(117)
'jects in China, for the purpose of being examined by Messrs Mongan and Caldwell, or either of them; the original memorandum or circular of His Excellency Sir John Bowring dated the Twenty-sixth day of January, one thousand eight hundred and fifty eight, addressed to all public departments for their information and guidance, and any copy draft of or extract from the same, and all letters or copies of letters of the said William Thomas Bridges then Acting Colonial Secretary covering the same to such departments, all correspondence and copies of correspondence official and private between you or either of you and Thomas Wade, Esquire, at present Chinese Secretary, between the Thirtieth day of September, one thousand eight hundred and fifty seven, and the day of the trial of the Information referred to herein, and all other documents letters, books, papers, instruments and writings, and copies of documents, letters, books, papers, instruments and writings in your possession, custody or power, or under your control in any way relating to or connected with the matters now at issue.
His Excellency Sir John Bowring, Knight LL.D. Governor of the Colony of Hongkong, and Chief Superintendent of the Trade of British subjects in China, &c., &c., was served with a Subpœna duces tecum to produce.
DOCKET.
Sent to Court on 9th November---The Deputy Registrar refused to issue---The Judge subsequently ordered issue and the Registrar to forward to Colonial Secretary---Gave Registrar copy for service.
(Signed)
H. TARRANT Defendant's Attorney.
Alr A. S. Dixson, Government Printer, Mr A. Grand-Pre Collector of Police Rates. Mr Jozé D'Almada, Clerk in the Colonial Secretary's Office, Mr W. H. Mitchell, Sheriff and Assistant Magistrate, and Mr James Jarman, Inspector of Police.
IN THE SUPREME COURT OF HONGKONG.
Criminal Jurisdiction.
REGINA
V2
Take notice that I, on behalf of Defendant (by Counsel) shall, on the Trial of this case TARRANT object to the Special Jury Panel herein, as struck on the thirteenth instant, on the grounds of the Defendant having had no notice of the nomination thereof and of Twelve Special Jurors only being returned by the Sheriff.
(116)
The only parties subpoenaed by the Crown were Dr Bridges and Mr Mongan.
HONGKONG
TO WIT.
SUBPŒNA DUCES TECUM.
(Criminal Jurisdiction.)
Victoria, by the Grace of God, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, to Norman Ramsay Masson, of Victoria in Hongkong, Acting Registrar of our Supreme Court of Hongkong, Greeting,
you
F
same on the Hon'ble H. 'T. Davies, Esq., Chief Magistrate of Police.
Additional notices were served on Messrs Forth and to the following effect.
(K
"You (Mr Forth) to produce all papers in your office, possession, power, custody, or control, relative to the evidence taken by the Caldwell Commission---also all correspondence and copy correspondence of William Thomas Bridges Esquire, or His Excellency the Governor with yourselves or each other, or between any or either of you, touching the constitution of the Caldwell Commission and the omission of your name.
And
"You (Mr Davies) to produce all correspondence and copies of correspondence between yourself and William Thomas Bridges, Esquire, regarding the Caldwell enquiry---Minutes of the meeting of Justices convened on or convening same, and all correspondence and copy correspondence about or connected with Assow the Interpreter.
The Hon'ble Charles St. George Cleverly, Esquire, Surveyor General and Charles May Esquire, Superintendent of Police, were served with subpœnas to produce.
We command you, that laying aside all and singular business and excuses, you and every of you, be and appear in your proper persons before our Chief Justice of our Supreme Court of our Colony of Hongkong, at Victoria, on the Twenty second day of November instant, at 12 of the Clock noon of the same day, and following days until discharged, and also that you bring with and produce at the time and place aforesaid the original or copy of the circular or memorandum of His Excellency Sir John Bowring, dated the twenty-sixth day of January 1858, addressed to all the public departments of the Colony of Hongkong for the information and guidance thereof, with the letter forwarding you such circular or memorandum; also the Queen's Colonial Service Regulations, or a copy thereof, all other documents, letters, books, papers, instruments and writings, and copies of documents letters, books, papers instruments and writings in your possession, custody or power, or under your control in any way relating thereto, or in any way relating to or connected with the matters now at issue between ourselves and one William Tarrant, in respect of the information for Libel filed by our Acting Attorney General in our Supreme Court of Hongkong in its Criminal Jurisdiction, against the said William Tarrant, dated the eighteenth day of November aforesaid, or containing any entry, memorandum or minute in any wise relating to such matters so at issue as aforesaid, and also there and then to testify and shew all and singular those things which you know concerning the matter so at issue between ourselves and the said Defendant; and this you, or any of you shall by no means omit, under the penalty upon each of you of One Hundred Dollars.
Dated, November 16th, 1858.
To G. TURNER, Esq., Crown Solicitor.
(Signed)
"Certain paper writings and books in the Chinese language seized on the premises of one Wong Akee otherwise Ma-chow Wong, now a convict in the Gaol of Victoria, including that portion thereof which you, in the month of October 1857, directed should be sent from the Police office or come to the office of the Superintendent of the Trade of British subjects in China, for the purpose of being examined by Messrs Mongan and Caldwell;---the original of your memorandum or circular of the 26th January 1858, addressed to all Public Departments for their information and guidance;---letters or copies of the letters of the then Acting Colonial Secretary covering same to such departments;---and all other letters, books, papers, instruments and writings whatsoever, and copies of documents, letters, books, papers, instruments and writings in your possession, custody or power or under your control, in any way relating to or connected with the matters now at issue between Her Majesty the Queen and one William Tarrant in respect of the Information filed by Her said Majesty's Acting Attorney General against the said William Tarrant, dated the 18th day of November 1858, or containing any entry memorandum or minute in any wise relating to such matters so at issue as aforesaid; and also, then and there to testify and shew all and singular those things which you know on the trial of a certain Information for Libel filed in our said Supreme Court at Victoria, in its Criminal Jurisdiction by Her said Majesty's Acting Attorney General against the said William Tarrant, and dated the 19th day of November aforesaid.
of the firm of Gibb, Livingston & Co.---William Lamont John Darby Gibb, Esquire J. P., Managing Partner Esquire J. P., Sub-manager of the Oriental Bank Corporation---Ludwig Wiese, Esquire, Managing Partner of the house of Siemssen & Co.---N. L. Beckwith, Esquire Managing Partner of the American house of Russell & Co.,---G. L. Wiener, Esquire, Consul for Austria, Managing Partner of the Hongkong branch of Lindsay & Co and Nicolay Duus, Esquire, Consul for Sweden and Norway, Managing Partner of the firm of N. Duus & Co.]
WITNESS, The Honourable JOHN WALTER HULME, Esquire, Our Chief Justice of our said Colony, at Victoria, the Twenty-second day of November, in the Twenty-second year of our reign, 1858.
Sealed by
HENRY JEFFERD TARRANT, Defendant's Attorney, Queen's Road, Victoria.
A. WEATHERHEAD, for the Registrar.
A similar subpœna was served on the Hon'ble Frederick Forth, Esq., Acting Colonial Secretary, and the same on Mr Leonardo D'Almada e Castro, Clerk of Councils and Chief Clerk to the said Acting Colonial Secretary, and the
"The following documents, to wit, you, the said Charles St. George Cleverly, all letters and copies of letters referred to by you in your deposition, and documents relative to the Caldwell Commission and the printing of its proceedings; and you the said Charles May all correspondence and copy correspondence between yourself and any person or persons whomsoever, relative to or in any way connected with the Caldwell enquiry, or any matters connected therewith, either previous to its issuing or during or subsequent to its sitting; and each of you, the said Charles St. George Cleverly and Charles May, all other documents, letters, books, papers, instruments and writings, in your or either of your possession, custody or control, or copies, in any way relating to or connected with the matters at issue between ourselves and one William Tarrant, in respect of an Information for Libel filed by our Acting Attorney General against the said William Tarrant, and dated the eighteenth instant, or containing any entry memorandum or minute in any wise relating to such matters so at issue.
William Thomas Bridges of Victoria, D.C.L. Barrister at law and James Mongan Assistant Chinese Secretary were also subpœnaed by the defendant to produce.
"All paper writings and books in the Chinese language seized on the premises of one Wong Akee, otherwise Ma-chow Wong, now a convict in the Gaol of Victoria, including that portion thereof which His Excellency Sir John Bowring in the month of September one thousand eight hundred and fifty seven directed should be sent from the Police office or Court, to the office of the Superintendent of the Trade of British subjects in China, for the purpose of being examined by Messrs Mongan and Caldwell;
የዳኒ
399
T
16
<<
( 117 )
'jects in China, for the purpose of being examined by Messrs Mongan and Caldwell, or either of them; the original me. "morandum or circular of His Excellency Sir John Bowring "dated the Twenty-sixth day of January, one thousand "eight hundred and fifty eight, addressed to all public de- partments for their information and guidance, and any "copy draft of or extract from the same, and all letters "or copies of letters of the said William Thomas Bridges "then Acting Colonial Secretary covering the samne to such departments, all correspondence and copies of correspon- "dence official and private between you or either of you " and Thomas Wade, Esquire, at present Chinese Secretary, << between the Thirtieth day of September, one thousand eight hundred and fifty seven, and the day of the trial of "the Information referred to herein, and all other documents letters, books, papers, instruments and writings, and copies "of documents, letters, books, papers, instruments and writ- 'ings in your possession, custody or power, or under your #control in any way relating to or connected with the mat- "ters now at issue."
"
His Excellency Sir John Bowring, Knight LL.D. Gov- ernor of the Colony of Hongkong, and Chief Superinten- dent of the Trade of British subjects in China, &c., &c., was served with a Subpana duces tecum to produce.-
"
DOCKET.
Sent to Court on 9th November-The Deputy Registra refused to issue---The Judge subsequently ordered issue and the Registrar to forward to Colonial Secretary-Gave Registrar copy for service.
(Signed)
The defendant also subpænæd.--.
H. TARRANT Defendant's Attorney.
Alr A. S. Dixson, Government Printer, Mr A. Grand-Pre Collector of Police Rates. Mr Jozé D'Almada, Clerk in the Colonial Secretary's Office, Mr W. H. Mitchell, Sherif and Assistant Magistrate, and Mr James Jarman, Inspec tor of Police.
IN THE SUPREME COURT OF HONGKONG. Criminal Jurisdiction.
REGINA
V2
Take notice that I, on behalf of Defendant (by Counsel) shall, on the Trial of this case TARRANT object to the Special Jury Panel herein, as struck on the thirteenth instant, on the grounds of the De fendant having had no notice of the nomination thereof and of Twelve Special Jurors only being returned by the
Sheriff.
( 116 )
The only parties subpoenaed by the Crown were Dr Bridges and Mr Mongan.
HONGKONG
TO WIT.
SUBPOENA DUCES TECUM.
(Criminal Jurisdiction.)
Victoria, by the Grace of God, of the United Kingdom of Great Britain and Ireland, Queen, Defender the Faith, to Norman Ramsay Masson, of Victoria in Hongkong, Acting Registrar of our Supreme Court of Hong- kong, Greeting,
you
F
same on the Hon'ble H. 'T. Davies, Esq., Chief Magistrate of Police.
Additional notices were served on Messrs Forth and to the following effect.-
(K
"You (Mr Forth) to produce all papers in your office, "possession, power, custody, or control, relative to the evi- "dence taken by the Caldwell Commission--also all cor respondence and copy correspondence of William Tho- "mas Bridges Esquire, or His Excellency the Governor "with yourselves or each other, or between any or either "of you, touching the constitution of the Caldwell Com- "mission and the omission of your name."
And-
"You (Mr Davies) to produce all correspondence and "copies of correspondence between yourself and William Thomas Bridges, Esquire, regarding the Caldwell en- "quiry-Minutes of the meeting of Justices convened on "or convening same, and all correspondence and copy "correspondence about or connected with Assow the In- "terpreter."
The Hon'ble Charles St. George Cleverly, Esquire, Sur- veyor General and Charles May Esquire, Superintendent of Police, were served with subpœnas to produce.—
We command you, that laying aside all and singular business and excuses, you and every of you, be and appear in your proper persons before our Chief Justice of our Supreme Court of our Colony of Hongkong, at Victoria, on the Twenty second day of November in- stant, at 12 of the Clock noon of the same day, and follow- ing days until discharged, and also that you bring with and produce at the time and place aforesaid the ori- ginal or copy of the circular or memorandum of His Excel- lency Sir John Bowring, dated the twenty-sixth day of January 1858, addressed to all the public departments of the Colony of Hongkong for the informance and guid- ance thereof, with the letter forwarding you such circular or memorandum; also the Queen's Colonial Service Regu- lations, or a copy thereof, all other documents, letters, books, papers, instruments and writings, and copies of documents letters, books, papers instruments and writings in your pos- session, custody or power, or under your control in any way relating thereto, or in any way relating to or connect- ed with the matters now at issue between ourselves and one William Tarrant, in respect of the information for
"ings; and you the said Charles May all correspondence Libel filed by our Acting Attorney General in our Supreme "and copy correspondence between yourself and any per- Court of Hongkong in its Criminal Jurisdiction, against "son or persons whomsoever, relative to or in any way con- the said William Tarrant, dated the eighteenth day of "nected with the Caldwell enquiry, or any matters connect- November aforesaid, or containing any entry, meinorandum *ed therewith, either previous to its issuing or during or or minute in any wise relating to such matters so at issue "subsequent to its sitting; and each of you, the said Charles as aforesaid, and also there and then to testify and shew "St. George Cleverly and Charles May, all other documents, all and singular those things which you know concerning letters, books, papers, instruments and writings, in your or H. J. TARRANT, the matter so at issue between ourselves and the said "either of your possession, custody or control, or copies, in Defendant's Attorney;;
William Tarrant as aforesaid, on the part of the defen." any way relating to or connected with the matters at issue Queen's Road, Victoria.dant; and this you, or any of you shall by no means "between ourselves and one William Tarrant, in respect of omit, under the penalty upon each of you of One Hundred" an Information for Libel filed by our Acting Attorney Ge- Dollars.
"neral against the said William Tarrant, and dated the eight "eenth instant, or containing any entry memorandum or "minute in any wise relating to such matters so at issue.",
Dated, November 16th, 1858.
To G. TURNER, Esq., Crown Solicitor.
(Signed)
"Certain paper writings and books in the Chinese “language seized on the premises of one Wong Akee other. "wise Ma-chow Wong, now a convict in the Gaol of Vic- "toria, including that portion thereof which you, in the "month of October 1857, directed should be sent from the "Police office or come to the office of the Superintendent of "the Trade of British subjects in China, for the purpose of being examined by Messrs Mongan and Caldwell ;-the original of your memorandum or circular of the 26th Janu- ary 1858, addressed to all Public Departments for their "information and guidance;-letters or copies of the letters "of the then Acting Colonial Secretary covering same to "such departments;--and all other letters, books, papers, "instruments and writings whatsoever, and copies of do- "cuments, letters, books, papers, instruments and writings "in your possession, custody or power or under your con- [In consequence of the above notice, a new Jury was ❝trol, in any way relating to or connected with the mat-struck, the Jurors hereunder mentioned, previously rei "ters now at issue between Her Majesty the Queen and jected by the Crown Solicitor, being included in th "one William Tarrant in respect of the Information fil-panel.- "ed by Her said Majesty's Acting Attorney General "against the said William Tarrant, dated the 18th day of “November 1858, or containing any entry memorandum "or minute in any wise relating to such matters so at “ issue as aforesaid; and also, then and there to testify and shew all and singular those things which you know "on the trial of a certain Information for Libel filed in "our said Supreme Court at Victoria, in its Criminal Ju. risdiction by Her said Majesty's Acting Attorney General against the said William Tarrant, and dated the 19th
"
day of November aforesaid."
of the firm of Gibb, Livingston & Co.- William Lamont John Darby Gibb, Esquire J. P., Managing Partne Esquire J. P., Sub-manager of the Oriental Bank Cor poration-Ludwig Wiese, Esquire, Managing Partne of the house of Siemssen & Co.-N. L. Beckwith, Esquire Managing Partner of the American house of Russell f Co.,-G. L. Wiener, Esquire, Consul for Austria, Manag ing Partner of the Hongkong branch of Lindsay & Co and Nicolay Duus, Esquire, Consul for Sweden an Norway, Managing Partner of the firm of N. Duus
Co.]
WITNESS, The Honourable JOHN WALTER HULME, Esquire, Our Chief Justice of our said Colony, at Victoria, the Twenty-se- cond day of November, in the Twenty-se- cond
year of our reign,, 1858.
Sealed by
HENRY JEFFERD TARRANT, Defendant's Attorney, Queen's Road, Victoria.
A. WEATHERHEAD,. for the Registrar.
A similar subpoena was served on the Hon'ble Frederick Forth, Esq., Acting Colonial Secretary, and the same on Mr Leonardo D'Almada e Castro, Clerk of Councils and Chief Clerk to the said Acting Colonial Secretary, and the
"The following documents, to wit, you, the said Charles "St, George Cleverly, all letters and copies of letters referred "to by you in your deposition, and documents relative to "the Caldwell Commission and the printing of its proceed.
*
William Thomas Bridges of Victoria, D.C.L. Barrister at law and James Mongan Assistant Chinese Secretary were also subpoenæed by the defendant to produce.—
<<
"All paper writings and books in the Chinese lan- guage seized on the premises of one Wong Akee, "otherwise Ma-chow Wong, now a convict in the Goal "of Victoria, including that portion thereof which His "Excellency Sir John Bowring in the month of Septem- "ber one thousand eight hundred and fifty seven direct- "ed should be sent from the Police office or Court, to the- "office of the Superintendent of the Trade of British sub-
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