CO129-074 - Lieut. Governor Caine & Sir Robinson - 1859 [6-12] — Page 356

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was the only instance in which 1 knew any delegation of the power of liberation.

down, I think, from the Ningpo Consulate, in 1855, - Dr Winchester, to give evidence against pirates. He was paid The 70 alleged rebels towed to Kowloong by the Auck his expenses. The case ended in acquittal, and he remain- land, and handed over to the Mandarins, were so handeded here and was paid his expenses for another month, I over by order of the Governor. I won't be positive one way think, to see if any further evidence could be had. It was or the other, but if my mind leans either way, it is to the opi- on my recommendation that this was done. Mr Caldwell nion that Mr Caldwell was averse to the men being sent had nothing to say to it. 1 cannot be posetive as to what over to Kowloong. It is my impression, that he and II said to him, so far back as 1855, but I have no doubt differed on the subject. I decline to answer whether the that I said to him, concerning the case in which he was Governor's instructions were in writing. The whole of giving evidence, that if he gave his evidence fairly, he would not be prosecuted for it. I never had anything to say to him regarding any other case except that. I do not remember having had any conversation with Mr Caldwell regarding Eli Boggs in 1855.

this matter having been referred to the Secretary of State, and decided by him, I decline to answer any question concerning it, which does not refer to Mr Caldwell's con- duct. For the purpose of procuring Ma-chow Wong's pardon, there was a petition from the Chinese, presented through Mr Caldwell, as all other Chinese petitions are. Mr Day, as Counsel, and Mr Stace, as Solicitor, also moved in the matter, and Mr Caldwell himself was interested. I wished to withdraw the investigation of Ma-chow Wong's case from Mr May, because I considered that Mr May acted entirely as a partizan in the matter throughout. I gave the Acting Attorney General no instructions regarding the case. I ordered the Acting Superintendent of Police, I think, to liberate Ma-chow Wong's house and shop from the custody of the Police. I do not distinctly remember at what stage of the proceedings I did this, nor whether before or after conviction. I must have spoken to the Governor on the subject before I did anything. I may as well

state, that as far as concerns my own ideas, I never, until after the trial, had any doubt that Ma-chow Wong was guilty of the offence with which he was charged.

I have not, within a short time since, enterred a respect- able Chinese shopkeeper's house, and withdrawn on dis- covering my mistake. In consequence of instruction from the Governor, I gave certain instructions to the Superintendent of Police, who carried them out.

I was not present when the entry was made. Mr Caldwell knew nothing of this, and had no more to say to that matter than any member of the honourable Commission.

Adjourned till to-morrow at 12 o'clock.

SIXTEENTH DAY,

Tuesday, 29th June, 1858, at 12 o'clock, Noon.

Present,-All the Members, except Mr Scarth. WILLIAM THOMAS BRIDGES.-Cross-examined. The books of Ma-chow Wong were referred to Mr Cald- well and Mr Mongan, upon the petition for his pardon be- ing presented, before the article in the China Mail appear-

My conversation with Mr Grand-Pré concerning the re- lease of the shops, is, as far as I can recollect, correctly stated by Mr May. It is my impression that the Governor was certainly empowered to order these shops to be given up. I do not know whether Mr Caldwell made any actioned, and before Mr May's memoranda were heard of. They

in the delivery of the shops. I wished to keep myself as clear as possible.

were referred to Mr Wade. Mr Caldwell made a report of his and Mr Mongan's examination, then appeared an ar- ticle in the China Mail which differed materially from Mr Caldwell's report. Mr Dixson was then requested to at- tend the Council, to give the sources of his information for that article he referred to Mr May as his authority. Mr May produced the memoranda, which were then for the first time heard of by any Member of the Council, and the question at issue between Mr May's memoranda, and Mr Mongan and Mr Caldwell's report, was referred to Mr Wad. Then Beaver was apprehended--a translation was made by Mr Wade of the papers found on Beaver, and on their translation was the question of the petition in Ma- chow Wong's favour decided. They were referred to Mr in the memoranda were considered at that time all import- Wade by the Governor in Council, because the statement

ant, and if true, they would have had a great effect on my mind. There was also another question apart from Ma-

Mr Grand-Pré made some remark to me about Poliee- men being taken off their duty, to attend to these houses, and it was to relieve the Police, and not on account of Mr Caldwell, that I ordered them to be given up. I have not, on Mr Caldwell's recommendation, employed a man nam- ed Ashing as a spy. I never, to the best of my recollec- tion at the present moment, employed any man as a spy, neither Cock-eye nor any others, though they have been so employed, but through Mr Inglis, Governor of the Gaol, I have never consulted Mr Caldwell, regarding the employment of any such men. The only time when have had anything to say to any agent of Mr Caldwell's was when the 70 men were sent to Kowloong, upon which occasion he sent a man. I have never consulted Mr Caldwell regarding the propriety of employing spies.

I think in the year 1853 or 1854, I was retained in a case either for or against--I cannot say which--Wong chow Wong-as to whether Mr Caldwell and Mr May

Akee. I did not know at that time that Wong Akee and Ma-chow Wong were the same man. Eli Boggs was sent

I

were credible persons, or which of them. No report from Mr Wade was ever received. I spoke several times to him

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While the interest of Mr Caldwell.

As far

for a report, by order of the Governor.

I cannot, from my own knowledge, in the matter continued unebated a report was expected answer whether the prisoners were discharged within a from him, but Mr Wade went up to Canton, and had week after that minute was made. I know that it came several other matters to attend to, and the matter gradually to my knowledge, and directions were given to Mr Inglis died away. The applications for the report were continued

on the subject. I do consider it the duty of a detective to after the productions of the papers found on Beaver. Mr put all prima facie cases in train for trial, but there is no Wade told me that he had so much to do, that he could such thing as a detective here: it is the duty of all persons not give any time or attention to the report, and that is

not to obstruct their being so put in train. That is most how I explain its not having been produced. What Mr certainly the duty of the Protector of Chinese and Superin- Mongan says, about the order for the destruction of the

tendent of Poliee, but not of Justices generally. In answer- The order was given .papers, is substantially correct.

ing the question why I applied the term "partizanship" shortly ofter Mr Wade's departure for the North.

with reference to Mr May, on the occasion of my last giv ing evidence, I would say, that having been Crown prose- as I had anything to say, Mr Mongan came in to me, and said "What's to be done with the books and papers." i

cutor here for nearly three years, I have been enabled to said he had better ask the Governor, and he told me the form an accurate knowledge of the manner in which Mr Governor had desired him to ask me; then I said, "They May generally conducted Police investigations, or assisted are mere rubbish, and had better be burnt," or words to in getting up cases; and having found him pursue an en- that effect. 1 had not from any quarter whatsoever at tirely different course so far as regards activity and energy this time, received information that they might be im-in Ma-chow Wong's case, from what I had ever seen or portant. I had no hint from any one-and if I had had the remotest idea, that they would have proved important in any way, should not have ordered their destruction. never had any hint from Mr Caldwell; nothing ever pass ed between Mr Caldwell and myself on the subject.

I believe that Mr Caldwell was not in the Government employ as interpreter in the end of 1855. I am under the impression that he ceased to be interpreter when he left the Government service in June or July, 1855. I was out of the colony the whole of 1856, except the first fifteen days, and the last six, and have no knowledge whether a subsequent application in that year for promoting Mr Caldwell to a higher office was rejected in Downing Street, before the 22d November, 1856.

I hand into the Commission the original report of Mr Wade, under date 27th October, 1857, upon the document found in the possession of Beaver.

known him shew in any other case: knowing the bitter spirit that he had for many months past shewn towards Mr Caldwell, and believing that Ma-chow Wong was made but the cause to attack Mr Caldwell--because Mr May, during my tenure of office, had never brought Ma-chow Wong's crimes or conduct to my notice in any way,—I came to the conclusion, which 1 still adhere to, that Mr May was actuated with regard to the getting up of the case against Ma-chow Wong, by the private feelings of a partizan.

To the best of my belief I never, without consulting the Governor, ordered the release of prisoners or their property--- their persons certainly not. Having had time to think over the question of the liberation of the property of Ma-chow Wong, I think that I did give directions to Mr Grand-Pré as to taking away the Police from the premises without consulting the Governor, and I should do the same thing again under similiar circumstances, having been directed by His Excellency not to trouble him about question of Po-

lice details of which I considered this to have been one.

I decline to answer the question whether I have, with- out reference to the Governor, liberty of action as Colonial Secretary, under the Government Memorandum of January last; or whether the Secretary of State has sanctioned or even seen that memorandum.

Subsequently to September last, the question of a pardon of Ma-chow Wong has never come before His Excellency or the Executive Council; the subject was mooted to myself once, by my late Comprador, it was relative to the of some prisoners from the Gaol, and he asked

escape me, if Ma-chow Wong's friends brought the prisoner back to Gaol, whether Ma-chow Wong could procure a pardon. An offer of mitigation of sentence was made to another prisoner in the Gaol, whose sentence was mitigated in consequence of effecting the capture. I told the Com-in prador that nothing would get Ma-chow Wong's liberation. I added, that neither would I do anything myself, nor did I think the Governor would pardon him under any circum- stances. That is the only time, and this the only person, when and with whom I have spoken concerning Ma-chow Wong's pardon, subsequent to September 1856. I think it was from Mr Caldwell himself, that I understood it was he who arrested Beaver. I remember a minute being made in the Gaol book by Mr Anstey and Mr Lyall, or somebody else, regarding the commitment of certain prisoners. I cannot take upon myself to state whether the minute said they were all committed under the warrant

All Chinese petitions for pardon or commutation are set t either through Mr Inglis or Mr Caldwell,—if from pri- soners, through Mr Inglis; if from prisoners' friends, through Mr Caldwell. It is the custom to refer them sometimes to the Chief Justice for his report. They are referred to the Chief Justice I should say, eight times out of the ten, the other two out of the ten consist of petty cases, and cases which it has been already determined not to pardon. I do not remember, since I have held office,

a single Supreme Court case, in which such an application

was not referred to the Chief Justice. I do not allude to such a case as that I mentioned just now, of a mitigation of punishment in consequence of services rendered in the recapture of prisoners. It is very seldom, if ever, that