477
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but I did not know that he had that paper then in his hand. And I am sure that the Chief Justice will regret the mis- take as much as myself. I saw Boggs with the papers lying before him on the ledge in front of the dock. He did not hand in any papers to the Court.
Before sending in my letter of 13th May last, I read the passage about Ma-chow Wong's account books to Mr May, and asked him if it was a correct representation of the substance of the information obtained by him from the books and papers. He said "Yes;" or I should have corrected it before sending it in. I believe Mr May will tell the Com- mission even now, that that is so, although it is also true that he has stated that his two memoranda did not contain an express statement that the funds out of which the money was paid was the produce of plunder. Some thing must be left to presumption; and where a man carries on the business of a pirate, and pays hush-money to a Government officer, the presumption is a very violent one, that he pays it out of the proceeds of plunder.
I can supply the dates referring to Ma-chow Wong's appear- ance at the Police Court, which Mr May was not quite able to supply. I agree that the occasion in question was on Monday, the 20th of June; then there was a remand for I think a week. On Wednesday, the 22d, I embarked on board the Lancefield for Cricutta, and on the following morning sailed on the voyage. The Honourable the Colonial Treasurer, who came to take leave of me that morning, will tell the Commission, I have no doubt, that I spoke with great warmth to him about the disclosures of the previous Monday, with reference to Mr Caldwell's money transactions with the pirates, and the fre- quent entries of his name in the pirate's books.
CHARLES MAY,-Recalled.
never suggested to me, that I should in any way inter in the settlement of Mr Caldwell's private affairs; but consequence of a conversation which I had with the vernor on the subject, the idea suggested itself to me.
Mr Caldwell left the service of Government in July 185 and had, I think, just returned to Government employ November or December 1856, when I arrived from ho From July 1855 until I went home, I was Acting Attorne General, and Mr Caldwell did not, during that time, to m knowledge, interfere with the Police. He was in comman of the Eaglet, and was out of the colony the greater part that time.
I was Acting Colonial Secretary at the time of M chow Wong's conviction. I am aware that Mr King
mill entered a nolle prosequi on the untried charge, and an certain that the Governor had nothing to say about it. know that the Governor asked the Chief Justice, if Ma-che Wong could not be tried on the second charge, notwith standing the nolle prosequé if he consented to waive it certainly do not remember that the Governor said the Legislative Council, that he had ordered the not prosequi to be entered, and do not believe that he eve said so. My impression is, that the Chief Justice sug gested a nolle prosequi. I remember the meeting, Executive Council, when Mr Dixson and Mr May wen examined. Mr Mongan was called in on that occasion. think that Mr May was not in the room when Mr Mongan gave his evidence. Mr Dixson had given his evidence. Mr Mongan was sent for, and was leaving the room, as Mr May Mr Dixson stated, that he got his information from Mr May, who had got it from the books, The Governor then said, that that could not be, as Mr Mongan had extir the books, and found nothing of the kind in them Mongan was then sent for, and gave his explanation of what he found in the books, and on his leaving the room Mr May was sent for to corrobate the statements made by Mr Dixson, on which he came in, and produced the two memoranda fo the first time. He had not been in the room before.
came in.
Some months subsequent to the conviction of the Stanley traitor, several petitioners presented themselves at the Police Court, while I was Acting Assistant Magistrate, and made representations differing one from the other, on the subject of a man who had been the principal witness in the treason case: some of them representing that the man had I have no remembrance of Mr May giving me the papers, been carried off, and others that his family had been carried nor of having them in my possession. Mr May may have off. I ascertained from the petitioners, that they knew no- given me the memoranda, but if so, I did not retain posses thing other than from hearsay, and directed them to bring sion of them, and they must have been handed over to the me something in the shape of positive information. This Clerk of Councils. Mr Wade never made any report to me principal witness was a man well known by character as Acting Colonial Secretary, of the contents of the books to me, inasmuch as the Police had been a long time in and papers, and after the Executive Council had determined search of him, on a charge of burglary and rape; and sub-not to pardon Ma-chow Wong, did not intend to make any sequent to the trial for treason, I directed inquiry to be made The production of the memoranda before the Council had with a view to binding over the witnesses in this case of by no means any effect on the minds of the Council, as to the burglary and rape; but, in consequence of the lapse of refusal of a pardon to Ma-chow Wong. About four months time since the offence, failed in doing so.
previous to this, the Governor of Macao had sent over one or two paper books, in which appeared the names „of cer- WILLIAM THOMAS BRIDGES.-Called and examined." tain men, who had been acting either with the pirates or I desire to correct the evidence I am reported to have with the Imperialists, in opposition to us.
Among them given on a former occasion. His Excellency the Governor was a man named Beaver.
Mr Caldwell had received
town,
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I
I did afterwards see Mr Caldwell in the Governor's house in the Gaol, and Roberts having been the former owner of the lorcha in which the gold dust robbery had been committed, I put some questions to him concerning the identity of the man. Mr Caldwell never origi- Onnated the matter, and was as completely a subordinate as
Mr Jarman or any of the Police.
I was not in office at the time of the deportation of sus- picious characters by the Phoebe Dunbar, but am prepared, from the examination of official documents, to speak as to the matter.
instructions from the Government to arrest Beaver, if of being a receiver of stolen goods. I laid the letter before ever he was found on shore. After the meeting of Exe- the Governor, and received his instructions to take such steps cutive Council last referred to, Mr Caldwell caine to as I might deem necessary. I had some conversation with office, stated that he believed Beaver to be in the Mr Inglis on the subject, and then sent for Mr Caldwell.
and asked whether the previous instructions as wrote a letter to Mr May, desiring him to have Mr Jarman se his arrest stood? Having got my orders from the and some men ready the following morning at daybreak, to Governor, 1 directed him to arrest Beaver at once. Hego over to the other side. Mr May did not send any men, afterwards informned me, that he had arrested Beaver, and but sent Mr Jarman. Accompanied by Mr Caldwell, Mr Jar- taken him to the Police Station, and from somebody or man, and some police, a house was visited on the other side; another connected with the case-either Mr May or Mr we then returned to this side, and I left Mr Jarman and A watch was, I believe, Caldwell, I don't know whom I received certain Chinese | Mr Caldwell at a house on this side.
These I sent to Mr Wade for translation, and at found, and the case was afterwards investigated at the papers. the next meeting of Executive Council, Mr Wade produced Magistracy. such translation. From it, it appeared that a squabble having broken out in the Piratical fleet, between a leader Mo-mee-ma, and some others of the gang, they had appealed to Ma-chow Wong for his decision, which decision had been given, and some of them were unwilling to submit to it. this translation being read, I stated to the rest of the Coun- cil, that I for one had made up my mind, notwithstanding I considered the verdict an unfair one, not to interfere with it, and therefore I should move the Council that the sentence against Ma-chow Wong be in no way interfered with. rest of the Council concurred, and that was the whole of it. Mr Wade's translation of the documents gave the name of Ma-chow Wong. On the 15th February, I recollect it as being the day the French Captain was buried, I was with Mr Wade three or four hours. We had some talk about the Ma- chow Wong case, and I distinctly understood from him that he had made no investigation of the books, and had no inten- tion of doing so. I may add, that to refresh my memory on the subject, I have spoken to the Governor, who says that he also had some conversation with Mr Wade, and that he understood he had no intention of making examination of the books, as he considered the matter settled. I am sure the Attorney General has made a mistake with refer- ence to what the Governor stated concerning the decision about Ma-chow Wong. I think he has been led into the milake, by not being aware of the papers found on Beaver. I remember the Governor speaking on the subject, and his words had no reference whatsoever to Ma-chow Wong's papers, Mr May's memoranda, or to Mr Wade's certificate, the latter never having existed; but solely to the documents found on Beaver, and which determined the decision of the Council.
The
Mr Anstey's statement regarding Mr Wade's con- versation with him on the subject of the papers, does not induce me to hesitate in the evidence I have given. It is impossible that he could have said anything of the kind. The translation of Beaver's papers were sent in either in October or November.
Mr Mercer, on the 25th January, I think, wrote a letter to the Superintendent of Police, requesting him to prepare a list of persons to be deported, giving certain directions as to the classes of people to be included. During that month the Executive Council appears to have met every day, and on the two or three next days after this letter was written, I observe it stated on the Minutes that the Superintendent of Police had not furnished a list. On a subsequent day it is stated, that a list prepared by the Superintendent of Police was laid before the Council, examined, and approved of, and directions were given to the Superintendent of Police to carry out the deportation, with reference to the persons included in that list.
The only allusion which I can find to Mr Caldwell in the matter, is, that it appears the Superintendent of Police had seized some rebel chiefs, and Mr Wade writes to Mr Mercer, stating that Mr Caldwell had been to him, urging how very injudicious a step it would be in those troubled times, to quarrel with the rebel party, by deporting their chiefs. Mr Wade coincides with Mr Caldwell, and recommends that these men should not be deported, and, according to a subsequent letter, they were not deported.
When I came into office, I found it to be the rule that officers were to arrest persons of a suspicious character, and that is all that I know with reference to the power to ar rest. With reference to the power to release, there had been on one occasion certain bad characters arrested, who,
Regarding Mr May's evidence in page 43. Mr Inglis, the Government decided, were to give bail in $20 each, and the Governor of the Gaol, forwarded a letter from then to be discharged. Mr Caldwell was to report on the
a man called Pang Poi-yeen, making certain charges sufficiency of the bail, and, to obviate a reference in each gainst a Chinaman, as having been implicated iu the gold-particular case, the Governor of the Gaol was told, that when dast robbery, of which he had been himself convicted, and Mr Caldwell reported the bail to be sufficient, this particular
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