CO129-074 - Lieut. Governor Caine & Sir Robinson - 1859 [6-12] — Page 364

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release of a perjured witness in the Supreme Court could be sustained in law or not, and whether the man was or was not entitled to his discharge; there was another case, where one of this Honourable Commission had been visited with heavy penalties under the Chinese Passengers' Act, that also was referred to me to determine whether the penalties ought to be—not remitted, but reduced; and the fourth case is that now referred to by Dr Bridges, of a reference to me yesterday irregularly made through the Crown Solicitor, and not through the Acting Colonial Se- cretary, of the propriety of mitigating the penalties incur- red by an offender against the Post-Office acts, after judg- ment signed on cognovit. I consider after the unmis- takeable intimation of yesterday. that I am under the heavy displeasure of the local Government, and unfit either altogether or in general, to advise in cases of pardon or mitigation. My deep respect for His Excellency ought to compel me to abstain from obtruding an unwelcome advice in such matters, and to wait till I am sent for. I refrain the more carefully, because I have always, as Dr Bridges knows, objected to the transaction of official business by him with myself in an irregular manner, and that it has at least once happened, that by officialising my reply to his written communication not amongst the Government re- cords, which I did by way of protest against what I con- ceive a dangerous irregularity, I have made it necessary for the Government to apply to me for a copy of the un- recorded document, in order to have it entered upon record, Such a case is that of a letter of the 16th March, 1857. not recorded till the 18th of the same mouth, when I re-used, remained for a time in my custody. A petition was turned it to Government Offices to be copied for that purpose. In another case I sent a copy myself. I content myself with appealing to the whole tenor of my public and private life, in this and another hemisphere, so far as it is known to the few in this island whom I respect, or whose good opinion I seek to maintain, as to whether it is possible for me, without changing my moral and intellectual na- ture, to be guilty of those aberrations from truth, distortions of facts with malignant purpose, and deliberate calumnies against personal character, which, although made in my hearing to-day, I shall not honour by repudiating. No

All the books from the Police Station were handed to man has ever charged me with that want of proper ap

Mr Grand-Pré with the exception of those I now produce- preciation of, or nice respect for, the reputation of my office, ber Mr Caldwell being present. Mr Grand-Pre shewed Mr Grand-Pré must have received them. I do not remem- or of the humble individual who fills it, which deficiencies have been justly declared to amount to a deficiency in Secretary, advising him to apply for the books. I refused to me on the first occasion, a note from the Acting Colonial integrity itself, I need not add, that by no court of honour deliver then on that occasion, until I should have consult- have I been tried, and, my personal evidence being tender-ed the Chief Justice; with the exception of those sent away ed, weighed, and found wanting, declared guilty of such conduct. No man has ever charged me with having the case are now produced.

on that occasion, all the books and papers connected with reserved for a more convenient season my defence against imputations, whensoever, wheresoever, and by whomso-last Queen's Birth day, when Mr Caldwell sat on the other I was sitting next to Mr Kingsmill at the Governor's table ever cast, upon my fair fame and credit. Nobody has charged me with having patronised and protected against the sharp edge of the law the iniquities of subordinates, whom it was convenient to count amongst my satellites. Nobody has charged me with having, either in person or

by deputy, dissuaded or made the endeavour to dissunde nervous, doubting, unwilling witnesses from appearing before a court like this,—a court of honor, if the reputation of the person accused be concerned,-

-a court of great political import, if the good of the community, the credit of the Government, and the responsibility to opinion and to law, of every servant of the State from His Excellency down to Mr Grand-Pré, be matter of public concern. body has charged me with encouraging the accused by precept or by example to raise technical, quibbling, pet- tifogging objections, to the reception of evidence before such & Court, and so to base his hopes of immunity not upon the moral conviction of his innocence, but upon the diffi- culty of wresting from the grasp of an unwilling Govern- ment the legal proofs of his guilt. And finally, nobody has accused me much less convicted me, of seeking my own escape from public odium and contempt, in the des- truction of public records of which I was the custos, and which contained the damning evidence of my own com- plicity, or that of my subordinates, with thieves, resetters, murderers, and pirates.

NORMAN RAMSAY MASSON, Acting Registrar to the Supreme Court,—Called and examined.

I remember the trial of the case in which Ma-chow Wong was convicted. There were two informations and three cases. There was a vast number of books sent in from the Magistracy to the Supreme Court, several of which were used as evidence on the trial, and several not. Atfer the trial had concluded, the papers used, as well as not

handed in to the Chief Justice, in which it was intimated that the Governor, and, I think, the Acting Colonial Secre- tary, had authorized the delivering up of the papers. I spoke to the Chief Justice, and Mr Grandpre took the documents out of Court, and gave me this receipt for them :-

["Received books 1, 2, February 5, 1858.

4, 5, 6, 7, and 8-8 books,

A. GRAND-PRE.”]

side of Mr Kingsmill. I think I heard two or three times tioned. I did not hear all that was said. My impression throughout the conversation Ma-chow Wong's name meu-

could only hear snatches of the conversation. was that Mr Caldwell was condemning the verdict. I

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ALEXANDRE GRAND-PRE, Collector of Police Rates, Court that morning, and called in at Mr Caldwell's office --Called and examined.

to pay him a visit; as I walked in he said, "You are the very man I want to see;" he said "here's an order from the Acting Colonial Secretary to deliver up the books and articles taken from the Kwong Yik Loong shop to the Police Station."

On the 15th July, 1857, I was Acting Superintendent of Police. I remember meeting Mr May on that day, and telling him I had a case against Ma-chow Wong. Upon hearing Mr May's statement as to my having a charge against and arresting Ma-chow Wong, I confirm the same; but I wish to state, that I made during that time inquiries regarding the case, and found from what I could see at the time, that Ma-chow Wong was not guilty in respect of that case; and I knew that I could find him at any time

When I was Assistant Superintendent of Police, a man belonging to the shop brought a note to the Police Station from Mr Caldwell, and I delivered up the articles, having previously seen the petition. I am not certain whether I consulted Mr May, nor whether I received instructions I wanted after his calling upon me, because he then stated from Mr May to give them up. There was only one where I could find him; and he was found the next

Chinaman came, a man whom I had previously arrested

morning by Mr Jarman, who had a warrant, I believe, in the shop; no Europeans,-neither Mr Caldwell nor

issued by the Magistrate for his apprehension.

Regarding what Mr May says about the delivery of the shops, I think I recollect telling Mr May, that I was direct- ed by the Acting Colonial Secretary to deliver up the shops, but I do not recollect the Acting Colonial Secretary I was so directed by the being present when I did so. Acting Colonial Secretary. There was no subsequent ar- rangment that the family residence of the prisoner should be given up, and the shop kept in possession of the Police, The family house opposite the shop in the Central Market was given up, but the shop itself, and the Kwong Yik Loong shop, remained in the custody of the Police. remember the occasion of the gold-dust robbery, and that 1,000 taels of gold remained in possession of the Police after the trial. I remember a petition for the return of the same to the claimants. The gold-dust was

in my custody at the Old Police Station. I had the key of the chest in which it was kept. I got an order from Mr May to give it up. Mr May said to me, "You may give up the gold-dust to Mr Caldwell. About seven or eight Chinaman, who said they were passengers in the boat from which it had been stolen came to Mr Caldwell's office in the western room of the Old Central Station. The gold was brought into that room by me, and deliver- ed to Mr Caldwell. When I so delivered the gold-dust, there were, besides myself and Mr Caldwell, two Chinese clerks present in the office. I do not know if Mr May I think it was was present, and do not think he was.

that morning I received the order from Mr May, and delivered the gold-dust about 12 o'clock. I think it very likely that Mr May was upstairs in his room when the gold-dust was delivered, After the gold-dust was weigh ed, seven taels were returned to me by Mr Caldwell, be

I believe I cause, I think, one of the men was absent. heard Mr May conversing with Mr Caldwell about the gold dust three or four days before it was given up, but do not recollect what was said. I subsequently delivered the seven taels to Mr Caldwell, without any order in ad- dition to my first order to deliver the whole, I am not certain that I did not get another order to deliver the seven tacls; my impression is that I did not. I remember going to the Supreme Court on the 5th February this year, and getting from the Registrar 8 of the books of the Kwong Yik Loong shop. I had something to do at the Supreme

Stace came. Idelivered up all the articles, some bundles, but no books or papers. Subsequently I went to Mr Masson with the petition, and received the books and papers on the 5th February, as mentioned in the receipt. I remember, since this inquiry began, some time in May, receiving a letter from Boggs through Mr Inglis, to the effect that he wished to see me in Gaol. I took the letter to the Acting Colonial Secretary, who indorsed an order on it for my admission into Gaol. I went and saw Boggs ; an European turnkey was present during the interview. Boggs asked me if I knew what had become of a tin box containing some papers found in his possession when he was apprehended. I said that the whole of the papers connected with his case were given up to the Supreme Court at the time of the trial. He went on to say that he had been asked to come forward to give evidence against, Mr Caldwell, but he did not say by whom. He asked my opinion whether he should come forward and give the I said, "I have no opinion to give you. evidence or not. consult your own conscience." He again said to me "What do you think of it, should I go?" and I repeated He did not mention to me the name of the same answer. Inspector Roberts or Lyons, nor did he lead me in any way to imagine who the person was that asked him to give evidence.

I was at Boggs's trial, and recollect his reading from a paper something in his defence, criminatory of other people. I recollect the paper from which Eli Boggs read at his trial. It was stated by Boggs to be written by Mr Caldwell, and recommended Ma-chow Wong, Mr Cald- well's brother, to the care of the pirates. I have seen the paper; it was in my custody up to his trial, and was laid

When he was called on by me at the time of the trial on the Supreme Court table

This

paper paper. with the articles found on him. for his defence, he asked me for the was also brought up at the Police Court. He identified the paper as one taken from him, but did not read from it. It was I believe read in court by the Acting Registrar, and handed to the Jury in the box. I saw it put back into the tin box, which must have been taken back with the rest of the prisoner's property to the Gaol. I have not since seen the paper, which must either now be at the Supreme