CO129-072 - Indviduals - 1858 — Page 115

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Copy of Depositions taken at the Chief Magistrate's Office.

1st Witness,-W. Caine, Sworn.

CHARGE CONSPIRACY.

Tuesday, 27th July, 1847.

Defendant,-William Tarrant, Clerk in the Employ of Government.

I am Colonial Secretary, on the Morning of the 6th July, Contractor Afoon sent two or three messages to me, stating that he wished to see me. I had declined receiving him on the previous day, as well as that morning, but as I was told he had something to communicate to me about Mr. Tarrant, I deemed it important and said he might come: he came up stairs and told me, that he was very sorry for what had happened, alluding to the investigation then about to sit, that the investigation which was about to take place was not his doing, but that Mr. Tarrant made him bring it forward: he spoke in the broken language, but this was the substance of what he said" that he wished me to take care of him, meaning I suppose to protect him; I told him to go to the Attorney General, he chin-chin'd and went away Next Morning about nine o'clock the Government Office Comprador, named Aoan, came to me, in a considerable state of alarm, and told me that Mr. Tarrant had visited his house the preceding evening, after he, Aoan, had left the Court of investigation; I think he said it was after Eight o'clock; he spoke to me in broken English and Chinese, and led me to suppose that Mr. Tarrant asked him why he did not give such evidence before the Court. meaning the investigation, as would injure Major Caine, and that if he did not do so, he Aoan would come into trouble" the words he made use of as well as I can remember were "what for you no have talkee so have spoil-um Major Caine before Mr. Campbell, you no do so, you catchee trouble" I asked him if he had any witness to this; he said he had: on the afternoon of the 9th July, he again came to me, and seemed more alarmed than before, and said that that morning when at Mr. Tarrant's Office at the Government Offices, Mr. Tarrant again questioned him, and asked him why he did not give evidence to injure Major Caine" that if he did not do so, he Aoan would have trouble, he further told him to come to Mr. Cleverly now: these circumstances coupled with what has taken place at the investigation, where Mr Tarrant endeavoured to prompt Mr. Cleverly have induced me to bring the matter forward.

2nd Witness,-Chow-Aoan, Sworn.

I am a Government Comprador, on the 6th July instant, I was examined by Mr. Campbell, and between seven and eight o'clock P.M., I returned to my house: Mr. Tarrant came to my house, and asked me why I had not spoken according to his words, that if I had done so I could have injured Major Caine. Mr. Tarrant's words were "what for you no have talkee so fashion very easy spoil-um Major Caine" this was with reference to the Central Market. and referred to a conversation that had taken place between five and six months ago. Mr. Tarrant's conversation of six months ago was to this effect; he told me that people said that Major Caine received money unlawfully; that he would draw up a paper (statement) if I would witness it; not having any knowledge of the fact I declined to do so; Mr. Tarrant did not tell me what words to make use of in Court as a witness: when Mr Tarrant came to my house on the 6th July, during the conversation on that occasion another person was present, Aheen by name; on the morning of the 7th a letter was brought to the Office for Mr. Tarrant, I took it from the Messenger to Mr. Tarrant; Mr. Tarrant said to me "what for you no talkee so fashion? suppose you talkee so fashion, very easy spoil-um Major Caine " I replied "not true, I can't talkee" I then went out. On the morning of the 6th July, I was at Major Caine's house: I went at the request of Afoon, Afoon was with me; this was in consequence of a conversation I had on the previous evening with Attie and Afoon, when I asked Afoon why he had accused me, Major Caine and others, he said "it does not concern me at all, it concerns Mr. Tarrant; it is not my business at all, it is his business; if you do not believe me Acan, go with me to Major Caine, and you will hear what I have to say" I went with him the next morning about six o'clock to Major Caine's, asked the Servant to inform Major Caine that Afoon wished to see him: Major Caine refused to see him: I (Joan) again requested the Servant to go up and say, Aoan and Afoon had something to say to him; Major Caine then desired, we should come up; we went up; Afoon made his bow to Major Caine and said, "you befriended my Father, my Brother and myself; now my Father and my Brother are dead; this is not my business, this is Mr Tarrant's business; he wished it; Major Caine sent him away and told him to go to the Attorney General; we were hardly there three minutes, and then went away" Mr. Tarrant came to my house at Tai-ping-shan and came up stairs to me where the conversation, given in the first part of this deposition, took place. Mr. Tarrant made use of no other words than those I have already mentioned.

3rd Witness,-Lei-Aheen, Sworn.

I am Shroff at the Government Offices; between seven and eight o'clock on the 6th July instant, in the evening, I was at Aoan's house in the Tai-ping-shan up stairs, Mr. Tarrant came in at that time and spoke to Aoan, but what he said I do not know, as I do not understand English: he did not remain long there, Mr. Tarrant did not appear excited; after he went away, immediately after, I asked Aoan what Mr. Tarrant came about, Aoan then replied that Mr. Tarrant had come to ask him why he had not spoken according to his (Mr. Tarrant's) words,

4th Witness,—Wei-Afoon, Sworn.

29th July: Examination continued.

I am Lessee of the Central Market; I did go to Major Caine's house; do not recollect the exact day, but it was on one of those days on which I was examined by Mr. Campbell, between the 2nd and 11th July instant. It was early in the morning between six and seven o'clock, Chow-Aoan the Office Comprador went with me; I met Artie and Chow Aoan in the street, and they asked me "why do you accuse us?" this was the day before I went to Major Caine's, about four o'clock in the afternoon, and I answered, I am not accusing you; Acan then said "you are also accusing Major Caine"; I denied it, and said I was willing to go to Major Caine with him (Aoan); I voluntarily offered to go with him to Major Caine, and we went next morning as I have stated before, on our arrival at Major Caine's house Chow Aoan first went up to Major Caine he returned and I accompanied him up; I spoke in English to Major Caine:-- Major Caine asked me "what you come to see me for? I said some persons have told me that I am bringing charges against you" and I said "I do not do that business" Major Caine replied "I know nothing about the matter, I understand (I'am acquainted with) your Father, your Brother and you, I know nothing about this business, you had better go away" I went away I did not see Major Caine after that; Mr. Tarrant is intimate with me; he was also intimate with my Father and Brother, since their death I have been in charge of the Market;-The conversation I had with Mr. Tarrant was with reference to a sum of One Hundred and Fifty Dollars per month which Major Caine's Comprador or a Comprador of the name of Lo-een-teen, said I should pay monthly, this sum I paid on three occasions. I had a dispute with the Comprador about it, and said that it was impossible I could afford to pay this money, but the Comprador said that my Brother had paid it before; I was at the Government Offices and mentioned this as a hardship to Mr. Tarrant Mr. Tarrant said this payment is not proper, if you choose to pay it, you may pay it, and told me to go to Mr. Cleverly; Mr. Tarrant never did instruct me as to what I was to say to the Attorney General; never had any conversation with Mr. Tarrant on the subject, either before or during the investigation.

Questioned by the Court.--Did you or did you not, mention the name of Mr. Tarrant in your conversation with Major Caine?

Answer. I did not!

5th Witness-Fong-Attai, Sworn.

I am a Contractor employed by Ships of War, I have had conversations with several different persons, relative to the investigation which was held before Mr. Campbell, Acan, Lo-eeen-teen and Afoon.

Questioned by the Court. Do you remember Afoon going to Major Caine's house on the 6th July instant, and what did he say on that occasion?

Answer --I went to Major Caine's house with Aoan and Afoon on the 6th July in the morning I remained below whilst Afoon and Aoan went up stairs, on the previous evening I was at the gate of the Market with Anan, and we asked Afoon "what is this proceeding about the Market?" Afoon replied "this does not come from my heart at all, Mr. Tarrant told me to do it, “that he would be obliged if I would go to Major Caine and tell him that he wished to see him and tell him so."

Questioned by the Court--Do you know that Major Caine refused to see Afoon on the evening of the 5th and the morning of the 6th July?

Answer-On the evening of the 5th I was sent to ask if Major Caine would have an interview with Afoon; he refused the interview.

Mr. Tarrant in reply to the Court said he had nothing to say. Mr. Tarrant is committed to take his trial at the next Sessions.

Victoria, 30th July, 1847.

SIR,

In reply to my application that I might be allowed perusal of the evidence taken on the 6th and 7th instants, touching certain circumstances communicated by me to the Surveyor General, His Excellency the Governor has directed that I should be referred to you about the same, and I have the honor to request that you will allow me to read the questions and evidence, together with the report, at your Office.

The Honorable Mr. C. M. CAMPBELL,

Acting Attorney General.

SIR,

I have, &c.

Victoria, 5th August. 1847.

I have the honor to acknowledge the receipt of your letter, No. 9, informing me that His Excellency the Governor has this day, with the advice of the Executive Council, resolved, on the grounds of what transpired with reference to myself in the Magistrate's Court, on the 27th and 29th ultimo, to suspend me from my Office under the Land Department, pending the pleasure of Her Majesty's Government, but acquainting me that I am allowed to state in writing any matter which I may have to urge in my own exculpation.

I therefore beg to request that you will do me the honor to draw the attention of His Excellency the Governor in Council to the fact, that, with reference to the proceedings at the Magistrate's Court, the only support to the charge made against me by the Honorable Major Caine rests upon the (orally unattested) evidence of a single Man. Chinese, and that man, the very individual, whom before His Excellency the Governor and the Honorable the Members of the Executive Council, I charged on Tuesday the 13th ultimo, with having dared to use the name of the Honorable the Colonial Secretary to enable him to extort money from Tam-Achoey the Contractor, who applied for a license for Market, and who has got witnesses, beside myself, to prove, that Aoan the individual in question did attempt this extortion on him.