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COPY of Communication to Mr. Fortescue, Under-Secretary of State for the Colonies, dated February 10, 1860.--- Bedford.
I take advantage of your official letter to inform you that I shall be in London on the 13th, and am likely to remain four or five days. My address will be the Senior United Service Club.
Seeing that Mr. James is to bring forward all Mr. Anstey's charges, I deem it proper thus to acquaint you, that I am ready to meet any charge prejudicial to my character, that may be brought against me.
(Signed) W. CAINE.
On the 17th February, 1860, Lieutenant-Colonel Caine forwarded a memorandum to Mr. Fortescue, in the event of Mr. James meeting the Anstey case in the House of Commons, notwithstanding Mr. Fortescue's belief that Mr. James did not contemplate moving any further in the matter of the 'Anstey case,' now that he has perused the correspondence which has been laid on the table of the House of Commons.
COPY of Memorandum above referred to for the information of Mr. Fortescue.
Memorandum regarding Mr. Tarrant's charges against Lieutenant-Colonel Caine.
Mr. Cleverly, Surveyor-General of Hong Kong, communicated to Major Caine, on the 2nd of July, 1847, the circumstance of stated extortions, in which the Colonial Secretary's name was used. The Secretary, Major Caine, upon hearing the foregoing, requested Mr. Cleverly to send him an official letter, detailing them for the information of the Governor. The official letter arrived on the following day, and was immediately submitted to the Governor (Sir John Davis), with a request on the part of the Secretary, that a strict investigation should be made into the matter, and consequently the Governor ordered the Acting Attorney-General, aided by Mr. Hillier, Chief Magistrate, Mr. Caldwell, and Mr. Marquess, Interpreters, to investigate the same; this was carried out by the Attorney-General, Mr. Charles Molloy Campbell, in his capacity of Grand Jurer of the Colony; and after a patient investigation of two days, and an examination of Mr. Tarrant and eighteen other witnesses, on oath, Mr. Campbell declared the charges made by Mr. Tarrant to be "groundless and without foundation," at the same time strongly animadverting upon Mr. Tarrant's conduct for not reporting these matters, though known to him for eight or nine months.
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Mr. Tarrant's trial, at the Magistrate's Court, on the 27th, 28th, and 29th July, 1847, arose at the instance of the Colonial Secretary; and the charges there proved against Mr. Tarrant stood unrefuted, or uncontradicted by Mr. Tarrant, then in Court.
On this occasion the Honourable A. R. Johnstone, Esq., Justice of the Peace, and Secretary to Her Majesty's Superintendent of Trade, conducted the examination; and here ceased all action on the part of the Colonial Secretary, who had nothing to do with proceedings in the Supreme Court; the whole affair then being under the control of the Attorney-General.
Further, "Lo Em-teen" was never subpoenaed by the Supreme Court, and after the abolition of his appointment as Magistracy Compradore in the August following, consequent upon the establishment of a Contractor for the Prison, he left Hong Kong for his native country, in the vicinity of Whampoa or Canton, as he had not then any trading business at Hong Kong, though he often went backwards and forwards there; and, if Mr. Tarrant had thought proper, he might at any time have caused him to be brought to trial before the Supreme Court.
Upon the occasion of Mr. Tarrant's trial for libel, in September last, he produced a book, entitled the "Markets' Account Book," to show certain entries of moneys therein stated to have been paid on Major Caine's account: this book, on being shown in Court to "Foong Athai" (one of Mr. Tarrant's witnesses on the trial, and a partner in the said markets), he denied on oath ever having seen it, and consequently it was impounded, and lodged in the Supreme Court. It must be remembered that in Mr. Campbell's investigation, in July, 1847, "Wye Afoon"* was asked to produce his market books, but they were not forthcoming. If therefore, the entries referred to by Mr. Tarrant had been true, is it not fair to infer that such conclusive evidence would have been then exhibited?
*Wye Afoon was the lessee of the markets.
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COPY of Communication to Mr. Fortescue, Under-Secretary of State for the Colonies, dated February 10, 1860.--- Bedford.
I take advantage of your official letter to inform you that I shall be in London on the 13th, and am likely to remain four or five days. My address will be the Senior United Service Club.
Seeing that Mr. James is to bring forward all Mr. Anstey's charges, I deem it proper thus to acquaint you, that I am ready to meet any charge prejudicial to my character, that may be brought against me.
(Signed) W. CAINE.
On the 17th February, 1860, Lieutenant-Colonel Caine forwarded a memorandum to Mr. Fortescue, in the event of Mr. James meeting the Austey case in the House of Commons, notwithstanding Mr. Fortescue's belief that Mr. James did not contemplate moving any further in the matter of the 'Anstey case,' now that he has perused the correspondence which has been laid on the table of the House of Commons."
COPY of Memorandum above referred to for the information of Mr. Fortescue.
Memorandum regarding Mr. Tarraut's charges against Lieutenant-Colonel Caine.
Mr. Cleverly, Surveyor-General of Hong Kong, com- municated to Major Caine, on the 2nd of July, 1847, the circumstance of stated extortions, in which the Colonial Secretary's name was used. The Secretary, Major Caine, upon hearing the foregoing, requested Mr. Cleverly to send him an official letter, detailing them for the information of the Governor. The official arrived on the following day, and was immediately submitted to the Governor (Sir John Davis), with a request on the part of the Secretary, that a strict inves tigation should be made into the matter, and consequently the Governor ordered the Acting Attorney-General, aided by Mr. Hillier, Chief Magistrate, Mr. Caldwell, and Mr. Mar- quess, Interpreters, to investigate the same; this was carried out by the Attorney-General, Mr. Charles Molloy Campbell, in his capacity of Grand Jurer of the Colony; and after a patient investigation of two days, and an examination of Mr. Tarrant and eighteen other witnesses, on oath, Mr. Camp- bell declared the charges made by Mr. Tarrant to be "groundless and without foundation," at the same time strongly
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animadverting upon Mr. Tarrant's conduct for not reporting these matters, though known to him for eight or nine months.
Mr. Tarrant's trial, at the Magistrate's Court, on the C27th, 28th, and 29th July, 1847, arose at the instance of the Colonial Secretary; and the charges there proved against Mr. Tarrant stood unrefuted, or micontradicted by Mr. Tar- rant, then in Court.
On this occasion the Honourable A. R. Johnstone, Esq.,. Justice of the Peace, and Secretary to Her Majesty's Super- intendent of Trade, conducted the examination; and here ceased all action on the part of the Colonial Secretary, who had nothing to do with proceedings in the Supreme Court; the whole affair then being under the control of the Attorney- General.
Further, "Lo Em-teen" was never subpoened by the Supreme Court, and after the abolition of his appointment as Magistracy Compradore in the August following, conse- quent upon the establishment of a Contractor for the Prison, he left Hong Kong for his native country, in the vicinity of Whampoa or Canton, as he had not then any trading busi- ness at Hong Kong, though he often went backwards and forwards there; and, if Mr. Tarrant had thought proper, he might at any time have caused him to be brought to trial before the Supreine Court.
Upon the occasion of Mr. Tarrant's trial for libel, in Sep- tember last, he produced a book, entitled the "Markets' Account Book," to show certain entries of moneys therein stated to have been paid on Major Caine's account: this book, on being shown in Court to "Foong Athai" (one of Mr. Tarrant's witnesses on the trial, and a partner in the said markets), he denied on oath ever having seen it, and consequently it was impounded, and lodged in the Supreme Court. It must be remembered that in Mr. Campbell's inves- tigation, in July, 1847, "Wye Afoon "* was asked to produce his market books, but they were not forthcoming. If there- fore, the entries referred to by Mr. Tarrant had been true, is it not fair to infer that such conclusive evidence would have been then exhibited?
With regard to the assertions made by Mr. Anstey, in certain pamphlets, and speeches made at Newcastle last year, showing that "when the trial of the Compradore Lo Em-teen was expected to have taken place in December, 1847, and again subsequently, that he said Colonel Caine was not ready," are not facts, Colonel Caine never having taken any steps beyond the two instances already detailed; and again in
**Wye Afoon was the lessee of the markets.
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