០៩៥
351
( 50 )
not know that he had that paper then in his hand. And I am sure that the Chief Justice will regret the mistake as much as myself. I saw Boggs with the papers lying before him on the ledge in front of the dock. He did not hand in any papers to the Court.
given on a former occasion. His Excellency the Governor never suggested to me, that I should in any way interfere in the settlement of Mr Caldwell's private affairs; but in consequence of a conversation which I had with the Governor on the subject, the idea suggested itself to me.
Before sending in my letter of 13th May last, I read the passage about Ma-chow Wong's account books to Mr May, and asked him if it was a correct representation of the substance of the information obtained by him from the books and papers. He said "Yes" or I should have corrected it before sending it in. I believe Mr May will tell the Commission even now, that that is so, although it is also true that he has stated that his two memoranda did not contain an express statement that the funds out of which the money was paid was the produce of plunder.
I was Acting Colonial Secretary at the time of Ma-chow Wong's conviction. I am aware that Mr Kingsmill entered a nolle prosequi on the untried charge, and am certain that the Governor had nothing to say about it. I know that the Governor asked the Chief Justice, if Ma-chow Wong could not be tried on the second charge, notwithstanding the nolle prosequi if he consented to waive it, I certainly do not remember that the Governor said in the Legislative Council, that he had ordered the nolle prosequi to be entered, and do not believe that he ever said so.
Mr Caldwell left the service of Government in July 1855, and had, I think, just returned to Government employed in November or December 1856, when I arrived from home. From July 1855 until I went home, I was Acting Attorney General, and Mr Caldwell did not, during that time, to my knowledge, interfere with the Police. He was in command of the Eaglet, and was out of the colony the greater part of that time.
remand for I think a week. On Wednesday, the 22nd, embarked on board the Lancefield for Calcutta, and on the following morning sailed on the voyage. The Honourable the Colonial Treasurer, who came to take leave of me that morning, will tell the Commission, I have no doubt, that I spoke with great warmth to him about the disclosures of the previous Monday, with reference to Mr Caldwell's money transactions with the pirates, and the frequent entries of his name in the pirate's books.
CHARLES MAY,--Recalled.
Some months subsequent to the conviction of the Stanley traitor, several petitioners presented themselves at the Police Court, while I was Acting Assistant Magistrate, and made representations differing one from the other on the subject of a man who had been the principal witness in the treason case: some of them representing that the man had been carried off, and others that his family had been carried off. I ascertained from the petitioners, that they knew nothing other than from hearsay, and directed them to bring me something in the shape of positive information. This principal witness was a man well known by character to me, inasmuch as the Police had been a long time in search of him, on a charge of burglary and rape; and subsequent to the trial for treason, I directed inquiry to be made with a view to binding over the witnesses in this case of burglary and rape; but, in consequence of the lapse of time since the offence, failed in doing so.
WILLIAM THOMAS BRIDGES.-Called and examined.
My impression is, that the Chief Justice suggested a nolle prosequi. I remember the meeting of Executive Council, when Mr Dixson and Mr May were examined. Mongan was called in on that occasion, I think that Mr May was not in the room when Mr Mongan gave his evidence.
Mr Dixson had given his evidence. Mongan was sent for, and was leaving the room, as Mr May came in. Mr Dixson stated, that he got his information from Mr May, who had got it from the books. The Governor then said, that that could not be, as Mr Mongan had examined the books, and found nothing of the kind in them. Mr Mongan was then sent for, and gave his explanation of what he found in the books, and on his leaving the room Mr May was sent for to corroborate the statements made by Mr Dixson, on which he came in, and produced the two memoranda for the first time. He had not been in the room before.
I have no remembrance of Mr May giving me the papers, nor of having them in my possession. Mr May may have given me the memoranda, but if so, I did not retain possession of them, and they must have been handed over to the Clerk of Councils. Mr Wade never made any report to me as Acting Colonial Secretary, of the contents of the books and papers, and after the Executive Council had determined not to pardon Ma-chow Wong, did not intend to make any. The production of the memoranda before Council had by no means any effect on the minds of the Council, as to the refusal of a pardon to Ma-chow Wong. About four months previous to this, the Governor of Macao had sent over one or two paper books, in which appeared the names of certain men, who had been acting either with the pirates or with the Imperialists, in opposition to us.
I desire to correct the evidence I am reported to have given. Among them was a man named Beaver. Mr Caldwell had received instruction from the Government to arrest Beaver, if ever he was found on shore. After the meeting of Executive Council last referred to, Mr Caldwell came to office, stated that he believed Beaver to be in the town, and asked whether the previous instruction as to his arrest stood? Having got my orders from the Governor, I directed him to arrest Beaver at once. He afterwards informed me, that he had arrested Beaver, and taken him to Police Station, and from somebody or another connected with the case either Mr May or Mr Caldwell, I don't know whom.
Mr Caldwell never...
I was not in office at the time of the deportation of suspicious characters by the Phebe Dunbar, but am prepared, from the examination of official documents, to speak as to the matter.
Mr Mercer, on the 25th January, I think, wrote a letter to the Superintendent of Police, requesting him to prepare a list of persons to be deported, giving certain directions as to the classes of people to be included. During that month the Executive Council appears to have met every day, and on the two or three next days after this letter was written, I observe it stated on the Minutes that the Superintendent of Police had not furnished a list. On a subsequent day it is stated, that a list prepared by the Superintendent of Police was laid before the Council, examined, and approved of, and directions were given to the Superintendent of Police to carry out the deportation, with reference to the persons included in that list.
The only allusion which I can find to Mr Caldwell in the matter, is, that it appears the Superintendent of Police had seized some rebel chiefs, and Mr Wade writes to Mr Mercer, stating that Mr Caldwell had been to him, urging how very injudicious a step it would be in those troubled times, to quarrel with the rebel party, by deporting their chiefs. Mr Wade coincides with Mr Caldwell, and recommends that these men should not be deported, and, according to a subsequent letter, they were not deported.
When I came into office, I found it to be the rule that officers were to arrest persons of a suspicious character, and that is all that I know with reference to the power to arrest. With reference to the power to release, there had been on one occasion certain bad characters arrested, who, the Government decided, were to give bail in $20 each, and then to be discharged. Mr Caldwell was to report on the sufficiency of the bail, and, to obviate a reference in each particular case, the Governor of the Gaol was told, that when Mr Caldwell reported the bail to be sufficient, his particular batch of men might be discharged. That
( 51 )
being a receiver of stolen goods. I laid the letter before the Governor, and received his instructions to take such steps as I might deem necessary. I had some conversation with Mr Inglis on the subject, and then sent for Mr Caldwell. I wrote a letter to Mr May, desiring him to have Mr Jarman and some men ready the following morning at daybreak, to go over to the other side. Mr May did not send any men but Mr Jarman. Accompanied by Mr Caldwell, Mr Jarman, and some police, a house was visited on the other side; we then returned to this side, and I left Mr Jarman and Mr Caldwell at a house on this side. A watch was, I believe, kept at a house on this side.
The case was afterwards investigated at the Magistracy. I did afterwards see Mr Caldwell in the Governor's house in the Gaol, and Roberts having been found on Beaver. I remember the Governor speaking on the subject, and his words had no reference whatsoever to Ma-chow Wong's papers, Mr May's memoranda, or to Mr Wade's certificate, the latter never having existed; but solely to the documents found on Beaver, and which determined the decision of the Council. Mr Anstey's statement regarding Mr Wade's conversation with him on the subject of the papers, does not induce me to hesitate in the evidence I have given. It is impossible that he could have said anything of the kind. The translation of Beaver's papers were sent in either in October or November.
Regarding Mr May's evidence in page 43. Mr Inglis, the Governor of the Gaol, forwarded a letter from a man called Pan Poi-yeen, making certain charges against a Chinaman, as having been implicated in the gold-dust robbery, of which he had been himself convicted, and of
for one had made up my mind, notwithstanding I considered the verdict an unfair one, not to interfere with it, and therefore I should move the Council that the sentence against Ma-chow Wong be in no way interfered with. The rest of Council concurred, and that was the whole of it. Mr Wade's translation of the documents gave the name of Ma-chow Wong. On the 15th February, I recollect it as being the day the French Captain was buried, I was with Mr Wade three or four hours. We had some talk about the Ma-chow Wong case, and I distinctly understood from him that he had made no investigation of the books, and had no intention of doing so. I may add, that to refresh my memory on the subject, I have spoken to the Governor, who says that he also had some conversation with Mr Wade, and that he understood he had no intention of making examination of the books, as he considered the matter settled. I am sure the Attorney General has made a mistake with reference to what the Governor stated concerning the decision about Ma-chow Wong. I think he has been led into the mistake, by not being aware of
០៩៥
351
( 50 )
not know that he had that paper then in his hand. And I am sure that the Chief Jutice will regret the mistake as much as myshif. I saw Boggs with the papers lying before him on the ledge in front of the dock. He did not hand in any papers to the Court.
given on a former occasion. His Excellency the Governor never suggested to me, that I should in any way interfere in the settlement of Mr Caldwell's private affairs; but in consequence of a conversation which I had with the Go- vernor on the subject, the idea suggested itself to me.
Before sending in my letter of 13th May last, I read the passage about Ma-chow Wong's account books to Mr May, and asked him if it was a correct representation of the substance of the information obtained by him from the books and papers. He said "Yes" or I should have corrected it before sending it in. I believe Mr May will tell the Commission even now, that that is so, although it is also true that he has stated that his two memoranda did not contain an express statement that the funds out of which the money was paid was the produce of plunder.
I was Acting Colonial Secretary at the time of Ma-chow Something must be left to presumption; and where a Wong's conviction. I am aware that Mr Kingsmill enter- man carries on the business of a pirate, and pays hush-ed a nolle prosequi on the untried charge, and am certain money to a Government officer, the presumption is a very that the Governor had nothing to say about it. I know violent one, that he pays it out of the proceeds of plunder. that the Governor asked the Chief Justice, if Ma-chow I can supply the dates referring to Ma-chow Wong's Wong could not be tried on the second charge, notwith- appearance at the Police Court, which Mr May was not standing the nolle prosequi if he consented to waive it, quite able to supply. I agree that the occasion in question I certainly do not remember that the Governor said in the was on Monday, the 20th of June; then there was a
Legislative Council, that he had ordered the nolle prosequi to be entered, and do not believed that he ever said so. I
Mr Caldwell left the service of Government in July 1855, and had, I think, just returned to Government em- ployed in November or December 1856, when I arrived from home. From July 1855 until I went home, I was Acting Attorney General, and Mr Caldwell did not, during that time, to my knowledge, interfere with the Police. He was in command of the Eaglet, and was out of the colony the greater part of that time.
remand for I think a week. On Wednesday, the 22d, embarked on board the Lancefield for Calcutta, and on the following morning sailed on the voyage. The Hon- ourable the Colonial Treasurer, who came to take leave of me that morning, will tell the Commission, I have no doubt, that I spoke with great warmth to him about the disclosures of the previous Monday, with reference to Mr Caldwell's money transactions with the pirates, and the frequent entries of his name in the pirate's books.
CHARLES MAY,--Recalled.
Some months subsequent to the conviction of the Stanley traitor, several petitioners presented themselves at the Police Court, while I was Acting Assistant Magistrate, and made representations differing one from the other on the subject of a man who had been the principal witness in the treason case: some of them representing that the man had been carried off, and others that his family had heen carried off. I ascertained from the petitioners, that they knew nothing other than from hearsay, and directed them to bring me something in the shape of positive in- formation. This principal witness was a man well known by character to me, inasmuch as the Police had been a long time in search of him, on a charge of burglary and rape; and subsequent to the trial for treason, I directed inquiry to be made with a view to binding over the wit- nesses in this case of burglary and rape; but, in conse- quence of the lapse of time since the offence, failed in rloing so.
WILLIAM THOMAS BRIDGES.-Called and ex- amined.
My impression is, that the Chief Justice suggested a nolle prosequi. I remember the meeting of Executive Council, when Mr Dixson and Mr May were examined. Mongan was called in on that occasion, I think that Mr May was not in the room when Mr Mongan gave his
evidence.
Mr
Mr
Mr Dixson had given his evidence. Mongan was sent for, and was leaving the room, as Mr May came in. Mr Dixson stated, that he got his informa- tion from Mr May, who had got it from the books. The Governor then said, that that could not be, as Mr Mongan had examined the books, and found nothing of the kind in them. Mr Mongan was then sent for, and gave his ex- planation of what he found in the books, and on his leav ing the room Mr May was sent for to corrobate the statem- produced the two memoranda for the first time. He had ents made by Mr Dixson, on which he came in, and
not been in the room before.
I have no remembrance of Mr May giving me the pa- pers, nor of having them in my possession. Mr May may have given me the memoranda, but if so, 1 did not retain possession of them, and they must have been handed over to the Clerk of Councils. Mr Wade never made any re- port to me as Acting Colonial Secretary, of the contents of the books and papers, and after the Executive Council had determined not to pardon Ma-chow Wong, did not intend to make any. The production of the memoranda before Council had by no means any effect on the minds of the Council, as to the refusal of a pardon to Ma-cow Wong. About four months previous to this,the Governor of Macao had sent over one or two paper books, in which appeared the names of certain men, who had been acting either with the pirates or with the Imperialists, in opposition to us.
I desire to correct the evidence I am reported to have Among them was a man named Beaver. Mr Caldwell
( 51 )
had received instruction from the Government to arrest being a receiver of stolen goods. I laid the letter before Beaver, if ever he was found on shore. After the meeting the Governor, and received his instructions to take such steps as I might deem necessary. I had some conversa-
of Executive Council last referred to, Mr Caldwell came to office, stated that he believed Beaver to be in the town, tion with Mr Inglis on the subject, and then sent for Mr and asked whether the previous instruction as to his arrest Caldwell. I wrote a letter to Mr May, desiring him to stood? Having got my orders from the Governor, I direct- have Mr Jarman and some men ready the following morn- ed him to arrest Beaver at once. He afterwards informed ing at daybreak, to go over to the other side. Mr May did me, that he had arrested Beaver, and taken him to Police not sent any men but Mr Jarman. Accompanied by Station, and from somebody or another connected with the Mr Caldwell, Mr Jarman, and some police, a house was visited on the other side; we then returned case either Mr May or Mr Caldwell, I don't know whom
Mr Caldwell never
1 was not in office at the time of the deportation of sus- picious characters by the Phebe Dunbar, but am prepar- ed, from the examination of official documents, to speak as to the matter.
Mr Mercer, on the 25th January, I think, wrote a letter to the Superintendent of Police, requesting him to prepare
I received certain Chinese papers. These I sent to Mr to this side, and I left Mr Jarman and Mr Caldwell house on this side. A watch was, I believe, Wade for translation, and at the next meeting of Execu- at a
the case was afterwards investigated tive Council, Mr Wade produced such translation. From found, and it, it appeared that a squabble having broken out in the at the Magistracy. I did afterwards see Mr Caldwell in the Governor's house in the Gaol, and Roberts having been Piratical fleet, between a leader Mo-mee-ma, and some
the former owner of the lurcha in which the gold dust others of the gang, they had appealed to Ma-chow Wong for his decision, which decision had been given, and some robberry had been committed, I put some questions to him of them were unwilling to submit to it. On this transla-concerning the identity of the man. tion being read, I stated to the rest of the Council, that I originated the matter, and was as completely a subordinate
as Mr Jarman or any of the Police. for one had made up my mind, notwithstanding I consider- ed the verdict an unfair one, not to interfere with it, and therefore I should move the Council that the sentence against Ma-chow Wong be in no way interfered with. The rest of Council concurred, and that was the whole of it. Mr Wade's translation of the documents gave the name of Ma-chow Wong. On the 15th February, I recol- iect it as being the day the French Captain was buried, Ia list of persons to be deported, giving certain directions as to the classes of people to be included. During that was with Mr Wade three or four hours. We had some talk about the Ma-chow Wong case, and I distinctly under-month the Executive Council appears to have met every stood from him that he had made no investigation of the books, and had no intention of doing so. I may add, that to refresh my memory on the subject, I have spoken to the Governor, who says that he also had some conversation with Mr Wade, and that he understood he had no inten- tion of making examination of the books, as he considered the matter settled. I am sure the Attorney General has made a mistake with reference so what the Governor sta- ted concerning the decision about Ma-chow Wong. I think he has been led into the mistake, by not being aware of
the
found on Beaver. I remember the Governor papers speaking on the subject, and his words had no reference whatsoever to Ma-chow Wong's papers, Mr May's memo- randa, or to Mr Wade's certificate, the latter never having existed; but solely to the documents found on Beaver, and which determined the decision of the Council. Mr Ans- tey's statement regarding Mr Wade's conversation withing to a subsequent letter, they were not deported, him on the subject of the papers, does not induce me to hesitate in the evidence I have given. It is impossible that he could have said anything of the kind. The trans- lation of Beaver's papers were sent in either in October or November.
Regarding Mr May's evidence in page 43. Mr Inglis, the Governor of the Gaol, forwarded a letter from a man called Pan Poi-yeen, making certain charges against a Chinaman, as having been implicated in the gold-dust robberry, of which he had been himself convicted, and of
day, and on the two or three next days after this letter was written, I observe it stated on the Minutes that the Superintendent of Police had not furnished a list. On a subsequent day it is stated, that a list prepared by the Superintendent of Police was laid before the Council, ex- amined, and approved of, and directions were given to the Superintendent of Police to carry out the deportation, with
reference to the persons included in that list.
The only allusion which I can find to Mr Caldwell in the matter, is, that it appears the Superintendent of Police had seized some rebel chiefs, and Mr Wade writes to Mr Mercer, stating that Mr Caldwell had been to him, urging how very injudicious a step it would be in those troubled times, to quarrel with the rebel party, by deporting their chiefs. Mr Wade coincides with Mr Caldwell, and recom- mends that these men should not be deported, and, accord-
When I came into office, I found it to be the rule that officers were to arrest persons of a suspicious character, and that is all that I know with reference to the power to arrest. With reference to the power to realease, there had been on one occasion certain bad characters arrested, who, the Government decided, were to give bail in $20 each, and then to be discharged. Mr Caldwell was to report on the sufficiency of the bail, and, to obviate a reference in each particular case, the Governor of the Gaol was told, that when Mr Caldwell reported the bail to be sufficient, his particular batch of men might be discharged. That
No comments yet.
Private notes are available after approval.