475
( 46 )
that it was confiscated. This was at the Supreme Court after the trial. He afterwards told me not to seize it, and F understood him to say that he had referred the matter through the Acting Colonial Secretary to the Govern ment, and, I am not quite so certain, whether the Govern ment would not give him an order, or that they had given him an order to give it up.
I should think Ma-chow Wong must have been worth $15,000 or $16,000. I haves been told by Mr Caldwell that he was worth a very large amount, more than that; but that is my estimate. I do not know whether he was sole or part owner of the Kwong Yik Loong shop; I never referred to the Land Office books The Supreme Court papers were sent up to the Government Offices. Mr Masson told me so.
Those at the station were
hended Beaver. I do not recollect upon whose information application to the Acting Attorney General, as to what i he was seized. I do not know whether Ma-chow Wong gave should do with the property. He at first told me to seize it, it, the Governor of the Gaol can probably say. I think Roberts acted under Dr Bridges' orders; the matter was in the hands of Mr Caldwell and Dr Bridges, and I did not interfere. I received a letter from the Government direct- ing that the orders given by Mr Caldwell to the Police in matters appertaining to the Chinese were to be obeyed as literally as if I gave the orders myself. I did not quite understand the letter, because it did not appear to me to accord with the powers vested in Mr Caldwell, as regarded the Police by the Registration Ordinance. I have the highest legal authority in this colony for stating, that if the powers given to Mr Caldwell by the letter exceeded those given by the Ordinance, the exercise of such power is illegal, and that in fact no Government officer has a right to direct the Police, but myself. It is not necessary for Mr Caldwell not produced at the Supreme Court; the principal entries to have a warrant to go into any Chinese house to search in those papers referred to the 2d case, which is still untried and make inquiry, Mr Caldwell had as much power as I-inasmuch as the books exhibited an acquaintance between to arrest Chinese without warrant. I cannot recollect the prisoners and the pirates anterior to the date of the whether I personally delivered the bulk of the gold-dust to particular piracy, [Lyons's evidence real.] I know that Mr Caldwell, nor whether I was present. I delivered it to Beaver was in the employment of Mr Caldwell from seeing Mr Caldwell, either myself or through Mr Grand-Pré Beaver's receipts. I know that Boggs was with pirates, and don't recollect having any conversation with Mr Caldwell I believe, that those pirates had communication, and were concerning a man, who Mr Caldwell said had been confederated with Ma-chow Wong. I have no direct know wrongfully deported; such a conversation may have taken ledge of Boggs being in the employ of Mr Caldwell, or con- place;
nected with the Eaglet. I have heard that the paper men tioned by Lyons is in existence.
fA note of what Mr May has heard regarding the paper mentioned by Lyons handed into the Chairman.]
Beeramined,—The letter I wrote in July to the Acting Colonial Secretary refers to some of the contents of the me-
oranda. I was not present at the time of the examinatio of the books and papers of Ma-chow Wong by Mr. Stace and I assisted the Attorney General in his cross-examination Mr Caldwell, and do not know whether any others besides of Boggs, when he appeared as a witness in defence of pirater those already mentioned were present. In my letter of 20thin. 1856, with suggestions. I know that Boggs was in direct July, I complained of Mr Grand-Prẻ not arresting Ma chow Wong; the same morning, my letter being then, believe, in the Colonial Secretary's hands, I referred to the mplaint, as shewing the necessity for my taking a direct interest in the case. In reference to Mr Grand-Pré partici- larly, the Colonial Secretary asked me, "what do you want done with him ?" I said, "I don't want anything done to him--I should like him to be told that he has done wrong; but as far as my opinion is concerned, I don't think it right to hold him responsible for anything he does or says Police matters." I have not the slightest doubt that Mr Grand-Pré's statement to me was, that Mr Caldwell had applied to him, either by person or by letter, for the delive of the papers and property of Ma-chow Wong. There was a sinall amount of property returned, and some money which had been seized. I know that Ma-chow Wong was the owner of the Kwong Yik Loong shop-that there was large quantity of goods in it. I believe he was a part in a pawn-shop; he was also part owner of a lorcha, and some other Chinese boats. I thought that it would have been a portion of my duty as Acting Sheriff to ascertain the extent of his wealth, and seize it for the crown. I mad
*
conmunication with Dr Bridges when Acting Attorney Generat, and as, in fact was, I considered, an agent for the discovery of certain pirates; he was in direct communication with the Police, and received money from the Government, I believe by the hands of Mr Grand-Pré. I used to seu hin very frequently in communication with Mr Grand-Prej and he appeared to be on terms of familiar intercourse with him. I saw a note from Boggs to Mr Grand-Pré commencing" My dear Grand-Pré;" it was an open piece of paper put into my hands. I spoke to Boggs once or twice with a view to getting information from him, but finding that I got nothing but moonshine, desisted; he spoke about Wong Akee, but said nothing upon which I should have considered myself warranted in acting. I have heard that so late as the Queen's birth-day, Mr Caldwell defended Ma-chow Wong, and expressed his belief that he was an innocent injured man.
I believe it was at the Governor's table to Mr Kingsmill. I cannot say anything respecting the pardon of convicts, or commutation of their sentence upon Me Caldwell's application. I believe that Achong (the P. & C Comprador) compromised the felony of stealing the gua The man charged with the felony concerning the wate
(47.)
I find also that the
was cleared partly by Mr Lapraik's testimony. I believe saying that I discharged the prisoners, I ought to have said Tony Aku was prosecuted because of the interest he took, that I dismissed the charge, and liberated them on bail-not and the zealous assistance he rendered me in obtaining heavy bail. I am certain I ordered the boats to be restored, evidence, and allaying the fears of witnesses in the prosecu-although the note is silent as to that. tion of Ma-chow Wong. I could not clearly understand path on which Mr Caldwell made the application was not his as what the expression "ancient cash" in the notes meant, bwn oath, but that of his subordinate, Mr Grand-Pre, whom but it was always referred to by those examining the books as he brought for that purpose, and examined from the bench, a hyperbolical term-it was thought to be a kind of slang as appears from the Record, his object being to shew that expression. Those who pointed it out to me said, that both Mr Grand-Pre and Mr Caldwell had satisfied themselves it was a very suspicious character, and could not mean as to the respectability of the prisoners. There is another good. The Interpreter said he had a difficulty in ren- point on which the Cominission would perhaps wish my during the meaning of it. The Commission might ask evidence. I know that the order for the embarkation of a Assow about the matter. There was no entry in my two number of the prisoners by the Phebe Dunbar was given en memoranda to the effect, that certain moneys had been on masse and at the last moment. The inspection of the pri- were to be paid out of the proceeds of plunder to, or for, or soners took place in the Gaol yard in my presence, as a mere on account of, Me. Caldwell. The business of the chartering spectator, Mr Caldwell, Mr May, and Mr Cluff, directing and despatch of the Phoebe Dunbar was a very hurried and it. I mention this because they sailed within a day or two precipitate business. I had only two or three day's notice afterwards, and had Mr Caldwell even then told me that the of her sailing. Mr Cluff was present when the prisoners merchant was among them, I would have set the order of were examined by me at the Gaol, I cannot recollect whe Council at defiance, and held the man to bail on the spot. ther Mr Caldwell or the Attorney General was, At a subse With regard to the delegation of Government authority to quent period of the same year I was sent with upwards of Mr Caldwell, one of the honourable Commissioners will 70 alleged rebels to Kowloong, with orders to surrender them remember that when we were making our minutes in the to the Imperialists. I must have received those orders from visiting book of the Gaol, the Governor of the Gaol com- the Acting Colonial Secretary, and they must have been in plained feelingly of his utter helplessness with regard to Mr writing. I don't know whether the direction was a letter or Caldwell's prisoners. He stated they were brought in upon a warrant. I have no doubt I have it. I obeyed the orders. Mr Caldwell's warrant that some would be detained, and The 70 men were towed over in boats by the H. C. steamer others released, upon Mr Caldwell's authority, without any Auckland I do not recollect on whose advice the men were reason being given for one or the other. I remember point- surrendered. I heard by common rumour afterwards that ing out to Mr Inglis, the Governor of the Gaol, the illegality the men were put to death by the Mandarins. Some of them of the whole proceedings, and advised him to resist-ou had long hair, and clothes shewing that they were rebels. which he said that he had been desired-I think by His The list of persons to be deported was sent in the very day Excellency himself to consider Mr Caldwell as representing the prisoners were to be shipped in the Pharbe Dunbar. IH. M.'s Government in all circumstances of that kind. I am have been privileged within the last two days by a Member sure it was Mr Inglis, the Governor of the Gaol, and not the of Council, to say that the Hon. the Secretary of State for the Chief Warden--the visiting book will show. I told him the Colonies, Mr Labouchere, had written a despatch to the Go-Governor had no power to authorize any illegal action. As vernor, stating that it was his opinion that the Superintendent I have said, all the then remaining prisoners were discharged of Police should hold his office intact, and without any inter- within the week after we made the minute. ference from the head of any other department, and that it would seem that the public service would be carried out better if there was no division of opinion between the heads of de- partments. I believe Mr Caldwell arrested and liberated Chinese under the Ordinance, but I do not know whether he assumed to do so by delegation from Government. There are instances, but I cannot recollect them. When Mr Cald- well was out of the service, he used to come up to the Police Court, and interested himself in cases-sometimes for the prosecution, and sometimes for the defence. He some- times also gave information to the Police, when he was in command of the Eaglet.
THE ATTORNEY GENERAL,-Recalled.
j
wish to state that, on refreshing my memory by the note of the case of the 25 pirates at the time, instead of
ANGUS FLETCHER,—Recalled.
I believe I have heard that Mr Caldwell was employed by Mr Innes to smuggle opium in the Canton river-which was the custom of several merchants at that time.
Adjourned till Monday, the 28th inst., at Noon.
FIFTEENTH DAY,
Monday, 28th June, at 12 o'clock Noon.
Present, All the Members, except Mr Scarth.
THE ATTORNEY GENERAL,-Cross-examined Referring to my statement in page 6: it was certainly within four months after my arrival in this colony, that Mr Dixson spoke to me concerning Ma-chow Wong.
It was
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