CO129-074 - Lieut. Governor Caine & Sir Robinson - 1859 [6-12] — Page 406

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EIGHTH HEARING.

I wrote it in the office here. I copied it, or rather remonce was illegal in effect, and had been instigated by a Mr May's case I always considered the undue interfe- elled it from a rough memo. which I had previous rong personal hostility, I know not how produced. The prepared at the Police Station, but to which Mr Collidinance which defined Mr May's duties established the objected as informal.

Hegality, and the insulting tone of the private and semi ficial letters, which he was directed by the Governor to

August 26, 1858. JAMES JARMAN,--examined on oath states. The Ma-chow Wong papers and books were in my custo- dy, from the time I seized them until I delivered them up LO AYEE,--warned, states I am coolie of this office. at this Court, I cannot specify the period. I now recollect, recollect the papers of the Ma-chow Wong's case beinspect, established the personal feeling. on the 18th July 1857. I seized the papers, and they re-here, they were here for 7 or 8 days. Í accompanied the mained in my charge up to 29th September. I made no

up to the Government offices, and handed them over to Inventory of them. I know that Mr May made memo. coolie called "Allum" who carried them upstairs. from the books at the Central Station, through Tong Aku as his Interpreter. I saw the examination going on. The papers examined were put back into their repositories along with the unexamined. To the best of my belief the papers examined by Mr May, were in the baskets when I delivered them up to the Court here.

ALEXANDER GRAND-PRE, examined on oath

states.

By Mr Tarrant.-I sent the papers to the Police Court by direction of Mr May, I accompanied them myself. They were under seal. It was impossible that any por- tion of them could have been abstracted in transitu.

A. GRAND-PRE

(Signed)

NINTH HEARING...........

August 27, 1858.

JAMES COLLINS, Chief Clerk on oath states. By Mr Tarrant. The books and papers in the Ma- chow Wong case, that is to say a certain portion of them were brought into my office in packages by Mr Jarman on or about the 30th September 1857.

(Signed) J. COLLINS.

I recollect some baskets and papers being brought to my office by Mr Jarman. As well as I can recollect it was on the 30th, and the despatch book and other Records bear this out. They did not remain with me much above an hour or so. I think they were sent to the Superinten- dent's office. Some of them were sufficiently sealed when they arrived; and others were better secured before they were sent off. Mr R. Mitchell prepared a list of them. He must have done so by my orders. I don't recollect by whom they were taken to the Superintendent's office. Their despatch is entered in the office despatch book and receipts were signed for them by Mr Morrison the Secre- tary. This is dated 29th September 1857. The receipt at foot is dated 30th... I think the list prepared by. Mr R. Mitchell was copied from one brought by Mr Jarman from the Police Station. The packages were at my office for not much more than one hour, certainly not for one night,

(Signed) J. COLLINS.

RICHARD MITCHELL,-examined on oath. By Mr Tarrant ann certain the baskets of papers did not remain in our office longer than one hour. Mr Grand Pré wrote his list in the office here. I gave him pen, ink and paper.

(Signed) R. MITCHELL. ALEXANDER GRAND-PRE,-recalled states on oath. I believe the date at foot of my memo. of the contents of the packages viz. 29th September is the correct date.

TENTH HEARING

September 2, 1858. IN THE COURT OF THE MAGISTRACY OF POLICE.

and

In answer to your second question, I was present at the Petty Session Court as a spectator in a case in which Dr Bridges and myself were present, where Mr Caldwell act- das prosecutor, and in which Mr May's name was, on Dr Bridges suggestion, obtained from Mr Caldwell. As the Bench thought, and as I thought, from what passed hen and the correspondence which followed, I was con- Between our Lady the QUEEN-Complainan May was due to his (Dr Bridge's) intimate relation vinced that a great deal of Dr Bridges' ill feeling towards

with Mr Caldwell. I am convinced in that opinion by the manifest ill humour of Bridges towards every person who he believed to be hostile to Mr Caldwell, without being in a position to resent such ill humour. 1.-That one Andrew Scott Dixson of Victoria in the Mr Tarrant reads a passage of his letter dated 4th Au- Colony, Government Printer, is a material witness for must instant, containing extract from the Attorney General's behalf and interest (albeit unwilling to appear and be evidence before the Commission,as quoted in Friend of Chi- examined) in this present examination.

2. That the said Dixson hath been duly subpoenaed

of 7th July:] In answer to question, Deponent states,- by my procurement to appear in this Court and be exwords of mine as amounting to a direct charge against Undoubtedly you were right in having described those amined touching the premises.

WILLIAM TARRANT,-Defendant,

1, William Tarrant, the defendant above named, make oath and say as follows

3.--That he hath, since being so subpoenaed, hastily gone to Macao, and, as I believe, to Canton also; and than I verily believe that his reason for so acting is that he fean to undergo such examination as he must be subjected to if he be examined at all in this Court touching the pre

mises.

4. That my reasons for so believing are, first, because; he hath compromised himself publicly, that is to say, in his. newspaper the China Mail, to a defence of the proceedings of one Daniel Richard Caldweld and of one William Thomas Bridges, touching the matters whereunto they have been examined on the part of the prosecution against me in this case. And, secondly, because I have been inform ed by one Gustav Roesing, and by one L. A. Lubeck, both of Macao aforesaid, and I verily believe this information to be true, that since his said flight from Hongkong, in one of his conversations, as I am informed by one of them, the said Gustav Roesing and L. A. Lubeck (but by which of them 1 do not now remember) the said Dixson declared that he way (or words to that effect) as he did not wish to be ex was then going to Canton aforesaid to keep out of the

amined in this case (or words to that effect.)

5. That I am advised by my Council (yesterday re

sey, Esquire, that the evidence of the said Dixson is so in tained by me herein) the Hon'ble Thomas Chisholm Ans portant as tending to discredit the said other Crown wit nesses in this Affidavit named, that I ought to apply to this Worshipful Court for a postponement of the furthe

coming. procengs: herein, until the said Dixson shall be forth-

Sworn before ¿zc.

W. H. MITCHELL.

and his subordinates. Dr Bridges, for they referred to nobody else but himself

the minutes of evidence page 68.* I now peruse, at your This passage is also contained in the report given in

request, that passage beginning with the third sentence from the foot of the first column, and ending with my I see nothing

remarked upon it. in-law, Shaplok, had had in the business, or I should have

ropeans and Chinese, not even excepting Mr Caldwell, Tong Aku was the ablest Interpreter amongst the Eu-

whom I have known during the two years and-a-half have filled the office of Attorney General. As to his good

It is well known that the ablest are not the most honest faith and trustworthiness I held him not inferior to any,

and that the most honest are the least able, but he was both able and honest. I believe him to have been_sacri- ficed to Mr Caldwell and Ma-chow Wong, and have long ago reported my opinion to that effect.

T. CHISHOLM ANSTEY. Taken and acknowledged before me this 21st Augt., 1858.

-W. H. MITCHELL. JAMES MONGAN,-recalled states on oath. Cross-examined by MR TARRANT,—

destroyed in March. 1 think I received them from Mr I have reason to believe the Documents were

Wade about the 3d of March. I was absent from

the 6th to the 22d (with exception of one day) but cannot say whether the papers were destroyed before or after my visit to Canton. I took my teacher with me to Canton. During my absence, Ma-chow Wong's

office servants. books and papers were bona fide in the custody of the Mr Hughes used to look in occasionally, and a teacher of Mr Wade's, together with a Chinese clerk belonging to the office were present during the day.

office coolie. When I brought the books out to be burnt, At night the office was locked up and the key kept by an

I found the parcels taped and sealed just as I left them.

When I first saw the baskets of papers they were in Mr statement itself in the second column.

Secretary Morrison's office up stairs. They were given therein which I do not confirm upon oath.

over to me by him. When I first saw them, one basket

stitute the libel in this case. If by Government he meant

In answer to your question, I notice the words which con- had been opened. Some of them, contained loose papers. Dr Bridges and those other officers of Government, if any, both of which were secured. I think I first saw these The basket that was opened contained two parcels, who joined him in authorising or directing the Acting papers in Mr Morrison's office on 30th September. They Chinese Secretary, Mr Mongan, to burn the books and pa- were given into my charge the same day, and were remov- pers of Ma-chow Wong, or those officers, if any, to whomed to my office. The office coolie, Apang, always locks the disappearance of the two memo. of Mr May is to be the office door, and keeps the key. I cannot say how far

justified by the facts, that the above incidents were the in my time. imputed, I say, on my oath, that I believe the libel already he is trustworthy. He has been two years in the office

work of premeditation and plan, and that the whole pro- ceeding is correctly designated as a trick; nor do I think that any man so believing can hesitate to despise and condemn it, or consider the epithets of "Contemptible and damnable" too strong which have been applied to it. Of course it follows that you were right in saying it ought to be punished.

In answer to your question.—

I have a general remembrance of the items of Mr Cald- well's report, but nothing particular with exception of item No. 4 which I clearly remember. Do not believe tos (Chinese Secretary's office) got all the papers. I have no doubt about it myself.

This is not a random statement.

The suspicious Documents would not have taken up altogether more than half a cubic foot. If I ever did see Mr May's memo., they were shewn to me by Mr Almada

At the time the Chief Justice made the remark in Le- gislative Council upon the impropriety of the mitigatione Castro, who was just about to send them to Mr Wade. of punishment in the Pawnbroker's case, I had not ascer. ained the part which Mr Caldwell and his reputed sister.

• Page 68 supra.

He came into my office and shewed me the papers (Mr May's memo.,) and I said, as well I recollect "These are certainly very extraordinary."

(Signed)

J. MONGAN,

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