CO129-068 - Sir Bowring - 1858 [5-12] — Page 489

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

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contempt, in the destruction of public records of which 1. was the custos, and which contained the damning evidence of my own complicity, or that of my subordinates, with thieves, resetters, murderers, and pirates.

NORMAN RAMSAY MASSON, Acting Registrar to the Supreme Court,--Called and examined.

and subsequent release of a perjured witness in the Supreme dissuade nervous, doubting, unwilling witnesses from appear. Court could be sustained in law or not, and whether the man ing before a court like this,—a court of honor, if the reputa- was or was not entitled to his discharge; there was another tion of the person accused be concerned,—a court of great case, where one of this Honourable Commission had been political import, if the good of the community, the credit of visited with heavy penalties under the Chinese Passengers' the Government, and the responsibility to opinion and to law, Act,—that also was referred to me to determine whether the of every servant of the State from His Excellency down to penalties ought to be-not remitted, but reduced; and the Mr Grand-Pré, be matter of public concern.

Nobody ha fourth case is that now referred to by Dr Bridges, of a charged me with encouraging the accused by precept or by reference to me yesterday irregularly made through the example to raise technical, quibbling, pettifogging objections Crown Solicitor, and not through the Acting Colonial to the reception of evidence before such a Court, and so to Secretary, of the propriety of mitigating the penalties base his hopes of immunity not upon the moral conviction of incurred by an offender against the Post-Office acts, after his innocence, but upon the difficulty of wresting from the judgment signed on cognovit. I consider after the unnis- grasp of an unwilling Government the legal proofs of hig takeable intimation of yesterday, that I am under the heavy guilt. And finally, nobody has accused me, much less con displeasure of the local Government, and unfit either alto-victed me, of seeking my own escape from public odium and gether or in general, to advise in cases of pardon or mitigation. My deep respect for His Excellency ought to compel me to abstain from obtruding an unwelcome advice in such matters, and to wait till I am sent for. I refrain the more carefully, because I have always, as Dr Bridges knows, objected to the transaction of official business by him with myself in an irregular manner, and that it has at least once happened, that by officialising my reply to his written com- munication not amongst the Government records, which I did by way of protest against what I conceive a dangerous irregularity, I have made it necessary for the Government to apply to me for a copy of the unrecorded document, in order to have it entered upon record. Such a case is that of a letter of the 16th March, 1857, not recorded till the 18th of the same month, when I returned it to Government Offices to be copied for that purpose.

In another case I sent a copy myself. I content myself with appealing to the whole tenor of my public and private life, in this and another hemisphere, so far as it is known to the few in this island whom I respect, or whose good opinion I seek to maintain, as to whether it is possible for me, without changing my moral and intellectual nature, to be guilty of those aberrations from truth, distortions of facts with malignant purpose, and deliberate calumnies against personal character, which, although made in my hearing to-day, I shall not honour by repudiating.

No man has ever charged me with that want of proper appreciation of, or nice respect for, the reputation of my office, or of the humble individual who fills it, which deficiencies have been justly declared to amount to a deficiency in integrity itself. I need not add, that by no court of honour have I been tried, aud, my personal evidence being tendered, weighed, and found wanting, declared guilty of such conduct. No man has ever charged me with having reserved for a more convenient season my defence against imputations, whensoever, whereso- I was sitting next to Mr Kingsmill at the Governor's ever, and by whomsoever cast, upon my fair fame and credit. table last Queen's Birth day, when Mr Caldwell sat on the, Nobody has charged me with having patronised and pro- other side of Mr Kingsmill. I think I heard two

or three fected against the sharp edge of the law the iniquities of times throughout the conversation Ma-chow Wong's name subordinates, whom it was convenient to count amongst my mentioned. I did not hear all that was said. My int satellites. Nobody has charged me with having, either in pression was that Mr Caldwell was condemning the ver person or by deputy, dissuaded or made the endeavour to diet. I could only hear snatches of the conversation.

I remember the trial of the case in which Ma-chow Won was convicted. There were two informations and three cases There was a vast number of books sent in from the Magis tracy to the Supreme Court, several of which were used as evidence on the trial, and several not. After the trial had concluded, the papers used, as well as not used, remained for a time in my custody. A petition was handed in to the Chief Justice, in which it was intimated that the Governor, and, I think, the Acting Colonial Secretary, had authorized the deli-. vering up of the papers. I spoke to the Chief Justice, and Mr Grand-Pré took the documents out of Court, and gave me this receipt for them :-

["Received books 1, 2, 3, 4, 5, 6, 7, and 8-8 booki February 5, 1858.

A. GRAND-PRE."]

All the books from the Police Station were handed to Mr Grand-Pré with the exception of those I now produce. Mr Grand-Pré must have received them. I do not remember Mr Caldwell being present. Mr Grand-Pré shewed me, on the first occasion, a note from the Acting Colonial Secretary,! advising him to apply for the books. I refused to deliver them on that occasion, until I should have consulted the Chief Justice; with the exception of those sent away on thak occasion, all the books and papers connected with the case. are now produced.

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ALEXANDRE GRAND-PRE, Collector of Police Rates, something to do at the Supreme Court that morning, and called in at Mr Caldwell's office to pay him a visit; as I walk-

Called and examined.

On the 15th July, 1857, I was Acting Superintendent of ed in he said, "You are the very man I want to see;" he said Police. I remember meeting Mr May on that day, and "here's an order from the Acting Colonial Secretary to deliver telling him I had a case against Ma-chow Wong. Upon up the books and articles taken from the Kwong Yik Loong hearing Mr May's statement as to my having a charge against shop to the Police Station.” and arresting Ma-chow Wong, I confirm the same; but I When I was Assistant Superintendent of Police, a man wish to state, that I made during that time inquiries regard- belonging to the shop brought a note to the Police Station ing the case, and found from what I could see at the time, from Mr Caldwell, and I delivered up the articles, having that Ma-chow Wong was not guilty in respect of that case; previously seen the petition. I am not certain whether I and I knew that I could find him at any time I wanted consulted Mr May, nor whether I received instructions from after his calling upon me, because he then stated where Mr May to give them up. There was only one Chinaman I could find him; and he was found the next morning by came, a man whom I had previously arrested in the shop; Mr Jarman, who had a warrant, I believe, issued by the no Europeans, neither Mr Caldwell nor Stace came. I Magistrate for his apprehension.

delivered up all the articles, some bundles, but no books or papers. Subsequently I went to Mr Masson with the petition, and received the books and papers on the 5th February, as mentioned in the receipt.

Regarding what Mr May says about the delivery of the shops, I think I recollect telling Mr May, that I was directed by the Acting Colonial Secretary to deliver up the shops, but I do not recollect the Acting Colonial Secretary being I remember, since this inquiry began, some time in May, present when I did so.

I was so directed by the Acting receiving a letter from Boggs through Mr Inglis, to the Colonial Secretary, There was no subsequent arrangement effect that he wished to see me in Gaol. I took the letter that the family residence of the prisoner should be given up, to the Acting Colonial Secretary, who indorsed an order and the shop kept in possession of the Police. The family on it for my admission into Gaol. I went and saw Boggs; house opposite the shop in the Central Market was given up, an European turnkey was present during the interview. bat the shop itself, and the Kwong Yik Loong shop, remained Boggs asked me if I knew what had become of a tin box the custody of the Police. I remember the occasion of the containing some papers found in his possession when he gold-dust robbery, and that 1,000 taels of gold remained in was apprehended. I said that the whole of the papers con- possession of the Police after the trial. I remember a petition nected with his case were given up to the Supreme Court for the return of the same to the claimants. The gold-dust was at the time of the trial. He went on to say that he had

think

in my custody at the Old Police Station. I had the key of the been asked to come forward to give evidence against Mr chest in which it was kept. I got an order from Mr May Caldwell, but he did not say by whom. He asked my opinion to give it up.

Mr May said to me, "You may give up the whether he should come forward and give this evidence or gold-dust to Mr Caldwell. About seven or eight Chinaman, not. I said, "I have no opinion to give you, consult your who said they were passengers in the boat from which it had own conscience." He again said to me "What do

you been stolen, came to Mr Caldwell's office in the western of it, should I go?" and I repeated the same answer. He room of the Old Central Station. The gold was brought did not mention to me the name of Inspector Roberts or into that room by me, and delivered to Mr Caldwell. When Lyons, nor did he lead me in any way to imagine who the I 30 delivered the gold-dust, there were, besides myself and person was that asked him to give evidence.

Mr Caldwell, two Chinese clerks present in the office. I I was at Boggs's trial, and recollect his reading from a do not know if Mr May was present, and do not think he paper something in his defence, criminatory of other people. was. I think it was that morning I received the order from I recollect the paper from which Eli Boggs read at his trial. May, and delivered the gold-dust about 12 o'clock. I It was stated by Boggs to be written by Mr Caldwell, and hink it very likely that Mr May was upstairs in his room recommended Ma-chow Wong, Mr Caldwell's brother, to the when the gold-dust was delivered. After the gold-dust care of the pirates. I have seen the paper; it was in my was weighed, seven taels were returned to me by Mr Caldwell, custody up to his trial, and was laid by me at the time of because, I think, one of the men was absent. I believe I the trial on the Supreme Court table with the articles found heard Dr May conversing with Mr Caldwell about the gold on him. When he was called on for his defence, he asked dust three or four days before it was given up, but do not me for the paper. This paper was also brought up at the recollect what was said. I subsequently delivered the seven Police Court. He identified the paper as one taken from taels to Mr Caldwell, without any order in addition to my him, but did not read from it. It was I believe read in firstorder to deliver the whole. I am not certain that I did court by the Acting Registrar, and handed to the Jury in not get another order to deliver the seven taels; my impres- the box. I saw it put back into the tin box, which must have

on is that I did not.

I remember going to the Supreme been taken back with the rest of the prisoner's property Court on the 5th February this year, and getting from the to the Gaol. I have not since seen the paper, which must Registrar 8 of the books of the Kwong Yik Loong shop. I had either now be at the Supreme Court or the Gaol. I read

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