CO129-074 - Lieut. Governor Caine & Sir Robinson - 1859 [6-12] — Page 370

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Mr Caldwell. Lûn Cheong, the prisoner, said that during Ma-chow Wong's investigation at the Magistrate's Office, Ma-chow Wong's family was living with him, One day he went home and said to Ma-chow Wong's wife, that very likely Ma-chow Wong's case would be committed to the Supreme Court, and that Ma-chow Wong's wife was not pleased; he also said that some of the Sunon men had petitioned on behalf of Ma-chow Wong, and had gone round the town, to get shops' signatures; that he himself being a native of Sunon refused to go to get signatures. Because of this he says Ma-chow Wong's wife had an ill-feeling towards him; he said he believed that Ma-chow Wong's wife herself complained to Mr Caldwell, and for that reason he believes that he was prosecuted.

I was Gaoler at the time of Eli Boggs' trial, and attend- ed in Court as Gaoler on the occasion of his trial. I took down to the Supreme Court a tin box containing articles belonging to him. I received the tin box from the Police but do not recollect from which officer. It was placed on the table at the Court. I do not remember what was in it nor do I remember anything being taken out. I was pre- sent when Boggs made his defence. I think he had some papers in his hand. I don't remember whether he read from them. I am not certain whether the box was handed over to the Police after the trial. If it had been taken back to the Gaol, it would have been deposited in the Store-room. I have never seen it since. I do not remember seeing or hearing at the trial any paper containing Mr Caldwell's name read. I heard Mr Caldwell's name mentioned by Boggs in his defence.

I have heard from Kwei Ch'oi, a Chinese female, that she was sent for by Mrs Caldwell. Mrs Caldwell said, "people are saying that you gave me a gold bangle. Did you give it me or not.” Kwei Ch'oi, replied that she had not given her one. I have not heard of any other person being sent for.

Cross-examined,-I went to Kwei Ch'oi's house on the occasion I speak of. I visit her now and then. I think this was about a fortnight ago, but I heard the report from several other women before. I did not go to her house for the purpose of questioning her about this. I asked her whether she had put a gold chain into a loaf of bread, and sent it as a present to Mr Caldwell. She said "No." I asked about the gold chain, because I had heard of it. haven't heard about the intimidation of witnesses who were to appear before this commission, but judge from my own arrest. I told Mr May when asked that I was afraid to come before the Commission to say anything against Mr Caldwell; if I should, no doubt I would get into trouble. I also heard that a man conversing with another said, "I hear that Assow is going to give evidence against Mr Cald-gone, he appeared to be angry, and my reply to the best of

I

well; if he should, he will not get clear off himself." This man was the Chinese Sergeant of Police, Lo Ahing. I think it was about the beginning of last month that I was arrested.

Cross-examined, I recollect the examination in the Gaol Yard of the men who were sent to Hainan. There was a great number of men apprehended in Bonham Strand, some of whom were put in the Debtor's Gaol, and some in the Mill Yard. I remember a large number of these men being examined in the Debtor's Gaol Yard. I do not remember the Attorney General being present. I remember Mr May and Mr Caldwell. The prisoners deported to Hainan were mustered by Mr May-the list drawn up-and Mr May and Mr Cluff were present. I do not recollect the Attorney General or Mr Caldwell being present. Mr Caldwell came to me the day after, and inquired about two men who had been sent away, who ought not to have been sent. Mr Caldwell had nothing that I am aware of to do with the deportation of these men; it was conducted by Mr May, who was then Acting Sheriff and Superintendent of Police. Mr Caldwell mentioned the names of two men, but I do not remember the names. After I told him that they were

I was acting under the orders of my superior Mr May. my recollection was, that I could not help myself, and that

I made out a rough draft of the list of prisoners to be deported, and these were finally arranged by Mr May. This occasion, on the morning of their embarkation, is to LEORNADO D'ALMADA E CASTRO,--Called and my knowledge the only one on which the prisoners were examined.

I am Clerk of Councils and Chief Clerk in the Colonial Secretary's Office. I did not officiate as Clerk of Councils when the enquiry concerning Ma-chow Wong was being made by the Executive Council. My brother who is now sick officiated.

[The proceedings of the several meetings of the Execu- tive Council at which reference was made to the case of Ma-chow Wong were read to the Commission by permis- sion of His Excellency the Governor, from which it appear- ed that Mr Mongan was examined previously to Mr May and that the Council finally decided on rejecting the of the Petition for the release of Ma-chow Wong, upon a prayer perusal of the translation by Mr Wade of the papers found on Beaver; Mr Wade stating that he had not had time in any way to examine the papers referred to in Mr May's memoranda.]

ROBERT EDWARD MACKENZIE,-Called and exa mined.

mustered.

Re-examined, I have never as Gaoler had reason to remark or complain upon the great number of commit- ments or liberation on warrants signed by Mr Caldwell under the deportation ordinance. There was only one oc- prisoners. I think that about that time a great many casion on which we were very much overcrowded with prisoners were received from several justices. I think there were no more upon Mr Caldwell's warrant than upon others,

Mr Caldwell has never, during my service as Gaoler, interfered in any way with the Gaol, the priso- ners, or the officers. There was a difficulty in mustering the men for deportation, the names which some of them that Mr May called Mr Cluff to interpret. I did not see gave being different from those on the list, and I think Mr Anstey present.

CHARLES MAY,-Recalled at his own request.

I recollect the man Beaver being brought before me charged with piracy. Mr Caldwell was the first witness,

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and stated that from documentary evidence, which he I was asked for the promissory note. If the man was to would produce on a future day, he would shew the prison- be released it was to be $800, if he was to be imprisoned it er's confederation with pirates. I have referred to the was to be $400. I do not know if $400 were paid; my depositions in the case, and I have no hesitation in stating share has not been paid. My partner came to me for it, but my conviction, that the case was grossly mismanaged, and I would not pay: I don't know whether he has paid or not. that Beaver ought to have taken his position at the bar of I told this story to the Attorney General without mentioning the Supreme Court, and as far as I was concerned as sit-

names. I mentioned Shaplok's name, and the name of the ting Magistrate, would have been committed had the docu- partner who spoke to me. I only mentioned Shaplok's ments been produced before me. The Acting Colonial name to Mr Lane. It was not because I was afraid that I Secretary in his evidence states, that one of his reasons-1 did not mention Mr Caldwell's name. The pawnshopman think he says his chief reason-for referring the Ma-chow has told me that the $400 have been paid. He asked for Wong papers and books to Mr Wade for re-examination, $50 to be paid to Shaplok as a cumshaw. I heard that the was to ascertain whether credibility was to be attached to

$400 had been paid to Shaplok; the $50 was also paid to Mr Caldwell's translation, or to my memoranda, inasmuch Shaplok. as that was a thing apart from Ma-chow Wong's case.

I do not remember a petition being sent into the Governor destruction of the papers and books placed the settlement of for the pardon of Ma-chow Wong, nor do I remember speak- that question beyond possibility.

WOHANG, Broker,-Called and examined.

The

I remember a Pawnbroker of the Foo T'ai shop, in which 1 had a share, being convicted of receiving a stolen watch. I remember after he was convicted a petition being present- ed to the Governor for his pardon. His sentence was remit- ted from 14 to 2 years. A partner of the pawn-shop came to me, and said that if I would pay a few hundreds of dol- lars to Shaplok, the man would be let off. He wanted me this money to write a paper to the effect, that I would to Shaplok. Mr Lane was in my shop at the time, and advised me not to sign. I have never paid any money. It was before the trial at the Supreme Court that this man I do not know if any one paid any money. The man came again, and I said " it is no use saying anything about it, I will have nothing to do with it."

came.

pay

There has been no communication within the last month

ing to Tam Achoey about it. I recollect going to Mr May by request of Tam Achoey. I cannot recollect what I said to Mr May. Upon hearing Mr May's evidence read over, I now recollect having said to him what he states I said about the Ma-chow Wong petition.

JOHN ROBERTS,-Recalled.

I remember being instructed by Mr May to take pos- session of a forcha off Wanchi, which was supposed to be the Alma. I did seize her, and found that she was not the Alma. I found about 36 cannon on board; there were certainly not less. I suppose she could carry about 2,000 piculs rice. Some of the guns were mounted, and some were dismounted, lying forward. From what I was told on board, I went to Mr Caldwell's office, and saw Mr Cald- well. There was with him at the time a man whom I did not know, but whom I have since known as Ma-chow Wong. Mr Caldwell told me he had sold the lorcha, and then commenced talking with the Chinaman, and told me she was not the Alma. I inquired about the guns. I don't recollect if he said to whom he had sold her, but it was evident from the manner in which he spoke, and referred my inquiries concerning the guns to the Chinaman, that the latter was the owner or agent of the lorcha. I inquired about the guns, and Mr Caldwell spoke to the Chinaman, and said they were guns of two junks which were either

and a-half from Mrs Caldwell to me, or any one belonging to my house, regarding this matter. I have heard of the present inquiry from Wong Ashing. I do not know who prepared the two petitions. After signature one was brought up here and handed to one of the Chinese in the office, who gave it to Dr Bridges, who directed it to be taken to Mr Caldwell. It was accordingly taken to Mr Caldwell, who told me to leave it with him. I do not know whether Mr Caldwell supported it. When my partner asked me why

was not the Alma, and I would report it to Mr May. After I I did not pay the money to Shaplok, I went to Mr Caldwell, left the office, this Chinaman came out and asked me if it and asked whether I had a right to pay the money to Shap-would be necessary for the men to go to the Police Court, lok. He answered, "No, I did not authorize it." When and I told him no. I then reported it to Mr May, and had my partner spoke about the payment to be made to Shaplok, the Police withdrawn.

he did not mention either Mr Caldwell's or Mrs Caldwell's

name.

I have not seen Shaplok for about a year. Shap- lok is acquainted with a good many people in the colony, but whether she is related to Mrs Caldwell or not I cannot say. After the prisoner was in Gaol under sentence, the other pawnshop man came to me, and told me that the money should be given to Shaplok, and that she would ask some one to take the case in hand; my partner did not say whom she would engage, and did not mention Mr or Mrs Caldwell's name. I did not suppose that Mr Caldwell was concerned in it. I went to Mr Caldwell because he was Protector of Chinese, and I took the petition to him. It was after the case was decided at the Supreme Court that

repairing or had been lost on the coast. I told him that it

Cross-examined-Mr Caldwell asked if there was a large vessel alongside, and I said that there was a lighter alongside, into which I thought they were going to hoist the guns. There are always a number of vessels at Wanchi.

Adjourned till to-morrow at 12 o'clock.

TWENTY FIRST DAY.

Saturday, 10th July, at 12 o'clock Noon. Present,-All the Members except the Hon. Mr Davies. JOHN BROWN COMPTON,-Called and examined. I have resided in China since January 1834. I knew Mr Caldwell when he first came to Canton, about July or