CO129-068 - Sir Bowring - 1858 [5-12] — Page 488

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

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485

regard to this branch of the case, that I have no doubt His Excellency the Governor may have spoken disparagingly of my law, because my opinion had run counter to his own on more than one point, but I am convinced he could have said nothing more. §

tensive money lender amongst that people; that the house where he lived, had his office, and conducted the business of the Acting Attorney General, was full of opium, and other kinds of merchandise, not belonging to himself, but deposited with him by their Chinese owners in pawn; that he obtained, The other point which I stated I would bring to the and through his position I understood, much higher interessi notice of the Commission, is this: The Commission will re-than they could honestly pay-the maximum was so ridicu member that when I was examined on the 29th, a questionously incredible, except on the supposition of the goods was put to me, as to whether it was the practice to consult being stolen goods, that I forbear to mention it; and he sud the Attorney General on cases of pardon. I requested the that it was a scandal to the neighbourhood to see how the Crown Solicitor yesterday to obtain the Attorney General's pawned goods came in and went out-through the lower opinion as to a certain case, and the Crown Solicitor forwarded apartments of the house as I understood. He further said, that me a letter with this minute on it-The Acting Colonial the very moment of Dr Bridges's departure from the colony Secretary having in my presence and hearing yesterday, at a[viz., 15th January, 1856, a fortnight before my arrival] was meeting of the Caldwell Inquiry Commission, stated in the signal for all manner of complaints, inapeaching Dr evidence that it is not His Excellency's practice or intention Bridges's conduct in office and otherwise and privately to refer applications for grace and pardon in criminal cases made to the Governor, of which the latter had never before --and this is one-to the present Attorney General, I cannot had any notice. Finally, His Excellency said, that he presume to comply with the Crown Solicitor's request on the deeply regretted he had been weak enough to give some other page, unless I am officially empowered or required by strong certificate in the shape of a letter of credentials, which His Excellency so to do." I wish to state, I do not believe Dr Bridges had taken away with him, but he said, that he I said a word about intention, and therefore I state, that had been very careful to confine it to his ability as a lawyer; the Attorney General has distorted an answer on a totally súd that he had explained in the proper quarter, that by different subject to a question put by himself, merely for the lawyer he did not mean an international lawyer. These were purpose of putting me in a false position.

only some of the many things which I was very much pained to hear from him; but I remember well, that so grave were ATTORNEY GENERAL,-Recalled at his own request his professions of distrust, that he went on to say, “he canz to answer Dr Bridges's statement.

Ho you no harm, for he shall never again hold office in this I shall not imitate the example of Dr Bridges. I shall colony;" he repeated that on several occasions afterwards. I not imitate the example of Dr Bridges, I say, in pretendemember Mr Mercer telling me soon afterwards, that the Go- ing to doubt that some such communication as he reporte vernor had made him very angry one morning, by opening the may have been made to him by the Governor. On the question of DrBridges to him, and to the effect that he, the Go- contrary, I have no doubt of the fact. Dr Bridges knows per-vernor, was in the habit of hearing most awful disclosures about fectly well, that in 1856, he believed such a communication Dr Bridges's misconduer, and that he did not know what to as I have reported had been made to me by the Governor, and think. I remember Mr Mercer telling me, that he took up the I can refresh Dr Bridges's memory. I believe Mr Mercer Governor roundly, and said "Yes, I know that Dr Bridge) made some such communication. I know he intended to enemies are trying to destroy him, now that his back is a do so. This would be by letter in about the spring of 1856, turned, but every one of them will live to see his mistake." Dr Bridges being them in England at least I know it was or words to that effect. I think that occasion led to my mer- Mr Mercer's intention at that time to do so. I remember tioning to Mr Mercer, in some way general or particular. the after some hesitation, informing Mr Mercer of what the nature of the charges which I had heard against Ur Bridges, Governor had told me this I did, because I knew from and he assured me that they were false, adding those words himself that he was Dr Bridges's private friend. In the which make me remember it, "We were at Oxford togetdien, face of the menace which Dr Bridges in the Governor's but I am not blinded by my friendship for him. I know. name has held out of some official inquiry to begin when his faults. He is no beauty, but he has not done those this Commission has ended its own, I will state generally things." On the other hand, I found a very strong impression- what the malpractices were, which were upon by the in other quarters that the Governor's statements were not ill- Governor to Dr Bridges, and which, or of which, I re-stated to Mr Mercer at the time. The Gornor said, he was never able to obtain an unbiassed. hion from

:

Dr Bridges, by reason of his being mixed

quantity of local business; that there

illicit connection between hisz and the

that he used it to the great

1klad of exaction of kn

founded, and twice during that spring I had to repel the advances of Chinamen offering me bribes, if I would assist the friends in prison. I brought one of them before the Chief Justice, and one of them before Mr May at the Police Station, in both cases at the moment of the offer. The Chief Justice had the man in the first case examined, and he stated he thought it english custom-whereupon, the Chief

de prées him to punish the man,

Raked me

but to

(67)

Atented with a proclamation, which he directed some these papers. But I will refer to the date of only one, dy, I think Mr Caldwell, to make to the Chiet apsimply to show that, as early as the 5th February, the date of aring that no promulgation of our laws and customs against a communication on the subject from Mr Rienaeker, I was ribery had as yet been made to the Chinese. I consented, and hard at them; and I must crave leave to ask the Commission he man was accordingly let off with a suitable reprimand from to call upon His Excellency to furnish them with a corres- e Judge. The bribe offered was "$100 or so "the man pondence, partly private and partly official, referred to by Mr oke English. In the other case, the bribe was offered D'Almada to me under date 23d August 1856, No. €20. rough my Comprador, the man not speaking English, but [Reads letter.] It states, "that the Governor differs from he charge broke down before Mr May, upon the interpre- Mr Anstey in his reading of a case which he had cited to ition of his words; my Comprador being unable to say support his opinion; and proposed sending a case home to ositively whether it was "cumshaw," or what he called "ex- the law officers of the Crown," This was done, and by enses of getting witnesses," which the Chinaman had offered return a despatch was received from the Secretary or

defray.

State for the Colonies, which said the "law officers"

>

[Mr May here corroborated the fact of such a man being concurred with my reading. The despatch administered rought up, and of the case breaking down.]

a severe reprimand to the Governor, blaming him for a I had otherwise fully intended to make an example of want of generosity and justice. I produce another letter at second man. It will be unfair to draw any inference from Sir John Bowring in reply to my application to om these facts, and much more unfair to repeat what I release Mr Grand-Pré from his obligation of secrecy, ard on the subject then from other persons; and I am bound and that he would suffer him to state certain facts, and say, that, having pursued my enquiries into the mal-if necessary appear as a witness in the case of Mitchell e. actices of my own department, I was quite unable to Myself, which had caused me great pain and annoyance. cover more than the existence of a very unpleasant impres- [The letter read. Among other things it stated, that the case amongst the Chinese as to those malpractices, and that was Mr Anstey's own concern, and the Governor refused here was a good dead of vague imputation amongst certain to acquiesce in the request made.] If the Commission embers of the European community. A specific case had all my letters in reply before them, of which I have mentioned to me by one of the latter, a merchant, on not kept copies, they would see that I neither wished for, day when I brought the Chinaman tendering the bribe nor desired to institute the enquiries referred to, but that more the Sophie Court, but as he would not tell me that they were thrust upon me by the Governor.

Attorney General he meant my immediate predecessor Mr I have therefore, I think, finished my answer to the first erling, or either of the Acting Attornies General who had at of the two charges. My answer to the second is necessarily rious times been appointed in his place, I of course very short. I have too often protested both by letter and clined to pay the slightest attention to his statement. by word of mouth, as to the mode of recording evidence a consequence, I did certainly as Dr Bridges has stated, taken before this Commission, to allow anybody to suppose termine not to refuse his acquaintance if offered to me that I am concluded by the printed minutes as to the his return, but neither was I forward to seek it--my accuracy of the report. The Commission will hear my axim in such cases being neque prope, neque procul; and statement, and say if it be correct. Dr Bridges did not say met him by cident in the Colonial Secretary's room, very seldom, if ever." The question was asked, “Aro ere Mr Mercer introduced us. It is also true, I believe, they ever?" and the answer was "Certainly not to the at the Qurger called upon Dr Bridges on his return, present Attorney General." The Clerk was not asked until in summer quite inconsistent with his belief in some time afterwards, what had he taken down, and then it was but I will say, in Dr Bridges's presence, found by Dr Bridges that he had taken it down incorrectly; disgust and indignation which Dr his note referred to the Attorney General, without specifying sed at a reception so little consistent the present, and then Dr Bridges corrected him, and said of which he said the Governor had with emphasis "the present Attorney General." In either Eshall not repeat the language case however his evidence is contrary to the fact, for if Fact prudism, having stated in the practice of references to the Chief Justice is to be know that Mr Mercer was even inferred, as Dr Bridges would infer it, from three or four and so was I. I did not gather from Dr cases of pardon or mitigation, I can name at least four such diation of my account of my applications to myself. There was the case of the Sookun- with the Governor, that either he poo murderers, where that absurd second trial took place day that I was requested by His before an incompetent Executive Council, at His Excellency's the reformation of Police abuses at wish, but against the will of every Member of the Council. Argend in that view, not wishing here was a case not three months ago of a reference to me, by a matter affecting nobody butand, by the way, not communicated to the Chief Justice, personally, I do not hand in where the question was, whether the summary punishment

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