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(18)
in Peel Street, and a Barber, next door but one to her house, who gave me information in answer to an inquiry of mine on this subject on the 11th or 12th of May last, should be called.
This inquiry was a voluntary one, and the result was communicated to the Attorney General. I never employed any person directly to make inquiries. I gave a suggestion, not a direction, to Lyons, about ascertaining from the occupants, who they considered were the owners. I inquired of Lyons if he knew if Mr Caldwell owned any property in Taipingshan. He said, "I do; he owns lot 206." I asked him how he knew it, and he said Mr Caldwell had acknowledged himself to be the owner to him, when he had occasion to go to Mr Caldwell on business as Inspector of Nuisances. Inspector Roberts is a member of the Police force, and has made inquiries concerning the Ma-chow Wong branch of the inquiry; he has not done so by my direction, but in the pursuit of his inquiries he has acted upon my advice, as to the mode in which he should conduct them. Precisely the same remark applies to Lyons. I think it would be imprudent in the present stage of inquiry, were I to give the names of others from whom I have sought information regarding the Ma-chow Wong branch of the inquiry.
Cross-examined,-I have been on terms of acquaintanceship, but not intimacy, with Mrs Caldwell, since she resided at the Police Station-for about six years back. I went to their house on the occasion of their giving parties, within the last six years, since my family went to England, I may have dined 3 times with them on Christmas days-but not more than 3 times. During the time I was on these terms with Mr and Mrs Caldwell, I believed that she had been taken out of a brothel but by this I do not mean that I believed she was in any way connected with the business of a brothel, but only an inmate of one. Her manners and demeanour, and the management of her household, were always marked by strict propriety of conduct, and were those of a gentlewoman; but the inherent character of the Chinese, derived from education, manners, and custom, are not in my opinion in her, more than in any of her country women, eradicated by her marriage with Mr Caldwell. By inherent character, I mean the making use of position and power to obtain return for services rendered. The inquiries I made, the evidence I have given, and suggestions and advice I have offered, were not prompted by any private motives, but from the desire for the public good-morality was not the subject of my thoughts. I remember in 1851 giving Mr Strachan information, which induced him to write an article in his paper regarding Mr Caldwell's informant, in reference to an attack on the steamer Hongkong. I know that the statement in the article was proved to be untrue. Mr Caldwell wrote a letter to the China Mail on the subject, and I reported that circumstance to the Governor. The result was a written apology from Mr Caldwell to me, relative to his conduct, I have it at home, and can produce it. I thought Ma-chow Wong was the informant; and this was one of the two occasions on which I had a quarrel with Mr Caldwell.
I was officiating as Registrar General and Protector of Chinese for five or six years up to the time that Mr Caldwell was appointed to those offices,-I have never since then expressed a desire to be appointed Registrar General. About eight or nine months ago, when I had a conversation with the Acting Colonial Secretary on the subject of Police, I stated that if it was considered by H. M.'s Government, that it would be for the interest of the public that Mr Caldwell should have the Superintendence of the Police, I would most gladly take the office of the Registrar General; I expressed no wish, but said it rather in irony than otherwise. I did not ask it in the slightest degree as a favour to myself. I did not say that such an arrangement would be the means of putting a stop to any hostility on my part towards, or disputes between, myself and Mr Caldwell, or anything to that effect. I have emphatically disavowed on many occasions, and I believe then, all hostility to Mr Caldwell, and I do so now. I did say that I believed the hatred of Mr Caldwell towards me arising out of Ma-chow Wong's conviction, would never cease, and I say so now. I recollect some three or four years ago having a conversation with Mr Caldwell, in which it was mooted between us, that an arrangement by which he would be Superintendent of Police, and I Registrar General, would be very pleasant.
I have owned houses which were occupied as brothels to my knowledge, but not with my consent. I did all in my power to turn the brothel-keepers out, but was unsuccessful by reason of the then defective state of the law in that respect. I asked additional powers from the Executive, but I received none. This matter was inquired into by the Government at the time, and they expressed their satisfaction with my conduct. I believe, but do not know, that Mr Caldwell refused to increase his salary; I know he applied for an increase, but on reconsideration I think he left the service because he purchased the Eaglet.
FREDERICK WOODS,-Recalled.
Referring to my answer when previously examined, as to whether I had bought land from Mr Caldwell in Taipingshan, I have to state, that I did not purchase land of him, but that I did purchase at auction lots 206, 263, and 264, which were, I believe, Mr Caldwell's property in November last year. The part which I stated as mortgaged remains being paid, and have no reason for supposing I shan't be paid. My grounds for believing that there was a brothel on lot 206, is the fact that every house in Taipingshan is more or less a brothel.
Cross-examined,—I believe that Assow and Lum Ateen did come to me before or after-I think after-Mr Caldwell spoke to me of the purchase.
(19)
Re-examined, It was within a fortnight after the Western Market sale [in November last] that I resold one of the shops to a Chinaman through Mr Caldwell. I have sold no more land this year to Mr Caldwell, or through him to a Chinaman. I explicitly told the Colonial Treasurer and Attorney General, that I had not sold any lots to Mr Caldwell this year, either to himself or through him as agent. Mr Caldwell has no interest in any purchase of land by me this year. I had a section of lot 209 which I bought at Public Auction in the latter part of last year. At the time I bought it, it was in the name of Sheik Moosdeen. The section was sold at Public Auction, about a fortnight after the fire, and the transfer was made within a fortnight after that time; it was sold to Achong, the P. & O. comprador. I never heard Mr Caldwell's name in the matter.
LEUNG ATAI,-Called and examined.
I am aware that a relation of mine has lately wished to sell to Mrs Caldwell two shops, numbered, I think, 331 and 332. They were entrusted to me for sale. I first went to Mr May, who could not give me the price I asked. I saw Mr May himself. I do not know a woman called Aoi. Mr May only offered $400 and odd, and I asked upwards of $500. I afterwards went to Sze-kai's shop; Sze-kai asked me where I had been; I said that I had been to Mr May's about the sale of my relation's houses. Sze-kai and I went to my relation, and Sze-kai dealt personally with him, but I was not present. I know that Sze-kai has bought the houses, because I asked my relation when Mr May requested me, and my relation told me they had been sold to Sze-kai's mistress, who is Mrs Caldwell, for $500, of which $400 had been paid, and the remainder was to be paid when the ground lease was divided. This was about ten days ago.
Cross-examined,-I went to the Central Police Station to see Mr May; I was never offered $420 or any other sum by a Chinese woman in European clothes or any other female for the houses. When Mr May saw the houses, he said they were old and broken down, and not worth so much. I do not know whether Mr May wanted to buy the houses for himself, or as agent for any one. My relation is called Tong Achew, and lives a little way below the Police Station.
MARIA,-Called and examined.
Three doors from my house there is a house which formerly belonged to Mr Caldwell, and which I heard was sold in the middle of last year. On the 19th April, I paid the ground rent to Lum Ateen. When Mr Richaecker was here I paid the ground rent to him; afterwards for about two years to Mr Caldwell; and the last six months rent to Lum Ateen. Lum Ateen came to me for the ground rent about the beginning of February last, when I said I had not the money. I think that my house is Number 72 or 76, but I am not sure. The reason I pay ground rent to Lum Ateen is, that my house is in the same lot with his, that he has more ground than I, and that he collects it. In October or November last, Mr Caldwell and Ateen told me, that Ateen had purchased them, and that I was to pay the rent to him. I told Mr May that the shops formerly belonged to Mr Caldwell. Mr May's question was, "Are these houses Mr Caldwell's;" I said "Yes," and he then went away. When I said this to Mr May, I did not recollect that Ateen had come for the rents. Lum Ateen gave me the receipt, and he is the landlord; Lum Ateen came to my house for the rent. About April or May 1857, Mr Caldwell was going to sell all his houses; and I went to him and asked him to sell me one of them, and he told me that he would only sell them all together. Mr Caldwell never wanted to buy from me.
Adjourned till Noon, 9th June.
SEVENTH DAY.
Wednesday, 9th June, 1858, at 12 o'clock Noon.
Present,-All the Members.
On the termination of the proceedings on the 7th instant, the Hon'ble the Attorney General handed in a letter of protest, against the manner of taking the evidence of the Chinese, as being wholly favourable to Mr Caldwell.
From this opinion of the Honorable the Attorney General the Commission entirely dissent.
[Mak Afook's account books of rents received produced.]
J. MONGAN, Assistant Chinese Secretary,--Called and examined.
There is no entry in either of these books from which it may appear upon whose account the rents have been collected.
MAK AFOOK,-Called and examined,
The rents of which there are entries in this book are in respect of the 22 houses, and of one of the other three.
LUM ATEEN, Recalled.
[Produces five documents in Chinese: being copies of ground leases and mesne assignments, and also the receipt of the Colonial Treasurer for £2.2s.5d. received on the 26th February 1858, from Mr Caldwell, on account of Chew Alai, in respect of lots 238, C, 240, and 250; also, like receipt on the same date for £8.14s.7d. from Mr Caldwell on account of Lum Ateen, in respect of lots 179, 241 B, 241 C, 242 B, and 262, also of receipt on the 15th December 1857 by F. Woods of $1,500 from Lum Ateen, as part of purchase-money of lots 206, 263, and 264, sold to him for the sum of $3,000, with an agreement that the balance shall remain on security of the premises at interest; also, the receipts given by F. Woods to Lum Ateen for the interest on the said sum of $1,500, from the 15th December 1857 to the 31st May 1858; also, an acknowledgment by Siemssen & Co. of the receipt by them on the 9th September ...
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in Peel Street, and a Barber, next door but one to her house, who gave me information in answer to an inquiry of mine on this subject on the 11th or 12th of May last, should be called.
This inquiry was a voluntary one, and the result was communicated to the Attorney General. I never employed any person directly to make inquiries. I gave a suggestion, not a direction, to Lyons, about ascertaining from the who they considered were the owners. I inquir- occupants, ed of Lyons if he knew if Mr Caldwell owned any property in Taipingshan. He said, "I do; he owns lot 206." I ask- ed him how he knew it, and he said Mr Caldwell had ac- knowledged himself to be the owner to him, when he had occasion to go to Mr Caldwell on business as Inspector of Nuisances. Inspector Roberts is a member of the Police force, and has made inquiries concerning the Ma-chow Wong branch of the inquiry; he has not done so by my direction, but in the pursuit of his inquiries he has acted upon my advice, as to the mode in which he should conduct them. Precisely the same remark applies to Lyons. I think it would be imprudent in the present stage of inquiry, were I to give the names of others from whom I have sought information regarding the Ma-chow Wong branch of the inquiry.
Cross-examined,-I have been on terms of acquaint anceship, but not intimacy, with Mrs Caldwell, since she
resided at the Police Station-for about six years back. 1 went to their house on the occasion of their giving parties, Within the last six years, since my family went to England, I may have dined 3 times with them on Christmas days-but not more than 3 times. During the time I was on these terms with Mr and Mrs Caldwell, I believed that she had been taken out of a brothel but by this I do not mean that I believed she was in any way connected with the business of a brothel, but only an inmate of one. Her manners and demeanour, and the management of her household, were always marked by strict propriety of conduct, and were those of a gentle woman; but the inherent character of the Chinese, derived from education, manners, and custom, are not in my opinion in her, more than in any of her country women, eradicated by her marriage with Mr Cald- well. By inherent character, I mean the making use of position and power to obtain return for services rendered. The inquiries I made, the evidence I have given, and suggestions and advice I have offered, were not prompted by any private motives, but from the desire for the public Food-morality was not the subject of my thoughts. I re- member in 1851 giving Mr Strachan information, which induced him to write an article in his paper regarding Mr Caldwell's informant, in reference to an attack on the steamer Hongkong. I know that the statement in the ar- ticle was proved to be untrue. Mr Caldwell wrote a letter to the China Mail on the subject, and I reported that cir- cumstance to the Governor. The result was a written apology from Mr Caldwell to me, relative to his conduct, I have it at home, and can produce it. I thought Ma-chow
but not half-a-dozen times otherwise.
Wong was the informant; and this was one of the two occasion on which I had a quarrel with Mr Caldwell. I was officiating as Registrar General and Protector of Chinese for five or six years up to the time that Mr Caldwell was ap- pointed to those offices,-I have never since then expressed a desire to be appointed Registrar General. About eight or nine months ago, when I had a conversation with the Acting Colonial Secretary on the subject of Police, I stated that if it was considered by H. M.'s Government, that it would be for the interest of the public that Mr Caldwell should have the Superintendence of the Police, I would most gladly take the office of the Registrar General; I expressed no wish, but said it rather in irony than otherwise. I did not ask it in the slightest degree as a favour to myself. I did not say that such an arrangement would be the means of putting a stop to any hostility on my part towards, or dis- putes between, myself and Mr Caldwell, or anything to that effect. I have emphatically disavowed on many occasions, and I believe then, all hostility to Mr Caldwell, and I do so now. I did say that I believed the hatred of Mr Caldwell towards me arising out of Ma-chow Wong's conviction, would never cease, and I say so now. I recollect some three or four years ago having a conversation with Mr Caldwell, in which it was mooted between us, that an arrangement by which he would be Superintendent of Police, and I Registrar General, would be very pleasant.
I have
pecuniary benefit to me. I do not know what Mr Caldwell's I spoke to Mr Mercer about it. There would have been no salary is; my salary is £575, horse and quarters. owned houses which were occupied as brothels to my know- ledge, but not with my consent. I did all in my power to turn the brothel-keepers out, but was unsuccessful by reason of the then defective state of the law in that respect. I asked additional powers from the Executive, but I received
none.
This matter was inquired into by the Government at the time, and they expressed their satisfaction with my conduet. I believe, but do not know, that Mr Caldwell
refused to increase his salary; I know he applied for an resigned his appointment in 1855, because the Government
increase, but on reconsideration I think he left the service because he purchased the Eaglet.
FREDERICK WOODS,-Recalled.
Referring to my answer when previously examined, as shan, I have to state, that I did not purchase land of him, to whether I had bought land from Mr Caldwell in Taiping-
but that I did purchase at auction lots 206, 263, and 264, which were, I believe, Mr Caldwell's property in November last year. The part which I stated as mortgaged remains being paid, and have no reason for supposing I shan't be on the security of deeds. I have no anxiety about not
paid. My grounds for believing that there was a brothel on lot 206, is the fact that every house in Taipingshan is more
or less a brothel,
Cross-examined,—I believe that Assow and Lum Ateen did come to me before or after-I think after-Mr Caldwell spoke to me of the purchase.
( 19 )
Re-examined, It was within a forthnight after the pays the whole with my part. I knew that the three Western Market sale [in November last] that I resold one
houses next me used to be Mr Caldwell's. In September of the shops to a Chinaman through Mr Caldwell. I have sold no more land this year to Mr Caldwell, or through him to a Chinaman. I explicitly told the Colonial Trea- surer and Attorney General, that I had not sold any lots to Mr Caldwell this year, either to himself or through him as agent. Mr Caldwell has no interest in any purchase of land by me this year. I had a section of lot 209 which I bought at Public Auction in the latter part of last year. At the time I bought it, it was in the name of Sheik Moosdeen. The section was sold at Public Auction, about a fortnight after the fire, and the transfer was made within a fortnight after that time; it was sold to Achong, the P. & O. comprador. I never heard Mr Caldwell's name in the matter.
LEUNG ATAI,-Called and examined.
I am aware that a relation of mine has lately wished to sell to Mrs Caldwell two shops, numbered, I think, 331 I first and 332. They were entrusted to me for sale. went to Mr May, who could not give me the price I asked. I saw Mr May himself. I do not know a woman called Aoi. Mr May only offered $400 and odd, and I asked upwards of $500. I afterwards went to Sze-kai's shop; Sze-kai asked me where I had been; I said that I had been to Mr May's about the sale of my relation's houses. Sze-kai and I went to my relation, and Sze-kai dealt personally with him, but I was not present. I know that Sze-kai has bought the houses, because I asked my rela- tion when Mr May requested me, and my relation told me they had been sold to Sze-kai's mistress, who is Mrs Cald- well, for $500, of which $400 had been paid, and the emainder was to be paid when the ground lease was divided. This was about ten days ago.
Cross-examined,-I went to the Central Police Station to see Mr May; I was never offered $420 or any other sum by a Chinese woman in European clothes or any other female for the houses. When Mr May saw the houses, he said they were old and broken down, and not worth so much. I do not know whether Mr May wanted to buy the houses for himself, or as agent for any one. My relation is called Tong Achew, and lives a little way below the Police Station.
MARIA,-Called and examined.
Three
I reside a little below Mr Strachan's house. doors from my house there is a house which formerly belonged to Mr Caldwell, and which I heard was sold in the middle of last year. On the 19th April, I paid the ground rent to Lum Ateen. When Mr Richaecker was here I paid the ground rent to him; afterwards for about two years to Mr Caldwell; and the last six months rent to Lum Ateen. Lum Ateen came to me for the ground rent about the beginning of February last, when I said I had not the money. I think that my house is Number 72 or 76, but I am not sure. The reason I pay ground rent to Lum Ateen is, that my house is in the same lot with his, that he has more ground than I, and that he
or October last, Mr Caldwell and Ateen told me, that Ateen had purchased them, and that I was to pay the rent to him. I told Mr May that the shops formerly belonged to Mr Caldwell. Mr May's question was, "Are these houses Mr Caldwell's;" I said "Yes," and he then went away. When I said this to Mr May, I did not recollect that Ateen had come for the rents. Lum Ateen gave me the receipt, and he is the landlord; Lum Ateen came to my house for the rent. About April or May 1857, Mr Caldwell was going to sell all his houses; and { went to him and asked him to sell me one of them, and he told me that he would only sell them all together. Mr Caldwell never wanted to buy from me.
Adjourned till Noon, 9th June.
SEVENTH DAY.
Wednesday, 9th June, 1858, at 12 o'clock Noon.
Present,-All the Members.
On the termination of the proceedings on the 7th instant. the Hon'ble the Attorney General handed in a letter of protest, against the manner of taking the evidence of the Chinese, as being wholly favorable to Mr Caldwell,
From this opinion of the Honorable the Attorney General the Commission entirely dissent.
[Mak Afook's account books of rents received produced.]
J. MONGAN, Assistant Chinese Secretary,--Called and examined.
There is no entry in either of these books from which it may appear upon whose account the rents have been collected.
MAK AFOOK,-Called and examined,
The rents of which there are entries in this book are in respect of the 22 houses, and of one of the other three.
LUM ATEEN, Recalled.
[Produces five documents in Chinese: being copies of ground leases and mesne assignments, and also the receipt of the Colonial Treasurer for £2.2 5. received on the 26th February 1858, from Mr Caldwell, on account of Chew Alai, in respect of lots 238, C, 240, and 250; also, like receipt on the same date for £8.14.74 from Mr Caldwell on account of Lum Ateen, in respect of lots 179, 241 B, 241 C, 242 B, and 262, also of receipt on the 15th December 1857 by F. Woods of $1,500 from Lum Ateen, as part of purchase-money of lots 206, 263, and 264, sold to him for the sum of $3,000, with an agreement that the balance shall remain on security of the premises at interest; also, the receipts given by F. Woods to Lum Ateen for the interest on the said sum of $1,500, from the 15th December 1857 to the 31st May 1858; also, an acknowledgment by Siemssen & Co. of the receipt by them on the 9th September
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