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I do not know whether I recollect upon whose information he was seized. I wrote to the Acting Attorney General, as to what I should do with the property. He at first told me to seize it,—that it was confiscated. This was at the Supreme Court after the trial. He afterwards told me not to seize it, and I understood him to say that he had referred the matter through the Acting Colonial Secretary to the Government, and, I am not quite so certain, whether the Government would not give him an order, or that they had given him an order to give it up. I should think Ma-chow Wong must have been worth $15,000 or $16,000. I have been told by Mr Caldwell that he was worth a very large amount, more than that; but that is my estimate. I do not know whether he was sole or part owner of the Kwong Yik Loong shop; I never referred to the Land Office books. The Supreme Court papers were sent up to the Government Offices. Mr Masson told me so. Those at the station were not produced at the Supreme Court; the principal entries in those papers referred to the 2d case, which is still untried.
I cannot recollect whether I personally delivered the bulk of the gold-dust to Mr Caldwell, nor whether I was present. I delivered it to Mr Caldwell, either myself or through Mr Grand-Pré. I don't recollect having any conversation with Mr Caldwell concerning a man, who Mr Caldwell said had been wrongfully deported; such a conversation may have taken place.
Re-examined,—The letter I wrote in July to the Acting Colonial Secretary refers to some of the contents of the memoranda. I was not present at the time of the examination of the books and papers of Ma-chow Wong by Mr Stace and Mr Caldwell, and do not know whether any others besides those already mentioned were present. In my letter of 20th July, I complained of Mr Grand-Pré not arresting Ma-chow Wong; the same morning, my letter being then, I believe, in the Colonial Secretary's hands, I referred to the complaint, as shewing the necessity for my taking a direct interest in the case. In reference to Mr Grand-Pré particularly, the Colonial Secretary asked "what do you want done with him?" I said, "I don't want anything done to him, I should like him to be told that he has done wrong; but as far as my opinion is concerned, I don't think it right to hold him responsible for anything he does or says in Police matters." I have not the slightest doubt that Mr Grand-Pré's statement to me was, that Mr Caldwell had applied to him, either by person or by letter, for the delivery of the papers and property of Ma-chow Wong. There was a small amount of property returned, and some money which had been seized. I know that Ma-chow Wong was the owner of the Kwong Yik Loong shop—that there was a large quantity of goods in it. I believe he was a partner in a pawn-shop; he was also part owner of a lorcha, and some other Chinese boats. I thought that it would have been a portion of my duty as Acting Sheriff to ascertain the extent of his wealth, and seize it for the crown.
I made application to the Acting Attorney General, inasmuch as the book exhibited an acquaintance between the prisoners and the pirates anterior to the date of the particular piracy. [Lyon's evidence read.] I know that Beaver was in the employment of Mr Caldwell from seeing Beaver's receipts. I know that Boggs was with pirates, and, I believe, that those pirates had communication, and were confederated with Ma-chow Wong. I have no direct knowledge of Boggs being in the employ of Mr Caldwell, or connected with the Eaglet. I have heard that the paper mentioned by Lyons is in existence.
[A note of what Mr May has heard regarding the paper mentioned by Lyons handed into the Chairman.]
I assisted the Attorney General in his cross-examination of Boggs, when he appeared as a witness in defence of pirates in 1856, with suggestions. I know that Boggs was in direct communication with Dr Bridges when Acting Attorney General, and as, in fact was, I considered, an agent for the discovery of certain pirates; he was in direct communication with the Police, and received money from the Government, I believe by the hands of Mr Grand-Pré. I used to see him very frequently in communication with Mr Grand-Pré, and he appeared to be on terms of familiar intercourse with him. I saw a note from Boggs to Mr Grand-Pré commencing "My dear Grand-Pré;" it was an open piece of paper put into my hands. I spoke to Boggs once or twice with a view to getting information from him, but, finding that I got nothing but moonshine, desisted: he spoke about Wong Akee, but said nothing upon which I should have considered myself warranted in acting. I have heard that so late as the Queen's birth-day, Mr Caldwell defended Ma-chow Wong, and expressed his belief that he was an innocent injured man.
I believe it was at the Governor's table to Mr Kingsmill. I cannot say anything respecting the pardon of convicts, or commutation of their sentence upon Mr Caldwell's application. I believe that the man charged with the felony of stealing the gun. The man charged with the felony concerning the watch was cleared partly by Mr Lapraik's testimony. I believe Tong Akü was prosecuted because of the interest he took, and the zealous assistance he rendered me in obtaining evidence, and allaying the fears of witnesses in the prosecution of Ma-chow Wong.
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I ought to have said that I dismissed the charge, and liberated them on bail—not heavy bail. I am certain I ordered the boats to be restored, although the note is silent as to that. I find also that the oath on which Mr Caldwell made the application was not his own oath, but that of his subordinate, Mr Grand-Pré, whom he brought for that purpose, and examined from the bench, as appears from the Record,—his object being to shew that both Mr Grand-Pré and Mr Caldwell had satisfied themselves as to the respectability of the prisoners. There is another point on which the Commission would perhaps wish my evidence. I know that the order for the embarkation of a number of the prisoners by the Phebe Dunbar was given en masse and at the last moment. The inspection of the prisoners took place in the Gaol yard in my presence, as a mere spectator, Mr Caldwell, Mr May, and Mr Cluff, directing it. I mention this because they sailed within a day or two afterwards, and had Mr Caldwell even then told me that the merchant was among them, I would have set the order of Council at defiance, and held the man to bail on the spot. With regard to the delegation of Government authority to Mr Caldwell, one of the honourable Commissioners will remember that when we were making our minutes in the visiting book of the Gaol, the Governor of the Gaol complained feelingly of his utter helplessness with regard to Mr Caldwell's prisoners. He stated they were brought in upon Mr Caldwell's warrant—that some would be detained, and others released, upon Mr Caldwell's authority, without any reason being given for one or the other.
I remember pointing out to Mr Inglis, the Governor of the Gaol, the illegality of the whole proceedings, and advised him to resist—on which he said that he had been desired—I think by His Excellency himself to consider Mr Caldwell as representing H. M.'s Government in all circumstances of that kind. I am sure it was Mr Inglis, the Governor of the Gaol, and not the Chief Warden—the visiting book will show. I told him the Governor had no power to authorize any illegal action. As I have said, all the then remaining prisoners were discharged within the week after we made the minute.
I had only two or three day's notice of the Phebe Dunbar's sailing. Mr Cluff was present when the prisoners were examined by me at the Gaol. I cannot recollect whether Mr Caldwell or the Attorney General was. At a subsequent period of the same year I was sent with upwards of 70 alleged rebels to Kowloong, with orders to surrender them to the Imperialists. I must have received those orders from the Acting Colonial Secretary, and they must have been in writing. I don't know whether the direction was a letter or a warrant. I have no doubt I have it. I obeyed the orders. The 70 men were towed over in boats by the H. C. steamer Auckland. I do not recollect on whose advice the men were surrendered. I heard by common rumour afterwards that the men were put to death by the Mandarins. Some of them had long hair, and clothes shewing that they were rebels. The list of persons to be deported was sent in the very day the prisoners were to be shipped in the Phabe Dunbar.
I have been privileged within the last two days by a Member of Council, to say that the Hon. the Secretary of State for the Colonies, Mr Labouchere, had written a despatch to the Governor, stating that it was his opinion that the Superintendent of Police should hold his office intact, and without any interference from the head of any other department, and that it would seem that the public service would be carried out better if there was no division of opinion between the heads of departments.
I believe Mr Caldwell arrested and liberated Chinese under the Ordinance, but I do not know whether he assumed to do so by delegation from Government. There are instances, but I cannot recollect them. When Mr Caldwell was out of the service, he used to come up to the Police Court, and interested himself in cases—sometimes for the prosecution, and sometimes for the defence. He sometimes also gave information to the Police, when he was in command of the Eaglet.
THE ATTORNEY GENERAL,—Recalled.
I wish to state that, on refreshing my memory by the note I took of the case of the 25 pirates at the time, instead of saying that I discharged the prisoners, I ought to have said that I dismissed the charge, and liberated them on bail.
ANGUS FLETCHER,—Recalled.
I believe I have heard that Mr Caldwell was employed by Mr Innes to smuggle opium in the Canton river—which was the custom of several merchants at that time.
Adjourned till Monday, the 28th inst., at Noon.
FIFTEENTH DAY,
Monday, 28th June, at 12 o'clock, Noon. Present,—All the Members, except Mr Scarth.
THE ATTORNEY GENERAL,—Cross-examined. Referring to my statement in page 6: it was certainly within four months after my arrival in this colony, that Mr Dixson spoke to me concerning Ma-chow Wong.
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I do not know whe-
not recollect upon whose information he was seized. Ition to the Acting Attorney General, as to what I should do do not know whether Ma-chow Wong gave it, the Gov- with the property. He at first told me to seize it,—that ernor of the Gaol can probably say. I think Roberts acted it was confiscated. This was at the Supreme Court after under Dr Bridges' orders; the matter was in the hands of the trial. He afterwards told me not to seize it, and I un- Mr Caldwell and Dr Bridges, and I did not interfere. I derstood him to say that he had referred the matter through received a letter from the Government directing that the the Acting Colonial Secretary to the Government, and, I orders given by Mr Caldwell to the Police in matters am not quite so certain, whether the Government would appertaining to the Chinese were to be obeyed as literally not give him an order, or that they had given him an order as if I gave the orders myself. I did not quite understand to give it up. I should think Ma-chow Wong must have the letter, because it did not appear to me to accord with | been worth $15,000 or $16,000. I have been told by Mr the powers vested in Mr Caldwell, as regarded the Police Caldwell that he was worth a very large amount, more by the Registration Ordinance. I have the highest legal than that; but that is my estimate. authority in this colony for stating, that if the powers given ther he was sole or part owner of the Kwong Yik Loong to Mr Caldwell by the letter exceeded those given by the shop; I never referred to the Land Office books. The Su- Ordinance, the exercise of such power is illegal, and that preme Court papers were sent up to the Government Offices. in fact no Government officer has a right to direct Mr Masson told me so. Those at the station were not the Police, but myself. It is not necessary for Mr Cald-produced at the Supreme Court; the principal entries in well to have a warrant to go into any Chinese house to those papers referred to the 2d case, which is still untried search and make inquiry. Mr Caldwell had as much power as I to arrest Chinese without warrant.
I cannot recollect whether I personally delivered the bulk of the gold-dust to Mr Caldwell, nor whether I was present. I delivered it to Mr Caldwell, either myself or through Mr Grand-Pré. I don't recollect having any conversation with Mr Caldwell concerning a man, who Mr Caldwell said had been wrongfully deported; such a conversation may have taken place.
me,
Re-examined,The letter I wrote in July to the Acting Colonial Secretary refers to some of the contents of the memoranda. I was not present at the time of the exami nation of the books and papers of Ma-chow Wong by Mr Stace and Mr Caldwell, and do not know whether any others besides those already mentioned were present. In my letter of 20th July, 1 complained of Mr Grand-Pré not arresting Ma-chow Wong; the same morning, my letter being then, I believe, in the Colonial Secretary's hands, I referred to the complaint, as shewing the necessity for my taking a direct interest in the case. In reference to Mr Grand-Pré particularly, the Colonial Secretary asked "what do you want done with him?" I said, "I don't want anything done to him, I should like him to be told that he has done wrong; but as far as my opi- nion is concerned, I don't think it right to hold him res- ponsible for anything he does or says in Police matters." I have not the slightest doubt that Mr Grand-Pré's state- ment to me was, that Mr Caldwell had applied to him, either by person or by letter, for the delivery of the papers and property of Ma-chow Wong. There was a small amount of property returned, and some money which had been seized. I know that Ma-chow Wong was the owner of the Kwong Yik Loong shop--that there was a large quantity of goods in it. I believe he was a partner in a pawn-shop; he was also part owner of a lorcha, and some other Chinese boats. I thought that it would have been a portion of my duty as Acting Sheriff to ascertain the extent of his wealth, and seize it for the crown.
I made applica-
inasmuch as the book exhibited an acquaintance be- tween the prisoners and the pirates anterior to the date of the particular piracy. [Lyon's evidence read.] I know that Beaver was in the employment of Mr Caldwell from seeing Beaver's receipts. I know that Boggs was with pi- rates, and, I believe, that those pirates had communication, and were confederated with Ma-chow Wong. I have no direct knowledge of Boggs being in the employ of Mr Cald- well, or connected with the Eaglet. I have heard that the paper mentioned by Lyons is in existence.
[A note of what Mr May has heard regarding the paper mentioned by Lyons handed into the Chairman.
1
I assisted the Attorney General in his cross-examination of Boggs, when he appeared as a witness in defence of pi- rates in 1856, with suggestions. I know that Boggs was in direct communication with Dr Bridges when Acting At- torney General, and as, in fact was, I considered, an agent for the discovery of certain pirates; he was in direct com- munication with the Police, and received money from the Government, I believe by the hands of Mr Grand-Pré. used to see him very frequently in communication with Mr Grand-Pré, and he appeared to be on terms of familiar in- tercourse with him. I saw a note from Boggs to Mr Grand- Pré commencing "My dear Grand-Pré;" it was an open piece of paper put into my hands. I spoke to Boggs once or twice with a view to getting information from him, but, finding that I got nothing but moonshine, desisted: he spoke about Wong Akee, but said nothing upon which J should have considered myself warranted in acting. I have heard that so late as the Queen's birth-day, Mr Caldwell defended Ma-chow Wong, and expressed his belief that he was an innocent injured man. vernor's table to Mr Kingsmill. I cannot say anything res- I believe it was at the Go-
pecting the pardon of convicts, or commutation of their sen- tence upon Mr Caldwell's application. I believe that
of stealing the gun. The man charged with the felony Achong (the P. & O. Comprador) compromised the felony concerning the watch was cleared party by Mr Lapraik's
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testimony. I believe Tong Akü was prosecuted because outght to have said that I dismissed the charge, and liber- of the interest he took, and the zealous assistance he ren-ated them on bail-not heavy bail. I am certain I order- dered me in obtaining evidence, and allaying the fears of ed the boats to be restored, although the note is silent as witnesses in the prosecution of Ma-chow Wong. I could to that. I find also that the oath on which Mr Caldwell not clearly understand as what the expression "ancient made the application was not his own oath, but that of his cash" in the notes meant, but it was always referred to by subordinate, Mr Grand-Pré, whom he brought for that those examining the books as a hyperbolical term-it was purpose, and examined from the bench, as appears from thought to be a kind of slang expression. Those who the Record,—his object being to shew that both Mr Grand- pointed it out to me said, that it was a very suspicious cha- Pre and Mr Caldwell had satisfied themselves as to the racter, and could not mean good. The Interpreter said he respectability of the prisoners. There is another point on had a difficulty in rendering the meaning of it. The com-
which the Commission would perhaps wish my evidence. mission might ask Assow about the matter. There was I know that the order for the embarkation of a number of no entry in my two memoranda to the effect, that certain the prisoners by the Phebe Dunbar was given en masse moneys had been or were to be paid out of the proceeds of and at the last moment. The inspection of the prisoners plunder to, or for, or on account of, Mr Caldwell. The took place in the Gaol yard in my presence, as a mere business of the chartering and despatch of the Phoebe spectator, Mr Caldwell, Mr May, and Mr Cluff, directing Dunbar was a very hurried and precipitate business. I it. I mention this because they sailed within a day or had only two or three day's notice of her sailing. Mr two afterwards, and had Mr Caldwell even then told me Cluff was present when the prisoners were examined by that the merchant was among them, I would have set the me at the Gaol. I cannot recollect whether Mr Caldwell order of Council at defiance, and held the man to bail on or the Attorney General was. At a subsequent period of the spot. With regard to the delegation of Government the same year I was sent with upwards of 70 alleged re-authority to Mr Caldwell, one of the honourable Commis- bels to Kowloong, with orders to surrender them to the sioners will remember that when we were making our Imperialists. I must have received those orders from the minutes in the visiting book of the Gaol, the Governor of Acting Colonial Secretary, and they must have been in the Gaol complained feelingly of his utter helplessness writing. I don't know whether the direction was a letter with regard to Mr Caldwell's prisoners. He stated they or a warrant. I have no doubt I have it. I obeyed the were brought in upon Mr Caldwell's warrant-that some orders. The 70 men were towed over in boats by the H. would be detained, and others released, upon Mr Caldwell's C. steamer Auckland. I do not recollect on whose advise authority, without any reason being given for one or the the men were surrendered. I heard by common rumour other. I remember pointing out to Mr Inglis, the Governor afterwards that the men were put to death by the Manda- of the Gaol, the illegality of the whole proceedings, and rins. Some of them had long hair, and clothes shewing advised him to resist-on which he said that he had been that they were rebels. The list of persons to be deported desired—I think by His Excellency himself to consider was sent in the very day the prisoners were to be shipped Mr Caldwell as representing H. M.'s Government in all in the Phabe Dunbar. I have been priviledged within circumstances of that kind. I am sure it was Mr Inglis, the Governor of the Gaol, and not the Chief Warden-the the last two days by a Member of Coucil, to say that the Hon. the Secretary of State for the Colonies, Mr Labou-visiting book will show. I told him the Governor had no chere, had written a despatch to the Governor, stating that it was his opinion that the Superintendent of Police should hold his office intact, and without any interference from the head of any other department, and that it would seem that the public service would be carried out better if there was no division of opinion between the heads of depart- ments. I believe Mr Caldwell arrested and liberated Chi- nese under the Ordinance, but I do not know whether he assumed to do so by delegation from Government. There are instances, but I cannot recollect them. When Mr Cald- well was out of the service, he used to come up to the Po- lice Court, and interested himself in cases-sometimes for the prosecution, and sometimes for the defence. He some- times also information to the Police, when he was in
gave command of the Eaglet.
THE ATTORNEY GENERAL,-Recalled.
I wish to state that, on refreshing my memory by the note I took of the case of the 25 pirates at the time, instead of saying that I discharged the prisoners, I
power to authorize any illegal action. As I have said, all the then remaining prisoners were discharged within the week after we made the minute.
ANGUS FLETCHER,-Recalled.
I believe I have heard that Mr Caldwell was employed
by Mr Innes to smuggle opium in the Canton river--which
was the custom of several merchants at that time. Adjourned till Monday, the 28th inst., at Noon.
FIFTEENTH DAY,
Monday, 28th June, at 12 o'clock, Noon. Present,-All the Members, except Mr Scarth.
THE ATTORNEY GENERAL,-Cross-examined. Referring to my statement in page 6: it was certainly within four months after my arrival in this colony, that Mr Dixson spoke to me concerning Ma-chow Wong. It
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