CO129-074 - Lieut. Governor Caine & Sir Robinson - 1859 [6-12] — Page 331

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All AI Reviewed

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dropped for the time, but about half an hour afterwards, Dr Bridges having communicated with Mr Caldwell, Mr Caldwell himself made his appearance in an adjoining room, and sent in a written memorandum to Dr Bridges, which that officer, rudely interrupting the gentleman who was speaking, insisted on reading to the Council.

He observed with an air of triumph, "There, now—I thought so—Mr Caldwell says it's a mistake, and it is a mistake;" and he read the memorandum to us, which purported to lay the blame on his lawyer, Mr Stace, who ought to have registered the transfer of this brothel lot from Mr Caldwell to a purchaser, but had not. He emphatically denied that he owned a single inch of land in the colony. I observed that Mr Caldwell had forgotten to say a word about paying the ground-rent with his own hands, which could not have been by mistake. Dr Bridges said he did not pay it with his own hands, and I understood he was speaking of Mr Caldwell. I said, "In a matter like that, I would rather believe the evidence of an impartial witness like Mr Gilmour whom we had heard, than the simple denial of the accused person;" upon which Dr Bridges said, that he had said nothing of the kind. Mr Forth, however, confirmed my statement of Mr Gilmour's evidence. I then asked His Excellency whether he really meant to say any charge brought by any person, above all a person in my position, could be disposed of or even met by the broad denial of it on the part of Mr Caldwell. The Governor said that he really thought Mr Caldwell had met it,—upon which the matter dropped.

In consequence of this I wrote my letter of the 13th, which has been put in. Previous to the next meeting of Council, which was on the 14th instant, I received from the Colonial Treasurer the return of Crown-rents paid on 11 lots. I reserved this document until I should hear what would be the result of a discussion which I knew the Colonial Treasurer was going to commence on the subject of lot 241 B, and I advised him to say nothing about the remaining 10 lots. As I expected, the Governor read from the chair, in reply to the Colonial Treasurer, a letter (L) from Mr Caldwell, referring to lot 241 B, and reiterating the statements of his former memo. Mr Forth had, on the morning of 11th instant, brought into the Governor's room Mr Gilmour, who contradicted Dr Bridges's statement of his words used on the previous day—and said that the rent of this lot was paid, as I had asserted, in propria persona by Mr Caldwell on the 26th February. Consequently Mr Caldwell, unable any longer to deny this fact, admitted it in his letter read on the 14th May, but added, that he did this merely to oblige a poor Chinaman, who was ignorant of our language and customs,—which to my mind, as I told the Governor, was a confession of agency for a brothel. I then asked whether Mr Caldwell had made any explanation as to any other lots besides 241B, and was answered, No. Upon which I gave this document (List of Ground-rents, see appendix B in letter C) into the Governor, showing that if there had been one mistake, there had been eleven mistakes,

all in one day. I pointed out that three of the 11 were specially mentioned as having been transferred to Chun-atsew previous to the payment of 26th February; from which I said it was perfectly clear that the other 8 had not been transferred. No explanation was given by the Governor, by the Acting Colonial Secretary, or by anybody whatever, in answer to this important document; nor could anyone say who were Lum-ateen, Chun-alai, and Chun-atsew—names which Mr Gilmour said had been spelt over to him by Mr Caldwell.

I have made inquiry myself—not through Mr May or the Police, but through a Chinaman—who these people are. [Mr Anstey here offered to give the information, but Mr Caldwell objected to the evidence of the Chinaman unless he was produced.] The debate that day, the 14th, closed with a renewed expression by the Governor and Dr Bridges of their high appreciation of Mr Caldwell's conduct, in the face of this evidence, and I have not heard that Mr Caldwell has attempted any further explanation. I have already put in the strong testimonial contained in Dr Bridges's letter of the 17th, which I take to be a further judgment upon this complaint. I have therefore a right to say, that the charges now under investigation have been already disposed of by the Executive Council. Even if the suggestion that there had been any mistake in the matter had not, under the above circumstances, already been proved to be false, I might point out to the Commissioners that it is on the face of it ridiculous and absurd, inasmuch as it is the daily and immediate duty of the Registrar General, by Section 5 of the Ordinance which gives him power to register Brothels, not only to ascertain correctly the actual particulars on the spot, and communicate the same to the state of their title and occupancy, but to record those

Colonial Secretary. The Section requires, that in those records shall appear the names of the immediate Landlord or Lessor of the licensed brothel, and also of the Crown Lessee or Tenant of the plot of the ground on which the same may be standing or built; and this is for the purpose, of the speedy and summary conviction of these persons, whether they are the immediate offenders or not against the Ordinance. I beg now to say, that I am ready to give the names of two witnesses who will be able to prove matters relating generally to this inquiry.

The Chairman informed Mr Caldwell that he could put questions to Mr Anstey through him.

Mr Caldwell said that he had no questions to put on this head.

FREDERICK WOODS,—Called and examined.

Chairman,—Have you ever bought of Mr Caldwell land in Taipingshan?

Mr Woods,—No.

Chairman,—Have you sold any land to Mr Caldwell during this year or last year?

Mr Woods,—No.

Chairman,—Have you sold land to any persons through Mr Caldwell as agent?

Mr Woods,—I have sold lots through Mr Caldwell to Chinamen, about I think the latter part of last year. None this year.

Chairman,—Have you re-bought any portion of this land through Mr Caldwell as agent?

Mr Woods,—No.

Chairman,—Have you any recollection where this property lies.

Mr Woods,—The numbers of the lots are 206, 263, 264.

Chairman,—At the time of the auction, do you remember seeing Lum Ateen bidding?

Mr Woods,—I do not. I did not know him then.

Chairman,—Did you believe that the lots were purchased by Lum Ateen, or that Mr Caldwell had any interest in the transaction?

Mr Woods,—I sold the property to Lum Ateen, and had no reason to think that Mr Caldwell had any interest in the purchase!

Chairman,—Did you not sell through Mr Caldwell a lot, one of the Western Market shops, to the same man?

Mr Woods,—I sold the shop, but do not recollect if it was to the same man.

JOHN LYONS,—Called and examined.

Chairman,—Will you tell the Commission what your position is?

Mr Lyons,—I am Inspector of Nuisances.

Chairman,—What are your duties?

Mr Lyons,—My duties are, to see that the drains are kept clear, and that no nuisances are committed near houses.

Chairman,—Do you know the position of lot 206?

Mr Lyons,—Yes. In Taipingshan, Central Street.

Chairman,—Are there any licensed brothels on it?

Mr Lyons,—Yes. Two or three.

Chairman,—Do you know who takes care of the property?

Mr Lyons,—I do not. Shortly after the last fire, I noticed that the houses were being built without any party-walls, and spoke to Mr Caldwell.

Chairman,—Why did you speak to Mr Caldwell?

Mr Lyons,—Because in answer to my inquiry, the occupants told me that Mr Caldwell was the landlord.

Chairman,—Has Mr Caldwell made the alterations you spoke of?

Mr Lyons,—I believe not.

Chairman,—When speaking to Mr Caldwell on the subject, did he say whether he was the landlord?

Mr Lyons,—No; but from his manner I suppose that he was.

Chairman,—Have you made any fresh application to Mr Caldwell on this subject?

Mr Lyons,—No. This was the only one on the subject.

Chairman,—Where did you first see Mr Caldwell and speak to him on this subject?

Mr Lyons,—Between the Government Offices and Pedder's Wharf. I told him concerning the party-walls, and that it was requisite that they should be built of brick or stone in place of wood, of which they then were.

Chairman,—What did Mr Caldwell say?

Mr Lyons,—He said that he intended only to rebuild the front wall.

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327(2)dropped for the time, but about half an hour afterwards, Dr Bridges having communicated with Mr Caldwell, Mr Caldwell himself made his appearance in an adjoining room, and sent in a written memorandum to Dr Bridges, which that officer, rudely interrupting the gentleman who was speaking, insisted on reading to the Council.He observed with an air of triumph, "There, now—I thought so—Mr Caldwell says it's a mistake, and it is a mistake;" and he read the memorandum to us, which purported to lay the blame on his lawyer, Mr Stace, who ought to have registered the transfer of this brothel lot from Mr Caldwell to a purchaser, but had not. He emphatically denied that he owned a single inch of land in the colony. I observed that Mr Caldwell had forgotten to say a word about paying the ground-rent with his own hands, which could not have been by mistake. Dr Bridges said he did not pay it with his own hands, and I understood he was speaking of Mr Caldwell. I said, "In a matter like that, I would rather believe the evidence of an impartial witness like Mr Gilmour whom we had heard, than the simple denial of the accused person;" upon which Dr Bridges said, that he had said nothing of the kind. Mr Forth, however, confirmed my statement of Mr Gilmour's evidence. I then asked His Excellency whether he really meant to say any charge brought by any person, above all a person in my position, could be disposed of or even met by the broad denial of it on the part of Mr Caldwell. The Governor said that he really thought Mr Caldwell had met it,—upon which the matter dropped.In consequence of this I wrote my letter of the 13th, which has been put in. Previous to the next meeting of Council, which was on the 14th instant, I received from the Colonial Treasurer the return of Crown-rents paid on 11 lots. I reserved this document until I should hear what would be the result of a discussion which I knew the Colonial Treasurer was going to commence on the subject of lot 241 B, and I advised him to say nothing about the remaining 10 lots. As I expected, the Governor read from the chair, in reply to the Colonial Treasurer, a letter (L) from Mr Caldwell, referring to lot 241 B, and reiterating the statements of his former memo. Mr Forth had, on the morning of 11th instant, brought into the Governor's room Mr Gilmour, who contradicted Dr Bridges's statement of his words used on the previous day—and said that the rent of this lot was paid, as I had asserted, in propria persona by Mr Caldwell on the 26th February. Consequently Mr Caldwell, unable any longer to deny this fact, admitted it in his letter read on the 14th May, but added, that he did this merely to oblige a poor Chinaman, who was ignorant of our language and customs,—which to my mind, as I told the Governor, was a confession of agency for a brothel. I then asked whether Mr Caldwell had made any explanation as to any other lots besides 241B, and was answered, No. Upon which I gave this document (List of Ground-rents, see appendix B in letter C) into the Governor, showing that if there had been one mistake, there had been eleven mistakes,1.all in one day. I pointed out that three of the 11 were specially mentioned as having been transferred to Chun-atsew previous to the payment of 26th February; from which I said it was perfectly clear that the other 8 had not been transferred. No explanation was given by the Governor, by the Acting Colonial Secretary, or by anybody whatever, in answer to this important document; nor could anyone say who were Lum-ateen, Chun-alai, and Chun-atsew—names which Mr Gilmour said had been spelt over to him by Mr Caldwell.I have made inquiry myself—not through Mr May or the Police, but through a Chinaman—who these people are. [Mr Anstey here offered to give the information, but Mr Caldwell objected to the evidence of the Chinaman unless he was produced.] The debate that day, the 14th, closed with a renewed expression by the Governor and Dr Bridges of their high appreciation of Mr Caldwell's conduct, in the face of this evidence, and I have not heard that Mr Caldwell has attempted any further explanation. I have already put in the strong testimonial contained in Dr Bridges's letter of the 17th, which I take to be a further judgment upon this complaint. I have therefore a right to say, that the charges now under investigation have been already disposed of by the Executive Council. Even if the suggestion that there had been any mistake in the matter had not, under the above circumstances, already been proved to be false, I might point out to the Commissioners that it is on the face of it ridiculous and absurd, inasmuch as it is the daily and immediate duty of the Registrar General, by Section 5 of the Ordinance which gives him power to register Brothels, not only to ascertain correctly the actual particulars on the spot, and communicate the same to the state of their title and occupancy, but to record thoseColonial Secretary. The Section requires, that in those records shall appear the names of the immediate Landlord or Lessor of the licensed brothel, and also of the Crown Lessee or Tenant of the plot of the ground on which the same may be standing or built; and this is for the purpose, of the speedy and summary conviction of these persons, whether they are the immediate offenders or not against the Ordinance. I beg now to say, that I am ready to give the names of two witnesses who will be able to prove matters relating generally to this inquiry.The Chairman informed Mr Caldwell that he could put questions to Mr Anstey through him.Mr Caldwell said that he had no questions to put on this head.FREDERICK WOODS,—Called and examined.Chairman,—Have you ever bought of Mr Caldwell land in Taipingshan?Mr Woods,—No.Chairman,—Have you sold any land to Mr Caldwell during this year or last year?Mr Woods,—No.Chairman,—Have you sold land to any persons through Mr Caldwell as agent?Mr Woods,—I have sold lots through Mr Caldwell to Chinamen, about I think the latter part of last year. None this year.Chairman,—Have you re-bought any portion of this land through Mr Caldwell as agent?Mr Woods,—No.Chairman,—Have you any recollection where this property lies.Mr Woods,—The numbers of the lots are 206, 263, 264.Chairman,—At the time of the auction, do you remember seeing Lum Ateen bidding?Mr Woods,—I do not. I did not know him then.Chairman,—Did you believe that the lots were purchased by Lum Ateen, or that Mr Caldwell had any interest in the transaction?Mr Woods,—I sold the property to Lum Ateen, and had no reason to think that Mr Caldwell had any interest in the purchase!Chairman,—Did you not sell through Mr Caldwell a lot, one of the Western Market shops, to the same man?Mr Woods,—I sold the shop, but do not recollect if it was to the same man.JOHN LYONS,—Called and examined.Chairman,—Will you tell the Commission what your position is?Mr Lyons,—I am Inspector of Nuisances.Chairman,—What are your duties?Mr Lyons,—My duties are, to see that the drains are kept clear, and that no nuisances are committed near houses.Chairman,—Do you know the position of lot 206?Mr Lyons,—Yes. In Taipingshan, Central Street.Chairman,—Are there any licensed brothels on it?Mr Lyons,—Yes. Two or three.Chairman,—Do you know who takes care of the property?Mr Lyons,—I do not. Shortly after the last fire, I noticed that the houses were being built without any party-walls, and spoke to Mr Caldwell.Chairman,—Why did you speak to Mr Caldwell?Mr Lyons,—Because in answer to my inquiry, the occupants told me that Mr Caldwell was the landlord.Chairman,—Has Mr Caldwell made the alterations you spoke of?Mr Lyons,—I believe not.Chairman,—When speaking to Mr Caldwell on the subject, did he say whether he was the landlord?Mr Lyons,—No; but from his manner I suppose that he was.Chairman,—Have you made any fresh application to Mr Caldwell on this subject?Mr Lyons,—No. This was the only one on the subject.Chairman,—Where did you first see Mr Caldwell and speak to him on this subject?Mr Lyons,—Between the Government Offices and Pedder's Wharf. I told him concerning the party-walls, and that it was requisite that they should be built of brick or stone in place of wood, of which they then were.Chairman,—What did Mr Caldwell say?Mr Lyons,—He said that he intended only to rebuild the front wall.(3)

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327(2)dropped for the time, but about half an hour afterwards, Dr Bridges having communicated with Mr Caldwell, Mr Caldwell himself made his appearance in an adjoining room, and sent in a written memorandum to Dr Bridges, which that officer, rudely interrupting the gentleman who was speaking, insisted on reading to the Council.He observed with an air of triumph, "There, now-I thought so-Mr Caldwell says it's a mistake, and it is a mistake;" and he read the memorandum to us, which purported to lay the blame on his lawyer, Mr Stace, who ought to have registered the transfer of this brothel lot from Mr Caldwell to a purchaser, but had not. He emphatically denied that he owned a single inch of land in the colony. I observed that Mr Caldwell had forgotten to say a word about paying the ground-rent with his own hands, which could not have been by mistake. Dr Bridges said he did not pay it with his own hands, and I understood he was speaking of Mr Caldwell. I said, "In a matter like that, I would rather believe the evidence of an impartial witness like Mr Gilmour whom we had heard, than the simple denial of the accused person;" upon which Dr Bridges said, that he had said nothing of the kind. Mr Forth, however, confirmed my statement of Mr Gilmour's evidence. I then asked His Excellency whether he really meant to say any charge brought by any person, above all a person in my position, could be disposed of or even met by the broad denial of it on the part of Mr Caldwell, The Governor said that he really thought Mr Caldwell had met it,-upon which the matter dropt.In con- sequence of this I wrote my letter of the 13th, which has been put in. Previous to the next meeting of Council which was on the 14th instant, I received from the Colo- nial Treasurer the return of Crown-rents paid on 11 lots, I reserved this document until I should hear what would be the result of a discussion which I knew the Colonial Treasurer was going to commence on the subject of lot 241 B, and I advised him to say nothing about the remaining 10 lots. As I expected, the Governor read from the chair, in reply to the Colonial Treasurer, a letter (L) from Mr Caldwell, referring to lot 241 B, and reiterat ing the statements of his former memo. Mr Forth had, on the morning of 11th instant, brought into the Goy- ernor's room Mr Gilmour, who contradicted Dr Bridges's statement of his words used on the previous day--and said that the rent of this lot was paid, as I had asserted, in propria persona by Mr Caldwell on the 26th February. Consequently Mr Caldwell, unable any longer to deny this fact, admitted it in his letter read on the 14th May but added, that he did this merely to oblige a poor China- man, who was ignorant of our language and customs,-- which to my mind, as I told the Governor, was a con- fession of agency for a brothel. I then asked whether Mr Caldwell had made any explanation as to any other lots besides 241B, and was answered, No. Upon which I gave this document (List of Ground-rents, see appendix B in letter C) in to the Governor, shewing that if there had been one mistake, there had been eleven mistakes,1.all in one day. I pointed out that there of the 11 were specially mentioned as having been transferred to Chun- atsew previous to the payment of 26th February; from which I said it was perfectly clear that the other 8 had not been transferred. No explanation was given by the Governor, by the Acting Colonial Secretary, or by anybody whatever, in answer to this important document; nor could any one say who were Lum-ateen, Chun-alai, and Chun-atsew-names which Mr Gilmour said had been spelt over to him by Mr Caldwell.I have made inquiry myself-not through Mr May or the Police, but through a Chinaman,-who these people are. [Mr Anstey here offered to give the information, but Mr Caldwell objected to the evidence of the Chinaman unless he was produced.] The debate that day, the 14th, closed with a renewed expression by the Governor and Dr Bridges of their high appreciation of Mr Caldwell's conduct, in the face of this evidence, and I have not heard that Mr Caldwell has attempted any further explanation. I have already put in the strong testimonial contained in Dr Bridges's letter of the 17th, which I take to be a further judgment upon this complaint. I have therefore a right to say, that the charges now under investigation have been already dis- posed of by the Executive Council. Even if the sugges- tion that there had been any mistake in the matter had not, under the above circumstances, already been proved to be false, I might point out to the Commissioners that it is on the face of it ridiculous and absurd, inasmuch as it is the daily and immediate duty of the Registrar General, by Section 5 of the Ordinance which gives him power to register Brothels, not only to ascertain correctly the actual particulars on the spot, and communicate the same to the state of their title and occupancy, but to record thoseColonial Secretary. The Section requires, that in those records shall appear the names of the immediate Landlord or Lessor of the licensed brothel, and also of the Crown Lessee or Tenant of the plot of the ground on which the same may be standing or built; and this is for the purpose, of the speedy and summary conviction of these persons, whether they are the immediate offenders or not against the Ordinance. I beg now to say, that I am ready to give the names of two witnesses who will be able to prove matters relating generally to this inquiry.The Chairman informed Mr Caldwell that he could put questions to Mr Anstey through him.Mr Caldwell said that he had no questions to put ou this head.FREDERICK WOODS,-Called and examined.Chairman,-Have you ever bought of Mr Caldwell land in Taipingshan?Mr Woods,-No.during this year or last year?Chairman,-Have you sold any land to Mr Caldwell Mr Woods,-No.Mr Caldwell as agent?Chairman, Have you sold land to any persons throughहै(3) Mr Caldwell,-Do you know why I parted with those houses?Mr Woods, I have sold lots through Mr Caldwell to Chinamen, about I think the latter part of last year. None this year.Chairman,-Have you re-bought any portion of thisbeing in difficulties. land through Mr Caldwell as agent?Mr Woods, No.Chairman, Have you any recollection where this pro- perty lies.Mr Woods, I understood that it was on account of yourChairman,-At the time of the auction, do you remember seeing Lum Ateen bidding?Mr Woods,--I do not. 1 did not know him then.Chairman, Did you believe that the lots were purchasedMr Woods, The numbers of the lots are 206, 263, 264. | by Lun Ateen, or that Mr Caldwell had any interest inChairman, Has the transfer been registered?Mr Woods,-No. I have still possession of the deeds. Chairman, Can you give any reason why the transfer has not been completed?Mr Woods.--I hold the deeds as security for the pay.ment.Chairman, Have you sold any lots through Mr Cald- well as agent since the fire?Mr Woods, None. Chairman,--Can you tell us who occupies these lots? Mr Woods, I believe they are occupied by Chinese. Crairman, Since the fire, have you sold any land through any one to Mr Caldwell?Mr Woods,-No. None whatever.Mr Lyall, Have you purchased any laud under di- rections from Mr Caldwell?Mr Woods,-No.Chairman,--Can you tell the Commission the name of the man for whom Mr Caldwell bought lot 206?Mr Woods-Lum Ateen was, I believe, the name. Cvairman, Can you tell us who Lum Ateen is? Mr Woods,---Relying upon the agency of Mr Caldwell, I believe him to be a respectable man. I do not know what he does.Chairman,--How do you know that Mr Caldwell was acting as agent for Lum Ateen?Mr Woods, From Mr Caldwell's own statement. Chairman, Did he buy all the lots, or any one? Mr Woods,-All; from the construction of the houses all the lots are one.Chairman, Did lot 206. and the other lots 263 and 264, ever belong to Mr Caldwell before you bought them? Mr Woods,-Yes. I bought them by Public Auction about last July.Chairman, Were any brothels standing on these lots at any time, or at the time of sale?Mr Woods, I believe there always have been brothels, chiefly on lot 206.Chairman-Are there any licensed Brothels on lot206?Mr Woods, Lot 206 passed out of my hands before the Brothel Ordinance came into effect. I do not know if there are any licensed brothels on it?Mr Lyall-Do you not know anything about Lun Ateen?Mr Woods,-I do not. He appears a respectable man as Chinese go.the purchase!Mr Woods,-I sold the property to Lum Ateen, and had no reason to think that Mr Caldwell had any interest in the transaction.Chairman, Did you not sell through Mr Caldwell a lot, one of the Western Market shops, to the same man?Mr Woods, I sold the shop, but do not recollect if it was to the same man.JOHN LYONS,-Called and examined.Chairman,--Will you tell the Commission what your position is?Mr Lyons, I am Inspector of Nuisances.Chairman,-What are your duties?Mr Lyons, -My duties are, to see that the drains are kept clear,and that no nuisances are committed near houses.Chairman, Do you know the position of lot 206?Mr Lyons, Yes. In Taipingshan, Central Street.Chairman, Are there any licensed brothels on it?Mr Lyons, Yes. Two or three.Chairman, Do you know who takes care of the pro- perty?Mr Lyons,-I do not. Shortly after the last fire, I noticed that the houses were being built without any party- walls, and spoke to Mr Caldwell.Chairman, Why did you speak to Mr Caldwell?Mr Lyons,--Because in answer to my inquiry, the oc- cupants told me that Mr Caldwell was the laudlord.Chairman,-Has Mr Caldwell made the alterations you spoke of?Mr Lyons, I believe not,Chairman,--When speaking to Mr Caldwell on the subject, did he say whether he was the landlord?Mr Lyons,-No; but from his manner I suppose that he was.Chairman, Have you made any fresh application to Mr Caldwell on this subject?Mr Lyons,-No. This was the only one on the subject.Chairman, -Where did you first see Mr Caldwell and speak to him on this subject?Mr Lyons,-Between the Government Offices and Pedder's Wharf. I told him concerning the party-walls, and that it was requisite that they should be built of brick or stone in place of wood, of which they then were.Chairman,What did Mr Caldwell say?Mr Lyons,-He said that he intended only to rebuild the front wall,

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He observed with an air of triumph, "There, now-I thought so-Mr Caldwell says it's a mistake, and it is a mistake;" and he read the memorandum to us, which purported to lay the blame on his lawyer, Mr Stace, who ought to have registered the transfer of this brothel lot from Mr Caldwell to a purchaser, but had not. He emphatically denied that he owned a single inch of land in the colony. I observed that Mr Caldwell had forgotten to say a word about paying the ground-rent with his own hands, which could not have been by mistake. Dr Bridges said he did not pay it with his own hands, and I understood he was speaking of Mr Caldwell. I said, "In a matter like that, I would rather believe the evidence of an impartial witness like Mr Gilmour whom we had heard, than the simple denial of the accused person;" upon which Dr Bridges said, that he had said nothing of the kind. Mr Forth, however, confirmed my statement of Mr Gilmour's evidence. I then asked His Excellency whether he really meant to say any charge brought by any person, above all a person in my position, could be disposed of or even met by the broad denial of it on the part of Mr Caldwell, The Governor said that he really thought Mr Caldwell had met it,-upon which the matter dropt.

In con- sequence of this I wrote my letter of the 13th, which has been put in. Previous to the next meeting of Council which was on the 14th instant, I received from the Colo- nial Treasurer the return of Crown-rents paid on 11 lots, I reserved this document until I should hear what would be the result of a discussion which I knew the Colonial Treasurer was going to commence on the subject of lot 241 B, and I advised him to say nothing about the remaining 10 lots. As I expected, the Governor read from the chair, in reply to the Colonial Treasurer, a letter (L) from Mr Caldwell, referring to lot 241 B, and reiterat ing the statements of his former memo. Mr Forth had, on the morning of 11th instant, brought into the Goy- ernor's room Mr Gilmour, who contradicted Dr Bridges's statement of his words used on the previous day--and said that the rent of this lot was paid, as I had asserted, in propria persona by Mr Caldwell on the 26th February. Consequently Mr Caldwell, unable any longer to deny this fact, admitted it in his letter read on the 14th May but added, that he did this merely to oblige a poor China- man, who was ignorant of our language and customs,-- which to my mind, as I told the Governor, was a con- fession of agency for a brothel. I then asked whether Mr Caldwell had made any explanation as to any other lots besides 241B, and was answered, No. Upon which I gave this document (List of Ground-rents, see appendix B in letter C) in to the Governor, shewing that if there had been one mistake, there had been eleven mistakes,

all in one day. I pointed out that there of the 11 were specially mentioned as having been transferred to Chun- atsew previous to the payment of 26th February; from which I said it was perfectly clear that the other 8 had not been transferred. No explanation was given by the Governor, by the Acting Colonial Secretary, or by anybody whatever, in answer to this important document; nor could any one say who were Lum-ateen, Chun-alai, and Chun-atsew-names which Mr Gilmour said had been spelt over to him by Mr Caldwell.

I have made inquiry myself-not through Mr May or the Police, but through a Chinaman,-who these people are. [Mr Anstey here offered to give the information, but Mr Caldwell objected to the evidence of the Chinaman unless he was produced.] The debate that day, the 14th, closed with a renewed expression by the Governor and Dr Bridges of their high appreciation of Mr Caldwell's conduct, in the face of this evidence, and I have not heard that Mr Caldwell has attempted any further explanation. I have already put in the strong testimonial contained in Dr Bridges's letter of the 17th, which I take to be a further judgment upon this complaint. I have therefore a right to say, that the charges now under investigation have been already dis- posed of by the Executive Council. Even if the sugges- tion that there had been any mistake in the matter had not, under the above circumstances, already been proved to be false, I might point out to the Commissioners that it is on the face of it ridiculous and absurd, inasmuch as it is the daily and immediate duty of the Registrar General, by Section 5 of the Ordinance which gives him power to register Brothels, not only to ascertain correctly the actual particulars on the spot, and communicate the same to the state of their title and occupancy, but to record those

The Chairman informed Mr Caldwell that he could put questions to Mr Anstey through him.

Mr Caldwell said that he had no questions to put ou this head.

FREDERICK WOODS,-Called and examined. Chairman,-Have you ever bought of Mr Caldwell land in Taipingshan?

Mr Woods,-No.

during this year or last year?

Chairman,-Have you sold any land to Mr Caldwell

Mr Woods,-No.

Mr Caldwell as agent?

Chairman, Have you sold land to any persons through

है

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Mr Caldwell,-Do you know why I parted with those houses?

Mr Woods, I have sold lots through Mr Caldwell to Chinamen, about I think the latter part of last year. None this year.

Chairman,-Have you re-bought any portion of this being in difficulties. land through Mr Caldwell as agent?

Mr Woods, No.

Chairman, Have you any recollection where this pro- perty lies.

Mr Woods, I understood that it was on account of your

Chairman,-At the time of the auction, do you remember seeing Lum Ateen bidding?

Mr Woods,--I do not. 1 did not know him then. Chairman, Did you believe that the lots were purchased Mr Woods, The numbers of the lots are 206, 263, 264. | by Lun Ateen, or that Mr Caldwell had any interest in Chairman, Has the transfer been registered?

Mr Woods,-No. I have still possession of the deeds. Chairman, Can you give any reason why the transfer has not been completed?

Mr Woods.--I hold the deeds as security for the pay.

ment.

Chairman, Have you sold any lots through Mr Cald- well as agent since the fire?

Mr Woods, None. Chairman,--Can you tell us who occupies these lots? Mr Woods, I believe they are occupied by Chinese. Crairman, Since the fire, have you sold any land through any one to Mr Caldwell?

Mr Woods,-No. None whatever.

Mr Lyall, Have you purchased any laud under di- rections from Mr Caldwell?

Mr Woods,-No.

Chairman,--Can you tell the Commission the name of the man for whom Mr Caldwell bought lot 206?

Mr Woods-Lum Ateen was, I believe, the name. Cvairman, Can you tell us who Lum Ateen is? Mr Woods,---Relying upon the agency of Mr Caldwell, I believe him to be a respectable man. I do not know what he does.

Chairman,--How do you know that Mr Caldwell was acting as agent for Lum Ateen?

Mr Woods, From Mr Caldwell's own statement. Chairman, Did he buy all the lots, or any one? Mr Woods,-All; from the construction of the houses all the lots are one.

Chairman, Did lot 206. and the other lots 263 and 264, ever belong to Mr Caldwell before you bought them? Mr Woods,-Yes. I bought them by Public Auction about last July.

Chairman, Were any brothels standing on these lots at any time, or at the time of sale?

Mr Woods, I believe there always have been brothels, chiefly on lot 206.

Chairman-Are there any licensed Brothels on lot

206?

Mr Woods, Lot 206 passed out of my hands before the Brothel Ordinance came into effect. I do not know if there are any licensed brothels on it?

Mr Lyall-Do you not know anything about Lun Ateen?

Mr Woods,-I do not. He appears a respectable man as Chinese go.

the purchase!

Mr Woods,-I sold the property to Lum Ateen, and had no reason to think that Mr Caldwell had any interest in the transaction.

Chairman, Did you not sell through Mr Caldwell a lot, one of the Western Market shops, to the same man?

Mr Woods, I sold the shop, but do not recollect if it was to the same man.

JOHN LYONS,-Called and examined. Chairman,--Will you tell the Commission what your position is?

Mr Lyons, I am Inspector of Nuisances. Chairman,-What are your duties?

Mr Lyons, -My duties are, to see that the drains are kept clear,and that no nuisances are committed near houses.

Chairman, Do you know the position of lot 206? Mr Lyons, Yes. In Taipingshan, Central Street. Chairman, Are there any licensed brothels on it? Mr Lyons, Yes. Two or three.

Chairman, Do you know who takes care of the pro- perty?

Mr Lyons,-I do not. Shortly after the last fire, I noticed that the houses were being built without any party- walls, and spoke to Mr Caldwell.

Chairman, Why did you speak to Mr Caldwell? Mr Lyons,--Because in answer to my inquiry, the oc- cupants told me that Mr Caldwell was the laudlord.

Chairman,-Has Mr Caldwell made the alterations you spoke of?

Mr Lyons, I believe not,

Chairman,--When speaking to Mr Caldwell on the subject, did he say whether he was the landlord?

Mr Lyons,-No; but from his manner I suppose that

he was.

Chairman, Have you made any fresh application to Mr Caldwell on this subject?

Mr Lyons,-No. This was the only one on the subject. Chairman, -Where did you first see Mr Caldwell and speak to him on this subject?

Mr Lyons,-Between the Government Offices and Pedder's Wharf. I told him concerning the party-walls, and that it was requisite that they should be built of brick or stone in place of wood, of which they then were.

CO129-074 - Lieut. Governor Caine & Sir Robinson - 1859 [6-12] — Page 331

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