CO129-074 - Lieut. Governor Caine & Sir Robinson - 1859 [6-12] — Page 400

P&

396

( 123 )

Acting Attorney General.--What do you understand by the words, "on the part of Government ?"

Cross-examined by the Attorney General.-How lon had you been Acting Colonial Secretary when this burnis

Dr Bridges.--It attaches to the Executive Council of took place? the Government.

Acting Attorney General.--Having heard the article read, do you think that there is a word of truth in it from beginning to end?

Dr Bridges-As far as regards there having been any trick on the part of the Government, it is a gross falsehood from beginning to end. I will tell your Lordship all

about the destruction of the documents when Mr Green

asks me.

Acting Attorney General.--Proceed,

Dr Bridges.--My knowledge of the Ma-chow Wong papers amounts to this :--A petition having been present- ed to the Executive Council to relieve Ma-chow Wong from the consequences of the verdict found against him in this Court, an inquiry which lasted several weeks was held by the Executive Council to investigate matter. During the progress of that inquiry, the books of the firm to which he belonged were examined by Mr Mongan and Mr Caldwell. They made a report as to the contents of such books, but it subsequently appearing that Mr May, who examined the books through the medium of an inter- preter, had found entries in the books which made more against Mr Caldwell than appeared from this report, a further reference was made to Mr Wade, and I believe the books were sent to him. I never saw the books, nor

Dr Bridges. I was appointed on the 15th Februar 1857,-when the burning took place I cannot tell you.

Attorney General.-Who first appointed you? Dr Bridges.-The Governor, and the home people com firmed the appointment.

Attorney General. I believe the confirmation was al in the same year.

Dr Bridges.-Very likely-I can't remember. Attorney General.—It is also true that you were Actin Attorney General from the 28th February 1852, to th 13th February 1853, and again from the 13th April 185 to 15th of January 1856.

Dr Bridges. Yes, I believe you are correct with the dates.

Attorney General.--You, then, being naturally so we versed in the laws of the Colony, an official person, and an "expert" can tell the Court and Jury whether the commission of Sir John Davis as Governor was unde writ of Privy Seal, and that of Sir John Bowring, dated the 15th of April 1954, a warrant under the Queen's sign manual-You will see them here (hands up lume of the Laws of Hongkong) at page 22.

Dr Bridges.-Yes, I admit or believe it to be true stated here.

a

Attorney General.--And you admit that the power

( 122 )

These were not proved--the most serious charge of all, 10, being burked by the destruction of books which, according to the Hon'ble Mr Anstey, contained the damning evidence of Dr Bridges's subordinates' complicity with thieves, rosetters,

Acting Attorney General, (to the Court.)--Should the Crown open the case by evidence to rebut the peas of stification, or should the defendant first show his jus- Afication?

Attorney General.--My learned friend has opened his murderers and pirates. ease and must go through with it.

Acting Attorney General.-In "Regina v. Newman," Bir Fred. Thesiger opened the case for the prosecution. The principal witness, Achilli, was not called until the and of the case for the defence. No witness was called In reply.

Charge 4 ran that through his wife he had an alliance with some of the worst Chinese in the Colony. It is only common justice to Mrs Caldwell to say that since she has been Mr Caldwell's wife, no lady in the Colony has conducted here with

greater propriety but it was shown to the Commission that one or more of Mrs C's relations had acted very shame fully, especially in one instance, when, under pretence of releas-" Attorney General.-I was present at that trial.

ing a Pawnbroker from pains and penalties to which he was Acting Attorney General. So was I.

liable, she succeeded in extorting a sum of $450. The Com Attorney General.-My learned friend forgets that that mission however, appear to have viewed Mr Caldwell's " al- was not a Crown case, nor was it for a seditious libel.liance" as a circumstance over which he had no control, and My learned friend has exhausted the whole of his case at once in his address to the Jury, and like all other accusers

first going into his entire case, and then asking to be must be called on to prove his words. 1 object to his

allowed to go into only a portion of it.

eting Colonial Secretary on the 28th of July last. Acting Attorney General, (to Dr Bridges.)--You were

Dr Bridges.—I was.

in the Friend of China of the date mentioned.

Acting Attorney General.-You have seen the article This is

The Commission appointed to enquire into the charges against

It shall be read to you.--

of the nineteen true-six not wholly untrue,-nine groundless.: Mr D. R. Caldwell, Registrar General, have reported four out

exonerated him.

Charge 8 ran-That the Chinese dare not now complain of the connivances and procurements of Mr Caldwell, the patron of Ma-chow Wong The impossibility of proving this was asserted in the charge itself,

Charge 11 ran with 10, and was favoured as 10 was. A Partnership between Mr Caldwell and Ma-chow Wong, in the absence of the books, could not be proved.

Charge 14 ran that Mr C. bought land in the Colony after December last, when he became (the official) licenser of brothels. This was disposed of as not satisfactorily proved.

16 Brought the Chinese sister on the tapis again; but nothing came of the appearance.

In a supplementary latter, the Commission express their opin

were they ever in the Colonial Secretary's department. and authority granted to Sir John Bowring are identical The charges proved are Nos. 6, 7, 9 and 13, running as follows ion that the Hon'ble Mr Anstey and Mr May acted in perfect

I believe they were first in the custody of the Police de- partment. The Police sent them up to Mr Mongan, who sent them to Mr Wade, I may have seen them; but to the best of my belief I never saw them. Ma chow Wong's case came on soon afterwards, and was decided on a mat- ter totally unconnected with these books. One thing be- sides I can say, that previous to the month of April, after Ma-chow Wong's case had been decided, Mr Mongan came to my office one day and said,-"What is to be done with the Ma-chow Wong books and papers?" I said to him "You had better ask the Governor." He said, "I have been to the Governor, and he told me I had better come and ask you." My reply was, "They are mere rubbish; you had better burn them." As near as I can remember this was all that took place. Subsequently the Governor came to me one day while the Caldwell Commission was sitting, and asked me, how it was that those papers came to be burned. I said, "Mr Mongan came to me, and asked for my advice and I gave it; the matter was not one belonging to my department."

Court.--That ended the matter? Dr Bridges.--That is all. I have been examined about it since in the course of the Caldwell Inquiry.

Acting Attorney General (reads paragraph respecting the charge having broken down.)-What did you under- stand by that term?

Dr Bridges.—I understood it to mean that the charges brought against Mr Caldwell had failed to be substantiat

ed:

with those granted to Sir John Davies.

Dr Bridges.--I am perfectly willing to admit that. Attorney General-Mr Masson, I wish you to produce the Court's Copy of the Colonial Service regulations. It is intituled.-

don, Queen's Printers 1856)

(Rules and Regulations for H. M. Colonial Service, Lon Within the Titlepage. "Thi revised edition of the Rules and Regulations for H, M. Colonial Service has been compiled by the Secretary of State, and is now! printed for the information and guidance of the Governors of H. M.'s Colonies, and of all H. M.'s officers subordinate to them....

Colonial Office, Downing Street,

March 1856.]

Mr Masson.--Here it is.

Attorney General.-Will you be good enough to refer to part 3, Section 4 defining the duties of Governors.

Mr Masson, (reads.)—

[III. S. 4.-"The duty and power of every officer who may be called upon to administer a Colonial Government are defined in H. M. Commission. and the Instructions, with which he furnished.

Attorney General. You have been served with a Sub- pœna duces tecum to produce a circular indorsed.—

Circular Defining the Functions of the Colonial Secretary. Do you produce it?

the Government for nearly two months (Addressing the Dr Bridges.No. I have been out of the service of Court.) I wish to put myself entirely in your Lordship's hands as to how far I am to go, with respect to revealing

Wong,

With being long and intimately connected with Ma-chow such connection still subsisting, the principal link being the bond of affinity by adoption according to Chinese laws,--

7-With being in the habit, on Ma-chow Wong's unsupport qd information, of arresting and discharging persons, and of con fiscating or restoring property.

9,-With having procured bail for Ma-chow Wong, such bail being a servant of his own (Mr C.'s) who had been a month before in prison for debt.

13-With inducing the Attorney General, at the beginning of 1857, to order the release of a great number of men whom Mr May knows to have been pirates, and whom Mr Caldwell ought

have known at the time were pirates..

As regarded the conviction on this charge, 13, the Commis sion expressed their opinion in no measured terms; almost

ntamount, in fact, to an accusation of connivance at crime. Tho charges dismissed as groundless were 2, 3, 5, 10, 12, 15, 17, 18 and 19. The wording of some of these charges is so gross that we will not quote in full. In brief, without particu

zing, it was asserted that he had a scandalous connection with brothels; speculated in such infamies; and at one time vas owner of three unlicensed bagnios;-Received rack rents of certain lots on which brothels stand;--Passed part of his life among pirates and outlaws;-Deceived the Executive Council regarding Ma-chow Wong, audaciously denying that his books and papers contained evidence of his guilt-Harbour

Mah's wife after his conviction-Was a member of a secret ociety, and felt no unwillingness to his wife's exercise of an oily palm.

good faith throughout; and when we bear in mind that the principal charge broke down through a contemptible, damnable tainly be punished in some way or other, for it is farcicat to

with reference to consequences--when we bear this in mind, we suppose that it was not performed after deep meditation, and

sav, we think it only proper that the thanks of the Community should be conveyed to Messrs Anstey and May, for their warm and disinterested efforts on behalf of the public. The destruc tion of the books is most unfortunate for Mr Caldwell-the honesty or otherwise of his aims is involved in greater nystery

trick on the part of Government--a trick which should cer

then ever.

Charge No I was to the effect that Mr D. R. Caldwell was unfit to be a Justice of the Peace. The Commission returned as true the charges quoted in full, but, by a majority of votes, decided that he was not unfit to be a Justice of the l'eace. We are accustomed to anomalies and apparent inconsistencies in Hongkong, and feel no surprize at this.-Friend of China, July 28, 1958.

Acting Attorney General.--What do you imply from that article?

Dr Bridges.I understand that article to imply that the principal charge against Mr Caldwell broke down through the action of Govercment, in the destruction of certain books and papers. The principal charge was the connection between Mr Caldwell and Ma-chow Wong, and that there was a partnership existing between them. One of the charges against Mr Caldwell was, that he was a confederate of pirates, and that certain papers tend- ing to establish that charge were missing.