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the Police Court, if Mr May had not been there. Grand-Pré was certainly not equal to such a case.
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Mr
I recollect, although I had quite forgotten it until shortly before this Commission commenced sitting, that Mr May lent me his memoranda for two or three days. As I found they had nothing immediately to do with the cases under investigation, which were already cumbered enough, I told Mr May that I thought he had better say nothing about them until some occasion should arise on which they would be clearly useful. I recollect also, when the efforts for obtaining a pardon for Ma-chow Wong were going on, that Mr May again asked me if he should mention them to the Government. As by that time I had learnt that Mr May was supposed to be actuated by jealous and hostile feelings towards Mr Caldwell, and as also the Government were in possession of the originals from which the memoranda were taken, I told Mr May, that I should certainly not volunteer their production to the Government. I must confess, however, that my recollection of the memoranda is very imperfect indeed, and that they never made the strong impression upon me which they ought to have done.
JOHN SCARTH, Esq., a member of the Commission, -Called at his own request.
I wish to make the following statement, as my name has been mentioned several times in the evidence and papers before the Commission.
When the disturbances began in Canton at the end of 1856, a man came to me and told me that some pirate boats were said to have been taken outside by some of the ships of war, but that the boats were not pirate but rebel boats. He stated that he felt sure that Ma-chow Wong was using his influence against the men, and requested me to endeavour to have some inquiry made, as he heard the men were going to be given over to the Mandarins. My informant was one of the Shanghae rebels. I went to the Police Office and saw Mr Grand-Pré and Mr May. The bulk of the statement was heard by Mr Grand-Pré; Mr May came in just as I concluded. I told him that I had been told that Ma-chow Wong, who was formerly in close connection with the so-called rebels who held Shanghae, had turned against them, having been bribed by the Mandarins with a blue button which they would find in the house, and a white button which they would find in the house of one of his wives. I stated that he had given the information about these boats being taken, and that he was now trying to injure the rebels as much as he could. I said that the man who informed me could bring evidence to show that the men were rebels. Mr Grand-Pré told me Ma-chow Wong was Mr Caldwell's informer, and that he would see about it. I told him that he had better tell Mr Caldwell. I heard nothing more of the matter until I saw the men given up at Kowloong. I was afterwards informed that several sailors had been kidnapped in a systematic manner, by engaging them in Lorchas and then handing them over to the Chinese Authorities for the rewards for heads. I went immediately and reported the circumstance to Mr Caldwell
I did not notice any particular effect produced by Mr Caldwell's presence on the bench at the commencement of Ma-chow Wong's case. I did mention to the Acting Colonial Secretary, that I thought Mr Caldwell had better not sit on the bench during the inquiry against Ma-chow Wong, but I did not speak at all strongly; and the Acting Colonial Secretary immediately said, "Oh, I have arranged about that; only, if anything very strong is said about him in Court, I hope you will send for him." Mr Stace brought up Ma-chow Wong's bail after his commitment, Lai Sze-kai was not one on that occasion. I really am afraid to say anything about my recollection of the contents of the memoranda; I recollect that their general nature has been correctly described.
I rather think that there is a notice in Chinese characters outside the Magistracy that bribery is not allowed.
I recollect in the debate on the Registration Ordinance, in council, that the Governor said an order had been given to do something-I did not hear what-in reference to not proceeding with the second indictment; and I heard the Attorney General say, "Nobody in the world has power to give such an order;" but I cannot say whether the words "Nolle prosequi" were used.
about it, until Mr Wade's translation of the papers found at Namtow proved that men had been taken,
My impression from what was said in Council on the 10th and 14th of May certainly was, that His Excellency and the Acting Colonial Secretary were convinced that Mr Caldwell had cleared himself from the charges then brought against him, and that there was no need of further inquiry.
My strong impression is, that I did hear the Acting Colonial Secretary say in debate, that he saw no harm in Mr Caldwell's servants being interested in brothels, and, on being reminded that it might lead to improper persons being licensed to keep brothels, I certainly think I did hear him say, that as any person wishing to become a brothel-keeper must be an improper person, that would be of no consequence.
tendered in support of the charges, the commission would [The Chairman intimated that no further evidence being proceed at the next meeting to hear Mr Caldwell's defence.]
TWENTY THIRD DAY.
Wednesday, 14th July, 1858, at 12 o'clock Noon.
Present,-All the Members.
following statement:-
Mr Caldwell being called on for his defence, made the
ing to the accusations brought against me by the Honour-
The only difficulty which presents itself to me in reply-
able the Attorney General and the Superintendent of Police, arises from the great volume of the depositions. It
may well happen that a person, inexperienced as I am in
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dissecting evidence, may, in going over the evidence of
of what he had said being so much more favorable to the
prosecution than his own personal evidence.
more than 50 witnesses, covering about 100 printed pages, omit some point apparently telling against himself, but capable of easy explanation. Should such prove to be the case, the Commission will I trust direct my attention to any charge not dealt with by me, for it is my desire to flinch from no portion of this extraordinary investigation.
But
Charge No. 4 rests entirely upon the recollection by Mr Inglis of an isolated fact, which is supposed to have taken place about 14 years ago. The evidence adduced by me as to the date of the birth of my first child, and the situation of certain localities, will, I am certain, when added to the positive testimony of Mrs Caldwell and myself, convince the Commission that Mr Inglis has undesignedly mistaken one person for another.
Before proceeding to the evidence, I must notice who and what the witnesses are who have been called in support of the charges. There is hardly one of any importance who can be considered independent or unbiassed.
Charge No. 5: It will hardly be necessary for me to detail at length the evidence which must have convinced the Commission, that although nominally I appeared in the equally with myself; Roberts and Lyons, who have, within the last three weeks, received great promotion in the Police Crown Books the owner of certain property in this Colony; force at Mr May's recommendation; Assow, the Interpreter; Aheen, Mr May's Lokong, and Yoong Ayoong Mr May's own servant. On these seven does the case for the prosecution mainly rest; and wherever an attempt has been made to travel beyond them, it has resulted in a contradiction or a break-down.
Charge No. 14 has not I believe been attempted to be proved.
Charge No. 15: Mr May comes forward in support of this charge, and states the fact to have been within his own knowledge; he is to a certain degree supported by Mr Woods, but the evidence of the latter is neutralised by his statement that all Tai-ping-shan houses were at the time brothels, which certainly was not the case, and Mr Woods assigns no other reason for his belief. Mr May's testimony has been so unsatisfactory throughout this inquiry, that no reliance can, I trust, be placed upon him when unsupported; and I beg most solemnly to deny, that I have ever at any time been the owner of any brothels in this colony; and if the Commission require it, I am prepared to prove the untruth of Mr May's statement, in the most satisfactory manner.
Even where, as with Pang-wa-ping, there is no ostensible connection between the Police and the witness, Roberts, or some one else, would appear to have been distorting his statements; and when I find Mr Anstey resting for his facts entirely upon Mr May, Mr May acknowledging to having given Roberts and Lyons advice and directions as to the mode in which the case was to be got up, Lyons attempting to put words into Boggs's mouth, and perverting conversations held with myself and others, Roberts laying a deliberate trap for the officers of the Eaglet, and Roberts and Lyons so speedily earning the reward of their energy and activity, I do not, without warrant, charge all these seven with a combined attempt to support the loose statements of Mr Anstey, by getting up evidence to fit them.
Charge No. 16: If Assow the Interpreter could be believed, this charge might be considered as made out. But the mere attempt to produce such a witness as Assow, and the gross untruths he has been convicted of, when produced, will I hope be considered by the Commission an important feature in the whole case. The groundless assertion that Shaplok is Mrs Caldwell's sister by adoption, rests on Assow's statement, and is denied by my wife and myself; but when Assow attempts to prove that Shaplok, within a certain time, kept a brothel in a certain street, which he personally visited, he is convicted of falsehood by Eep Awong, and others, and I am supported by the evidence of Mr Mitchell.
Charge No. 2 affords the most remarkable instance upon throughout this investigation, of the flimsy materials which Mr Anstey has based the most serious charge against me.
It appears from the evidence of Mr May, Yoong Ayoong, and Lum Aleen, the two first of whom contradict each other, that Mr May having, through his servant made some inquiry of the tenant of a rice shop as to its owner, informed Mr Anstey that I was the owner of the adjoining brothel No. 48, not a syllable having in reality passed between the several parties as to such brothel.
Foong Afie, Soong Ahing, and Wong Aping-and Mr Mitchell fixes an additional stigma on him. Mr May has evidently relied much on this witness, and it would have been worth his while to have ascertained his real character from Mr Mitchell before he was included among the seven witnesses.
Charge No. 17: No attempt has ever been made. I believe, I have fully explained to the Commission the circumstances under which Mrs Caldwell looks after her sister's property. But the mixing up of brothel-holding with this question of property, is a malicious charge, for which there was never at any time any pretext.
I must also remark on the singular fact, that Lum Aleen was attempted to be made out to have left the Colony, the statement
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the Police Court, if Mr May had not been there. Grand-Pré was certainly not equal to such a case.
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Mr
I recollect, although I had quite forgotten it until shortly before this Commission commenced sitting, that Mr May lent me his memoranda" for two or three days. As I found they had nothing immediately to do with the cases under investigation, which were already cumbered enough, I told Mr May that I thought he had better say nothing
about them until some occasion should arise on which
they would be clearly useful. I recollect also, when the efforts for obtaining a pardon for Ma-chow Wong were
JOHN SCARTH, Esq., a member of the Commission, -Called at his own request.
I wish to make the following statement, as my name has heen mentioned several times in the evidence and
papers before the Commission.
When the disturbances began in Canton at the end of 1856, a man came to me and told me that some pirate boats were said to have been taken outside by some of the ships- of war, but that the boats were not pirate but rebel boats. He stated that he felt sure that Ma-chow Wong was using
going on, that Mr May again asked me if he should men his influence against the men, and requested me to endea- tion them to the Government. As by that time I had vour to have some inquiry made, as he heard the men were learnt that Mr May was supposed to be actuated by jeal- going to be given over to the Mandarins. My informant ous and hostile feelings towards Mr Caldwell, and as also was one of the Shanghae rebels. I went to the Police the Government were in possession of the originals from Office and saw Mr Grand-Pré and Mr May. The bulk of which the memoranda were taken, I told Mr May,that I the statement was heard by Mr Grand-Pré; Mr May came should certainly not volunteer their production to the Gov-in just as I concluded. I told him that I had been told that ernment. I must confess, however, that my recollection Ma-chow Wong, who was formerly in close connection with of the memoranda is very imperfect indeed, and that they the so called rebels who held Shanghae, had turned against never made the strong impression upon me which they them, having been bribed by the Mandarins with a blue ought to have done.
button which they would find in the house, and a white button which they would find in the house of one of his wives. I stated that he had given the information about these boats being taken, and that he was now trying to injure the rebels as much as he could. I said that the man who informed me could bring evidence to shew that the men were rebels. Mr Grand-Pré told me Ma-chow Wong was Mr Caldwell's informer, and that he would see about it. I told him that he had better tell Mr Caldwell. I heard nothing more of the matter until I saw the men given up at Kowloong. I was afterwards informed that several sailors had been kidnapped in a systematic manner, by engaging them in Lorchas and then handing them over to the Chinese Authorities for the rewards for heads. I went immediately and reported the circumstance to Mr Caldwell
I did not notice any particular effect produced by Mr Caldwell's presence on the bench at the commencement of Ma-chow Wong's case. I did mention to the Acting Colonial Secretary, that I thought Mr Caldwell had better not sit on the bench during the inquiry against Ma-chow Wong, but I did not speak at all strongly; and the Acting Colonial Secretary immediately said, "Oh, I have arrang. ed about that; only, if anything very strong is said about him in Court, I hope you will send for him." Mr Stace brought up Ma-chow Wong's bail after his commitment, Lai Sze-kai was not one on that occasion. I really am afraid to say anything about my recollection of the con- tents of the memoranda; I recollect that their general nature has been correctly described.
I rather think that there is a notice in Chinese charac-requesting him to make it public, so as to prevent any re- ters outside the Magistracy that bribery is not allowed.
I recollect in the debate on the Registration Ordinance, in council, that the Governor said an order had been given to do something-I did not hear what-in reference to not proceeding with the second indictment; and I heard the Attorney General say, "Nobody in the world has power to give such an order;" but I cannot say whether the words "Nolle prosequi" were used.
about it, until Mr Wade's translation of the papers found petition of such occurrences. I never heard anything more
at Namtow proved that men had been taken,
My impression from what was said in Council on the 10th and 14th of May certainly was, that His Excellency and the Acting Colonial Secretary were convinced that Mr Caldwell had cleared himself from the charges then brought against him, and that there was no need of fur- ther inquiry.
My strong impression is, that I did hear the Acting Co- lonial Secretary say in debate, that he saw no harm in Mr Caldwell's servants being interested in brothels, and, on being reminded that it might lead to improper persons being licensed to keep brothels, I certainly think I did hear him say, that as any person wishing to become a brothel-keeper must be an improper person, that would be
of no consequence.
tendered in support of the charges, the commission would [The Chairman intimated that no further evidence being proceed at the next meeting to hear Mr Caldwell's defence.]
TWENTY THIRD DAY.
Wednesday, 14th July, 1858, at 12 o'clock Noon.
Present,-All the Members.
following statement:-
Mr Caldwell being called on for his defence, made the
ing to the accusations brought against me by the Honour- The only difficulty which presents itself to me in reply-
lice, arises from the great volume of the depositions. It able the Attorney General and the Superintendent of Po-
may well happen that a person, inexperienced as I am in
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dissecting evidence, may, in going over the evidence of of what he had said being so much more favorable to the
prosecution than his own personal evidence.
more than 50 witnesses, covering about 100 printed pages, omit some point apparently telling against himself, but capable of easy explanation. Should such prove to be the case, the Commission will I trust direct my attention to any charge not dealt with by me, for it is my desire to Alinch from no portion of this extraordinary investigation.
But
Charge No. 4 rests entirely upon the recelloction by Mr Inglis of an isolated fact, which is supposed to have taken place about 14 years ago. The evidence adduced by me as to the date of the birth of my first child, and the situa tion of certain localities, will, I am certain, when added to the positive testimony of Mrs Caldwell and myself, con- vince the Commission that Mr Inglis has undesignedly mistaken one person for another.
Before proceeding to the evidence, I must notice who and what the witnesses are who have been called in sup- port of the charges. There is hardly one of any importance who can be considered independent or unbiassed.
Charge No. 5: It will hardly be necessary for me to there are Mr Anstey and Mr May, both on their trial detail at length the evidence which must have convinced the Commission, that although nominally I appeared in the equally with myself; Roberts and Lyons, who have, within the last three weeks, received great promotion in the Police Crown Books the owner of certain property in this Colony; force at Mr May's recommendation; Assow, the Interper-yet that such was not in reality the case, and that my ori- ter; Aheen, Mr May's Lokong, and Yoong Ayoong Mr ginal statement on the subject, so much attacked by Mr
Anstey, was the simple truth. May's own servant. On these seven does the case for the prosecution mainly rest; and wherever an attempt has been made to travel beyond them, it has resulted in a con- tradiction or a break-down.
Charge No. 14 has not I believe been attempted to be proved.
Charge No. 15: Mr May comes forward in support of this charge, and states the fact to have been within his own knowledge; he is to a certain degree supported by Mr Woods, but the evidence of the latter is neutralised by his statement that all Tai-ping-shan houses were at the time brothels, which certainly was not the case, and Mr Woods assigns no other reason for his belief. Mr May's testimony has been so unsatisfactory throughout this inquiry, that no reliance can, I trust, be placed upon him when unsuppor ted; and I beg most solemnly to deny, that I have ever at any time been the owner of any brothels in this colony; and if the Commission require it, I am prepared to prove the untruth of Mr May's statement, in the most satisfactory
Even where, as with Pang-wa-ping, there is no ostensible connection between the Police and the witness, Roberts, or some one else, would appear to have been distorting his statements; and when I find Mr Anstey resting for his facts entirely upon Mr May, Mr May acknowledging to having given Roberts and Lyons advice and directions as to the mode in which the case was to be got up, Lyons attempting to put words into Boggs's mouth, and pervert- ing conversations held with myself and others, Roberts laying a deliberate trap for the officers of the Eaglet, and Roberts and Lyons so speedily earning the reward of their energy and activity, I do not, without warrant, charge all these seven with a combined attempt to support the loose
Charge No. 16: If Assow the Interpreter could be believ- statements of Mr Anstey, by getting up evidence to fit themed, this charge might be considered as made not. But the I will now proceed to go through the Charges, dividing mere attempt to produce such a witness as Assow, and the
them into three classes.
1st.-Embracing charges 2, 4, 5, 14, 15, 16, 17.
2d.—3, 6, 7, 8, 9, 10, 11, 12, 13.
3d.-1, 18, 19.
manner,
gross untruths he has been convicted of, when produced, will I hope be considered by the Commission an important feature in the whole case. The groundless assertion that Shaplok is Mrs Caldwell's sister by adoption, rests on As- sow's statement, and is denied by my wife and myself; but The witnesses adduced in support of class No, 1 are Mr when Assow attempts to prove that Shaplok, within a cer- May, Yoong Ayoong, his servant; Deputy Inspector of tain time, kept a brothel in a certain street, which he per Police Lyons, Mr Inglis, Mr Woods, and Assow the Inter-sonally visited, he is convicted of falsehood by Eep Awong,
preter.
me.
Charge No. 2 affords the most remarkable instance upon throughout this investigation, of the flimsy materials which Mr Anstey has based the most serious charge against It appears from the evidence of Mr May, Yoong Ayoong, and Lum Aleen, the two first of whom contradict each other, that Mr May having, through his servant made some inquiry of the tenant of a rice shop as to its owner, informed Mr Anstey that I was the owner of the adjoining brothel No. 48, not a syllable having in reality passed be- tween the several parties as to such brothel.
Foong Afie, Soong Ahing, and Wong Aping-and Mr Mit- chell fixes an additional stigma on him. Mr May has evi- dently relied much on this witness, and it would have been worth his while to have ascertained his real character from Mr Mitchell before he was included among the seven wit-
nesses.
Charge No. 17: No attempt has ever been made. I believe, I have fully ex- to prove any receipt of rack-rents by me. plained to the Commission the circumstances under which Mrs Caldwell looks after her sister's property. But the
I must also mixing up of brothel-holding with this question of proper- remark on the singular fact, that Lum Alcen was attempty, is a malicious charge, for which there was never at an ted to be made out to have left the Colony, the statement time any pretext.
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