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rom time to time in one and two or more. I recollect In a conversation with Mr May a few days after I had the aving a conversation at my office with Mr May regarding depositions, I mentioned to him that I considered the first he desire of the political prisoners to mix up Ma-chowcase was the safer and surer of the two; he differed from me, Wong in the case, so that he might derive some advantage and drew my attention to some points of direct evidence in rom it. As far as I remember, I stated that I did not con- the second case, which changed my opinion. It is the prac- der Ma-chow Wong's assistance of much value at the time, tice for the judge to arrange the order in which the charges but that evidently he was endeavouring to place himself on
come up; the Judge seeing in the first case an information the same footing as the political prisoners, so that he might covering both confederacy and conspiracy, and also seeing Berive advantage equally with them from the reward which
on the back of the information the names of many persons as hey expected for their service to Government.
witnesses, whose names were also on the back of the informa- tion in the second case, thought this information for confederacy and conspiracy covered both cases, and under that impression jhe put it first on the calendar. I had entered a nolle prosequi on the prisoner having been sentenced to 15 years' transportation.
matter.
question whether Mr Caldwell's reputed character was good or bad 20 years ago, when I first heard of him. I did not now him at the time; I was living at Macao, and he at Canton.
JOHN RICKETT,-Called and examined. I wish to state that I dislike being examined on this It is about 40 years since I first came to China. I nnot say positively when I first heard of, or saw Mr Cald- in my Journal any of the information given me by Ashing;rell; 1 heard of him 20 years ago. I decline answering the it had no reference to Gaol affairs, but was simply temporary measures of the Government for the public safety of the colony. I recollect Beaver, who was charged with piracy. Beaver was several times up in my office. I rather think there was an investigation in Beaver's case, and that I was not present.
I think I was present when Roberts was once examined in Beaver's case. I recollect an investigation taking place, not with respect to Mr Lapraik's watch, but with respect to the Acting Colonial Secretary's own watch, which was stolen. Ma-chow Wong has requested me to send for Mr Caldwell, and I have done so. I recollect first when Ma-chow Wong was committed to gaol, he requested to see Mr Caldwell, and, I think, I did sent or wrote to Mr Caldwell mentioning the fact. It was before his trial, I think, and, I think, was for the purpose of seeing him con- cerning his defence, which is a privilege granted to all pri-
neral, it may have been as to how the connection was reported be. I did not observe that Ma-chow Wong exhibited any to have existed at the time of my first statement, and not as confusion upon this. I differed in opinion from Captain a reiteration of my belief in my statement at that time. 1 Rickett, and based it on that of the Colonial Surgeon. I don't recollect the Attorney General inquiring whether Awoon recollect about the flogging, but believe that Ashing and could be found to be produced as a witness, and my saying Cock-eye have been in prison frequently for larcenies, and that she could be found in Taipingshan. I do not recollect it is likely enough they were flogged-such persons are whether this was before or after the meeting of Justices. likely to know the notorious characters employed by Chinese I am decidedly of opinion, that I must have mentioned it to Government officers, and sent by Chinese Government the Attorney General as the original story. The Attorney officers to this Colony-they are the most likely to know General may have asked me whether Awoon or the present of any class of men.
Ashing is at present in Gaol upon a Mrs Caldwell was intended. I don't recollect how the conver-charge of conspiracy, in connection with his services in Go- sation commenced, and I may have answered to those ques-vernment. Ashing gave information against a merchant in tions. My restatement might have led the Attorney Gene- the Lower Bazaar, and some person residing in a new street ral to the impression, that I was under the same belief as in the Queen's Road, which led to the Police forcibly enter- when I originally made the statement. I certainly did noting their respective houses at midnight. I have not entered intend to convey such impression to the mind of the Attorney General, for after the statement of Mr Caldwell, I could not weigh his oath in open Court, as light as popular rumour. As far as my recollection goes I adhere to all the state- ments made in my letter except on this point. Upon hearing it now read over, I adhere to it throughout, with the exception of what I have mentioned. I do not recollect the Attorney General stating to me with reference to a case, that he would not find a bill upon the unsupported evidence of con- viets prepared by Mr Caldwell. I have a recollection of the Attorney General having stated something to that effect referring to a case. I recollect Mr Caldwell coming to the Gaol to examine convicts. I have sent notes to him on more occasions than one, at the instance of the Acting Colonial Secretary. I cannot say how many times he may have come on sucl: business. He had several interviews by the Acting Colonial Secretary's authority, and the other oc- casions when he came for the purpose of examining prisoners committed for trial. I forget whether he applied to soners, may have amounted to half-a-dozen times, or per- me for the permission, but Mr Caldwell has seen him ou haps more. I have a very bad recollection as to dates- some occasions since his trial. I wrote once to Mr Grand- and without referring to my books, I could not say that he Pre a request from Eli Boggs wishing to see hits, but I did has not been there in the early part of the year--he has not not give any permission. I rather think that I have the been lately. I can't say that I said I was much embarrassed order of admission filed, under the hand of the Acting Co- by Mr Caldwell's caprice-arrest and liberation of persons lonial Secretary. Mr Grand-Pre did see him. under the deportation ordinance, but I recollect perfectly since that Boggs wished to see Mr Grand-Pre, to give an well of complaining of the number of prisoners sent in on Mr account to him of a visit that had been paid him, Buggs, by Caldwell's warrant. I said words to that effect, although Mr Lyons, then Inspector of Nuisances, relative to evidence these are probably stronger than I would use. I recollect which he, Lyons, was collecting on the subject matter of the perfectly well animadverting on the practice of sending in inquiry before the Commission-inquiring into the com prisoners, and detaining them for lengthened periods of time tion between Ma-chow Wong and Mr Caldwell. I recollect antried, by Mr Caldwey In consequence of that minute all the circumstances of the case alluded to, in which a laye they were nearly all discharged almost immediately after number of men were sent into Gaol on Mr Caldwell's warran", there may have been one or two remaining. I think we but I think I mentioned at the time I had a written order from have received other prisoners on Mr Caldwell's warrant, but Government, authorising me to discharge any of the prisoners there have been no more minutes nor liberations. Ma-chow in that particular case upon the written order of Mr('aldwel!. Wong has not been long off work and in hospital on pre-It was a special case-therefore the Hon'ble the Attorney tence of a bad eye. He is a hospital servant, and not off General must have misunderstood me, in as far that the work-though I believe he is almost blind. I recollect the circumstance of Captain Rickett having expressed an opinion that the eye was not so blind as Wong Akee pretended it to
I have heard
order was special and not general-applying to one case These were one batch of men brought in under Ordinance 2 of 1857, and were discharged by Mr Caldwell's written enders
From what I have since heard, I think it was fortunate that course was adopted, because I have heard there was a defence to the particular points which linked the circum- stantial evidence in the second case with the prisoner. I was not ordered by the Governor or Government to enter that nolle prosequi; I think the judge from the bench said "Well, Mr Acting Attorney General, as you have got a verdict in this case I suppose you won't proceed with the other; to which I replied "No, my Lord, I enter a nolle prosequi." The Jury were in the room for about 20 minutes, and while they were in, there was a conversation between the Judge on the bench and Mr Day and myself at the bar, as to whether I should proceed immediately with the second
11
HENRY KINGSMILL,-Called and examined.
prosecuted Ma-chow Wong on behalf of the Crown in The first case. I drew two informations for the case of con- derating with the pirates connected with the Macao lorcha No 29, I think. There was a particular class of evidence at I wished to get in, and for that reason I drew an in- rmation for confederating with pirates, with a count for conspiracy. Fearful lest that information might be case, in case the jury returned a verdict of acquittal, or objected to on the ground of combining two charges, I whether the court should rise and adjourn for a couple of drew another simply for confederating, for the same case or days. (I think it was close on the mail time, and incon- rcumstances; but in the host of depositions taken before venient to the jurors.) I said I was ready to proceed with The Magistrates, there was a second and totally distinct case the case immediately, but there were a good many witnesses, ncluded; for that case I drew the third information for and I did not expect to have it concluded in less than two confederating The facts supporting the two cases were days. Mr Day said that he was ready to go on at once too, pired up and down throughout the whole of the depositions, that he was better prepared in that case than in the other; jad I had a great deal of difficulty in selecting, and I might in the midst of this the jury came in with the verdict of y allotting, the evidence between the two cases. I may guilty; the Court then rose. I went over to the Club, and ako mention, that in the case of the Maçao lorcha No 29, there in the hall of the Club I met the Acting Colonial here were from 15 to 20 pirates, I think, placed in the dock | Secretary. "Well," says he, "I should say you're glad of that verdict; it saves you some trouble." I said I was never better pleased in my life, as I was utterly worn out.
Whilst I had the conduct of this case, there was no pres- sure made upon me either as Grand Juror or Acting Attor-
tions came into my hands with the Acting Colonial Secretary.
the Magistrate's Court at the same time with Ma-chow Weng, and the evidence of great numbers of the witnesses pplied in one portion to these pirates, and in the other ortion to Ma-chow Wong. The pirate case was well known
ma, for, at the preceding Sessions, I prosecuted four men Iney General in favour of Ma-chow Wong. I felt perfectly ak to conviction for the case of the lorcha, and at this free in the matter. I had a conversation before the deposi rticular Sessions having, as I have said, some 15 or 20 Other men charged with the same offence-the facts of this He said that this was likely to prove a complicated case, that were very prominently in my mind; the evidence in it he thought I would act wisely to sift it carefully, and Maschow Wong was purely circumstantial, and I thoroughly make up my mind before I would bring a and I had pretty well mastered the details and bearing lengthened case of this kind before the Court, ou insufficient #vidence ; at first. I did not pay so much attention evidence. He expressed no opinion of the evidence at all, case against him, as to this particular one; nor as to the innocence or guilt of the accused, but he said the second case was also mainly circum- he thought there was a good deal of personal feeling in the matter. I understood that he meant between Mr May and Mr
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