WILLIAM T. Briners, D..L...I am a barrister practie- ing at the bar of this colony. Fam also Acting Colonial
Secretary; and bare been so since the 14th of February la I defended Cheung anlum at the riminal Sessions in Jan ary, he was charge with "pinning or attempt to poison."" The tulluted five days. There were one of two mstions
Cross examined by the Defendant-When you took charge of the Colonial Secretaryship in Fê-
Victoria Gaol bruary last, Cheong Ahum was a Prisoner in the
Dr. Bridges. I believe so.. Defendant-At that time the gaol regulations of
what was the date of them
is chambers before the trial. My time was entirely occupi-1868 were in force-Dr. Bridges-I don't know
od with it from the periodzlawan retained vill the end of th trial -10 12 days or ↑ Fortnight; this was before was ap pointed Colonial Secretary- Ablum was acquitted he wa- re-arred after his discharge, on the ground of of being a dangerour charneter, Soon after I came into offfee, a warrant
war diawn our by the Attor er Geseral and signed by the Governor, die esing Allum t be detained until the pleueur of Her Majesty re-arding him was obtained, and he was su detained until about the 30th July. In the meantime an sation for damages had been commenced before I took office under gvernment, which came to issue in June last 1 then aosed as Ahlin's c unsel There was 4.80 auocher 'me 100
Pants& Co, in which I acted as Ablum's Couso
tum'a release was as follows ¿---Application had been made to the b-me guvernment so take Her Majesty'a ple aure with regard to him; and on the 8th July a despatch w received, in consequence of which the Governor gave me orders to see to Ahlum's imm. diate discharge on his entering into
Def. I mean the regulations bound up in this book,the book recently published at the Govern- ment Gazette Office as the laws of the Colony- These regulations were passed by the Legislative Council on the 20th of September 1853, -and vest the Supreme Government of the Gaol in the Sheriff.
Dr. Bridges-New regulations have been pass. ad--the Sheriff is not Governor of the gaol now.
have referred to, an Ordinance was passed--Ord 1 Daf-Simultaneously with the regulations I of 1858-That Ordinance vests the supreme gov- ernment of the gaol in the Sheriff - Sections 2-3 -9-refer to him as sole governor-all other of ficers in connection with the gaol are subordinate Bridges I do not remember what it enacts. Ba-Blit as the Officiating Colonial Secretary, and
a Practising Barrister of this Court, you should know whether that Ordinance has been re- pealed - Dr. Bridges-It has not been repealed:
Def I am aware of that, and to all intents and purposes the Sheriff's power in the govern mont of the gaol remains legally intact
The ordinance I' refer to gives power to three Justices of the Peace, after certain preliminaries, to modify the gaol regulations Do you consider the act of taking the government from the Sheriff and giving it to another officer a modification, or the alteration of a fundamental principle-Dr. Bridges-I am not here to give you legni opinions will give you any opinion you want on be- paid for it.
securities to absent himeelf from the Colony for five yen-Dr. As I had been. Counsel for Ablum in civil proseedings, in the two actione by Pustau and Tarrant, Iwan under the in. prestion that he was subject to heavy liabilities, and I ex- plained to Sir John Bowring that though the home govern ment had ordered his release, they could not interfere with any civil process-bis-creditore might take against him. Hav. ing been Counsel för Ablum, Itwas doubly anxious alse-that- the government action should be straitforward and open, and therefore suggested that I should come down and coneuk Your Lordship (the Chief Justice,) which I dikdithe same day **ad in consequence of that conversation directed the Gov. ernor of the Gul to hold. Ahlumenə lənger as-a criminal pri soner,bet to keep hima aivil prsʊner on the orirašnutside of the jail to a wait any civil process that might be issed out against bim On the 30th of July, 22 days afterwards, Mr Stace, wao was Ablum's &licitor, called on me officially as the Goverment Offices, to enquire the reason why his client was detained in jail as no civil process had been issued out against th, and he was able to enter into the necesary securities lo bave the island for five years. I immediately wrote up ting the Governor, whe was at his huse, te instructions T.He Goveint urdered that the directions from some should be carried out at uner 5, but in sunsequence of a suggestion of mine it was determined that 24 hours' notice should be given to the Sheriff to prevent any possibility of mistake, Atter was therefore written to the G. rnor of the Gol to give the Shriß notice, that it no civil process was issued agut Anturn before the expiry f the 21 hours, Ahlumn was to be discharged, I may explain, that the Sheriff.had fir merly the charge of the prisoners, but the powers are now vated in a Governor of the Gaul, resident on the premises. who now receives and discharges prisoners. The res I heard of the matter, 5 believe, was on the last of August when, on visiting the Gal, ma i u-mally do, the Governor of Geol informed me Ahlum. was gone. I was. Vary mach sunrised and immediately crossed over to the Mogairacy, where the Sheriff was sitting, and enquired bow Ahlpin came to be dischargedi when civil, actions were pending agálnát him. The Sherifl had nothing to do with Ahlum criminally but he was informed that Ahlum. had to enter into banda, 1 directed the Sheriffitto be informed, becaure, having been
Def-You are here as the complainant in this action for libel, and to answer the questions I put to you Have the new regulations received the sanction of the Begislative Council? -Dr Bridges -It is not necessary they should have such assent. Def. -In your capasity of Colonial Secretary, and in your old capacity of Attorney General here, you should know something of the practice adopted in the matter of release of a prisoner on bail-Dr. Bridges-I know very little of the practice.
De-As a Barrister of some practice in England you should know the usual course Dr. Bridges— I had very little practise im England.
-
Def. Did you everread such a Bbok as Burn's Justice1-Dr Bridges - Not much, it is obselete. Def--Archbold's Criminal' procedure then,- here it is a new system founded on Lord Camp
that is not obsolete Wou are aware that Lord Campbell's act is in force in this colony-Dr. Bridges Yes, I brought it out with me..
Ahlum's Counsel, I was afraid that something might be sudball's Act. 14 and 15 of Victoria, Chapter 100- about my connection with his release. Other prisoners have been in Gaol on suspicion, for whom bonds were taken, some
Def.--You have conned it over then, and you low the procedure described under the head "Bail' -Dr. Bridges --I can't say I do.
Th passages referred were these →
Those who read our letter to the Secretary of State for the Colonies in the Fiend of the 22nd instant, will do well to take a glance at the article on the same object in the
· Hongkong Register of yesterday. It only fair that both sites should be heard without as well as wiktin the Court. Readers of the artine in question in any way acquainted with the style of croes examination usually adopted by the victim of oum will feel extreme sympathy for the party who gave his evidence in such a gentlemanly manner the "injured in. mocent!
by the Register General, some by the Governor of the Ghol. Thad nothing to do with the drawing of the securities nothing whatever further to ear to Ahlam's release. [The Friend of China of 5›h August Ihat handed to the witnem. who, when asked what part of an article, in it he considered Ei bellows, replie]-I do not exactly know what part to say. It accuses me of dishonesty and abuse of my position, and of being actuated by 'unwrthy motives in ordering Ablam's release. Another paper of 25th July handed to him,)--- I see nothing in this directly referring to me, except that it speaks of an exposé,, and is alluded to as such in the paper of 5th August. "1. had no reason to dread any exposé. I received from Ahlum altogether. 81150 In the criminal matter, I was waited upon by Chinese. I did not like the case, and told them if I was to act for Ablum, I should charge $1,040, but would have nothing to do with Ablum personally in the matter.. In the civil cases. I got #150 from Mr Stace, Ablum Solicitor. The 4.00 I got from Ah 1..mfrends.. Ldid 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 6ther Chinese had waited on me to sek me to defend Ahlum. I made a mistake at the Magistrate's Court in saying the sum I got from Mr Since for a count of Ablum was between 175 and #295, for on looking at my book Lefind it was only $150.. It was per-insolvent part, fectly immaterial to me whather Ahlum's books appeared in the Insolvent Court or not. I consider. I acted wrongly as Colonial Secretary in keeping Ahlam in gnol for the 22 days --it was only to prevent anything like an imputation being cast upon me abwat his release. Witness shown the Friend of Chinmoff23d August. profeasing to give a repar of the examinatián beflrs. Mr Davis, the Chief Magistrere and'aleo Mr Kärrane'i fist latter to Mr Eabetohere, † said [** the report:ia-fille»-»a«dlavortion of the truth-from-beginnin
to end!
To this has to be added that to the question of the learned' Ptosecutor as to who could be meant by the term "injured innocent "-the deponent could not reply:. To further questions the deponent answered that twenty two days intervened beween the periadi when the Governor firstordered Ahlum'e release and the actual discharge: And in all this time no civil process was put in
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↑
►
Why did not the Register give the gentlemanly depos-i tions according to his-tetes ? What can we anticipate in the shape of injury to our case by their publication 1 As-he has not done some will here do it for him,---
Magistrals, * You had no money for defending Ahlum you may, so you could fear nothing if he went through the
Dr Bridges. No, did not say that said I had no money from "Aklum
• Tam-choey and Asow brought me si 000.
account.
· •
Mr Tarrant So, Sir. you first swore you had none of Ahlum's money, andthen, when examined by the Magistrate, could new comment that you had had $1,000 from others for Before swearing this, you, of course, satisfied yourself that that was not Alum's money or money to he mpaid by Ahlam. Andinowy Bir, let me remind you that pos have spoken only of the Grininal case. It is on record that you have had 81,000 for that Well-What about that civil action of mine Did you get nought for that 1
Dr. Bridges. None of Ahlum's money..
Mr Tarrant None of Ahlum's-whose them: Love
and affection case ehit
Dr. Bridges—'r Stace paid me my fees.
M Tarrani-Oh! -Your Worship will be good enough to take a note of that rely-First, Dr. Bridges led the Court to believe he had nothing--then that he had $1,000,--and now ses out he has had more To Dr. Bridges. And now, Phi tha mangunt, if you please.
Dr. Bridges I hare-not got my fees book, with me. was, let me see, seventy five-one hundred-Two hundred and twenty Ave-say Two hundred and twenty or fifty
dollars.
Mr
Tarrani—Inthatall??—Take tiine, don' be in adhurry you are on your oat mind No contract for more if Ahlum. should get rich in his own country?
Dr. Bridges (with, rapt smile) Contract!--No!
Mr Tarrant And this, from Mr Stace, you swear was not Ahlum's money. Thank you, that will do. Had we two independent justices on the Bench at this moment, as I re- quested at the commencement of the case, it would stop here Ais
The law requiring an affidavit of the unfoundedness o the charge, the ionourable Dr Bridges swore in the Police Court that he had never received a farthing ofi Ahlum's i -money--he had never received a farthing from Ahlom pand that therefore, he could have had no region to dread sor expoad should Ahlam go through the Insolvent Court,
Tuis was - wort at the Police Courty- and I beg you, Bir, to mark what-f›llows.. On.being:questi and by the Magie- trate, Dr. Bridgen admitted that though he hid had no money from Akinm himself; ho› hud‹told his friends he would not defend him on the murder sharge unless he had a thousand do'lare in hand; and that then that sum was brought to him by the Chinese Tâm Achoey and Asow I' On cross ex-l mination by me, the bononrable gentleman admitted he had had more ranney ;;-ha-hadibsen paid Tw.. hundred and fifty įdollar by Mr Staon, Ahlum's solicitur;--ue was Dot Bura whether he had not had more for defending the civil'astion ¦in which }tobmined the award of 81.010, I must:leave you
Sir, to decide whether sush style of giving evidenosin enn- sistent with the p sition at present held by the Honourable Dr Bridges in the service of Har Majesty,-- Letter to Air Secretaru Lakout here.
Def. I will read it to you-
In all cases where a person charged with any indictable- offence shall be committed to prison to take his trinh for them same; it shall be law fül, many time after wards, for the jõuticas or justices of the peace who shave signed the warrant for his commitment, at kis or their discrøttóng, tá» adnály sucki Locusďt person to bail in manner aforesaid.
And in all cases where such accused person in custody shall be admitted to bail by a justice of the peace other than the commilting justice or justices as aforesaid, such justice of the peace so adin tting him to bail shall forthwith › transmita. the recognizance or recognizances of bait to the committing justice or justices, or one of them, to be by his or thema transmitted, with the examinations to the proper officer.
Certificate of Consent above mentioned. I hereby certify that I consent to the within--named A. B? being bailed by recognizance, himselfrin- and two
J. S.
sureties in
in
eact.
-each
particle of exertion, so that Auram & creditor ahould have justice done to them?-Did you notr keep the circumstance a profound secret?"
Dr. Bridges -It was no business of mine to go out of my way and help you to your money. I' would not have helped you to a farthing of your award-No, nor Pustau & Co. either--neither of you deserved any thing—not a cash !
Defendant addressing the Jury-Gentlemen of the Jury you hear tharadinission. As Ahlum's Bir rister he advised that in-Phistan-& Co.'s case ju lg-- many should go by default-and judgment did-go- by default!
And yet, conscientiously, this man. did not believe Pustan & Co. deserved a farthing ↑ This is from a Barrister of this. Court-from a leader of the Executive I
Whe- ther, or otherwise, I was entitled to the sum decreed' by this Court, may, I allow, be a matter of opinion; but bear in mind, pray, that that award was made by a special Jury; sworn like yourselves. to do justice between man and man, and does it' comport with this man's position to express him. self thus ?
To Dr. Bridges - That will do
The only other witness on the part of the Crown was Mr Andrew Lysaght Inglis, Governor- of the Gaol, who produced a warrant issued by the Executive Council, dated in January last, sign. ed by Governor Sir John Bowring, sealed with the Colonial Seal, and addressedito Robert McKenzie, Keeper of the Victoria Gaol; directing him to hold: the body of Ahlum until ordered to release &c. On oross examination by the Defendant, the D ponent replied that" Before he came to the Cal ony he had not had experience of other gaols - Had not given any bond to Government on taking charge of this Gaol- hlum was released on the authority of a letter from the Colonial Secretary bearing reference to the Governor's warrant under which he found him detained. That letter, was res ceived about 3 RM, of the 30th of July, and Alum was released a little after three the day following. | The Bond under which Ahlun was released was drawn by himself,-Tam achoey and Cheang-amou were the securities in $600 each. The form was his own He did not charge any fee for drawing the bond. There was no witness to the signatures- only his own-He took the bond in his capacity of Governor-Had' no special instructions when taking charge of the Gaol-Yes--he had been - i. rected no to exercise Judicial powers as a Justice of the Peace in any Gaol matters. When he re-. ceived the letter ordering him to communicate with the Sheriff, he went across to him, as he was sitting in the Police Court, adjudicating an Assistant Magistrate. He gave My May the let
The life, on a separate-Paper. Whereas A. B. was on the ------- contmitted by me to the [house of correction]a =; charged with [đc,j, naming? || the offence shortly]:
"Thereby certify that I consent to the said A. B. being bailed by recognizance himself in and (two) suretiess Dased the ------- › day of - 185.---- Here you see the practice is for the Justice: who commits to inspect the recognizance-and no other Justice can inspect without his consent? When Ahlum was released, did the Commit ting Justice inspect the recognizance Did any Justice of the Peace, as a Justice, take such re-ter to read, and that gentleman replied that he had: cognizance 7-Dr. Bridges -There was no neces-- sity. Ahlum was in custody under a warrann from the Governor
a writ and would put it in force the next mornings. No detainer was put in, and Ahlum was released....... Cox was the name of the Turnkey to whom he gave the order for release. On the 8th of July he receiv-- ed orders to give Attornies free acess to Ablum to
Def-Mr May, the Sheriff, in his evidence at the Court below; said Ahlum was in custody on a wareh rant issued by him as a Justice of the Peace Denable him, the prisoner, to take the-benefit of the Bridges-Mr May made a mistake.
Def.-Mr May swore to it-Dr. Bridges - He- made a mistake, he was in error; we are all liable:
to make mistakes:
Def-Well, we shall find that out on his ex-- amination – Mr May was not likely to swear what? was untrue-At the trial of Ahluma the Oriminate charge, Mr Day was retained before you were→ you heard that Ahlum had $1225 in his chest, and you went to the gaol and asked him to give you an order for it-Dr. Bridges -I never asked him
Def-And yet you got the order, and made an at- tempt to get the money too-You have sworn that
Insolvent act
After telling. Mr May ahium was.
to be released he did not think it necessary to speak again to him about it; and as there was no detainer, he was discharged: about 3 r.. x. of the 21st of July.
At the close of the case for the Orown, the Court took a recess, and after it the defen tant proceeded to address the jury, commencing by romarking that notwithstanding the opinion expressed by the Acting Attorney General in his very eloquent opening, that this, perhaps, was the most important case that bad ever been brought before u Jury (af- feting hearts and homes, and absent loved ones, and that which was so dear to the domestic hearth
you told Tam-Achoey and some Chinese you woulds-family reputation &c.") he, the defendant, could
only defend Ahlum on receipt of 1000 down. Did you tell them this before you went to Ahlum in gaol or after -Dr. Bridges-I don't remember.
Def.-Did you get the $1000 from the Chinese -Dr. Bridges-Edid not get it-My Bord (addres sing the Court) we do not see Dollar in this coun-- try-the money was paid to my Comprador-her told me he had it.
Def. And you don't know when the Compra dor had-it-You have stated that the Governor ordered Ahlum's release on the 8th of July, and he was not released until the 316-twenty two days afterwards. You were desir us, you tell us, that Ahtum creditore should have their just dues. In all those days,seeing the Crown Solicitor, of course, pretty often did you ever once mention the fact of Ahlum's release being ordered ?-Did you as a leading member of the Executive, exercise a
not, think otherwise than that a more paltry case, dignified by the name of a libel action, had never been brought into an English Court. It' had been brought on the Criminal side, too; as though there was something very, very dreadfulin it. He, the defendant, feared, indeed, that something more than appreciation of the power of that mighty er gine, the press, on which the learned prosecutor had dwelt so affectingly, had had to do in inducing the present prosecution. In short-there was no disguising it This was an official attempt to gag the Press-and the defendant felt sure that not by that Jury's hands would the gag be applied When he, the defendant, enme to the Court that day, he was under the impression that Dr.Bridges, having discovered his error in the part he took about the release of Ahlum, would candidly admit it-and there would be mutual concession. At the
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