of England; Mariano Alvesto, Juan Nasicio, Jan Nacion, natives of Manila; Levis Sept, native of Antigua; Striano de los Santos, Lucas Manoel, natives of Manila; Ephraim Francis, native of England; Lorenzo Santos, Mariano Augustine, Gabriel Calistro, Sebe Mariano, natives of Manila; Lith-Ayih, native of Chusan; Ching-Lea-Ching, native of Ningpo; Al-Aneung, Wang-Yuh-Fa, natives of Chusan; William Cole, native of England; Yum-Ching-Ming, native of Chusan Taken this twenty-ninth day of June, in the Year of our Lord One Thousand Eight Hundred and Forty-eight, before me Rutherford Alcock Esquire, Her Britannic Majesty's Consul at Shanghae aforesaid, the said George Johnson, Mariano Alvesto, Juan Nasicio, Juan Nacion, Levis Sept, Mariano de los Santos, Lucas Manoel, E. Francis, Lorenzo Santos, Mariano Augustine, Gabriel Calistro, Sebe Mariano, Li-Ayih, Ching-Lea-Ching, Ah Aneung, Wang-Yuh-Fa, William Cole, being charged before me the said Consul on the oath of John Charles Pitman, Esquire, Commander of H. B. M. Sloop Childers, for that on the 1st day of June, in the Year of Our Lord One Thousand Eight Hundred and Forty-eight, being on board a certain vessel or schooner called the Spec in a certain place on the high seas near the sand called the "Ruggeds" on the coast of China, did piratically, feloniously, and violently with force and arms, attack, board, and take possession of a certain Junk or vessel, the property of a certain Chinese subject named Kwo-kin, the owner thereof, and did feloniously fire into the said Junk or vessel, whereby the said Kwo-kin the owner together with several of the seamen on board thereof were killed, and did take and carry away certain stores and apparel belonging to the said Junk, and certain Goods and Chattels belonging to the said owner and divers of the seamen on board. And the witnesses against them being examined in their presence, they are now asked by me if they wish to say anything in their own behalf; whereupon they answered they had no defence to make.
RUTHERFORD ALCOCK, Consul.
Shanghae, &c. The examination of KEW-TSAK-KIN, the day of July, &c.
I was put on board the schooner Spec by a public body of Chinese merchants, and took no pay from the master of the ship. A Junk had been hailed to let down her sails, and not complying, a shot had certainly been fired into her.
Taken before me, &c.
RUTHERFORD ALCOCK, Consul.
I, John Charles Pitman, Commander of Her Majesty's Sloop Childers, do solemnly declare that the above is a true statement of my Questions, and the Answers made to the same. In witness whereof I hereunto attach my signature this 23d of June, 1848.
J. C. PITMAN, Commander.
I, George Taliaferro Dormer Andrews, Clerk of Her Majesty's Sloop Childers, do declare that the above statement was truly taken by me this day on board the schooner Spec at
Page 363
anchor off the Rugged Islands.
In witness whereof I hereunto attach my signature the 23d day of June, 1848.
G. J. D. ANDREWS, Clerk
Questions asked by Commander J. C. Pitman, of Ching-chong-ke (the Chinese Admiral in charge of 7 junks), on board his vessel.
Rugged Islands, the 23d of June, 1848
Has the English schooner Spec any right to be here?-No.
Whether he knew what the English schooner Spec was about there?-Did not know.
Did he know whether the Junk taken by the Spec was a pirate or not?-Did not know.
Did he know what the schooner Spec was about with the Junk?-Did not know.
Whether the Captain of the schooner had brought any of the crew of the junk on board to him, or made any complaint to him relative to the junk?-
What became of the crew and cargo of the junk?-Taken on board the Spec, he believed.
Is that English schooner any right to take the junk?—No
Did he know why the Captain of the Spec did not bring the crew of junk on board his vessel?-Did not know.
After the 2 Chinamen belonging to the junk and the mate of the Spec had been taken on board the Mandarin's junk, the following Questions were asked.-
Whether the papers of the junk were correct?—They are all proper and correct, and signed by the proper authorities.
Is any complaint to make against the schooner?—No.
What cause had the schooner Spec to take that junk, whether it was proper to do so, and if the Chinese Mandarins like it?—The junk's papers are proper, but she had no business to have so many arms on board. The English vessel did wrong to take her; she has a right to carry arms. If the Chinese Admiral likes, the arms shall be returned to the junk—Part of them.
If he likes, remainder shall be sent to him or thrown overboard?—To be sent to him. Which was done.
Captain Pitman then told the junkmen that their junk, rice, and part of their arms, would be returned to them, and they would be allowed to go on with their fishing. They said they would return to Chin-hai.
Captain Pitman told the Chinese Admiral that the English schooner Spec had fired into the junk and wounded 3 men, and that one of the wounded men would be sent to the Shanghae Hospital for medical treatment. He said it was a bad affair, but was much obliged.
Are you now quite satisfied that the junk is not a pirate? Yes, she is a fishing Junk of Chin-hae.
I, John Charles Pitman, Commander of Her Majesty's Sloop Childers, do solemnly declare that the above is a true statement of my Questions and the Answers made to same, &c. In witness whereof I hereunto attach my signature this 23d of June, 1848.
J. C. PITMAN, Commander.
I, George Taliaferro Dormer Andrews, Clerk of Her Majesty's Sloop Childers, do declare that the above statement was truly taken by me, this day, on board the Chinese Admiral's Junk at anchor off the Rugged Islands.
23d day of June, 1848.
In witness whereof I hereunto attach my signature the
Page 364
G. J. D. ANDREWS, Clerk
EXTRACTS FROM THE LOG-BOOK OF THE SCHOONER SPEC.
Redusduz, 1 June
A. M. weighed, saw a junk to the southward—the pilot wished us to see what she was
and took her, towed her back to the Ruggeds and anchored. 9. A. M., came up with her; she proved a pirate, boarded her. At 6 P. M. took 18 men and one boy, confined them on board.
Thursday, 22d June
A. M. hoisted out the schooner, and put two boats out, one of which got adrift and was lost; 6 P. M. went on board the junk, brought her nearer the
was lying 5 miles to leeward of us last night. Took out almost every portable article.
A. M. Brig Childers anchored to the southward.
St. p. 52. s. hove up the junk's anchor and took her closer in-shore. The Commander of H. M.'s Brig Childers came on board to see the papers—not finding them correct,* ordered us to Shanghae with the junk.
Friday, 23 June.
All our prisoners on board the junk and let go except the man wounded in the toe, who was taken on board H. M. S. Childers.
This appears to be an expression of regret. It had been originally
and (Indignant), having been imbecile with the loss of masters being scored out.. E. M.
EXTRACTS FROM THE LOG-BOOK OF H. M. SLOOP CHILDERS.
Thursday, 22d June, 1848.
"A. M. 6, observed the English schooner Spec standing for the Eastern anchorage under the south Ruggeds (Falls.) with a Chinese junk in company with her; apparently discharging de-
bris and other things into the water; 11.50, observed the schooner Spec alongside the junk,
G. I. G.
Friday, 23d of June, 1848. A. M. "The schooner Spec of Hongkong having been mustered, her Articles and Log were found not to be correct. the master's and several of the crew's names not being registered the junk which she had taken possession of was liberated by order of Commander Pitman. took one of the wounded Chinese
on board.
P. Chinese Admiral visited the ship. Saluted him with 3 guns. Protested against the schooner Spec of Hongkong for having taken the (alleged) Chinese Junk, killing Five men, and wounding Four."
EXTRACT FROM THE BOARDING BOOK OF H. M. SLOOP CHILDERS.
Date, 3d June, 1848—Name of Vessel, "Spec."—Master, Wm. Cole—Owner, Davidson of Ningpo—Where from, Ningpo—Bound, Saddle Island, one of the Ports of
Trade—Belonging, Hongkong—No. of Days out, 3.—Registered Tonnage,
1.—7. 10—Guns, 9—Jungting, No Cargo—No passengers
Nation, English—How rigged, Schooner—Marks, The master, mate, and three men, not on the articles; one English seaman on Register Ticket; no registry of arms, and has on board 9 guns, 28 muskets, 5 Pistols, 10 cutlasses, 4 pikes, and 5 spears; 9 Chinamen, and 1 pilot not on manifest
(True Copy,) J. C. PITMAN, Commander.
LIST OF JUNK'S ARMS.
This is to certify that Ting-ke, the wounded Chinese brought to the Chinese Hospital from H. M. S. Childers, is still under my care. There is less inflammation of the foot then there was, the progress of the Sloughing has ceased, and several small portions of bone have been taken away from the wound; but he could not go to Hongkong, without great danger to his life.
WM. LOCKHART, Surgeon.
Shanghae, July 4, 1848.
Questions asked by Commander Pitman, of the master and crew of a Chinese Fishing-junk on board the Spec, of Hongkong, in the presence of Mr. Cole the master, the mate, and crew of the Spec.
Rugged Islands, the 2d June, 1848
From whence did the junk come?—From Chebac.
Where are your papers?—We produced them.
How came he to have so many arms on board?—To protect himself from the pirates outside.
What became of all the things belonging to the junk?—Rice, arms, and some small boxes taken on board the Spec.
Whether any person belonging to the Spec had taken anything from them?—Only the rice, arms, and small boxes.
Have any of them been beaten on board the Spec?—No, except wounding them by firing at them.
Had they had plenty to eat on board the Spec?—Yes.
Did the Spec fire shot at the junk?—Yes, and killed 5 and wounded 3 men.
How many men lost?—The 5 killed, one of their heads was blown off.
How many men in the junk when she left port?—24—19 were on board the Spec.
Has he any complaint to make as to the treatment received from the Spec?—No, only they were innocent of the charge of being pirates.
Where was he when the Spec took him?—Off the Ruggeds at the fishing station.
Captain Pitman told them that he would take 2 or 3 of them on board the Mandarin junk to be examined, and if they were found not to be pirates they should be allowed to go away.
The Pilot of the Spec was asked.—
How he knew that these men were pirates?—Because they fought the fishing boats.
The Master of the Spec was asked,—
Who sent the Pilot on board?—The Chinese merchants at Ningpo, and hired the vessel.
Did the junk attack or molest you?—No.
The following is a list of the arms I saw on board the
Junk.
5 Gingalls
5 Tahious
Matchlocks
10 Pikes
J. C. PITMAN, Commander.
British Consulate Office, Shanghae, 31 July, 1848.
Sir,
I have the honour to return the Log Book and Papers of the Schooner Spec detained by you on the 23d ultimo, for acts of Piracy and breach of existing Navigation Laws, as set forth in the evidence taken before me on the 29th ultimo, on the charge preferred by you against the master and crew of that vessel for Piracy and Murder committed on the high seas. You will be good enough to hold these Documents available for production in evidence at any Trial that may take place in the Supreme Court at Hongkong.
I have further to request that on the arrival of the Prisoners at Hongkong, the officer in Charge will report the same at the Superintendency, deliver the enclosed Despatch, and act in reference to the disposal of the Prisoners as Her Majesty's Plenipotentiary shall please to direct.—I have the honour to be, Sir, your obedient servant,
RUTHERFORD ALCOCK, for Consul.
(True Copy, FARD. HOWARD)
To Commander J. C. Pitman, R.N., H. M. S. Childers.
By J. C. PITMAN, Esquire.
You are to allow no communication with the Prisoners except in writing through you. You will be furnished with a list of the master and crew, and all the necessary papers.
on reporting yourself and the number of Prisoners at the Superintendency's office there, where you will deliver the enclosed Despatches for His Excellency the Governor.
Given under my hand on board the Childers at Woosung, the 3d July, 1848
J. C. PITMAN, Commander,
To Lieut. G. T. Graham, of H. M. Sloop Childers.
CHIEF MAGISTRATE'S OFFICE, HONGKONG.
Before C. B. HALLER, Esquire, Chief Magistrate, and
TUESDAY, 12TH SEPTEMBER, 1848.
a Commissioner of the Court of Admiralty,
BRISAT
1st Prisoner, WILLIAM COLE, of Pembrokeshire, master of the Schooner Spec,
2d Prisoner, GEORGE JOHNSON, of London, mate of Schooner Spec
3d Prisoner, EPHRAIM FRANCIS, of Maldon, in the county of Essex, gunner of the Schooner Spec
4th Prisoner, No. 1 JOAN IGNACIO, of Staunbogan in the Phillipine Islands, seaman of the Schooner Spec.
5th Prisoner, MARIANO AGOSTIN, of Seeboo in the Phillipine Islands, Seaman of the Schooner Spec.
6th Prisoner, LORENÇO SANTOS, of Calibo in the Phillipine Islands, Seaman of the Schooner Spec.
7th Prisoner, MARIANO ALBERTO, of Iligan in Luconia Island, Seaman of the Schooner Spec.
8th Prisoner, MARIANO DE LOS SANTOS, native of Seeboo in the Phillipine Islands, Seaman of the Schooner Spec.
9th Prisoner, LUCAS MANOEL, native of Bigan in Luconia Island, Seaman of the Schooner Spec.
10th Prisoner, ERO JOSER, native of Antigue in the Phillipine Islands, Seaman of the Schooner Spec.
11th Prisoner, GABRIEL CALISTRO, of Santa Luzia in Luconia Island, Seaman of the Schooner Spec.
12th Prisoner, No. 2 JOAN IGNACIO, 30 years of age, of Soorgegas in the Phillipine Islands, Seaman of the Schooner Spec.
[Juan Ignacio the first, named above, describes himself as 26 years of age.]
13th Prisoner, BUENAVENTURA MARIANO, of Sambaangar in the Philippine Islands, Seaman of the schooner Spec.
14th Prisoner, KWOK-AN-VEE, 14 years of age, of Chusan, domestic servant.
15th Prisoner, LE-AN-VOOK, of Chusan, cook.
16th Prisoner, WONG-KAT, of Chusan, servant to a Seaman.
17th Prisoner, YUM-CHAONG-MING, of Chusan, domestic servant.
18th Prisoner, YOW-CHAY-CHING, of Ningpo, seaman.
1st Witness for the prosecution, JOHN CHARLES PITMAN, ESQUIRE.
On the 22d June last I was on board and in command of Her Majesty's Ship Childers off the Ragged Islands on the Coast of China, in Latitude about 30 North; do not recollect the Longitude. At six o'clock on the morning of that day, the Childers being then about
Page 365
five miles from the shore, I saw a schooner and a Chinese junk was in company with her; looking with the glass I judged the junk to be almost a quarter of a mile from her, but it was impossible to judge correctly at that distance; the junk was standing into a bay, in the same way as the Spec (afterwards found the schooner to be) The junk and the schooner between 8 and 9 that morning anchored in a bay there close to each other; in the bay were three mandarin junks and some fishing-boats. It was calm, and we were obliged to anchor at A. M. between two and three miles of the schooner. During the forenoon we observed the schooner and junk apparently alongside of each other. I saw that some things were being discharged from the junk into the schooner, and refuse, floated past the Childers; from the direction in which they floated I supposed they had been thrown over from the junk; the tide flowed in a right line between the junk and the Childers. At 4 P. M. that day I weighed and made the Childers down to the schooner. I anchored about half a cable from her, and found the junk about half a cable's length nearly astern of her. I found the schooner to be the Spec. In consequence of a message sent by me on board the Spec at 5.30 P. M. that day, prisoner Cole came on board the Childers, bringing a Log-book and some Ship's Articles (witness produces them) which he affirmed to be the Log-book and Articles of the Spec. He said that he was acting as master of the Spec for another person who was absent at Ningpo. I asked him what he was doing there and what he was doing with the junk; he said he had captured her. I asked him if he had had any communication with the Mandarins, and what he had done with the people belonging to the junk; he said No to the first question, and to the second that the people were on board the Spec. I then asked him why he had not taken these men to the Mandarins, or brought them to me, as I had been in sight of him all day; he said he did not know. It was getting late and I told him that I should examine his vessel in the morning. He said in reply to any questions that he had not put in for stress of weather: that he was from Ningpo, and did not know any place in particular to which he was bound; that the junk had not fired at him or molested him, but that the pilot had told him that she was a pirate. I asked him why he had hailed her. He did not reply to this, before nine o'clock next morning I went on board the junk and examined her; I found that everything had been taken out of her excepting some nets and some small tubs of fish for bait. There were several shot holes in her hull that might have been caused by sound shot from a three or six-pounder gun; then I went to the Spec and mustered the Spec's crew. I found the articles were incorrect. Prisoner Cole said that the Chinese crew of the junk were in the fore hold of the Spec. I saw them brought on deck from the fore hold; their hands were tied together; seven of them had wounds about them; one of them was so severely wounded that I sent for the medical officer to examine him. I asked Cole how these wounds had been received, he said by shot from the Spec. I asked Cole if he had papers of the junk, he said. No; I then asked for the head man of the junk. One of the Chinamen came forward and produced some papers that had been sewn up in his clothing, and which by the interpretation of a Chinese from the Childers were pronounced to be the junk's papers. I conveyed to the
Page 366
handed them over to the Chinese Mandarins. When subsequently questioned Cole about it, Cole said that the wound was caused by a grape shot from the Spec; and prisoner Ephraim Francis added that he thought it must have been caused by a grape shot. I subsequently released the crew of the junk, excepting the man who was badly wounded, and who was sent on board the Childers to be under medical care. I went to the Mandarins, and the crew of the junk (that is two of them) were examined before them. The Mandarins, as the interpreter explained to me, wished the crew of the junk to be released, as their papers were good. By their request I also handed over to them half the arms of the junk, handing the others to the junk's crew. The junk was a fishing junk of the ordinary class fishing thereabouts,
The quantity of arms belonging to the junk was not unusually large; the crew said she had them to protect herself against pirates. I found in a list of the arms belonging to the junk as detailed to me by Cole. Between 4 and 5 P. M. on the 22d June last I saw two Chinese boats alongside the junk; shortly afterwards as we
J. C. PITMAN,
Commander of H. M. Sloop Childers.
are hereby directed to repair on board the schooner Spec of Hongkong and take charge of her, as well as the master and crew, who are prisoners under the charge of Piracy on the High Seas, &c., and you will use the utmost
vigilance that none escape whilst under your custody. You will proceed with all expedition to Hongkong; on your arrival there you will report yourself to the Senior Naval Officer, from whom you will receive further instructions.
For your better guidance, I refer you to Chap 8 of the Queen's Regulations, Page 82, and to Art. 14 of the Admiralty Instructions, Pages 6 to 14
146
Captain PITMAN recalled, and asked if he could idently the last witness thin-ke? Answered, i enu, and euroborate the greater part of his evidence.
J. C. PITMAN, Taken before me the day above mentioned,
RETHRFORD ALCOCK, Consul.
Shangine, & The examination of WILLIAM LOCKHART, Surgeon, taken an oath, &c., &c.
The last witness Ching-ke was brought to me fat the Chinese Hospital] from H. M. Childers on the murning of the ita inst., with an injury ta his left foot. Apprentiya alusket shot had struck him on the first joint of the great tee, breaking the bone and laying open the joint. Songhing had commenced, and great formation of matter cound the wound and behind I consider is a dangerous wound, and that his fe is in danger from it. WILLIAM LACKBART, M.R.C.S.
Taken ore me, &c.
Shanghae, &c.
I
The examination of WILLIAM ROGERS, M.D., Sor geon of H. M.'s S. Childers, taken on oath, &c., &c. I went on board the Selanoner Spee by Commander Pian's order on the 23d instant. "I saw three wounded Junkmen, one of then the witness recently examined, Ching-ke, and the other two had only re ceived cantusions and the injuries were sight. asked how the injury lud been received? The prisoner present, William Cole, said he thought TAB by u grape slet. I hear William Cole say that he had fred into the Juuk. I considered it necessary that Ching-ke should be removed for treatment. as the consequences of such wounds are frequently dangerous. I heard the answer of the Admiral interpreted to Captain Pitman, that the Junk in question was a proper Juk, by which I understood net a pisatiel Yessrl,
WILLIAM ROGERS, M.D., Surycon. Taken before me, de.
Shanghae, &e.
The examination of JOSHUA BERKELEY, Esq., mate on board H. M. S. Childers, aken on oath, &c.
1 was sent to bourd the Schooner Spec this day week (22d Jane) with orders van Captain Pimu to ask the master what his business was there, and what was the communication he had with the Jack astern of him to which he replied that he bail been commissioned by Mr Davidson to conser sine shot down to the Dino and he had captured the Junk the day previous and brought her in to the Ruggeda. I returned with this answer, and was again despatcher with orders to the master to be on board H. M.'s S. Childers with his Lug and papers within half an hour. The next day I was on board the Junk and saw the marks of several shot holes in her side and one in ber sl. She was capty, I only saw sunle oks and bait on ri JOSHUA BERERURY.
Taken before me, c.
SHANGNAR TO WIT,
The examination af George Johnson, native of England; Moriano Alvesto, Juan Nasieu, Jan Nesin, natires of Manila; Lerio Sept, native of Antigua; Striano de los Santos, facas Manoel, natives of Manila; Ephraim Francis, attive of En- gland Lorenzo Santes, Mariano Aagastine, Gabriel Calist, Sebe Marano, natives of Manila; Lith- Ayih, native of Chesan; Ching-Lh-Ching, native of Ningpo Al-Ancung, Wang-Yuh-Fa, natives of Chusan William Cole, native of England; Yum-Ching-Ming, native of Chusan Taken this twenty-ninth day of June, in tire Year of our Lord One Thousand Eight Hundred and Forty-eight, before ne Rutherford Akock Esquire, Her Britannie Majesty's Consul at Shanghae aforesaid, the said
orge Jolason, Mariane Alvesto, Juan Nasic Jutro Nasien, Levis Sept, Mariano de les Santos, Lens Manoel, E. Francis, Lorenzo Santos, Marime Augustine, Gabriel Calistro, Sebe Mariano, Li- Ayib, Ching-Leia-Ching, Ah Aneung, Wang-Yuh- Fii. William Cole,-being charged before me the said Consul on the cath of Jom Charles Pitman, Esenire, Commander of H. B. H. Sloop Childers, for that on the 1st day of Jane, in the Year of Our Lord One Thoushond Eight Hundred and Forty- eight, being a board a certain vessel nr schooner called the Sper in a certain place on the high seas | near the sand called the Ruggeds" on the coast of Chim, did piratically, feluriously, and violently with free and arts, attack, board, and take possession of a ceru Junk or vessel, the property of a certain Chinese subject amet Kwo-kin, the owner therent, and did felonienly fre into the said Jank or vessel, whereby the said Kwo-kin the owner together with several of the semen on board thereaf were killed, and did take and carry away certa's stores and apparel betonging to the said Jenk, and certain Giends and Chattes belonging to the said earner and divers of the scame on board. And the wit- nesses against them being examined in their presence. they are now naked by me if they wish to say any thing in their owr behalf; whereupon thy nswered they had no defence to ninke.
RurnerFORD ALCOCK, Consul,
Shanghao, &c. The examination of KEW-TSAK-KIN, a native of the District of Ningpo-fon, a mariner, taken this First day of July, &c.
I was put on beant the schooner Spec by a public body of Chinese merchants, and took no pay from the master the ship. A jak had been hailed to let down her sails, and act complying, a shot had certainly been fired into her.
Takon before ale, &e.
RUTHERFORD ALCOCK, Consul.
1, Jolan . Pistoan, Conamander of Her Majesty's Sloop Childers, du sulem deelum that the above is a true state- ment of my Questions, and the Answers munde to the same. In witness wherouf I hereunto attach my signature this 23d of June, 1813.
J. C. PITMAN, Commender
1, George Talia Dormer Andrews, Clerk of Her Majesty's Stop Childers, do dociare that the above statement was Hongkong at anchor off die Rusged Tilanda. truly taken by me this day en beard the schomer Spee of i
Ja witness whereof I leruato attach tay signature the 236 day of June, 1946.
G. J. D. ANDENwa. Clerk
Questions asid by Comanande J. C Piamun, of Ching- chonkey (the Chinese Admiral in charge of 7 jusdra), 074 board his vessel.
Rozer Islands, the 23 of June, 1848 Has the English schooner Aper any right to be here?-No. Whether he knew what the English shouner Spre was Alat hore-Did not know.
Did he know whether the jurk taken by the Spec was a pirate or not-Dél not know,
Did he know what the schooner Spec was about with the J-ot know.
Wurther the Captain of the chooner Irad brought any of erew of the junk on board to him, or made any complaint to hin relative to the junk?-
What hace of the crew and sarge of the junk?-Taken en board the Spec le beiered.
Is that English zelooner any right to take the jmik?—No Did he know why the Captain of the Spec lid not brought the era of junk on beant hie vessel?-Did not know.
After the 2 Chinuumen bol nging the shing jam and the uate of the App had been taken on board the manda rin's junk, the folkving Questions were asked.-
Whether the papers of the junk were carreet?—They are all proper and correct, and signed by the proper authorities. Ise any complaint to make sgainst the schooner?—No. Whet sales and the shaoner Spec to take that junk, whether it was proper to do so, and if the Chinese mandaris like it --The junk's papers are proper, but she had on busi- 11ess to have so many acts on board, The English versel do righ: to take her; she has a right to carry me anus. If the Chinese admiral likes, the arus shall be returned to the junk-Part of them,
If he likes, reminder sal be sent to him or thrown over- board?-To be sent to him. Which was done.
Captain Pumas then told the junkmen that their junk, rice, and part of their arms, would be returned to them, and they would be alowed to go on with tacir fishing. They saic they woate return to Chin-line.
Cape Puntold the Chinese Admiral that the English schnurer Spec lud tired into the juok ani led 4 and taken to the Shane Hospital for medical treat cent. He wounded 3 net, and that one of the wounded then would be said it was a hal affair, but was much obliged
Are you now quite satsfied that the junk is not a pirate? Ya, she is asking Junk of Chin-hae
I, John Charles Pitaan. Comactor of Her Majesty's Slown Chilebtra, de sanity declare that the above is a true statement of my Queims and the Answer: nude to same,&c. in witness whereuf 1 herenste attach my sigare this 23d of June, 14.
J. CPTMAN, Commcruler.
1, fieorge Julai 17mer Andrews, Clerk of Her Majesty's Shop Childers, to decks that the above statement was tely taken by me, this day, un bunt the Chinese Adraisals Junk at anelor of the Ruggest felenda.
23d day of June, 1848.
In witness whereof 1 hereanto attach my sigrature the
(4. J. D. ANDABWE, Clerk EXTRACTS FROM THE LCG-BOOK OF THE SCIDONER SPEC. Redusduz. 1 June
3. M. weighed, saw a junk to tuo south ward-the pilot wished us to see what she wa
and took her, towed her back to the tuggeds and anchored. 9. M., came up with her; se proved a pirate, boarded her At Fr. M. uk 18 men and one boy, confined them un bear!
Thursday, 271 Ju
stocner, and put two hats out, oneof which got adrift and 6 F. M. went on board the junk, brought her nearer the was los:: the Chinassen we put in charge of her overnight of us laut 5 miles took out almost every portable article.
a. at 1.M. Brig Childers anchored to the southwart
St. p. 52. s. hove up the junk's anchor and took her closer in-shore. The Chander of 11. M.'s trig Childers came on board to see the papers-not andity thein correct,* ordered us to Shanghae with deiua.
Friday, 23 June.
All our priser por on board the junk and let go except belg Childers. nou wounded in the toe, who was takes on board . .
This appears to be la expresim trent. It had bren originaily
and (Indigente," laving bera imbecil w.ft the of mestres being scored ort.. E..M.
EXTRACTS FROM THE LOG-ROOK OF . M. SLOOP CHILDERS.
Thursday, June, 1846.
"A. M. 6, cbserve the Enelish schauer Spre standing for the Eastern anchorage under the south Ruggeds (Falds.) with a Chinese junk án zomjany. apparently discharging de- quantity of pinking and 11.50, observed the schoumer Sper alcngside the juk,
F. S. T
acting ating past us from her."
G. I. G.
Friday. 24 of June, 1848. A. x. "The schumer Spen of Ingkong having been mustered, lee Articles and Log were found not to be correct. the master's ant sexcial of the crew's names not being regis tered the junk which she had taken possession of bas biberated by order of Conureander Pima. haul one ofthe wounded Chinese
Tuck on
P. Cairese Auriral visited the ship. Battell him with 3 guns. Petaried the shooner pre of longkang for having taken the (aliovoi Chinese Julk, killing Five men, and wounding Furce."
EXTRACT FROM THE BOARDING BOOK OF JL M. SLUP CHILDERS. Date, 3d fans, 1948-Narar of Vend, "Spec."-Maner, Wm. Cole-Diener, Davidson of Ningpo-where from, Ningpo-Band, Saddle Island, uct one of the Ports of
Tracto-Belonging, Hongtong-No. of Duys out, 3.-Ken. consigned,
1.-7. 10-Giens, 9-Junting, No Carge-Yo ankesa
Nation, English-How Higred, Selener-arks, The master, mate, and three men, not on the articles; one English scan on Register Ticket; no registry of arms, and has ou hond 9 gans, 28 muskets, S Pistols, 10 cutlassen, 4 pikes, and 5 spears; ♬ Chinamen, and 1 pilot not on manife
(True Copy,) J. C. PITMAN, Cammander.
LIST OF JUNK'S ARMS.
This is to certify that Ting ke, the wounded Chi nese brought to the Chinese Hospital from . M. S. Childers, is still under my care. There is less ir.flan.a. tion of the foot then there was, the progress of the Sloughing has ceased, and several small portions of bove have been taken for the wound; but he could oner Spee, of Hongkong, belonging to the Chinese fishing not go to Hongkong, without great danger to his life. bol,-
WM. LOCKHART. Surgeon.
Shanghae, July 4, 1813.
Questions asked by Commuter Puman, of the master ard crew of a Chisen Fiering-dont on board the Spec, of long- kong, in the presence of Mr Cole the master, the mat, and crew of the Spec.
Rugged lands, the d June, 1848 From whence did the junk come?- From Chebac. Waere are your papers-Fc proced thent. How came he to have so many arms on board!-To Fro- teet himself from the pintes outside.
What became of all the things belonging to the junk?— Rice, arius, and some small boxes taken on board the Spee Whether any person belonging to the Spee had taken any- thing from them?-Only the rico, anne, and small boxes.
Ilare any of them been hesten en bound tire Spec?—No, ercent wounding them by Bring at them.
Flad they had plenty to ext on board the Spec-Yes. Jid the pre tire shot at the junk?—Yes, and killed 5 and wounded 3 men,
flow any men lost-The 5 killed, one of their heads was blown air.
How many men in the junk when she left port?-24-19 new on board the Spe.
Has heary complaind to sunke za to the treatment received from the Spec?-No, only they were innocent of the charge of being pirates.
Where was le when the per took him?-Off the Rugged's at the shing station.
Captain Pitman told them that he would take 2 or 3 cf them on board the neandarin junk to be examined, and if they were found not to be plates they should be allowed to go away.
The Pilot of the Epic was asked.-
How he knew that these men were pirates?-Because they fight the selfishing boats.
7lte Master of the Spet was asked,--
Who sent the Pilot on beard -The Chinose merchants at Ning, and hired the vessel.
Did the jurk are at or molest you?—No.
The following is a list of the arms I saw on board the
5 Gingais
5 Thathous
Matchlocks
10 Pikes
J. C. PITMAN, Commander.
British Consulate Office, Shanghae, 31 July, 1848. 8.-I me the hancur to retum the Leg Hook and Papers of the Schooner Spic detained by you on the 23 attino, for sets of Piracy and breach of existing Navigation Laws, as set forts in the evidence taken before die on the 2th ultirao, on the ohatge preferred by you against the master and crew of that vessel for Piracy and Murder ecm- mitted on the bigi sess. You will be good anɔngh to hald these Documents available for production in evidenco any Trial that may take place in the Supreme Court a Hongkong.
1 have further to request that on the arrival of the Prisoners at Eungking: the officer in Charge will report the same at the Superintendency, deliver the enclosed Despatch. si act in reference to the disposal of the Prisoners as Her Majesty's Pletipotentiary shall pleso to direct.-I have the honour to be, sir, your obedient servant,
RUTHERFORD ALCOCK, forsvì. {True Copy, FARD. How HALR. To Commander J. C. Fitman, R.N., M. S. Childers. By J. C. PITMAN, Esquire.
You are to allow no commieation with the Prisoners except in writing tume you. You will be fitrasher with a hat of the master and crew, and all the necessary papiers.
reporting yourself and le auber of Prisoners at the Su- perindearent'soflee there, where you wilj deliver teenelcsed Despatches for His Excellency the Governor.
Giser under my hand un beard the Childers at Woosung, the 3d July, 1848
J. C. PITMAN, Commander,
To Lieut. G. T Graham, of II. Sí. stoop Czikkers.
CHIEF MAGISTRATE'S OFFICE, HONGKONG.
Before C. 13. Halier, Esquire, Chief Magistrate, and TEKSDAY, 12TH SKYTRAHER, 1849. a Commissioner of the Coart of Adnaaly,
BRISAT
1st Prisoner, Wantraat C, of Pembrokeshire, master of the Schooner Spec,
28 Prisoner, GBORGE JOHNSON, of London, mate of Schooner Spre
Be Priser, FruRAM FRANCIS, of Maldor, in the corncy of Essex, gamer of the Schrorer Spre
4th Prisoner, No. 1 Joan Jonaco, of Staubongan in the Phillipine Islands, seman of the Sebraer Spec. Stà Prisonar, Maurang AGOSTIN, of Seeboo in the Phillipine Islands, Seaman of the Schooner Spre
6th Prisener, LOURENÇO SANTOS, of Calibo in the Phillipine Islands, Seaman of the Schooner Spec.
7th Prisoner. MARIANO ALBERTO, of higan in Louis Island, Semuan of the Schooner Spec
the Prisoner, MARIANO DE LOS SANTOS, native of Schooner Spec. Seeboo in the Phillipino Islands, Seamau of the
Laconia Island, Semnan of the Schnaver Spec.
9th Prisac, LuCAS MANOEL, native of Bigan in Juta Prisoner. ERO Joser, native Antigue in the Phillipine Islands, Seam of the Schooner Spec. 11th Prisoner, GABRIEL CALISTRO, of Santa Luzia in Laconia. Island, Seaman of the Schooner Spec, ge, of Soorgegas in the Phillipine Islands, Seaman 12th Prisoner, No. 2 JOAN IGNACIO, 30 years of of the Schoonet Spec.
(Juan Ignacio the first, named above, describes him- self as 26 years of age.]
13th Prisoner, BuzEDIC MARIANO, of Sambaangar in the Philipine Islands, Seaman of the schoone Time. 14th Prisoner, KWOK-ARVEE, 14 years age, of Chisan, domestic servant.
15th Prisoner, deR-ARVOOK, of Chusɛn, cook. 16th Prisoner, WONG-KART, of Chen, wervant to a Seauan.
17th Prisoner, YURN-CHAONG-MINu, of Chusan, domestic servant.
18th Prisaner, YoW-CHAY-CHING, of Ningpo, ecc-
man.
Ist Witness for the prosecution, Joax Charles On the 22d June last I was on board and in command | PITMAN, SNOTT-I am a Commander in the Navy, of Her Majesty's Ship Childers off the Ragged Islands on the Coast of China, in Latitude about 30 North; do uo recollect the Longitude. At six o'clock on the morning of that day, the Childers being than abou up for the Bast end of the South Rugged; a Chinese five miles from the shore, I saw a schooner sunlig junk was in company with her; looking with the glass I judged the junk to be almut a quarter of a mile from her, but it was impossible to judge correctly at that districe; the junk was standing into a bay, afterwards found the sclconer to be the Sper) The the same way as the Spee, and aboar of the Spet schooner and jurak between 8 and 9 that morning anchored in a lay there close to each others in the bay were three mandarin janks and some fishing-boats It was calc, and we were obliged to anchor at A. M. between two and three tiles of the schooner. During the forenoon we observed the schinouer and junk ap parently ashed alongside of each other. I saw that some things were being discharged from the jack into and refuse, floated past the Childers; from the direction the schooner, and planks, matting, and pieces of wood ¦ in which they floated I supposed they had been line between the jank and the Childers. At 41 m. thrown over from the jurk; the tide dowed in a right that day weighed and mau the Childers down to the schcorer. I anchored about half a cable from her, and found the junk about half a cable's length nearly astern of her. I found the schooner to be the Spec. In consequence of a message sent by me on board the Spee at 5.30 r. . that day, paismer Cole came on hoaid the Caillers, bringing a Log-book and some Ship's Articles (witness pro-inces thera) which be affimed in be the Leg-book and Articles of the Spen. He said that he was neting as master of the asked him what he was doing there and what he Spee for another person who was absent at Ningpo. was doing with the junk; he said he had her tasked him if he had had any communication capturad with the Mandering, snd what he had done with the question, and to the second that the people were on people belonging to the junk; he said No to the first board the Spre. I then asked him way he had not taken these men to the Mandarins, or brought them to me, as I had been in sight of him all day; be said he did not know. It was getting late and I told him that I should examine his vessel in the morning. He said in reply to any questions that he frem Ninggo,and did not know any place in particular had not put in for stress of weather: that he was to which he was bored; that the junk had not fired at him or molested him, but that the pilot had toll him that she was a pirate. I asked him why He said that he had fired into the junk. he had hailed her. He did not reply to this, before nine o'clock next morning I went on board A little the junk and examined her; I found that everything had been taken out of her excepting some nets and some small tubs of fish for unit. There were several shot hoes in her hull that might have been canser by sound shot from a three or six-pounder gun; then I went to the Spec and mustered the Spec's crew. I found the articles were incorrect. said that the Chinese crew of the jonk were in the Prisoner Cole fore hold of the Spee I saw them brought on deck from the fare bold; their bands were tied together; sezent of them had wounds about the; one of them was so severely wounded that I sent for the these wounds had been received, he said by slot from medical officer to examine hin. I asked Calo Imw
killed by the are of the Spre. I asked Cole if he the Se; that five of the crew of the junk a bret kad papere of the jack, he said. No; I then askoć for the lend man of the junk. One of the Chinaren i came forward and produced some papers that had been sown up in his clothing, and which by the inter-
I Jiave Rian to request that you will as speedily as possible,pretation of a Chinese from the Childers were pro- cause the said maater and crew, now in four custads, to be
nounced to be the jonk's papers. I conveyed to the Colony of Hongkong, for which this shall handed them over to the Chinese Mandarins. When subsequently be your ahority,
and questionel Cule aboat it, Cole said that the the doctor came on board to see the worded man, wound was ensed by a et Dom the Spee; and nest have been caused by a grape alot. I subse prisoner Ephraim Francis added that he thought it quently released the crew of the junk, excepting the man who was badly wounded, and who was sent on board the Childers to be under medical cate. I went! to the Mandarms, and the crew of the junk (that je two of them) were examined before their. The man- darius, as the interpreter explained to me, wished the crew of the jak to be released, as their papers were good. By their request 1 also Fanded over to then half the arms of the junk, banding the others to the junk's crew. The junk was a fishing junk of the ordinary class fishing thereabouts,
The quantity of arms belonging in the junk was not unusually large; the daring said she had then to patent berself ing to the junk as deteiled to me by Cole. Between against pirates. I band in a list of the arms belong- 4 and 5 P., on the 21 June Jast i saw two Chinese boats alongside the junk; shortly afterwark as we
Y
Commander of H. M. Sloop Childern.
are hereby directed to repair on board the schooner master and crow, why are postaters under the charge of Spec of Hongkong and take diarge of her, as well as the Pimey on the High Sear, te, and you will use the utmort
vigiance that none escape whilst unter your custody. Fou will proceed with all expedition to Hongkong; on your arrival there you will report yourself to the Senior Naval Officer, from whom you will receive further instruction.
For your better gukiance, I refer you to thap 8 of the Queer's Regulations, Page 82, and to Arf. FU of the Admf- ralty Instructions, Fages 6 to 1
146
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