MINUTES OF MEETINGS OF A COMMISSION, Held at Council Chamber, commencing on the 27th May, 1858.
326
FIRST DAY, Thursday, 27th May, 1858, at 11 a.m.
PRESENT:
The Hon. C. ST GEO, CLEVERLY, Esq., Chairman. Hon'ble H. T. Davies, Esq., J. SCARTH, J.P. Hon'ble GEORGE LYALL, Esq., A. FLETCHER, Esq. J.P.
Registration Ordinance was in Committee, and I was preparing to attend it, when a letter was placed in my hands from Mr May, stating positively that Mr Caldwell was the owner of licensed brothel No. 48, as appeared by the fact that the lot 241 B, on which it stood, belonged to him. Not, as falsely stated in the semi-official article,—not influenced by relations good or bad to Mr Caldwell, but for two reasons, which I will mention, I determined to state it that morning in the Legislative Council.
The 1st was, that I knew it was perfectly hopeless sending in any report to the Executive Government, as Mr Caldwell was always held up as quite necessary to the administration of the colony. My second reason was, that I wished to induce the Legislative Council to do with the Registration Ordinance what they had neglected to do with the Brothel Ordinance, and insert a clause disqualifying Mr Caldwell and his family from deriving any pecuniary benefit in the exercise of his functions with regard to that measure.
On going into Committee, accordingly, I moved that clause, and the Committee adopted it without a division. The Governor and the Acting Colonial Secretary appeared however much opposed to it, the Governor treating the charge as ridiculous, and the Acting Colonial Secretary as impossible.
Read, Warrant of Commission and List of Charges.
THE ATTORNEY GENERAL, being asked if he had any information to give the Commission, stated that the charges in the "List of charges" were not his, and accordingly read his Letter of Protest of 24th May (4), to the Acting Colonial Secretary.
He was then requested to state what evidence he had to produce with reference to charge 2.
The Attorney General.—The evidence which I had to offer was offered to, and I suppose examined by, the Executive Government, for they gave their decision on it in a very unmistakable manner, present my appeal, on the 17th instant (B), to Lord Stanley, Secretary of State.
The nature of that evidence and of that decision was stated in my Letter of the 13th instant (), which I request may be read. I have here a Letter of the 18th May, No. 280 (D), from the Acting Colonial Secretary, and my reply of the same date (E); also the Acting Colonial Secretary's Letters (F and G) of the 17th May, Nos. 272 and 276, and my reply to both (H); and the Acting Colonial Secretary's Letter of 15th May, No. 269 (7), and reply to the same (K).
[The Attorney General states, that he places these letters before the commission in conjunction with the protest of 24th May, referring to charges Nos. 2, 5, 14, 15, 17; and reads part of letter of 13th May, to Acting Colonial Secretary, regarding these charges.
The Attorney General handed in to the Chairman a paper containing the names of two witnesses to be summoned at once.]
I beg leave to state to the commission what the conduct of Mr Caldwell was upon the charge being made.
Dr Bridges stated himself to be professionally aware of the fact that Mr Caldwell had parted with every inch of land he possessed in the colony before he became Licenser of Brothels, and that he had acquired none since. I protested of course against this mode of dealing with a charge which I said I had made upon my liability to punishment if it was untrue.
Then Mr Cleverly (the Surveyor General) expressing his concurrence with Dr Bridges, (the Acting Colonial Secretary) proposed to go down and examine his books, and returned with the statement that the lot 241 B was registered in the name of Mr D. R. Caldwell; on which the Governor apologised to me for having doubted my statement.
Some one suggested that perhaps the Crown-rent might not be paid by Mr Caldwell, but by somebody else; to which the Colonial Treasurer Mr Forth said, he had just examined his books, and his clerk Mr Gilmour, who was present, could tell that the money had been paid by Mr Caldwell's own hand; to which the clerk assented. The matter then
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38
T
MINUTES OF MEETINGS
OF A
COMMISSION,
Held at Council Chamber, commencing on the 27th May, 1858.
326
FIRST DAY,
Thursday, 27th May, 1858, at 11 a.m.
PRESENT:
Registration Ordinance was in Committee, and I was pre- paring to attend it, when a letter was placed in my hands: from Mr May, stating positively that Mr Caldwell was the owner of licensed brothel No. 48, as appeared by the fact that the lot 241 B, on which it stood, belonged to him. Not, as falsely stated in the semi-official article,-not influenced by relations good or bad to Mr Caldwell, but for two reasons,
The Hon. C. ST GEO, CLEVERLY, Esq., Chairman. Hon'ble H. T. Davies, Esq., J. SCARTH, J.P. Hon'ble GEORGE LYALL, Esq., A. FLETCHER, Esq. J.P. which I will mention, I determined to state it that morning
in the Legislative Council. The 1st was, that I knew it was
Read, Warrant of Commission and List of Charges. perfectly hopeless sending in any report to the Executive
THE ATTORNEY GENERAL, being asked if he had any information to give the Commission, stated that the charges in the "List of charges" were not his, and accord- ingly read his Letter of Protest of 24th May (4), to the Acting Colonial Secretary.
He was then requested to state what evidence he had to produce with referance to charge 2.
Government, as Mr Caldwell was always held up as quite necessary to the administration of the colony. My second reason was, that I wished to induce the Legislative Council to do with the Registration Ordinance what they had ne- glected to do with the Brothel Ordinance, and insert a clause disqualifying Mr Caldwell and his family from deriving any pecuniary benefit in the exercise of his functions with regard to that measure. On going into Committee, accord- The Attorney General.-The evidence which I had to ingly, I moved that clause, and the Committec adopted it offer was offered to, and I suppose examined by, the Ex-without a division. The Governor and the Acting Colonial ecutive Government, for they gave their decision on it in a | Secretary appeared however much opposed to it, the Gover- and such as to oblige me to nor treating the charge as ridiculous, and the Acting Co- unmistakable manner, present my appeal, on the 17th instant (B), to Lord Stanley, lonial Secretary as impossible. Secretary of State. The nature of that evidence and of that decision was stated in my Letter of the 13th instant(), which I request may be read. I have here a Letter of the 18th May, No. 280 (D), from the Acting Colonial Secretary, and my reply of the same date (E); also the Acting Colo- nial Secretary's Letters (Fand G) of the 17th May, Nos, 272 and 276, and my reply to both (H); and the Acting Colo- nial Secretary's Letter of 15th May, No.269 (7), and reply to the same (K).
very
[The Attorney General states, that he places these letters before the commission in conjunction with the protest of 24th May, referring to charges Nos. 2, 5, 14, 15, 17; and reads part of letter of 13th May, to Acting Colonial Secreta- ry, regarding these charges.
The Attorney General handed in to the Chairman a pa- per containing the names of two witnesses to be summoned at once.]
I beg leave to state to the commission what the conduct of Mr Caldwell was upon the charge being made. The
Dr Bridges stated himself to be professionally aware of the fact that Mr Caldwell had parted with every inch of land he possessed in the colony before he became Licenser of Brothels, and that he had acquired none since. I protested of course against this mode of dealing with a charge which I said I had made upon my liability to Then Mr Cleverly (the punishment if it was untrue. Surveyor General) expressing his concurrence with Dr Bridges, (the Acting Colonial Secretary) proposed to go down and examine his books, and returned with the statement that the lot 241 B was registered in the name
Some one sug- of Mr D. R. Caldweil; on which the Governor apologised to me for having doubted my statement. gested that perhaps the Crown-rent might not be paid by Mr Caldwell, but by somebody else; to which the Colo- nial Treasurer Mr Forth said, he had just examined his books, and his clerk Mr Gilmour, who was present, could tell that the money had been paid by Mr Caldwell's own hand; to which the clerk assented. The matter then
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