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tion of H E, the Governor, the Hon'ble the Chief Magistrate Attorney General.—You told the Magistrate that
YOU
148 y
d sarcasm in which that letter is couched, and tells of on those who attempt it; and it is plain, on general grounds,
has been ordered to send to you the said books, and I am directed to request you to afford Mr Caldwell every assistance in your power in the translation requested, favourable or unfavourable to the convict.—H. E. desires me to request that the books be kept in your safe custody.—I have &c.
(Signed)
J. M. D'A. E CASTRO,
for the Clerk of Councils.
JAMES MONGAN, Esq.,
Assistant Chinese Secretary to the Superintendency.
I examined them with Mr Caldwell, and gave him assistance in making his report thereon; and when called before the Council on the 12th of October I expressed my full concurrence in the general correctness of Mr Caldwell's report. That report was made with reference to statements that had appeared in the China Mail. On the same day His Excellency told me that Mr Dixson had produced memoranda of Mr May, which seemed to bear out the statements in the Newspaper. He directed me to hand over all the books and papers in my custody to Mr Wade. I handed them over to him on the next day, 13th of October, having first carefully tied them up with red tape, and sealed them, after which I supposed that I had done with the documents.
Court. Did you discover your error?
Mr Mongan. Yes; about four months afterwards, About the beginning of March, on arriving at my office, I found them there. They were exactly in the same state as when I handed them over.
Court. What next took place?
Mr Mongan. About three or four weeks after I went to Sir John Bowring, and asked him what was to be done with them. He referred me to Dr Bridges. I went to Dr Bridges; and asked him the same question. He said, as nearly as I can remember, "Oh they are mere rubbish you may burn them." I went down at once and burned them. I know nothing more.
Court. You know nothing more about them?
Mr Mongan. The next I knew was reading in the Overland Register that I had written a letter about them; and His Excellency asked me if I had written it. I said no.
Cross-examined by the Attorney General.—(Counsel for the Defendant.) You were examined no less than three times at the Magistrate's Court?
Mr Mongan.—Yes.
Attorney General.—As a witness for the Government? Mr Mongan.—Yes.
Attorney General.—You told the Governor that the books were encumbering your office;—what books?
Mr Mongan.—I did not say so.
Attorney General.—Do you remember that letter being read in the Council?
Dr Bridges. I think I do.
Attorney General.—In commenting on the letter, Mr Davies says that it would be found Mr Mitchell's observations agreed with his; and that he has had far greater means of knowing the opinions of the Chinese regarding matters to which his attention was not at the time particularly directed. But have you not repeatedly forgotten things in matters which you have afterwards remembered?
Mr Mongan. No, not that I can recollect; I may have spoken on some other occasion the evidence I have just given.
Attorney General.—Now were there any steps taken by your Government—for Mr Mongan. No...
...
Attorney General.—Haven't you said at one time what you did not remember at another?
Mr Mongan.—No.
Attorney General.—Let me read to you what you said before the Caldwell Commission (page 41 supra) At the Police Court, again, you said the papers were an incumbrance to your office, and the defendant then asked in what way they were an incumbrance when they, the suspicious documents, only occupied a cubic foot or so.
Mr Mongan. Yes they were an incumbrance.
Attorney General.—In what way?
Mr Mongan. Because they were out of place there. We do not keep the records of the Police Court in the Chinese Secretary's Office.
Dr Bridges.—I am not aware that Caldwell has been guilty of iniquities.
Attorney General. You are not aware of any iniquities—I am glad of that answer. Now we know the measure of the morality of your Government. Then, perhaps, Dr Bridges will inform the Jury what kind of a libel that must be to bring such a Government into contempt. That, gentlemen of the Jury, is the morality of the Hongkong Government. (Re-reading the passage from Legaré's diary at page 130 supra)—Do you, Dr Bridges, remember when you sent that to the Friend of China whether you wrote your own hand or anonymously?
Dr Bridges.—I don't remember how I wrote—If the printer knew it was my hand writing it was a breach of confidence in him to let it be seen.
Attorney General.—You had divided those papers into suspicious and non-suspicious documents?
Mr Mongan.—At the time that I received the books I sorted them for examination, and then I divided them into two lots. I took them out of the baskets as they came to hand. Those which bore upon statements in the China Mail, I put on one side; those that did not bear on such statements I put on the other side—that was the division I made.
Court. Without reference to suspicion.
Mr Mongan.—Yes, my Lord.
Examination of Dr Bridges, ended at 4.55 P.M.
[This was another of the articles referred to by the Attorney General at page 132 supra, as illustrative of the publicity given to proceedings in Executive Council.] "A short time ago, we heard some talk about a petition being up against the suspension of Mr Anstey, and in this connection there were freely used the names of parties, who, we are sure, would never dream of mixing themselves up with such affair, after they had carefully perused the evidence which came before the Caldwell Commission. There was, we understand, but one opinion in the Executive Council as to the necessity of this suspension, and the step was taken on a variety of grounds. Among these was one on which the public is not, and cannot expect at present, be a competent judge—namely, the replies made by Anstey to the Council's requests for an explanation of his speeches before the Commission. Further, these speeches of which some incorrect reports appeared in local papers were so insulting to the Governor and the Colony...
...
Attorney General.—Well, then, I'll now read what you swore to at the Police Court (reads from page 107 supra) "The whole of my inspection consisted in assorting suspicious documents. The latter were put back into the bundles or baskets from which they were originally taken, and the former were handed to Mr Caldwell. Now is that true or not true?
Mr Mongan.—The former were handed to Mr Caldwell...
...
the flesh, and the devil, from an independent stand-point, and that he would enjoy much greater freedom and comfort in doing so, than from attempting any impossible compromise with the necessities of office. We hope and believe that a public career which commenced with impeaching the Foreign Minister of England, will not ignominously end with vainly attempting to extinguish the Registrar General of Hongkong; but we see clearly, that to regain his pristine glory, Mr Anstey must ascend from the low valley of office, and mount a Pisgah height, from whence he may pour forth his sublime denunciations on a wicked and corrupt place. Truly Hongkong has been favoured among colonies: the disinterested Hoey has walked our streets: the voice of Anstey has been heard crying in the moral wilderness; and one—the late lamented W. M. Robinet "—has appeared from the dead, and, (fulfilling an old prediction,) instead of listening to him, we have cast him into prison —
China Mail, August 19, 1858."
JAMES MONGAN.—SWORN.
Acting Attorney General.—You are, I believe, Assistant Chinese Secretary in the Superintendency of Trade.
Mr Mongan.—Yes. I have been Assistant Chinese Secretary since the 25th of May last—I was appointed on the 7th of April last.
Acting Attorney General.—Did you take part in the destruction of any documents placed in your hands for the purpose of examination?
Mr Mongan.—Yes, I destroyed some documents that were in my office.
Acting Attorney General.—Were they destroyed after deep meditation on your part, and with reference to consequences?
Mr Mongan. There was no meditation on my part—no reference to consequences.
Acting Attorney General.—Do you remember the contents of those documents?
Mr Mongan.—They were the books and papers belonging to the convict Ma-chow Wong, now in gaol.
Acting Attorney General.—Did you know that those documents were of value to any one in the public service? Mr Mongan.—I did not know they would be of any service whatever.
Acting Attorney General.—In what way did those documents come into your hands?
Mr Mongan. They were given into my custody on the 30th of September last year. This was my letter of instructions.
COUNCIL ROOM, VICTORIA, HONGKONG,
28th September, 1857.
SIR, Mr Caldwell having been directed to make a translation of the books found in the shop of the convict Wong Akee, alias Ma-chow Wong, I have the honor to inform you that by direction...
£88
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tion of H E, the Governor, the Hon'ble the Chief Magistrate Attorney General.-Yon told the Magistrate that
YOU
148 y
d sarcasm in which that letter is couched, and tells of on those who attempt it; and it is plain, on general grounds,
has been ordered to send to you the said books, and I am di- memory was defective with respect to some portions is being an auditor when Tong Aku was tried. Do you that Mr Anstey is a man who ought to fight with the world,
rected to request you to afford Mr Caldwell every assistance in your power in the translation requested, favourable or unfavour- able to the convict-H. E. desires me to request that the books be kept in your safe custody-I have &c.
(Signed)
J. M. D'A. E CASTRO,
for the Clerk of Councils.
JAMES MONGAN, Esq.,
Assistant Chinese Secretary to the Superintendency.
I examined them with Mr Caldwell, and gave him as- sistance in making his report thereon; and when called before the Council on the 12th of October I expressed my full concurrence in the general correctness of Mr Cald- well's report. That report was made with reference to statements that had appeared in the China Mail. On the same day His Excellency told me that Mr Dixson had produced memoranda of Mr May, which seemed to bear out the statements in the Newspaper. He directed me to hand over all the books and papers in my custody to Mr Wade. I handed them over to him on the next day, 13th of October, having first carefully tied them up with red tape, and sealed them, after which I supposed that I had done with the documents.
Court. Did
you
discover your error? —-
Mr Mongan. Yes; about four months afterwards, About the beginning of March, on arriving at my office, I found them there. They were exactly in the same state as when I handed them over.
Court.What next took place?
Mr Mongan About three or four weeks after I went to Sir John Bowring, and asked him what was be done with them. He referred me to Dr Bridges. I went to Dr Bridges; and asked him the same question. He said, as nearly as I can remember, "Oh they are mere rubbish you may burn them." I went down at once and burned them. 1 know nothing more.
Court. You know nothing more about them?
Mr Mongan. The next I knew was reading in the Overland Register that I had written a letter about them; and His Excellency asked me if I had written it. I said
no,
Cross-examined by the Attorney General.~(Counsel for the Defendant.) You were examined no less than three times at the Magistrate's Court?
Mr Mongan.-Yes.→
Attorney General.+As a witness for the Government? Mr Mongan,--Yes.
Attorney General.-You told the Governor that the books were encumbering your office;-what books?
Mr Mongan.-I did not say so.
your
evidence?
Mr Mongan-Yes.
Attorney General.--I wish you to understand that in m questions I do not impute anything discreditable. The
member that letter being read in the Council?
Dr Bridges. I think I do,
Attorney General.-In commenting on the letter, Mr avies says that it would be found Mr Mitchell's obser- utions agreed with his; and that he has had far greater is no disgrace in a man's memory being defective in means of knowing the opinions of the Chinese regarding ters to which his attention was not at the time particular matter than Mr Mitchell;—and then we have your re- directed. But have you not repeatedly forgotten thing
y denying that any irony or sarcasm was intended- in matters which you have afterwards remembered?
Now were there any steps by taken your Government-for Mr Mongan. No, not that I can recollect; I may haw call it yours-for putting in action that clause in the report spoken on some other occasion the evidence I have ju the Caldwell Commission in which it is stated that he given.
cted injudiciously in searching Asow's house?-Has Government to this hour done anything with the man Caldwell for his iniquities?
Attorney General.-Haven't you said at one time wha you did not remember at another?
Mr Mongan-No.
Attorney General-Let me read to you what you said before the Caldwell Commission (page 41 supra) At the Police Court, again, you said the papers were an incum brance to your office, and the defendant then asked is what way they were an incumbrance when they, the sus picious documents, only occupied a cubic foot or so.
Mr Mongan. Yes they were an incumbrance.
Attorney General.-In what way?
Mr Mongan. Because they were out of place there We do not keep the records of the Police Court in the Chinese Secretary's Office.
Dr Bridges-1 am not aware that Caldwell has been uilty of iniquities.
Attorney General. You are not aware of any iniquities am glad of that answer. Now we know the measure f the morality of your Government. Then, perhaps, Dr ridges will inform the Jury what kind of a libel that must be to bring such a Government into contempt. That, entlemen of the Jury, is the morality of the Hongkong Government. (Re-reading the passage from Legarés diary it page 130 supra)-Do you, Dr Bridges, remember when u sent that to the, Friend of China whether you wrote your own hand or anonymously?
·
Dr Bridges.-I don't remember how I wrote-If the rinter knew it was my hand writing it was a breach of
Attorney General.-You had divided those papers into onfidence in him to let it be seen. suspicious and non-suspicious documents?
Mr Mongan-At the time that I received the books I sorted them for examination, and then I divided them into two lots. I took them out of the baskets as they came to hand. Those which bore upon statements in the China Mail, I put on one side; those that did not bear on such statements I put on the other side--That was the division I made.
CC
Court. Without reference to suspicion.
Mr Mongan-Yes, my Lord.
Examination of Dr Bridges, ended at 4.55 P.M.
[This was another of the articles referred to by the Attorney General at page 132 supra, as illustrative of le publicity given to proceedings in Executive Council.] "A short time ago, we heart some talk about a petition being up against the suspension of Mr Anstey, and in this con- ection there were freely used the names of parties, who, we
sure,
would never dream of mixing themselves up with such affair, after they had carefully perused the evidence which me before the Caldwell Commission. There was, we under- and, but one opinion in the Executive Council as to the ne-
Attorney General. Did you mean what you said the sity of this suspension, and the step was taken on a variety -Without reference to suspicion ?
Mr Mongan.--Yes.
grounds. Among these was one on which the public is not, ad cannot expect at present, be a competent judge-namely, he replies made by Mastey to the Council's requests for an planation of his speeches before the Commission. Further, ese speeches of which some incorrect reports appeared in cal papers were so insulting to the Governor and the Colo-
Attorney General.—Well, then, I'll now read what you swore to at the Police Court (reads from page 107 supra "The whole of my inspection consisted in assorting sal Secretary, that the Government would only have brought
picious documents. The latter were put back into the "bundles or baskets from which they were originally "taken, and the former were handed to Mr Caldwell. Now is that true or not true?
pon itself universal contempt had it allowed Mr Anstey to re- in in office. His conduct towards Mr Caldwell--inexcus
de though that was--was only one, and a subsidiary one, among many grounds for his suspension. Interferene with the
Mr Mongan.--The former were handed to Mr Caldwetion of the Executive in this matter, will only bring confusion
the flesh, and the devil, from an independent stand-point, and that he would enjoy much greater freedom and comfort in doing so, than from attempting any impossible compromise with the necessities of office. We hope and believe that a public career which commenced with impeaching the Foreign Minister of England, will not ignominously end with vainly attempting to extinguish the Registrar General of Hongkong; but we see
clearly, that to regain his pristine glory, Mr Anstey must ascend from the low valley of office, and mount a Pisgah height, from whence he may pour forth his sublime denunciations on a wick- ed and corrupt place. Truly Hongkong has been favoured among colonies: the disinterested Hoey has walked our streets: the voice of Anstey has been heard crying in the moral wilderness; and one-the late lamented W. M. Robinet "- has appeared from the dead, and, (fulfilling an old prediction,) Jinstead of listening to him, we have cast him into prison -
China Mail, August 19, 1858."
JAMES MONGAN.—SWOPI.
Acting Attorney General.-You are, I believe, Assistant Chinese Secretary in the Superintendency of Trade.
Mr Mongan.-Yes. I have been Assistant Chinese Secretary since the 25th of May last--I was appointed on the 7th of April last.
Acting Attorney General.-Did you take part in the destruction of any documents placed in your hands for the purpose of examination ?
Mr Mongan.--Yes, I destroyed some documents that were in my office.
Acting Attorney General.-Were they destroyed after deep meditation on your part, and with reference to con- sequences?
Mr Mongan. There was no meditation on my part- no reference to consequences.
Acting Attorney General.-Do you remember the con- tents of those documents?
Mr Mongan.-They were the books and papers belong- ing to the convict Ma-chow Wong, now in gaol.
Acting Attorney General.-Did you know that those documents were of value to any one in the public service ? Mr Mongan.-I did not know they would be of any service whatever.
Acting Attorney General.--In what way did those doc- uments come into your hands?
Mr Mongan. They were given into my custody on the 30th of September last year. This was my letter of instructions.
COUNCIL ROOM, VICTORIA, HONGKONG,
28th September, 1857.
SIR, Mr Caldwell having been directed to make a translation of the books found in the shop of the convict Wong Akee, alias Ma-chow Wong, I have the honor to inform you that by direc
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