a suggestion of mine, it was determined that 24 hours was discharged, (Bond read) I drew the bond--I notice should be given to the Sheriff, to prevent any have a copy of the proper form in my office. I have re- possibility of mistake. A letter was therefore written peatedly drawn out such bonds. I receive no fees in to the Governor of the Gaol to give the Sheriff notice, such matters. I got no instructions whatever from Dr that if no civil process was issued against Allum be Bridges farther than the letter already produced. I fore the expiry of the 24 bours, Allum was to be received instructions when made a J.P., not to act in discharged. I may explain, that the Sheriff had for- my magisterial capacity in any matter connected with merly the charge of the prisoners, but the powers are the Gaol. The old Gaol Ordinance has been su now rested in a Governor of the Gaol, resident on the perseded by the New Gaol Regulations. Dr Bridges premises, who now receives and discharges prisoners, visited the gaol on the 1st August; he expressed The next I heard of the matter, I believe, was on the surprise at Allum's release, and asked how the Sheriff 1st of August, when, on visiting the Gaol, as I usually had permitted him to go.
do, the Governor of the Gaol informed me Allum was
gone.
I was very much surprised, and immediately crossed over to the Magistracy, where the Sheriff was
For the defence.
TAM-ACHOV,-Has spoken to Dr Bridges about Allum. Never was asked by Dr Bridges to bring money-never paid any.
PHILLIP COHEN, Merchant-Have had dealings with Allum. When Allurs was arrested, he owed I succeeded in obtain- the firm upwards of $1000,
F. S. HUFFUM, Clerk to the Chief Justice, ques tioned as to the correctness of a report in the Friend of China of a discussion before His Lordship about some money found in Allum's iron chest, and which Dr Bridges demanded on behalf of his client said he thought the report was correct.
J. JARMAN, Inspector of Police,-Was directed to read the report of the execution before the Ma- gistrate. At first he said he thought it correct as far as he could recollect; but on being cross-questioned, said Dr Bridges had given his evidence in an open, straitforward manner-made no attempt to conceal any facts answered every question put to him. Mr Jarman was then told to re-read the report in the Friend of China, and say if that report coincid- ed with what he had just stated about Dr Bridges's manner of giving evidence; he acknowledged it did not, and then wound up by saying he had paid very little attention to what took place in the Magis- .trate's Court, as he was busy at the time with other
LE-ARROW, I know Cheong Allum, am his cousin. sitting, and enquired how Allum came to be discharged I am Overseer in the Land Office. My salary is I do some other business. I had no when civil actions were pending against him. The $20 a month.
I remember the morn- Sheriff had nothing to do with Allum criminally, but share in the Eaglet steamer. he was informed that Ailam bad to enter into bonds. ing you got the poisoned bread. I saw Allum the I directed the Sheriff to be informed, because, having day after he returned from Macao-he was at the been Allum's Counsel, I was afraid that something Police Station. He did not ask me to get him a might be said about my connection with his release. lawyer. I only saw him, I had no conversation with Other prisoners have been in Gaol on suspicion, for him- was not allowed. The goods in Allum's shop whom bonds were taken, some by the Registrar Gene were taken by the police; there was some money in ral, some by the Governor of the Gaol. I had nothing the chest-more than $1000, After Allum's arrest, to do with the drawing of the securities, nothing what he became my debtor, and still owes me $200 or ever further to say to Allum's release, (The Friend of $300. I went to Dr Bridges about Allum, who had China of 5th August last banded to the witness, who, been put in jail on a false charge, to get the matter put when asked what part of an article in it he considered to rights. I offered Dr Bridges $1000 if he would libellous, replied,)-I do not exactly know what part take up the case there was no bargain as to whether to say. It accuses me of dishonesty and abuse of Allum should get off or not, but simply that Dr Bridges my position, and of being actuated by unworthy should undertake his defence. 1 paid the money- motives in ordering Allum's release. (Another it was my own. I have got $800 back, and hope to paper of 25th July handed to him.)-I see nothing get the rest when Allum is able to pay it. Allum was in this directly referring to me, except that it speaks pretty well off before he went to jail-he was worth of an exposé, and is alluded to as such in the paper several tens of thousands of dollars-say $30.000. After Allum's acquittal and re-arrest, I went round of 5th August. I had no reason to dread any ex- pond. I received from Allum altogether $1150, In with a petition on his behalf for signature. I have the criminal matter, I was waited upon by Chinese. been many times to Mr Stace on Allum's business. I did not like the case, and told them if I was to act for Allum, I should charge $1,000, but would have nothing to do with Allum personally in the matter. In the civil cases, I get $150 from Mr Stace, Allum's Solicitor. The $1,000 I got from Allum's friends. I did not get the money myself, but was told by my Comprador it had been paid-I presume by Tam Achoy and Assow, who with 5 or 6 nther Chinese had waited on me to ask me to defend Allum. I made a mistake at the Magistrate's Court in saying the sum I got from Mr Stace for account of Allum was between $175 and $225, for on looking at my book I find it was only $150. It was perfectly immaterial to me whether Allum's books appeared in the Insolvent Court or not. I consider I acted wrongly as Colonial Secretary in keeping Allum in gaol for the 22 days it was only to prevent anything like an imputation being cast upon me about his release. (Witness shewn the Friend of China of 22d Angust, professing to give a report of the examination before Mr Davis, the Chief Magistrate, and also Mr Tarrant's first letter to Mr Labochere, said)-the report is false-a distortion of the truth from beginning to end. (Cross-ques- tioned by Mr TARRANT.) When I accepted office in February last, I found Allum in jail. He was there on the Governor's warrant. The Sheriff before gave a wrong account of the incarceration, and he is now aware of it; he had forgot the particulars-we are all liable to make mistakes. New Gaol Regula tions have been made by the Justices of the Peace, They did not require to be approved by the Legisla tive Council, though the Governor has the power of disallowing any alterations. I knew nothing about the discharge of the prisoner, further than I have already stated. The Magistrates follow their own plans in taking bait. Allum was committed under the Governor's warrant, and the Sheriff had nothing
to do with him.
ANDREW L. INGLIS,-I am Governor of the Gaol, and have been so since the 4th of May in this year. New Gaol Regulations have been made since I became Governor; under these regulations the custody of prisoners is vested in me as Governor. When I took charge of the jail, I found Allum in custody, under a warrant bearing the H. E. Gorernor's signature and seal. In the month of July (the. 8th) I received instructions that I was not to hold Allum longer a a criminal, but I was to keep him in custody in case any civil process should be issued against hin (Extract of 8th July from jail-journal read.) The next communication know of relative to Allum was on the 30th July, when I received letter directing me to give the Sheriff notice, that if no detainers were lodged against him before the expiry of 24 hours, he would then be discharged by me, on finding security not to return to the colony for five years. I took the letter to the Sheriff, who read it, and said he had something against him, and would arrest him on the morrow. The following day in the forenoon, I received a note from Mr Stace, by the hands of Tam Achoy and another, to say that they would be bail for Allum, and that they had better see Mr Caldwell that he might approve of them as sureties (note read.) I sent the note down to Mr Caldwell, who said both men were valid. I then drew up the bail-bond, had it signed, and there being no detainer lodged by the Sheriff, I discharged Allur according to instructions. (Governor's warrant for Allum's imprisonment read.) I found the warrant on the file when I entered on office. When I joined the Gaol, it was under the charge of the Sheriff until new regulations were framed, vesting all the power in me as Governor. I did not find any security ne Governor of the Gaol, I had no experience in the duties of gaoler previous to my arrival in the colony. It was at a before 3 that I received the letter and read it to Mr May, and it was after 3 when Allum
ing the money. 1 sued him, and the Sheriff paid the money. Mr Stephenson, another creditor, also re- ceived his bill but I don't know the amount.
CHARLES BRODERSEN, & partner in the firm of Wm. Pustau & Co.-Have had dealings with Allum, who when arrested owed us money,-promissory notes and money altogether $10,000 or $12,000; the notes; were not for value received. We obtained judgment I don't know against Alium for the whole amount. how much has been recovered. We got $1600, and judgment for the $12,000. I hope to get some more of the money yet.
CHARLES MAY, Acting Sheriff,-After his ex- amination before the Police Court, I issued a warrant for the detention of Allum under Ordinance No. 2 of 1857, because the Attorney General had told the Court that such a step would be taken; I was at that time in charge of the gaol in the absence of Mr Mitchell the Sheriff. When a prisoner is liberated on bail, it is the custom here to submit the bond for the inspection of the Committing Magistrate. This
matters.
GEORGE COWIE-Was formerly a Turnkey in the Gaol, and released Allum. He received a note at 10 minutes to 3, ordering him to do so at 3 P.M., if no writs were served; and Allum was released within 5 minutes after 3. No detainers were isstted. The defence having closed, the Judge charged the jury, a verdict of guilty was returned, and the Chief Justice imposed a penalty of £100.
is not necessary, but it is the custom here; any Justice will do as well. Mr Inglis brought the letter of instructions to me while I was on the bench. I said there was a diffienity in my arresting Allum while on the Criminal side of the jail, but if he would transfer him to the Civil side I would arrest him. He replied he had no such instructions. I said I would let him know in the morning; I did not do so. The next I heard of Allam was from the Acting. Colonial Secretary, on the 1st August; I could scarcely believe him when he said Allum was discharged, and went over to the jail to enquire. On examining the writ in my hands, I found the date had expired, and therefore the onus was removed from my shoulders. I was astonished at Allum's release, having expected that the surety bond would be first submitted to me, If a writ had been put in on the 31st, the same objection to serving it would have
been taken.
JOHN DAY, I acted as Counsel for Allum-I was retained by Gaskell & Brown, and they paid me my fees. I was retained two days after the poisoning. My fees amounted to $484. I was junior Counsel.
JOZE D'ALMADA, Acting Clerk of Councils,— (Asked whether the old Gaol Ordinance had been repealed, replied,)-I am not permitted to state any- thing that takes place in the Council.
R. S. WalkṚa, J.P.-New Gaol Regulations were made a short time ago. There were two meetings of the Justices on the subject. I was pre-
sent at one.
JAMES COLLINS, Clerk to the Chief Magistrate,—- I sent round the Circulars, calling a meeting of the J.P. to consider the New Gaol Regulations. (Pro- duces both circulars.)
D. MASSON, Acting Registrar of the Court,-
I am the officer appointed to tax bills of costs. Can't say anything about Dr Bridges' charges unless you can shew me what work he performed.
(Here the CHIRP JURTICE endeavoured to make Mr Tarrant understand, that a client might pay his Counsel or Solicitor any sum he pleased $1,000 or $100,000—with that the Court had nothing to do. The Ordinance for Fees and Costs merely referred to cases in which a losing party had to pay the costs on both sides, in which case he had a right to demand
that the opposing lawyer's bill should be taxed.
-
(Copy) W. 730.
Sir,
In 18.
114
Colonial Secretary's office; Victoria, Honghong,
12th August, 1857.
With reference to the
letter addressed to the.
the
Right Honorable The Secretary of State Colonies by Mr. W. Tarrant
by M
I am desirous
you
a
for
of troubling. short to my
with statement as to
ого
action in the matter
His Excellency
The Governor
7°
"
yo
of
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