CO129-072 - Indviduals - 1858 — Page 119

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were bondsmen to the Government for performance of the lease covenants, agreed to carry on the business of the Market together, and each, as it is expressed, equally partake of the sweet and of the bitter"); A elerk of the Market who was one of the attesting witnesses to both these partnership deeds positively alleges, (and with others who make the same statement having now no interest in saying so if untrue,) that Lo-keen-teen (Major Caine's Comprador) did not bring one farthing into the partnership thus formed, but that he forced himself upon Wei-Acqui, who from that time, and until the period when the state of his health rendered it impossible for him to remain longer in Hongkong (crushed by the tyranny practised on him in the name of Major Caine) was a inere tool in the hands of the said Lo-keen-teen, who with the others kept all the books and accounts, and were thus able successfully to envelope all subsequent extortions in a mystery which Wei- Afoon's conduct after his Brother's death tended rather to increase: But the amount of the foul robbery practised on Wei-Acqui by the parties thus connected with him was enormous, for it is susceptible of proof and is apparent to all who take the trouble of investigating, that from the high rates of rent ruling in Victoria during the first and second years of the Market's establishment, the whole cost of erection was capable of being made up in about eleven months out of the surplus profits, after paying the Government rents, wages of servants, and reasonable ordinary contingencies, and although the great rates of interest which Wei-Acqui had to pay for the money borrowed and due at the time of his death, accounts for the absorption of a portion of these profits, there is not sufficient set forth to show why his Widow and Family should be discovered in a state of such destitution, as to be not far removed from abject beggary.

Immediately on the death of Wei-Acqui in December 1846, without taking any notice of the last mentioned agreement, of the existence of which it is now evident he was perfectly aware, Wei-Afoon again brought forward the first agreement, and declared himself and Chun-tae-sing interested in the Market Leasehold to the extent of ten shares, and on behalf of Wei-Aqui deceased, as his eldest Brother undertook charge of the remaining three shares, and of the whole of the Market business.

Had Lo-keen-teen (Major Caine's Comprador) ever advanced money on Market account, or have been in an equitable and just manner entitled to be treated as a partner, there does not appear any reason why he should not then have come forward and openly contested Wei-Afoon's claims, or that he should not since have come forward, in any manner, to prefer that share as a partner which the late Governor and Council were given to understand he possessed, and which it appeared to thea gave him perfect justification for taking the monies which to some extent was admitted had come into his hands; The natural presump- tion arising from his never up to the present time having come forward, either personally or by agent, is, that conscious of his acts not being able to stand a strict investigation, he was afraid to litigate with Wei- Afoon, who with the cunning which invariably attaches to the weak nan when oppressed, had watched for the opportunity which his Brother's death afforded him, to bring forward, however unwarrantably, that claim and benefit which Lo-keen-teen's villainy had originally compelled him to relinquish.

Fong-Ache, alias Atiai. before-mentioned as one of the bondsmen and parties to the deed of October 1845, also without reference to that agreement, about a month after Wei-Acqui's death, brought forward a deed purporting that in consideration of $ 2000 due and owing, Wei-Acqui had wholly assigned to him the Market Leasehold. The suspicious circumstances attendant on registry of a memorial of this deed have already been detailed in my last letter to your Lordship, it being then that Wei-Afoon openly stated to me that Major Caine's Comprador had been in the habit of taking monies from the Market in his Master's name; From enquiries since made there does not appear to be the shadow of a doubt but that this deed of assignment was an absolute forgery; it was drawn out in blank in the office of Mr. Parker, Solicitor of this place, and taken to Canton by some of Fong-Ache's agents, where before Mr. Thomas T. Meadows, Interpreter to the British Consulate, the signature of a Man personating Wei-Acqui was feloniously attached, and the document was brought back to Hongkong, without even the date of execution being inserted, or the necessary notarial attestation of the subscribing witness appended; The date of 30th November 1846 Mr. Parker admits was inserted at his office after being brought back. Two days later than this date, to wit on the 2d day of December 1846, Wei-Acqui died at Honam on the opposite side of the river from the Canton Consulate, and where for six weeks previously he had resided without stirring out of doors, in such a state of weakness and imbecility, as by the testimony of several respectable Chinese who were constantly about his person, it was impossible he could have comprehended the nature of such a document, if any one had endeavoured to explain it to him.

I am the more particular in drawing your Lordship's attention to the forgery thus effected. because you will be better able to judge of the motives influencing the delinquent Fong-Ache alias Attai. when inciting Wei-Afoon to go with him and Chowh-Aoan, to the house of the Honourable Major Caine (as stated by him at the Magistrates Court when I was committed) the effect of that visit having been to throw discredit on Wei Afoon's previous assertions and suspicion upon me.

My Solicitor Mr. Coley has informed me that at the time of this forged deed being brought forward. Wei-Afoon petitioned Mr. Shelley (late Auditor General and Clerk of Councils) to advise him what course to pursue in order to defeat Fong-Ache's wicked designs, and that Mr. Shelley thereupon engaged

Mr. Coley on the part of Wei-Afoon to watch Fong-Ache's proceedings, who afterwards finding himself barred from the anticipated easy possession, was glad to compound his claim on the estate and effect a re-assign-

*ment.

against me.

The following advice was counselled on a statement of the case submitted to the gentle- man, who in the capacity of H. M's Acting Attorney General, afterwards received this man's depositions "There are very good grounds to doubt that the last assignment (of 30th November 1846 to Fong-Ache alias Attai) was executed by the deceased, the consideration is insufficient, and the signature differs from his signature on other documents now in being, but I cannot advise the said Afoon or Chnn-tae- sing to commence any proceedings either at law or in equity; All they have to do is to take out administra- tion and carry on the business, pay the mortgage to Wing-kee and get him to release the estate to them as representatives of Wei-Aqui, treating Attai's assignment as if it never existed, leaving him to institute proceed- ings if he thinks fit; It is always better to defend in cases of this nature than to prosecute, "

19th January, 1847.

Signed.

CHARLES MOLLOY CAMPBELL, Allorney General.

So many, and so various have been the mal-practices exercised in relation to this Market (ascribable doubtless to the impunity with which the name of a member of the Executive Government bas been mixed up with some of them, and which the prosecution brought against me for simply noticing has in no way tended to remove the impression of, from the minds of the Chinese residents that a detail of ail that has come to my knowledge would extend to a much greater length than your Lordship could spare time for perusa!, and believing that sufficient has been already related to effect my object of proving that a neccs- sity existed for me to take the course which I have effectually pursued, I will not intrude on your Lordship's patience further, than to inform you of the progress of the charges brought against me subsequent to my letter of August, wherein it was stated that I stood indicted and held to bail on the anomalous charge of conspiring with myself to injure the character and reputation of the Honourable Major Caine.

At the sessions of October following, Wei-Afeen who had previously been examined as

a witness on the part of the prosecntion, was named as the joint Conspirator, and the trial was moved by the ' Attorney General for postponement, because the Honourable Major Caine's Comprador was not in the Colony, but as he had not been examined at the Magistrate's Court when I was committed, although then within the Magistracy jurisdiction, and as it was not shown to the Court that any attempts had been made to procure his presence, the trial would have proceeded but that His Honor the Chief Justice deemed it advisable not to throw any obstacle in the way of clearing up the mysterions cause of my arraignment, by forcing the case to a trial, which would but have been a cause for its immediate (and for my character unsatisfactory) abandon-

ment.

At the ensuing sessions of December the Criminal Crown Prosecutor Mr. N. d'E. Parker stated in the Court that he had no charge against me, and the case was thereupon proclaimed discharged. The late Governor was under the impression that my case was necessarily relinquished (as stated in the Colonia! Secretary's Letter of 3d January laster copy enclosed: because it was impossible for the Acting Chief Justice to preside as Judge at a trial in which he had previously in his copacity of Her Majesty's Acting Attorney General expressed a legal opinion upon, and taken the evidence, but as verbally explained by me to Sir John Davis this impression was erroneous, because Mr. Campbell at the same Sessions presided as Judge on various other trials in which he had previously acted as Prosecutor on the part of the Crown, and at the Nisi Pries Sitrings immediately preceding, had adjudged on two distinct cases in which nearly up to the time of going to trial he had been retained for the defence, and from cue suitor had received a large retaining fee.

At these sessions however the Honourable Major Caine's Comprador was still absent from the Colony, and now with a knowledge of his actual delinquency it appears unreasonable to expect that his presence would ever be obtained, unless an application were made to the Chinese Government en- forcing his return.

The only evidence remaining against me therefore was that of the man Chowh Aoun, and I beg leave to inform your Lordship that had my trial come on at the first session, I should have been prepared with the evidence of Mr. Parker (afterwards Criminal Crown Procecutor,) to the effect, that as he was in the room at Mr. Campbell's during the whole of the examination on the 6th of July, he was aware that when Chowh Aoan gave his evidence I was not at the place of examination, and that up to the time of my interview with Chowh-Aoun in the evening (whilst the examination was still going on) E had had no opportunity of learning what was the nature of his deposition, or even if he had been examined an all, consequently therefore. I could not have said to him "Aoan! what for you no have talkee so fashion efte Mr. Campbell, so can spoil-em Major Caine?" words to which the Honourable Major Caine regatea i

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