CO129-068 - Sir Bowring - 1858 [5-12] — Page 499

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the Police Court, if Mr May had not been there. Pré was certainly not equal to such a case.

Mr Grand

I recollect, although I had quite forgotten it until shortly before this Commission commenced sitting, that Mr May lent me his "memoranda" for two or three days. As I found they had nothing immediately to do with the cases under investi-j gation, which were already cumbered enough, I told Mr May that I thought he had better say nothing about them until some occasion should arise on which they would be clearly useful I recollect also, when the efforts for obtaining a pardon for Ma-chow Wong were going on, that Mr May again asked me if he should mention them to the Government. As by that time I had learnt that Mr May was supposed to be actuated by jealous and hostile feelings towards Mr Caldwell, and as also the Government were in possession of the originals from which the memoranda were taken, I told Mr May that I should certainly not volunteer their production to the Government. I must confess, however, that my recollection of the memoranda is very imperfect indeed, and that they never made the strong impression upon me which they ought to have done.

JOHN SCARTH, Esq., a Member of the Commissi Called at his own request.

I wish to make the following statement, as my nathe ha en mentioned several times in the evidence and before the Commission.

When the disturbances began in Canton at the end 1856, a man came to me and told me that some pirate beat were said to have been taken outside by some of the ships- of war, but that the boats were not pirate but reled bre He stated that he felt sure that Ma-chow Wong was using las influence against the men, and requested me to endeavour to have some inquiry made, as he heard the men were going to be given over to the Mandarins. My informant was one of the Shanghae rebels. I went to the Police Office and saw Mr Grand-Pré and Mr May. The bulk of the statement was heard by Mr Grand-Pré; Mr May came in just as ) concluded. I told him that I had been told that Ma-chow Wong, who was formerly in close connection with the so called rebels who held Shanghae, had turned against the having been bribed by the Mandarins with a blue button I did not notice any particular effect produced by Mr which they would find in the house, and white buntos Caldwell's presence on the bench at the commencement of which they would find in the house of one of hi Ma-chow Wong's case. I did mention to the Acting Colo- vives. I stated that he had given the information i nial Secretary, that I thought Mr. Caldwell had better not sit about these boats being taken, and that he

was now on the bench during the enquiry against Ma-chow Wong, kying to injure the rebels as much as he could. I said: but I did not speak at all strongly; and the Acting Colonial hat the man who informed me could bring evidence to Secretary immediately said, “Oh, I have arranged about that; bow that the men were rebels. Mr Grand Pré told me Ma- only, if anything very strong is said about him in Court, 1] how Wong was Mr Caldwell's informer, and that he would hope you will send for him." Mr Stace brought up Ma-chow] be about it. I told him that he had better tell Mr Cald Wong's bail after his commitment. Lai Sze-kai was not rell. I heard nothing more of the matter until I saw the one on that occasion. I really am afraid to say anything non given up at Kowloong. I was afterwards informed about my recollection of the contents of the memoranda; I pat several sailors had been kidnapped in a systematic recollect that their general nature has been correctly de-anner, by engaging them in Lorchas and then handing them scribed.

ver to the Chinese Authorities for the rewards for heads. went immediately and reported the circumstance to Mr Caldwell, requesting him to make it public, so as to prevent my repetition of such occurrences. I never heard anything hore about it, until Mr Wade's translation of the papus pund at Namtow proved that men had been taken.

I rather think that there is a notice in Chinese characters outside the Magistracy that bribery is not allowed.

I recollect in the debate on the Registration Ordinance, in Council, that the Governor said an order had been given to do something I did not hear what-in reference to not pro- ceeding with the second indictment; and I heard the Attor- ney General say, "Nobody in the world has power to give such an order;" but I cannot say whether the words "Nolle prosequi" were used.

My impression from what was said in Copil on the 10th and 14th of May certainly was, that His Excellency and the Acting Colonial Secretary were convinced that Mr Caldwell had cleared himself from the charges then brought against him, and that there was no need of further inquiry.

Co

My strong impression is, that I did hear the Acting C lonial Secretary say in debate, that he saw no harm in Caldwell's servants being interested in brothels, and, on reminded that it might lead to improper persons licensed to keep brothels, I certainly think I did hear him

say,

[The Chairman intimated that no further evidence being endered in support of the charges, the Commission would proceed at the next meeting to hear Mr Caldwell's defence-]

TWENTY THIRD DAY. Wednesday, 14th July, 1858, at 12 o'clock Nown.

| Present,-All the Members.

Mr Caldwell being called on for his defence, made the flowing statement:-

The only difficulty which presents itself to me in replying

to the accusations brought against me by the Honable

the Attorney General and the Superintendent of Police

ן,

that as any person wishing to become a brothel-keepeises from the great volume of the depositions. It DIY must be an improper person, that would be of no

that a person, inexperienced as I am in dissectri

g evidence, may, in going over the evidence of more than he had said being so much more favorable to the proscen-

witnesses, covering about 100 printed pages, omit some tion than his own personal evidence.

int apparently telling against himself, but capable of easy Charge No. 4 rests entirely upon the recollection by Mr planation. Should such prove to be the case, the Com-Inglis of an isolated fact, which is supposed to have taken mission will I trust direct my attention to any charge not place about 14 years ago. The evidence adduced by me ealt with by me, for it is my desire to flinch from no por- as to the date of the birth of my first child, and the situa on of this extraordinary investigation.

tion of certain localities, will, I am certain, when added to the positive testimony of Mrs Caldwell and myself, con vince the Commission that Mr Inglis has undesignedly

Charge No. 5: It will hardly be necessary for me to detail at length the evidence which must have convinced the Commission, that although nominally I appeared in the Crown Books the owner of certain property in this Colony, yet that such was not in reality the case, and that my ori ginal statement on the subject, so much attacked by Mr Anstey, was the simple truth.

Charge No. 14 has not I believe, been attempted to be proved.

Before proceeding to the evidence, I must notice who and hat the witnesses are who have been called in support of he charges. There is hardly one of any importance who mistaken one person for another.

u be considered independent or unbiassed. But there e Mr Anstey and Mr May, both on their trial equally ith myself; Roberts and Lyons, who have, within the last hree weeks, received great promotion in the Police Force Mr May's recommendation; Assow, the. Interpreter; theen, Mr May's Lokong, and Yoong Ayoong, Mr May's wn servant.

On these seven does the case for the prosecu- Son mainly rest; and wherever an attempt has been made travel beyond them, it has resulted in a contradiction a break-down,

Charge No. 15: Mr May comes forward in support of this Even where, as with Pang-wa-ping, there is no ostensible charge, and states the fact to have been within his own know- Connection between the Police and the witness, Roberts, or ledge; he is to a certain degree supported by Mr Woods, but come one else, would appear to have been distorting his the evidence of the latter is neutralised by his statemeur tatements; and when I find Mr Anstey resting for his facts that all Tai-ping-shan houses were at the time brothels, atirely upon Mr May, Mr May acknowledging to having which certainly was not the case, and Mr Woods assigns iven Roberts and Lyons advice and directions as to the other reason for his belief. Mr May's testimony has been bode in which the case was to be got up, Lyons attempting so unsatisfactory throughout this inquiry, that no reliance can, o put words into Boggs's mouth, and perverting conversa- I trust, be placed upon him when unsupported; and I beg ons held with myself and others, Roberts laying a deliberate most solemnly to deny, that I have ever at any time been rap for the officers of the Eaglet, and Roberts and Lyons so the owner of any brothels in this colony; and if the Com- peedily earning the reward of their energy and activity, I mission require it, I am prepared to prove the untruth of o not, without warrant, charge all these seven with a com- Mr May's statement, in the most satisfactory manner. ined attempt to support the loose statements of Mr Anstey, by getting up evidence to fit them.

Charge No. 16: If Assow the Interpreter could be believed.

But the this charge might be considered as made out.

I will now proceed to go through the Charges, dividing mere attempt to produce such a witness as Assow, and the bem into three classes.

Embracing charges 2, 4, 5 14, 15, 16, 17.

-8, 8, 7, 8, 9, 10, 11, 12, 13. 46–1, 28, 19.

gross untruths he has been convicted of, when produced. will I hope be considered by the Commission an important feature in the whole case. The groundless assertion that Shaplok is Mrs Caldwell's sister by adoption, rests on Assow's The wins adduced in support of class No. 1 are, Mr statement, and is denied by my wife and myself; but when Yoong Ayoong, his servant, Deputy Inspector of Assow attempts to prove that Shaplok, within a certain time, ice Lyons, Mr Inglis, Mr Woods, and Assow the Inter-kept a brothel in a certain street, which he personally visited, he is convicted of falsehood by Eep Awong, Foong Afie, Soong Ahing, and Wong Aping-and Mr Mitchell fixes an additional stigma on him. Mr May has evidently relied puch on this witness, and it would have been worth his while to have ascertained his real character from Mr Mi- chell before he was included among the seven witnesses.

Charge No 17: No attempt has ever been made, I believe, I have fully to prove any receipt of rack-rents by me. explained to the Commission the circumstances under which Mrs Caldwell looks after her sister's property. But the

Large No. 2 affords the most remarkable instance hout this investigation, of the flimsy materials upon bey has based the most serious charge against eats from the evidence of Mr May, Yoong ad Lam Aleen, the two first of whom contradict

Mr May having, through his servaut, made of the tenant of a rice shop as to its owner, bey that I was the owner of the adjoining not a syllable having in reality passed be-

al parties as to such brothel. I must also re-mixing up of brothel-holding with this question of property,

act, that Lum Aleen was attempted to is a malicious charge, for which there was never at an are left the Colony, the statement of what time any pretext.