CO129-074 - Lieut. Governor Caine & Sir Robinson - 1859 [6-12] — Page 371

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August 1834. I was not then in the house of Jardine, Matheson & Co. I was informed at the time of his arrival that Mr Caldwell came from Singapore, and that he had been in some Mercantile establishment there. I knew nothing particular of Mr Caldwell beyond meeting him occasionally in the neighbourhood of Canton. He was in the employ of Mr Keating, and subsequently in that of Mr Innes. I was under the impression that he had a letter either to Mr Jardine or Mr Matheson, and that it was one or other of those gentlemen who got him the situation with Mr Keating, and with Mr Innes. During the period of which I speak, no circumstances whatever came to my knowledge reflecting in the slightest degree upon Mr Cald- well's character for honesty: he was rather gay, going amongst the boats. I do not know why he left Mr Innes or Mr Keating. I am not aware that Mr Caldwell was ever mate of a receiving ship. In July 1834 he was detain- ed on board the Hercules, being unable to get to Canton. I cannot say whether he was in a receiving ship at Macao in 1838. I lost sight of him after he left Mr Innes's employ. Messrs Jardine, Matheson & Co. have not to my know- ledge ever made any enquiry into any reports concerning Mr Caldwell's character. It was in 1841 I joined their employ, and since then nothing has come to my knowledge concerning any such enquiry. I have heard of such reports. I have no recollection of Mr Caldwell being mate of a vessel called the Isabella, used as a receiving ship at Ma- cao. I have been connected with Insurance business since 1835, and it is my impression that there was a small vessel of that name; but I do not recollect any such vessel being used as a receiving ship, I never heard of a monthly policy on goods being determined by Messrs Dent & Co., through Mr Henry.

The ATTORNEY GENERAL.Recalled at his own request, to make a statement regarding the Pawnbroker's

case.

been reduced, first from transportation imprisonment, and next from fourteen years to I believe two years or three years at the utmost. The case had been admirably got up by Mr May, members of whose force were the prosrcu- tors; and the chief evidence of guilty knowledge against the pawnbroker consisted in the proofs obtained by Mr Jarman of the measures taken by the pawnbroker, first to suppress all trace of the transactions, and next to put the Police on a false scent by the mis-description of the watch in the ticket. The petitions to the Gevernment for pardon were not referred to me, but I know they were referred to the Chief Justice, for His Lordship mentioned the matter in Legislative Council in an under tone to the Governor and me in May last, and asked the Governor if it was true that the pawnbroker's sentence had been mi- tigated; and at the same time he turned to me and said, "If this is to go on, we might as well not pass sentence at all," or "not pass proper sentence," I forget which; and he said that he had given his opinion against it. Besides the petitions mentioned by Wohang, two were presented to me by the same party, and their purport is mentioned in my letter. Those presented to the Governor, as I am informed by persons who translated them or read the translations of them, were mere copies of those presented to me, so that the Commission by reading my letter will

judge whether the Governor should not have considered those very petitions as conclusive reasons for exercising the utmost rigor of the law against the culprit whom at last the Police had caught; and the rather, because an- other document which the Commission will do well to call for,-1 mean a report presented about that very time by Mr May to the Acting Colonial Secretary, on the state of the law in regard to Pawnbrokers-entirely established the prevalence of pawnbroking frauds, to which the petition in question furnished the trace; and that report, as the Commission will see from the minute of the Acting Colo- nial Secretary endorsed, received the entire-approbation of the Government, and was in fact made the foundation of the Ordinance No. 11 of 1858, which passed last Tues- day.

The Hon'ble Lieutenant-Colonel WILLIAM CAINE, Called and examined.

I refer the Commission to my letter of March last already before them. In addition to what is there, I would state that I have before me my own note on the March Calen- dar, for the sessions when the man was convicted. Mr Day was counsel for that prisoner. I had put him and I am Lieutenant-Governor of this Colony. I first came another prisoner on their trial on a single count for com- to China in 1840, and first knew Mr Caldwell in the same pound larceny stealing in a dwelling house to above the year. He was in the Commissariat Department, and amount of £5. It was for stealing the watch of Mr Perkis came with me in the same fleet from Singapore to Chusan. of the Ordnance, whose domestic servant the first prisoner I think this must have been in June 1840. I may say Tong Asin then was. The first prisoner, a simple youth, that I have almost known him uniterruptedly since that who confessed the crime as soon as he was apprehended, time. I have certainly known him uninterruptedly since he gave up the pawn ticket which he had received for the joined the Colanial service in 1843. I myself know noth- watch on the same day, from the second prisoner the pawning against his character for honesty and integrity during broker Ch'un Achong. The Chief Justice evidently quite agreed with me that the principal offender was the pawn- broker, for he said in passing sentence that "if there were no receivers, there would be no thieves," the second pri- soner having been convicted as receiver and not as thief. The first prisoner was sentenced to transportation for fif. teen years; which sentence I believe has not been mitigated, The second prisoner received sentence of transportation for fourteen years, and the persons mentioned by Wohang having used their influence in his favour, that sentence has

that period, I first held the Office of Chief Magistrate in this Colony, I was then Colonial Secretary and Auditor General, and afterward Lieutenant-Governor. I was ap- pointed Chief Magistrate in May 1841, in the infancy of the Colony, and had the complete Superintendence of the Police at that time. I was ever satisfied with Mr Cald- well's conduct, and considered him one of the most effici- ent servants we had,—always willing and ready to do anything. No reports on which I can place reliance have ever come to my knowledge against him.

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Cross-examined, I cannot remember Mr Caldwell bring- | money. I did not know her before. I know by report that Shaplok is a sister of Mrs Caldwell, but cannot tell if it is true. My partners told me that they had asked Shaplok to ask Mr Caldwell, and that if the Pawnbroker should be released $800 would be paid, if not released $400. Shaplok came to the back room of the shop, and settled about paying this before I came. What conversa- tion took place I do not know, for I was not here. My partner said that Shaplok was requested to ask Mr Cald- well, and that if released a sum of $800 would be paid, and if not a sum of $400. The $400 was to get the sen- tence lightened if the man could not be released. This money was to be paid to Shaplok, who was to pay it to Mr Caldwell. I do not know what he was to do with it.

ing before me and Mr Johnston some pirates who had attacked the brig of which he had command, but I would suggest that the Magistrate's case book be examined. The Police reports of the Colony will also shew, that Mr Caldwell has been constantly rendering services to the navy, and been thanked, and if I remember right rewarded,

for these services.

Re-examined, I have never received any official com- plaints against Mr Caldwell; all the complaints I have heard have been merely idle rumour; that is what I mean when I say that I have not received any complaints on which I could place reliance. I do not remember any objection to Mr Caldwell's taking office in the first $400 in Bank notes and $50 in Silver were paid to Shaplok two days after the sentence was lightened. The $50 was instance. Since that the only circumstance which

as a cumshaw to Shaplok for her trouble. I was present I have heard against him was his pecuniary difficulties

when this money was paid, and so were my partners Ch'o which caused him to resign the service. I do not remem-

On, Low Sing-keet, and all the shopmen; it was paid at ber his pecuniary difficulties being urged as grounds against the shop. There was no receipt given at the time. Ch'o his taking office. I do not remember Sir George Bonham On was formerly comprador in the Government offices. saying or shewing that he had any reluctance to let Mr Neither I nor any of my partners have received back any Caldwell remain in Government employ. Sir George of the money, neither have we asked for it. I can produce I never asked never in my hearing expressed an unfavourable opinion of account books shewing the payment.

Wohang for any part of it, it belonging to the shop ex- his character, and I am not aware of his having done so

pences; and I do not know if any of my partners went to Wohang to ask him to write a promissory note. I was not here when the petition was made, and do not know whether my partners signed any paper regarding the pay- ment of the money upon condition of the man's release; they never told me of such. Ch'o On was to be responsi- ble for the money. I do not know whether any of my partners ever went to Mr Caldwell about the affair.

Shaplok is I believe a Brothel-keeper. 1 do not know where she lives. I have heard that she has girls. She is about 30 years of age. I do not know whether she is now in the colony. I do not know where she was living at the time of this transaction. It was my partners who knew her; they settled the matter about the payment before I came here. Shaplok did not mention Mr Caldwell's name.

when I was not present. Mr Caldwell was made, at my recommendation either Clerk or Interpreter to the Chief Magistrate, early in 1843, I think. That was his first post in the Colonial Service. The island had very few resi- dents when I took him into the employ. I took him from my own knowledge, seeing that he was a smart person and possessed an excellent knowledge of the language. I did not at that time know anything against him. I saw him at Chusan and here, and sailed with him over to Macao, when he was in command of the Thistle. I do not hesitate in saying that everything I saw of him induc ed me to recommend him for Government employ, as he would be a useful servant. I would rather decline answer- ing the question as to what I have heard about Mr Cald-The petitions were presented before my arrival here, and well, from my acquaintance with this part of the world to the present time. I have only heard rumours, which made no impression on me. I certainly should not have recommended him to the Government service, if I had heard anything against him, and if I had not thought him peculiarly fitted for the Government service. aware of the fact of a connection between Ma-chow Wong and the Police. I have heard of it, and seen it in newspa pers. Neither am I aware, except in the same way of a connection between Ma-chow Wong and Mr Caldwell. Besides seeing this in the newspapers, I have heard it stat- ed in the Council-room here on one occasion—perhaps more than one occasion.

I am not

I do not know that Mr Caldwell was in the employ of Akwai of the Lower Bazaar before entering Government employ.

TONG KWONG-SIN,-Called and examined.

I am a partner in a Pawnbroker's shop, one of the part. ners of which was convicted a short time ago of receiving a stolen watch. I know the woman Shaplok; I do not know what she is, but only know of her receiving the

I did not sign them. I was told by my partners that they had signed and presented the petitions. They did not tell what was in them. I was told by my partners that all the shops in the town had signed; there might be about 100. I do not know who wrote the petitions, I cannot tell whether Mr Caldwell supported them, my partner knows, I know that Wohang refused to pay his share of the $450, because my partner Low Sing-keet did not first inform him of it- Wohang was first informed two or three days after the money had been paid. I do not know if Wohang went to see Mr Caldwell about the payment to Shaplok. I do not know that Shaplok has been prosecuted for receiving this money. We wanted to give Shaplok only $25 instead of $50, because Ch'o On said Mr Caldwell only received one-half and she also should receive another. One of the shopmen went out to change the dollars into Bank-notes in order to pay to Shaplok who would not receive dollars.

CHO ON, Called and examined.

I have a small share in the Pawn-broker's establishment in which Tong Kwong-sin is a partner. I remember the trial of one of the partners for receiving a Gold Watch which had been stolen. I do not know a woman called

DEALTRACRAN NG