CO129-074 - Lieut. Governor Caine & Sir Robinson - 1859 [6-12] — Page 352

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your to bring before the Commission persons who will Grand-Pré in conversation; and, was then told, that the testify to the facts 1 mention.

Adjourned till 12 o'clock to-morrow.

FOURTEENTH DAY.

Thursday, 24th June, at 12 o'clock, Noon.

European Constable who had charge of Ma-chow Wong had immediately before made known that certain large bribes had been offered him by Ma-chow Wong. One of the bribes was offered to induce the Constable to allow the prisoners an interview with Mr Caldwell. I did not con- sider the prisoner so secure at the Police Station as I thought necessary, and sent him up to the Gaol.

I did not know that the papers which had been sent to Government Office had not been returned to the Police un-

Present,-All the Members, except the Honourable Mr Cleverly, whose place in the chair was taken by the Hon-til I heard of their destruction at Government Office, there-

ourable Mr Davies.

ANGUS FLETCHER,-Called and examined.

I formerly had a partner named Innes, who has been dead many years. I believe Mr Caldwell was once in Mr Innes's employ. I do not know of my own knowledge why Mr Caldwell was discharged. I am one of the oldest residents in China, and have known about Mr Caldwell, otherwise than as employed by Mr Innes, for some time, I did not know anything of him beyond that he was a little thoughtless; this was nearly twenty years ago. do not recollect having ever heard any accusation brought against him.

fore the papers given up could only have been those belong- ing to the Kwong Yik Loong [Ma-chow Wong's] shop. 1 recollect that Mr Grand-Pré said that Mr Caldwell had, by, I think, a note which he had in in his hand, applied for the papers of Ma-chow Wong, and I am not quite so cer- tain, but I think Mr Grand-Pré said something about Dr Bridges having authorised their being given up. I am cer- tain that some property remained in the hands of the police, and I have no doubt this property was given up by Mr Grand-Pré, who therefore can give evidence upon it. I have asked both Inspectors, but they can give me no infor mation upon this. I do not know whether I was at that time Acting Assistant Magistrate, or Acting Superintend- ent of Police, I have endeavoured to find out who gave

I do not know under what circumstances Mr Caldwell left my late partner; he left before I joined him. I be-up the property at the Police Station, and the Inspectors lieve he was Clerk or Book-keeper with him. I never heard a word from Mr Innes, nor from any one else, as to the circumstances under which Mr Caldwell left Mr Innes's employ.

have told me that they did not, and that therefore it must have been Mr Grand-Pré.

I am certain that those papers given up were the Kwong Yik Loong papers, because the others have been destroyed. [The Attorney General having been informed that nei- It now strikes me that I have heard that some of the pa- ther to himself nor to any of the public could printed co-pers, which were deposited at the Supreme Court, were pies of the evidence be furnished, but that he was at liber-given up; upon this head Mr Masson can give evidence ty to inspect them in the room, and that copies of his own I think I can produce a witness who saw the first wife evidence would be furnished, requested that a minute of Ma-chow Wong go into Mr Caldwell's house within the might be made that he had not had any of the fasciculi last two months. I did hear that Ma-chow Wong's wife since the third, and had therefore had no opportunity, and had found a refuge in Mr Caldwell's house. I heard it now should have none, of correcting in his own copy, and from more than one; amongst others, from Toug Akü the suggesting to the Commission for correction in theirs Interpreter. such of the errors in the evidence as taken as he was able to correct, as well as of offering suggestions for examina- tion of witnesses]

CHARLES MAY,- Recalled.

I saw Mr Caldwell go into the Chief Magistrate's room with the bail, on the occasion of Ma-chow Wong's being bailed by order of the Chief Justice; this is the extent of my knowledge. I do not recollect how many bail there were, and do not know if the Chief Magistrate desired Mr Caldwell to be present on the occasion. I heard that the

Chief Magistrate had had a communication with Mr Cald-

About the notoriety of the pirate Po-pak Shing, Assow, the Police Court Interpreter, who told me more than twelve months ago that this man was a notorious pirate,

Shing and Ma-chow Wong, and the buying off of the wit- can give evidence. As to the connection between Po-pak

nesses, I hand in the name of a witness who can give evidence.

very of the house or shop.

There was no written order given by me for the deli-

dust robbery, when I delivered up the gold dust to Mr At the time spoken about in connection with the gold well on the subject, but did not know what it was. the night of Ma-chow Wong's apprehension on my warrant, of Police. I do not know whether I was applied to as On Caldwell, I do not recollect whether I was Superintendent I gave special orders as to his custody, and that he should being Superintendent of Police, or Acting Sheriff; I rather be under the special care of a European Constable, to the think it was as Acting Sheriff. Achak, a clerk in the Re- exclusion of the usual Chinese Constables who watch the gistration Offiee, can say who were the securities in the cells. At half-past ten o'clock at night, or later, I went inci-gold dust affair. I do not know whether the petition re- dentally to the Charge room, and saw Mr Caldwell and Mr ferred to in the gold dust affair is in existence, and do

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Mr Caldwell himself told me that the boat of which he

not remember whether I gave it back, or whether it was filled. I do not know the man who brought the petition. had command was manned by Chinese, he did not say by

Cross-examined.-A man deposed at the Supreme Court Europeans and Indians. I know from what he told me that Ma-chow Wong had offered him $1,000, to abstain that he had command at different times of two boats, one from giving evidence so far as it referred to the indentifica- of which was decked, and I should think a schooner, be- cause he told me of his having been nearly drowned in the tion of one of the prisoners, the Captain of the boat I think.

cabin. The threat of personal violence was deposed to in the Su-

I taxed my memory as far as I possible could with re- preme Court. I was not Mr Dixson's informant as to Mr gard to the memoranda, and I cannot recollect more minute- Stace and Mr Caldwell having got permission to take away ly than I stated. The memorandum number 8 in Mr Cald- well's report does not agree with number 8 in my evidence; there was only one paper, as I have stated with regard to No. 9. There might have been one Johnson, but there

the

I did not tell Mr Dixson, what he states in papers. his evidence with reference to the taking away the books and papers by Mr Caldwell and Mr Stace, excepted as I

now state. I told Mr Dixson that Mr Caldwell and Mr Stace had examined the books and papers at the Police Station, and that my impression was that Mr Caldwell had received the books and papers from the Police Station.

I remember about Graham, because he was a Graham. was subsequently imprisoned for felony. He was Sheriff's Officer and robbed a boat. Now I recollect, there were two letters from the Kowloong Commandant,-one to Ma. [chow Wong, and one to his partner. I have an impression in my mind that there were very many more important matters not referring to Mr Caldwell, only shewing the bad charac- ter of Ma-chow Wong, in my memo.-I placed the menio. in the Chief Magistrate's hands, and read it to the Acting Attorney General. I had given it up before the Attorney On General returned, but I told him of it since his return.

Saturday the Prisoner was opprehended, on Monday the Attorney General was in the Police Court for the last time, and then only one-sixth of the memoranda had been ex-

I have not the slightest doubt that I told the Honourable the Attorney General what my impression was prior to my knowledge that the books and papers had been destroyed, -that the books and papers of Ma-chow Wong which were at the Police Station had been given up. I remem- ber the sailing of the Phoebe Dunbar with the deported persons. I was Acting Sheriff at the time, and sent in a list to Government of all persons who were then in Gaol under warrants of Justices of the Peace or Stipendiary Ma- gistrates, coming under Ordinance 2 of 1857, viz., persons dangerous to the peace and good order of the Colony. I have no copy of the list, and know that it is in the records of the Gaol, There were other names on the list, put on by order of the Government, and these persons were those who had been summarily convicted, and it was by the Co- lonial Secretary's order-I believe a verbal one, that these whom. At the time of the taking of the memorada, and were included in the lot. I think 163 men went away in the Phoebe Dunbar of these some were persons held un.

: der warrant of Stipendiary Magistrates or Justices of the Peace, under Ordinance 2 of 1857, and amongst this num-

tracted. I did not see the Attorney General again until his return from Culcutta. I am not certain whether I read them or shewed them to Mr Dixson. I am quite certain that I must have told other persons, but I cannot recollect

up to the time of my knowledge of the attempt to obtain a pardon of Ma-chow Wong, inasmuch as the memoranda did not refer to the cases for which the prisoner was tried, I had not any idea that the memoranda would be a sub-

ber were persons apprehended at two particular seizures, ject of import. The memoranda were written in a style viz., persons apprehended on Bonham Strand, and called in which I would write a draft for a letter; they were scribbled. It was singular that the memorada were not upon to give an account of themselves and find security destroyed. I am sure that Roberts told me that he had those who did not give an account of themselves and did found about 36 guns on board the supposed Alma. I am not find security being included in the list; the other sei- not sure whether he said that Mr Caldwell told him that zure was, I think, men apprehended by Mr Caldwell, and the lorcha belonged to him then, or had belonged to him. all who could not give the same account and security as I do not recollect Mr Caldwell searching with me for the aforesaid were also included in the list. The other class security papers in the gold dust affair. I have not the I searched for them were the offenders summarily convicted of petty larcenies, slightest recollection of his doing so. and suspicious characters under the vagrant act, without re-myself, I had the general management of the deportation, ference to the term of their imprisonment; these prisoners being Acting Sheriff at the time. The list of persons to under ny were other than misdemeanants, These persons were com- be deported was made out by me or by persons

I believed the list to comprise all prisoners of the mitted to Gaol upon the Magistrate's warrant, this list was orders. Inade out, and an order given by the Governor for their de- classes before mentioned. I had no knowledge of any one portation. Mr Caldwell did not make out the list, nor did fact relating to one prisoner nore than to another.

made the seizure on Bonham Strand; those who could he take the men off to the Phoebe Dunbar. I think I re- ported to the Government that the persons named in the not find security, and were included in the list, were very list came within the meaning of Ordinance 2 of 1857, and likely beggars, but I can't say that they were. I do not the Government approved the list. I don't think that I had think that Mr Caldwell was present when I searched for any letter of instructions from the Governor as to the mak- the security papers, after the petition had been presented. I think it was Roberts who apprehended Beaver. I do ing out the list.

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