CO129-074 - Lieut. Governor Caine & Sir Robinson - 1859 [6-12] — Page 360

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not recollect how it was put to me by the Attorney Gen- eral, it may have been as to how the connection was reported to have existed at the time of my first statement, and not as a reiteration of my belief in my statement at that time. I recollect the Attorney General inquiring whether Awoon could be found to be produced as a witness, and my saying that she could be found in Tai- pingshan. I do not recollect whether this was before or after the meeting of Justices. I am decidedly of opinion, that I must have mentioned it to the Attorney General as

the original story. The Attorney General may have

Akee pretended it to be. I did not observe that Ma-chow Wong exhibited any confusion upon this. I differed in opinion from Captain Rickett, and based it on that of the Colonial Surgeon. I don't recollect about the flogging, but believe that Ashing and Cock-eye have been in prison frequently for larcenies, and it is likely enough they were flogged-such persons are likely to know the notorious characters employed by Chinese Government officers, and sent by Chinese Government officers to this Colony--they are the most likely to know of any class of men. Ashing is at present in Gaol upon a charge of conspiracy, in con- nection with his services in Government. Ashing gave asked me whether Awoon or the present Mrs Caldwell was intended. I don't recollect how the conversation information against a merchant in the Lower Baazar, and commenced, and I may have answered to those questions. some person residing in a new street in the Queen's Road, My restatement might have led the Attorney General to

which led to the Police forcibly entering their respective the impression, that I was under the same belief as when houses at midnight. I have not entered in my Journal I originally made the statement. I certainly did not in-

any of the information given me by Ashing; it had no tend to convey such impression to the mind of the Attorney reference to Gaol affairs, but was simply temporary General, for after the statement of Mr Caldwell, I could

measures of the Government for the public safety of the not weigh his oath in open Court as light as popular colony. I recollect Beaver, who was charged with piracy. rumour. As far as my recollection goes, I adhere to all Beaver was several times up in my office. I rather think the statements made in my letter except on this point. there was an investigation in Beaver's case, and that I Upon hearing it now read over, I adhere to it throughout, was not present. I think I was present when Roberts with the exception of what I have mentioned.

I do not

was once examined in Beaver's case. I recollect an inves- recollect the Attorney General stating to me with reference tigation taking place, not with respect to Mr Lapraik's to a case, that he would not find a bill upon the unsup- watch, but with respect to the Acting Colonial Secretary's ported evidence of convicts prepared by Mr Caldweil. I own watch, which was stolen. Ma-chow Wong has have a recollection of the Attorney General having stated requested me to send for Mr Caldwell, and I have done something to that effect referring to a case. I recollect 80, I recollect first when Ma-chow Wong was committed Mr Caldwell coming to the Gaol to examine convicts. I to gaol, be requested to see Mr Caldwell, and, 1 think, have sent notes to him on more occasions than one, at the

I did sent or writte to Mr Caldwell mentioning the fact. instance of the Acting Colonial Secretary. I cannot say

It was before his trial, I think, and, I think, was for the how many times he may have come on such business. purpose of seeing him concerning his defence, which is a He had several interviews by the Acting Colonial Secre- privilege granted to all prisoners committed for trial. tary's authority, and the other occasions when he came forget whether he applied to me for the permission, but for the purpose of examining prisoners, may have amount- Mr Caldwell has seen him on some occasions since his ed to half-a-dozen times, or perhaps more. I have a very trial. I wrote once to Mr Grand-Pré a request from Eli had recollection as to dates—and without referring to my Boggs wishing to see him, but I did not give any permis- books, I could not say that he has not been there in the

sion. I rather think that I have the order of admission early part of the year he has not been lately, I can't filed, under the hand of the Acting Colonial Secretary. say that I said I was much embarrassed by Mr Caldwell's Mr Grand-Pré did see him. I have heard since that Boggs caprice-arrest and liberation of persons under the deport-wished to see Mr Grand-Pré, to give an account to him of ation ordinance, but I recollect perfactly well of complain- a visit that had been paid him, Boggs, by Mr Lyons, then ing of the number of prisoners sent in on Mr Caldwell's Inspector of Nuisances, relative to evidence which he, warrant. I said words to that effect, although these are Lyons, was collecting on the subject matter of the inquiry probably stronger than I would use. I recollect perfectly before the Commission-inquiring into the connection be- well animadverting on the practice of sending in prisoners, tween Ma-chow Wong and Mr Caldwell. I recollect all and detaining them for lengthened periods of time untried, the circumstances of the case alluded to, in which a large by Mr Caldwell, In consequence of that minute they number of men were sent into Gaol on Mr Caldwell's were nearly all discharged almost immediately after warrant, but I think I mentioned at the time I had a writ- there may have been one or two remaining. I think we have received other prisoners on Mr Caldwell's warrant, any of the prisoners in that particular case upon the written ten order from Government, authorising me to discharge but there have been no more minutes nor liberations, order of Mr Caldwell. It was a special case—therefore Ma-chow. Wong has not been long off work and in hospital the Hon'ble the Attorney General must have misunder- ou pretence of a bad eye. He is a hospital servant, and stood me, in as far that the order was special and not not off work-though I believe he is almost blind, I general-applying to one case. These were one batch of recollect the circumstance of Captain Rickett having ex- pressed an opinion that the eye was not so blind as Wong discharged by Mr Caldwell's written orders from time to men brought in under Ordinance 2 of 1857, and were

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time in one and two or more. I recollect having a con- | In a conversation with Mr May a few days after I had versation at my office with Mr May regarding the desire the depositions, I mentioned to him that I considered the of the political prisoners to mix up Ma-chow Wong in first case was the safer and surer of the two; he differed the case, so that he might derive some advantage from it. from me, and drew my attention to some points of direct As far as I remember, I stated that I did not consider Ma- evidence in the second case, which changed my opinion. chow Wong's assistance of much value at the time, but It is the practice for the judge to arrange the order in that evidently he was endeavouring to place himself on which the charges come up; the Judge seeing in the first case an information covering both confederacy and con- the same footing as the political prisoners, so that he might derive advantage equally with them from the re- spiracy, and also seeing on the back of the information the names of many persons as witnesses, whose names were ward which they expected for their service to Government.

also on the back of the information in the second case, thought this information for confederacy and conspiracy covered both cases, and under that impression he put first on the calendar. I had entered a nolle prosequi on the prisoner having been sentenced to 15 years' transpor-

JOHN RICKETT.-Called and examined.

I wish to state that I dislike being examined on this matter. It is about 40 years since I first came to China. I cannot say positively when I first heard of, or saw Mrtation. Caldwell; I heard of him 20 years ago. I decline answer- ing the question whether Mr Caldwell's reputed character was good or bad 20 years ago, when I first heard of him, I did not know him at the time; I was living at Macao,

and he at Canton.

it

From what I have since heard, I think it was fortunate that course was adopted, because I have heard there was a defence to the particular points which linked the circum- stantial evidence in the second case with the prisoner. I was not ordered by the Governor or Government to enter that nolle prosequi; I think the judge from the bench said "Well, Mr Acting Attorney General, as you have got a verdict in this case I suppose you won't proceed with the other;" to which I replied "No, my Lord, I enter a nolle prosequi." The Jury were in the room for about 20 minutes, and while they were in, there was a conversation between the Judge on the bench and Mr Day and myself at the bar, as to whether I should proceed immediately with the second case, in case the jury returned a verdict of acquitted, or whether the court should rise and adjourn for a couple of days. (I think it was close on the mail time, and inconvenient to the jurors.) I said I was ready to proceed with the case immediately, but there were a good many witnesses, and I did not expect to have it con- cluded in less than two days. Mr Day said that he was ready to go on at once too, that he was better prepared in that case than in the other; in the midst of this the jury came in with the verdict of guilty; the Court then rose. I went over to the Club, and there in the hall of the Club I met the Acting Colonial Secretary. "Well," says he, "I should say you're glad of that verdict; it saves you some trouble." I said I was never better pleased in my life, as I was utterly worn out.

HENRY KINGSMILL,-Called and examined. I prosecuted Ma-chow Wong on behalf of the Crown in the first case. I drew two informations for the case of confederating with the pirates connected with the Macao lorcha No 29, I think. There was a particular class of evidence that I wished to get in, and for that reason I drew an information for confederating with pirates, with a count for conspiracy. Fearful lest that information might be objected to on the ground of combining two charges, I drew another simply for confederating for the same case or circumstances; but in the host of depositions taken before the Magistrates, there was a second and totally distinct case included; for that case I drew the third information for confederating. The facts support- ing the two cases were mixed up and down throug- hout the whole of the depositions, and I had a great deal of difficulty in selecting, and I might say allotting, the evidence between the two cases, I may also mention, that in the case of the Macao lorcha No 29, there were from 15 to 20 pirates, I think, placed in the Dock in the Magistrate's Court at the same time with Ma-chow Wong, and the evidence of great numbers of the witnesses applied in one portion to these pirates, and in the other portion to Ma-chow Wong. The pirate case was well known to me,ney General in favour of Ma-chow Wong. I felt perfectly

for, at the preceding Sessions, I prosecuted four men I think to conviction for the case of the lorcha, and at this particular Sessions having, as I have said, some 15 or 20 other men charged with the same offence—the facts of this case were very prominently in my mind; the evidence in it affecting Ma-chow Wong was purely circumstantial, and I considered I had pretty well mastered the details and bearing of that evidence; at first I did not pay so much attention to the second case against him, as to this par- ticular one; the evidence in the second case was also mainly circumstantial.

Whilst I had the conduct of this case, there was no pres- sure made upon me either as Grand Juror or Acting Attor-

free in the matter. I had a conversation before the depos- tions came into my hands with the Acting Colonial Secre- tary. He said that this was likely to prove a complicated case, that he thought I would act wisely to sift it carefully, and thoroughly make up my mind before I would bring a lengthened case of this kind before the Court, on insuffici- ent evidence. He expressed no opinion of the evidence at all, nor as to the innocence or guilt of the accused, but he said he thought there was a good deal of personal feel- ing in the matter. I understood that he meant between Mr. May and Mr Caldwell. I don't think he mentioned and

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