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has given on this point. And further, as regards these 72 men, the information given to me, and on which I acted, was that of three men who had nothing whatever to say to Ma-chow Wong as far as I am aware. They went with us in the Niger to identify the boats, one being the father of a man then a prisoner with these people. The information given was to the effect that nine men had been put to death the day before, and the other prisoners were to be executed that day,
but he did not come alone; he came with another man, who carried the money in a basket, and who took it away with him. Mrs Caldwell can be produced if required by the Commission to contradict Pang-wa-Ping, but his credibility appears to me already destroyed by the contradiction given to him by Achong, who could have no motive to conceal the truth, and whose evidence is not to be reconciled with that of Pang-wa-Ping.
The Tin charge upon investigation appears to have rested upon as little foundation as the gold dust and many others. Mr Mitchell was in the first instance very positive as to his statements, without having taken the trouble to refresh his memory by referring to the original documents.
That the Registrar General, or any other official in this colony, can of his own power arrest and discharge persons, or confiscate or restore their property, is a simple impossibility; and I will not presume to occupy the time of the Commission by pointing out the absurdity involved in charge No. 7. I am not aware that any evidence has been adduced in support of it, but I may as well state that on no single occasion has any arrest been made by me without either the accused being brought before the Magistrate in the usual course, or in cases under the Peace and Security Ordinance, without a specific report being at once made to His Excellency the Governor on the subject. I have no power to confiscate or restore any property, and have never done so except under orders from my superiors. With regard to the gold dust case, and securities given,
The course pursued with regard to Boggs' paper, will, I think, throw much light upon the manner in which charges have been attempted to be got up against me under this Commission. Relying upon the probability that Boggs would endorse any statement to my prejudice, Lyons, whom Mr May owns to having advised as to the mode of getting up evidence, imagines himself to have heard a letter read, connecting me with Ma-chow Wong and Boggs, and which letter ought to be in my handwriting; he then visits Boggs in the Gaol, and the charge is started; but where it starts it falls. Boggs does not supply the wanting links. Mr Grand-Pré has seen the letter and read it, and so did the Attorney General if he would but say so; for Boggs and Mr Grand-Pré prove it was read in his presence, and it had no more reference to me than to any one else. I am certain that Ma-chow Wong had nothing at all to say to the matter. The question as to whether the gold dust should be appropriated by the Government, as suggested by Mr May, or handed over to certain petitioners, having been decided by His Excellency the Governor, I simply obeyed the instructions I received. But with regard to the subsequent applicant, it may not be useless to observe, that he came to my office, that I sent for two of the securities—Apang and Foong-shan, and that upon inquiry it came out that he had lost dollars at the time of the piracy, but had never been possessed of any gold dust at all. Mr May constantly sees Foong-shan at the Supreme Court, where he is Shroff. Mr May knew that Foong-shan was one of the securities, as I gave Mr May the security papers myself, and therefore a very little investigation on Mr May's part would have spared the Commission much needless trouble on this point.
In his own office. Mr Mitchell has now amended his original statement, and the depositions and Jarman's evidence have trust satisfactorily established that there was no want of proper vigilance or activity on my part.
In reality it was a matter in which I took more than a usual amount of trouble, and the strict letter of the law was, I believe, stretched to recover the stolen property, and it is with considerable surprise that I find it revived after three years for the purposes of this prosecution.
If Pang-wa-ping's evidence stood unimpeached in any way, it would go to prove that I repeatedly refused to receive a present for official services performed by me, but that Mrs Caldwell in my absence did accept of a sum of $100 as a free-will offering. If this occurred, and with my consent either tacitly or otherwise, I think that I should be liable to censure as a Government servant; but I beg leave to deny most emphatically that this witness has given a true narrative of what occurred. I distinctly remember his coming to my house, and tendering the present to me;
of the Hon'ble Commission. This would be bad enough, but Mr Market Inspector Roberts must needs come to the support of Deputy Inspector Lyons, and revive the dying slander to its original heat. Roberts had also been taken into council by Mr May. Both Roberts and Lyons have been, during the Commission, promoted by Mr May's means.
Such a charge as the one numbered 8 is easily brought and somewhat difficult of disproof, on account of its intangible nature, but did it not occur to my accuser, that there was nothing between July 1855, and November 1856, to prevent or intimidate any man, whether Chinese or not, from bringing charges against me. I was but the Captain of a coasting steamer; there I held no official position; I appeared no probability of my returning to office, and yet during those seventeen months, who complained or said a word against my character? although, strange to say, Mr Anstey, the accuser general, was here during at least half the time, But I do say most confidently, that it is false
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that any such feeling of terror exists. Were there any causes of complaint, would they not have been attracted long ere now by the bitter hostility of Mr Anstey, the self-vouched conscientious desires of Mr May for the public good, or the unscrupulous partizanship of the subordinate partners in this conspiracy against me? If ever man had to stand a severe ordeal, I have had to do so for the last seven weeks, and if I have been enabled to arrive at a satisfactory termination, it has been solely because I have ever been a faithful and conscientious public servant.
Whether or not
The money said to be paid to Ch'o On and Shaplok, in the matter of the pawnbroker whose sentence was mitigated, is, I suppose, brought forward as a case of corruption against me. If so, it has signally failed. Shaplok and Ch'o On did, or did not, get $400 or $450 from these pawnbrokers, is a fact for which I cannot be in any way responsible, unless I was art or part in the matter, which I most earnestly deny. The Commission will remember, that no connection has been proved between my family and Shaplok, that the latter has been for some time out of the Colony, and therefore cannot be produced here. Wohang denies having heard my name, or that of my wife, at all in the matter. Tong Kwong-sin and Low Shing-keet both were present at the payment, but up to its taking place, know nothing of their own knowledge of the circumstances which led to it; and the latter states himself to have been even ignorant of what was to be done for it. They neither of them heard Shaplok or Ch'o On mention my being in any way concerned, with one exception, and that is with reference to a statement made by Ch'o On. Ch'o On denies everything connected with the matter. Even if my name had been distinctly made use of, and money fraudulently obtained on the strength of it, is not that a circumstance to which any public officer may be exposed, not only in this Colony, but elsewhere? The crime is not an unfrequent one, and it has occurred to me twice to prosecute to conviction, before the Supreme Court, men charged by me with this very same offence.
I should but needlessly occupy the time of the Hon'ble Commission with refuting charge No. 10. The prosecution must have learnt long ere this that the premises upon which it was founded were erroneous, and my best defence is the record of what actually occurred.
As to harbouring Ma-chow Wong's wife after his conviction, my answer simply is, that no wife of his ever ate a meal, or slept on any occasion, in my house.
I now come to Charges 1, 18, 19.
No. 1.
thinks it prudent to withdraw the locality to Singapore, and put back the time some 24 years, and to make even the people comprising such secret society doubtful, being either Chinese, Klings, or Malays. By Klings, with ludicrous ignorance, he means half-caste Chinese, or Chinese born in the Straits. The Commission will hardly need to be informed by me, that Klings are simply Madrassees. Did ever any one, but Mr May, hear of Malays forming secret societies? certainly no one connected with Singapore, and I am convinced no one anywhere else, it being entirely contrary to their spirit and customs. When it is remembered, that I was not 17 when I left Singapore, that I could not speak a word of the Chinese language then nor for many months after, the nuance of Mr Anstey, and the mixture of malice and ignorance in Mr May, are nowhere more thoroughly developed, than in their attempt, first to bring this charge, and secondly their mode of substantiating it. I do belong to a secret society, and so does the Chairman of this Commission, and I hold the proud position of Master for the year of it—the Zetland Lodge of Freemasons.
Charge No. 19: In 1854, Mr Perkins' friends being of opinion that it was owing to me that his murderer was detected and executed, wished to present me with a testimonial. The local government refused permission without a previous reference home. I naturally thought this a hardship, and while chatting in a friendly way with Mr May in my own house, my wife and some others being present, I said, "It is a great shame; the next time I shall ask them to give it to my wife." This was all that took place; and these trifling words, treasured up for four years by the conscientious Mr May, are reproduced as indicating a willingness on my part to consent to my own wife taking bribes.
With regard to the matter of the Eaglet, I shall say nothing more than that the statements of her officers given before the Commission are substantially correct, with the exception that I went in my boat out of curiosity, and the amount paid for taking the Mandarins to the village was $2,000.
I have to thank the Commission for having, by limiting my power of cross-examination, prevented me from entering upon one line of defence, which would have almost degraded me to the same level as that on which Messrs Anstey and May now lie. Goaded beyond endurance by the attacks on my wife, and the unscrupulous betrayal of the confidence of friendly intercourse, I was tempted to
Let them not The result of this inquiry can be the sole reply to charge retaliate and drag the details of their private morals before you, but I have been spared this error. however suppose that deeds such as theirs can pass without notice, and although I will not even in my own defence imitate their example, my proofs are ready, and can be produced whenever required.
Charges No. 18: With having informed Mr May that I was a member of a Secret Society. I deny this charge altogether. The manner in which it was brought by the Attorney General can leave no doubt in the mind of any member of this Commission, that by Secret Society he intended the illegal Triad Societies to be understood, or else what was the use of saying anything about it. Mr May
And now I have done; I shall call no witnesses unless the Commission require them, because it appears to me that nothing remains which requires explanation or dis-
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372
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has given on this point. And further, as regards these 72, men, the information given to me, and on which I acted, was that of three men who had nothing whatever to say to Ma-chow Wong as far as I am aware. They went with us in the Niger to identify the boats, one being the father of a man then a prisoner with these people. The infor- mation given was to the effect that nine men had been put to death the day before, and the other prisoners were to be executed that day,
but he did not come alone' he came with another man, who carried the money in a basket,and who took it away with him. Mrs Caldwell can be produced if required by the Commission to contradict Pang-wa-Ping, but his credi- bility appears to me already destroyed by the contradiction given to him by Achong, who could have no motive to conceal the truth, and whose evidence is not to be reconcil- ed with that of Pang-wa-Ping.
The Tin charge upon investigation appears to have rest- ed upon as little foundation as the gold dust and many others. Mr Mitchell was in the first instance very positive as to his statements, without having taken the trouble to refresh his memory by referring to the original documents
That the Registrar General, or any other official in this colony, can of his own power arrest and discharge persons, or confiscate or restore their property, is a simple impossi- bility; and I will not presume to occupy the time of the Commission by pointing out the absurdity involved in charge No. 7. I am not aware that any evidence has been adduced in support of it, but I may as well state that on no single occasion has any arrest been made by me without either the accused being brought before the Ma- gistrate in the usual course, or in cases under the Peace and Security Ordinance, without a specific report being at once made to His Excellency the Governor on the subject. I have no power to confiscate or restore any property, and have never done so except under orders from my superiors. With regard to the gold dust case, and securities given
The course pursued with regard to Bogg's paper, will I in connection with even Mr May himself will I think think, throw much light upon the manner in which charges now admit, that his original evidence on the subject was have been attempted to be got up against me under this incorrect. Instead of Mr May handing it over to me with Commission. Relying upon the probability that Boggs strong moral observations, and in the presence of Ma-chow would endorse any statement to my prejudice, Lyons, Wong, Mr Grand-Pré is proved to have given it to me whom Mr May owns to having advised as to the mode of when both Mr May and Ma-chow Wong were absent. I getting up evidence, imagines himself to have heard a let- am certain that Ma-chow Wong had nothing at all to say ter read, connecting me with Ma-chow Wong and Boggs, to the matter. The question as to whether the gold dust and which letter ought to be in my handwriting; he then should be appropriated by the Government, as suggested visits Boggs in the Gaol, and the charge is started; but by Mr May, or handed over to certain petitioners, having where it starts it falls. Boggs does not supply the want- been decided by His Excellency the Governor, I simply ing links. Mr Grand-Pré has seen the letter and read it, obeyed the instructions I received. But with regard to and so did the Attorney General if he would but say so; the subsequent applicant, it may not be useless to observe, for Boggs and Mr Grand-Pré prove it was read in his pre- that he came to my office, that I sent for two of the se-sence, and it had no more reference to me than to any one curities-Apang and Foong-shan, and that upon inquiry it came out that he had lost dollars at the time of the piracy. but had never been possessed of any gold dust at all. Mr May constantly sees Foong-shan at the Supreme Court, where he is Shroff. Mr May knew that Foong-shan was one of the securities, as I gave Mr May the security papers myself, and therefore a very little investigation on Mr May's part would have spared the Commission much needless trouble on this point.
in his own office. Mr Mitchell has now amended his ori-
ginal statement, and the depositions and Jarman's evidence have trust satisfactorily established that there was no want of proper vigilance or activity on my part.
In reality it was a matter in which I took more than a usual amount of trouble, and the strict letter of the law was, I believe, stretched to recover the stolen property, and it is with con- siderable surprise that I find it revived after three years for the purposes of this prosecution.
If Pang-wa-ping's evidence stood unimpeached in any way, it would go to prove that I repeatedly refused to receive a present for official services performed by me, but that Mrs Caldwell in my absence did accept of a sum of $100 as a free-will offering. If this occurred, and with my consent either tacitly or otherwise, I think that I should be liable to censure as a Government servant; but I beg leave to deny most emphatically that this witness has given a true narrative of what occurred. I distinctly remember his coming to my house, and tendering the present to me;
of the Hon'ble Commission. This would be bad onough, but Mr Market Inspactor Roberts must needs come to the support of Deputy Inspector Lyons, and revive the dying slander to its original heat. Roberts had also been taken into council by Mr May. Both Roberts and Lyons have been, during the Commission, promoted by Mr May's means.
Such a charge as the one numbered 8 is easily brought and somewhat difficult of disproof, on account of its intan-
gible nature, but did it not occur to my accuser, that there was nothing between July 1855, and November 1856, to prevent or intimidate any man, whether Chinese or not, from bringing charges against me. tion; I was but the Captain of a coasting steamer, there I held no official posi-
appeared no probability of my returning to office, and yet during those seventeen months, who complained or said a word against my character? although, strange to say, Mr Anstey, the accuser general, was here during at least half the time, But I do say most confidently, that it is false
( 93 )
that any such feeling of terror exists. Were there any causes of complaint, would they not have been attracted long ere now by the bitter hostility of Mr Anstey, the self- vouched conscientious desires of Mr May for the public good, or the unscrupulous partizanship of the subordinate partners in this conspiracy against me? If ever man had to stand a severe ordeal, I have had to do so for the last seven weeks, and if I have been enabled to arrive at a satisfactory termination, it has been solely because I have ever been a faithful and conscientious public servant.
Whether or not
The money said to be paid to Ch'o On and Shaplok, in the matter of the pawnbroker whose sentence was mitiga- ted, is, I suppose, brought forward as a case of corruption against me. If so, it has signally failed. Shaplok and Ch'o On did, or did not, get $400 or $450 from these pawnbrokers, is a fact for which I cannot be in any way responsible, unless I was art or part in the matter, which I most earnestly deny. The Commission will re- member, that no connection has been proved between my family and Shaplok, that the latter has been for some time out of the Colony, and therefore cannot be produced here. Wohang denies having heard my name, or that of my wife, at all in the matter. Tong Kwong-sin and Low Shing-keet both were present at the payment, but up to its taking place, know nothing of their own knowledge of the circumstances which led to it; and the latter states himself to have been even ignorant of what was to be done for it. They neither of them heard Shaplok or Ch'o On mention my being in any way concerned, with one exception, and that is with reference to a statement made by Ch'o On. Ch'o On denies everything connected with the matter. Even if my name had been distinctly made use of, and money fraudulently obtained on the strength of it, is not that a circumstance to which any public officer may be ex- posed, not only in this Colony, but elsewhere? The crime is not an unfrequent one, and it has occurred to me twice to prosecute to conviction, before the Supreme Court, men charged by me with this very same offence.
I should but needlessly occupy the time of the Hon'ble Commission with refuting charge No. 10. The prosecution must have learnt long ere this that the premises upon which it was founded were erroneous, and my best defence
is the record of what actually occurred.
As to harbouring Ma-chow Wong's wife after his convic- tion, my answer simply is, that no wife of his ever eat a meal, or slept on any occasion, in my house.
I now come to Charges 1, 18, 19.
No. 1.
thinks it prudent to withdraw the locality to Singapore, and put back the time some 24 years, and to make even the people comprising such secret society doubtful, being either Chinese, Klings, or Malays. By Klings, with ludi- crous ignorance, he means half-caste Chinese, or Chinese born in the Straits. The Commission will hardly need to be informed by me, that Klings are simply Madrassees. Did ever any one, but Mr May, hear of Malays forming secret societies? certainly no one connected with Singapore, and 1 am convinced no one anywhere else, it being entire- contrary to their sp irit and customs. When it is remem- bered, that I was not 17 when I left Singapore, that I could not speak a word of the Chinese language then nor for many months after, the nuance of Mr Austey, and the mix-
ture of malice and ignorance in Mr May, are nowhere more thoroughly developed, than in their attempt, first to bring this charge, and secondly their mode of substantiat- ing it. I do belong to a secret society, and so does the Chairman of this Commission, and I hold the proud posi- tion of Master for the year of it-the Zetland Lodge of Freemasons.
Charge No. 19: In 1854, Mr Perkings' friends being of opinion that it was owing to me that his murderer was detected and executed, wished to present me with a testi- monial. The local government refused permission with- out a previous reference home. I naturally thought this a hardship, and while chatting in a friendly way with Mr May in my own house, my wife and some others being present, I said, "It is a great shame; the next time I shall ask them to give it to my wife." This was all that took place; and these trifling words, treasured up for four years by the conscientious Mr May, are reproduced as indicating a willingness on my part to consent to my own wife tak- ing bribes.
With regard to the matter of the Eaglet, I shall say nothing more than that the statements of her officers given before the Commission are substantially correct, with the exception that I went in my boat out of curiosity, and the amount paid for taking the Mandarins to the village was $2,000.
I have to thank the Commission for having, by limiting my power of cross-examination, prevented me from enter- ing upon one line of defence, which would have almost degraded me to the same level as that on which Messrs Anstey and May now lie. Goaded beyond endurance by the attacks on my wife, and the unscrupulous betrayal of the confidence of friendly intercourse, I was tempted to
Let them not The result of this inquiry can be the sole reply to charge retaliate and drag the details of their private morals before
you, but I have been spared this error. however suppose that deeds such as theirs can pass with- out notice, and although I will not even in my own de- fence imitate their example, my proofs are ready, and can be produced whenever required.
Charges No. 18: With having informed Mr May that I was a member of a Secret Society. I deny this charge altogether. The manner in which it was brought by the Attorney General can leave no doubt in the mind of any member of this Commission, that by Secret Society he in- tended the illegal Triad Societies to be understood, or else what was the use of saying anything about it. Mr May
And now I have done; I shall call no witnesses unless the Commission require them, because it appears to me that nothing remains which requires explanation or dis-
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