CO129-074 - Lieut. Governor Caine & Sir Robinson - 1859 [6-12] — Page 251

Mail and consequently would not

have

an

opportunity of defending

myself from his unmanly and -

unjust attack. I however

a

or forward

copy of the libel with my affidavit

in the China Mail of the 12s Instant

Mr. Weit

Publey - for refeuse if needed.

(922.

Maine

The China Mail.

HONGKONG, THURSDAY, 1ST SEPTEMBER, 1859.

We take the following affidavit of Colonel' Caine, in the case of Mr Tarrant, from the Friend of China of yesterday's date :—

IN THE SUPREME COURT OF HONGKONG. Crown Side.

I, William Caine, Brevet Lieutenant Coloriel in the Army, make oath and say,—

1. That I am Lieutenant-Governor of the Colony of Hongkong, and am at present admi- nistering the Government thereof, and that I have successively held the offices here of Chief Magistrate, Colonial Secretary, and Lieutenant Governer.

2. That I have perused the hereunto annex- ed impression of a certain Newspaper entitled the Overland Friend of China, numbered 16, and bearing date the twenty-fourth day of August, 1859, and purporting to be printed and published by Luiz d'Azevedo for William Tarrant, Editor and Proprietor thereof.

3. That in such impression, and in the third and fourth columns of the first page thereof occur the following remarks, viz :—

ir Notwithstanding the non-arrival of Bir Hercules Robinson, it is understood that Lieut.-Colonel Caine, who, since Sir John Bowring left has led the post of Governor here, proceeds to England by the outgoing mail. This is the party referred to by Chisholm Anstey in his speech at Newcastle (extracts from which will be found on our third page) as 'the veteran' from ndia, whom he had heard declare many a time and , found it easy for officere to add £500 per annum their pay by receiving presents from natives, and ho, Mr Anstey went on to say, had shown by his prac- fice in Hongkong that he had not profited badly by the

easons so learned when in India.

This is extraordinary language to use of a public shan, and must necessitate a stringent enquiry. Should bat enquiry be properly gone about, the result cannot, e doubtful. Mr Anstey, it will be seen, bases his harges on what appears in the book before him, and id he papers to be moved for by Mr Edwin James; buf inless Mr Anstey is requested by Government to give is aid to the unravelling of what that book and hose papers unfold, we entertain grave fears for the uccess to truth of what may be done under the auspice

Downing Street.

[Downing Street! Fangh! The very name of Down ng Street, to victimized Colonists, stinks in our nostrils. f there is one germ of revolution and danger to the tate, which of all others should be first eradicated, that term lies in Downing Street. Downing Street, the callous-hearted, blind-eyed, deaf-eared monster--the pulse which of all others throbs untrue to the great heart of England.]

A pension for some purpose or other this comprador being the man on whose receivings those entries were made in the Central Market books of "Paid Caine duty money"-"Paid Caine himself," &c.,-monies to the extent of £500 within one month, all of which was clear extortion.

"Buch, then, are our grounds for saying that there can be little difficulty in substantiating a charge against Colonel Caine of malversation of office. The reporta to which we have referred, may, dolonel Caine would have his frienda belteve, be all reports and nothing else; but though the scandal be but scandal, the extraordi nary course which Colonel Caine has taken to rebut it 18 so mysterious and reprehensible, that, for it alone, he deserves punishment as a malfeasant. This conduct may be likened to that of the Governor of castle who, whilst he stoutly maintains the gate, permits the enemy to enter by another and a prepared way. It was ever his bounden duty to keep the character of this govern ment in the eyes of the Chinese pure and undefiled, and of all things to keep his own hands clean. The hands may be clean, but what has become of the character! What is the character of the Hoogkong Government as represented on the name of Colonel Caine?

"If Colonel Caine is guilty of but a tithe of what is laid at his door, then we say that Mr Caldwell, of whorn our Newcastle friends are making so much noise, is an angel of light when placed in comparison, and, guilty or not guilty, it is all the same, for we say it without the alightest fear of contradiction, that neither Mr Caldwell, Dr Bridges, nor Mab-chow Wong would ever have dared to act as they did bad they not had before their eyes the spectacle of Downing Street's determination to ignore visit with pecuniary loss and contumely, present and all complaint; not simply to ignore complaint, but to prospective, all who dare to intrude complaint on their notice.

"Oh for a more than Herculean power to orush that monster, Downing Street! that rival of the worst days of the Spanish Inquisition, or the German Fehm

4. That by the words Lieutenant-Colonel Caine, Colonel Caine, and Caine, in such article appear- ing, I only, and no other person can be meant.

5. That I never at any time informed Mr Chisholm Anstey that I had found it easy for Officers in India to add £500 per annum to their pay by receiving presents from the natives, nor have I at any time said any thing to the said Mr Chisholm Anstey, or to any one else, from which such assertion could be fabricated. ́ ́6. That I never at any time wanted & dollar a head from each resident in Chinese brothels-- that I never at any time wanted fees for keeping gambling-tables-that I never at any time wanted what was termed hiang gun, duty money, for licen ses to sell in markets-that I never at any time wanted presents for my influence in Council-that I never at any time wanted a full supply of every thing for my table from the market holders, except upon the usual terms of paying for what I had like other people that I never wanted a huge, or any per centage whatsoever on building con- tracts that I never, on the grants of leases, wanted any aum or sums of money, and much less sums of various amounts from one hundred to five hundred pounds sterling-that I neyer

"There can be no difficulty, we should think, of sub stantiating against Colonel Caine a obarge of malversa

tion of office. The proof of this charge lies in the inferrequired my thirds, or any proportion or fee

ences

be drawn from his deportment as exhibited by the papers in question. Colonel Caine's name has been used to obtain money from the Chinese in all sorts of ways. According to Chinese report he wanted a dollar a head from each resident in Chinese brothels; he want- ed foes for keeping gambling-tables; he wanted what was termed hang gun," duty money," for licenses to sell in markets; he wanted presents for his influence in Council; he wanted a full supply of every thing for his table from the market holders; on building contracts, be wanted a huge per centage; on grants of leases, he wanted sums of various amounts, from one hundred to five hundred pounds. Even on offices held by Europeans under the Government be required his thirds, and one

of our Contemporaries went so far as to state that in the case of a Mr Holdforth, who for some time filled the office of Sheriff, if Mr Holdforth were to be believed, he got them! All these things, we say, the Chinese report, and they believe them to be true. Still it is just possible that all those reports are untrue; and certain it is that an enquiry into the brethel dollar extortion failed in aliciting any support to the allegations previously made by Chinese to respectable Europeans Gambling tables again, are kept by Chinese even under the eyes of the Police, but there is no proof of fees going into Colonel Caine's pocket for the privilege. Even in the case re ported on page 2 of this paper, the Chinese insinuated that they believed the money extorted went to Euro- peans, but would mention no names.

whatsoever, on offices held by Europeans under Government, nor ever did receive any such proportion of either salaries or fees of Office of any Colonial servants-that I did not, in any way, allow or connive at my house compradore getting out of the reach of Justice-that I do not pay my old compradore a pension, and that I never (have) been guilty of malversation of office.

7. That the statements in the said Omerland Friend of China Newspaper, to the effect that there can be no difficulty of substantiating against me a charge of malversation of office, insinuating that I corruptly wanted a dollar a head from each resident in Chinese brothels in this Colony-that I corruptly wanted fees for the keeping of gambling tables in this colony-that I corruptly wanted what was termed the "hiang- gun "duty money for licenses, for persons to sell in market in this colony-that I corruptly wanted presents for the improper exercise of my influence as a Member of either the Executive or the Legislative Councils in this Colony-that I corruptly wanted a full supply of everything for my table from the market holders of this Colony (without the usual payment therefor)—

"As regards the bonuses for leases-supplies for table -per centage on building contracts-fees for influence in Council, &,,. rest on surmise, or the assertions of Chinese whom the Government will not believe. Chowh Aoan, formerly the Treasury Comprador, and stili licensed farmer of more than one monopoly under Govthat I corruptly wanted a huge percentage on ernment, is the only one that ever told us he was direct-building contracts-that I corruptly wanted, on

ed by Colonel Caine to demand money from Chinesa for boneft to be accorded, When taxed with this before the Executive Council, be denied it, of course; nor were the assertions of two of his victims, as well as our own, considered to weigh so heavily as his asseveration weighed.

"This is the same man Chowh dean, of whom it was proved in the Caldwell enquiry that he paid $550 to Mr Caldwell's alster-in-law for the amelioration of his

the grant of leases, sums of various amounts from one hundred to five hundred pounds sterling, and charging that on offices held by European servants in this Colony, I corruptly required or received a third of their salaries, and that when I had a good opportunity to confront my house

partner's punishment-$50 going to the woman-$500-comprador, the alleged recipient of much ́extort-

to some one else, the sentence being reduced from fifed money with the parties who charged him; I teen years" transparation to two years' imprisonment.] All this where, is only report, and Colonel Calue must be one of two things, either the oleverest rascal that ever lived-a felon for whom transportation would be too light a punishment, or he is a much maligned man, and deserving of the sincerest pity.

"This, then, being his actual position, the question naturally arising in the mind of any impartial person is this What has Colonel Calne himself done to obtain relief from such odious imputation? And the answer tis condemnation. The answer is this, and the papers to which Mr Anstey refers prove it: That when he had a good opportunity to confront his house comprador, the alleged recipient of much extorted money, with tho parties whic charged him, he did not simply allow, but, as apperances go, actually connived at his getting out of the reach of justice. He did worse than this. Upon ot a shadow of basis he charged the Englishman-the Foldest subordinate officer of governmont-who brought the matter to his notice, with the crime of conspiring to injure his-hle-Colonel Caine's fame and repu tation In doing this he effectually burked all attempt to elleit the truth; and initiated such a reign of terror among English officials, from the highest to the lowest, that not one of them (excepting Mr Austey) dares to open his mouth, though extortion might go on In Colonel Caine's name under his very eyes.

"Why to this hour, Chinese reports, coupled with con- terminous laughter, go that he parn his old comprador

not only allowed but actually connived at the Baid house comprador's getting out of the reach of justice; and that I deserve punishment as a malfeasant, are false, malicious, and defamatory libels, and wholly untrue.

Sworn at the Supreme Court House, Victoria, this twenty-fifth day of August, A.D. 1859. W. CAINE.

W. H. ALEXANDER,

A Commissioner, de.

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