398
(119)
Mr L. D'Almada. It is possible Mr Gibb might have mistaken me for my brother.
Mr Anstey. There is no mistake in the matter. Mr Jozé D'Almada was here in this Court but a few minutes since, Mr Mitchell the Sheriff saw him.
Court. Dr Chaldecott might give some explanation.
Mr Anstey. I now give notice that if on Monday next, any of the witnesses subpœnaed are absent, I shall not be satisfied with written certificates, but shall insist on Dr Chaldecott being sworn, and personally examined as to their state of health.
5343.
THE QUEEN v. TARRANT.
(118)
IN THE SUPREME COURT OF HONGKONG. Criminal Sessions, November 18th 1858. REGINA V. TARRANT.
At the opening of the Court this day, the Hon'ble T. Chisholm Anstey, Attorney General, Counsel for the defendant, addressed the Court, as follows,
or March, as nearly as possible. 7th Why he did not, before the end of June, inform the Legislative Council that the documents had been destroyed, and that the production of them, therefore, which had been demanded, again and again, could not take place. 8th If destroyed, what were the contents of those documents, and how far they affected Mr Caldwell or any other officer of Government. Lastly a full, true and complete account of the proceedings.
Mr Green. Sir John Bowring is as much bound not to reveal what took place in the Council as the Colonial Secretary or any other public servant.
with others, to the said Government against Daniel Richard Caldwell, Esquire, Registrar General of the Colony and submitted to the investigation of a Commission appointed for that purpose by Sir John Bowring, the Governor of the said Colony, and which said charge might have been satisfactorily proved before the said Commission, but for the interference of the said Government to prevent the Crown.
(This report is from the shorthand notes taken for the Crown by Mr Weatherhead, Acting Deputy Registrar.)
My LORD, Some material witnesses are absent; nevertheless, I am quite ready to go on with the case. It is likely to last two days. Mr Davies writes me that being at Macao he cannot appear before Monday, and though the prosecutors have not condescended to notify us of the matter, I have heard, vaguely, that Dr Chaldecott is prepared to swear that Sir John Bowring is unable to appear in this Court, though quite able to drive out in his carriage and go to other places.
Court. If you are not in a position to go through with it, the case had better be postponed altogether.
Mr Anstey. A murrain appears to have visited all the officers of the Government. Another states that he is laid up with a badly inflamed leg. However, I suppose we must bow to the will of Providence, and submit to a postponement.
'pose that it was not performed after deep meditation, and "with reference to consequences.”
TRIAL.
Monday, 22nd November, 1858.
For the Crown. The Hon'ble F. W. Green, Esquire, Acting Attorney General, Mr George Cooper Turner, Crown Solicitor.
For the Defendant. The Hon'ble Thomas Chisholm Anstey, Esquire, Attorney General, Mr Henry Jefferd Tarrant, Attorney.
SPECIAL JURY.
Patrick Campbell Esq., Manager of the Oriental Bank Corporation, (British). John Costerton Esq., Manager of the Incorporated Mercantile Bank of India, London and China, (British). N. M. Beckwith, Esq., of the firm of Russell & Co., (American). Francis Chomley, Esq., of the firm of Dent & Co., (British). Francis Parker, Esq., of the firm of Augustine Heard & Co., (American). Phillip Cohen, Esq., of the firm of Phillips Moore & Co., (British). Albert Vaucher, Esq., of the firm of Vaucher & Co., (Swiss).
The Jury being sworn, the Acting Registrar read the INFORMATION.
IN THE SUPREME COURT OF HONGKONG.
The Eighteenth day of November, One thousand eight hundred and fifty-eight.
HONGKONG TO WIT.
Mr Anstey. Sir John Bowring is at perfect liberty to reveal any of the proceedings of Government to all the world, and exercises the power whenever he thinks fit.
Court. There is no doubt that Sir John Bowring stands in a very different position in that respect from the other officers of Government. The trial must stand over for the present until the parties now unable to appear recover their health. I cannot appoint a day until they are well.
Mr Anstey. As we cannot have de bene esse examination in criminal cases, it would be an advantage to take the evidence of such of the witnesses as are now present.
Mr Green. Might it not be possible by making certain admissions to dispense with the evidence of Sir John Bowring?
Court to Mr Anstey. Your's is an application for postponement on account of the absence of material witnesses.
Mr Anstey. I propose that we go on with the case as far as we can.
(Signed) FREDK. WM. GREEN.
William Tarrant, take notice that you will be tried on this information at the Criminal Sessions at the Supreme Court to be holden at Victoria in and for the Colony of Hongkong, on the eighteenth day of November in the year of our Lord one thousand eight hundred and fifty-eight, and following days.
A. WEATHERHEAD,
for the Registrar.
IN THE SUPREME COURT OF HONGKONG.
Criminal Sessions, October, 1858.
The Queen against William Tarrant.
The Queen comes into the Court here and charges William Tarrant of the Colony of Hongkong aforesaid, Editor and Proprietor of the Newspaper called the Friend of China, with having, with intent to move the Queen's subjects to hatred and contempt of the Queen's Government in the said Colony, and to cause it to be believed that a certain grave and scandalous charge having been preferred.
Mr Anstey being suspended from office was at liberty to act for the defendant.
SECOND PLEA. And for a further plea to the said Information, the said defendant, protesting that he is not guilty as aforesaid, nevertheless, according to the form of the statute in such case provided, says that the said alleged libel in the said Information mentioned was printed and published by him the said defendant, after the passing of the Act of Parliament of the seventh year of the Queen, chapter twenty-six, to wit on the day and year in the said Information mentioned and not otherwise.
Dr Chaldecott.—It is impossible for me to fix a date.
Mr Anstey.—A week say?
Dr Chaldecott.—I should say not, decidedly.
Mr Anstey.—Well then, a fortnight perhaps.
Dr Chaldecott. It is impossible to say. All I can say is that he is not at present in a fit state to appear in Court.
Court to Mr Anstey.—What do you wish Sir John Bowring to prove?
Mr Anstey. I will state the points required, 1st, I wish to have the documents produced specified in the Subpœna Duces Tecum. 2d All that he knows respecting the receipt of, and the parting with Mr May's memoranda, and the papers respecting Mr Caldwell and Ma-chow Wong on which those memoranda were framed. 3d What took place in the Executive Council respecting these memo. Mr D'Almada having declined to reveal any of the proceedings on the plea of official secrecy. 4th Whether Sir John Bowring knew what became of the memoranda, and the like as to the Ma-chow Wong papers themselves. 5th Whether he gave any and what directions or suggestions respecting the safe keeping or destruction of those documents or any of them. 6th When were those papers destroyed to the best of his belief, whether in May.
Mr Anstey. I only want Sir John to give permission to his officers to make the admissions and afford the information required.
Court. Very well, let it be so.
[Mr Anstey here applies to have the Jury drawn now by the Registrar, so that only those need attend on Monday who would be actually required.]
Court. They must all appear again on Monday.
Mr Anstey. The whole of them?
Court. Yes.
Mr Anstey. I have just been informed by Mr Gibb, whose word no man doubts, that one of the absent witnesses, Mr J. D'Almada, was in Court just now, and present at the very time of my commenting on the circumstance of so many of the Government officers being prevented by illness from attending. I submit that this is a gross contempt of Court, and deserves some notice from your Lordship.
Set
398
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Mr L. D'Almada. It is possible Mr Gibb might have mistaken me for my brother.
Mr Anstey.There is no mistake in the matter. Mr Jozé D'Almada was here in this Court but a few minutes since, Mr Mitchell the Sheriff saw him.
Court. Dr Chaldecott might give some explanation. Mr Anstey.-I now give notice that if on Monday next, any of the witnesses subpænæd are absent, I shall not be satisfied with written certificates, but shall insist on Dr Chaldecott being sworn, and personally examined as to
their state of health,
5343.
THE QUEEN v. TARRANT.
(
IN THE SUPREME COURT OF HONGKONG. Criminal Sessions, November 18th 1858. REGINA V, TARRANT.
118 )
At the opening of the Court this day, the Hon'ble T. Chisholm Anstey, Attorney General, Counsel for the de- fendant, addressed the Court, as follows,-
or March, as nearly as possible. 7th Why he did not, be- fore the end of June, inform the Legislative Council that the documents had been destroyed, and that the produc tion of them, therefore, which had been demanded, again and again, could not take place. Sth If destroyed, what were the contents of those documents, and how far they affected Mr Caldwell or any other officer of Government. Lastly a full, true and complete account of the proceed-
Mr Green-Sir John Bowring is as much bound not to reveal what took place in the Council as the Colonial Secretary or any other public servant.
with others, to the said Government against Daniel chard Caldwell, Esquire, Registrar General of the Colon and submitted to the investigation of a Commission a pointed for that purpose by Sir John Bowring, the Govern of the said Colony, and which said charge might ham been satisfactorily proved before the said Commission, b(This report is from the short hand notes taken for the for the interference of the said Government to prevent Crown by Mr Weatherhead, Acting Deputy Registrar.) the said Government had perpetrated some wicked an My LORD,-Some material witneses are absent; never-ings relative to the circular of 26th January 1858, addressed contemptible manoeuvre for the purpose of preventing, andtheless I am quite ready to go on with the case. It is in effect had thereby prevented the establishment of the ikely to last two days. Mr Davies writes me that being at
to all departments of the public service, commanding every said charge to the satisfaction of the said Commissio Macao he cannot appear before Monday, and though the all the incidents relating thereto.
one to obey Dr Bridges as if he were their Governor, with heretofore, to wit, on the twenty eighth day of Julrosecutors have not condescended to notify us of the in this present year one thousand eight hundred and matter, I have heard, vaguely, that Dr Chaldecott is fifty eight, in the Colony aforesaid falsely and mal prepared to swear that Sir John Bowring is unable to ap- ciously printed and published a certain scandalous false pear in this Court, though quite able to drive out in his Before the Hon'ble John Walter Hulme, Esquire, Chief and malicious libel of and concerning the said Gor earriage and go to other places. I am quite willing, how. Justice.-
ernment, according to the tenor and effect following, (that ever, either to go on or submit to a postponement. is to say) "the principal charge (meaning the said charge Court. If you are not in a position to go through with against the said Daniel Richard Caldwell) "broke down-it, the case had better be postponed altogether. (ineaning that the said charge was not established to the Mr Anstey.-A murrain appears to have visited all the satisfaction of the said Commission) "through a contempt officers of the Government. Another states that he is laid "ble, damnable trick on the part of Government (meaning up with a badly inflamed leg. However, I suppose we must the said Government) "a trick which should certainly be how to the will of Providence, and submit to a postpone- "punished in some way or other, for it is farcical to supment.
'pose that it was not performed after deep meditation, and "with reference to consequences.”
TRIAL.
Monday, 22d November, 1858.
For the Crown. The Hon'ble F. W. Green, Esquire, Acting Attorney General, Mr George Cooper Turner, Crown Solicitor.
For the Defendant. The Hon'ble Thomas Chisholm Anstey, Esquire, Attorney General,*-Mr Henry Jefferd Tarrant, Attorney.
SPECIAL JURY.
Patrick Campbell Esq., Manager of the Oriental Bank Corporation, (British.) - John Costerton Esq., Manager of the Incorporated Mercantile Bank of India, London and China, (British.)-N. M. Beckwith, Esq., of the firm of Russell & Co., (American)-Francis Chomley, Esq., of the firm of Dent & Co., (British.)-Francis Parker, Esq., of the firm of Augustine Heard & Co., (American.)-Phil- lip Cohen, Esq., of the firm of Phillips Moore & Co., (British.)-Albert Vaucher, Esq., of the firm of Vaucher & Co., (Swiss.)
The Jury being sworn the Acting Registrar read the--
INFORMATION.
IN THE SUPREME COURT OF HONGK
HONGKONG.
#
The Eighteenth day of November, One thousand eight hundred and fifty eight.
HONGKONG The Acting Attorney General [informs the
TO WIT
።
reveal any of the proceedings of Government to all the Mr Anstey.Sir John Bowring is at perfect liberty to
world, and exercises the power whenever he thinks fit.
Court. There is no doubt that Sir John Bowring stands in a very different position in that respect from the other officers of Goverment. The trial must stand over for the present until the parties now unable to appear recover their health. I cannot appoint a day until they are well. Mr Anstey. As we cannot have de bene esse exami- nation in criminal cases, it would be an advantage to take Mr Green.-(Acting Attorney General) Might it not be the evidence of such of the witnesses as are now present. possible by making certain admissions to dispense with The Surveyor General, for instance, is now here, and ready the evidence of Sir John Bowring? →
to give evidence, he might be called away to a distance Court to Mr Anstey.-Your's is an application for post-perhaps, on the other side of the Island, at any time, in ponement on account of the absence of material witnesses. the course of his official duties.
Mr Anstey I propose that we go on with the case as Mr Green. I may as well take this opportunity of
(Signed) FREDK. WM. GREEN. William Tarrant, take notice that you will be tried on this information at the Criminal Sessions at the Supreme Court to be holden at Victoria in and for the Colony ofar as we can. Let us fix those witnesses who are present; Hongkong, on the eighteenth day of November in the year of our Lord one thousand eight hundred and fifty eight, and following days.
PLEA
A. WEATHERHEAD,
for the Registrar.
IN THE SUPREME COURT OF HONGKONG
Criminal Sessions, October, 1858.
Court here that 1] charges William Tarrant of the
The Queen against William Tarrant. Colony of Hongkong aforesaid, Editor and Proprietor of the Newspaper called the Friend of China, with his own proper person comes into the Court here, and FIRST PLEA. And now the said William Tarrant in having, with intent to move the Queen's subjects to having heard the said Information read, says, that he is hatred and contempt of the Queen's Government inNOT GUILTY of the premises charged in the said Informa the said Colony, and to cause it to be believed that a tion or any part thereof. certain grave and scandalous charge having been preferred
Mrnatey being suspended from office was at liberty to act for the defendant.
SECOND PLEA. And for a further plea to the said In- formation, the said defendant, protesting that he is not guilty as aforesaid, nevertheless, according to the form of the statute in such case provided, says that the said alleg. ed libel in the said Information mentioned was printed and published by him the said defendant, after the passing of the Act of Parliament of the seventh year of the Queen, The words " with intent" were omitted in the original information chapter twenty-six, to wit on the day and year in the said
↑ The words within brackets had to be expunged, and the Information amended as given.
fled..
Information mentioned and not otherwise. And that before
stating that His Excellency the Governor is anxious to by and by we will nail the others. Dr Chaldecot is pre-appear as soon as he can in the Witness box, and has sent, perhaps he will say when, in his opinion, Sir John instructed the officers of Government to afford every in-
Bowring will be able to attend as a witness.
Dr Chaldecott.—It is impossible for me to fix a date. Mr Anstey.-A week say?
Dr Chaldecott.-I should say not, decidedly. Mr Anstey.-Well then, a fortnight perhaps.
Dr Chaldecott.It is impossible to say. All I can say is that he is not at present in a fit state to appear in Court.
Court to Mr Anstey.-What do you wish Sir John Bowring to prove?
Mr Anstey. I will state the points required, 1st, I wish to have the documents produced specified in the Subpœna Duces Tecum. 2d All that he knows respecting the receipt of, and the parting with Mr May's memoran- da, and the papers respecting Mr Caldwell and Ma- chow Wong on which those memoranda were framed. 3d What took place in the Executive Council respecting these memo. Mr D'Almada having declined to reveal any of the proceedings on the plea of official secrecy. 4th Whether Sir John Bowring knew what became of the me- moranda, and the like as to the Ma-chow Wong papers them- elves. 5th Whether he gave any and what directions or suggestions respecting the safe keeping or destruction of hose documents or any of them. 6th When were those papers destroyed to the best of his belief, whether in May
formation and assistance in their power.
Mr Anstey. I only want Sir John to give permission to his officers to make the admissions and afford the infor- mation required. If possible, I will endeavour to dispense with the evidence of Mr Jozé D'Almada and the Queen's Printer. If the case be taken on Monday, I will under- take that the question shall be settled at the sitting of the Court, whether it will be necessary to postpone the trial
or not,
Court. Very well, let it be so.
[Mr Anstey here applies to have the Jury drawn now by the Registrar, so that only those need attend on Monday who would be actually required.]
Court. They must all appear again on Monday. Mr Anstey. The whole of them? Court. -Yes.
Mr Anstey.I have just been informed by Mr Gibb, whose word no man doubts, that one of the absent witnesses, Mr J. D'Almada, was in Court just now, and present at the very time of my commenting on the circumstance of so many of the Government officers being prevented by illness from attending. I submit that this is a gross con- tempt of Court, and deserves some notice from your Lordship.
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