CO129-151 - Lieut Governor Whitfield - 1871 [7-8] — Page 41

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MEMORANDUM furnished by the Attorney General, at the request of the Government, in relation to the Proceedings instituted for the delivery of KWOK-A-SING, the Prisoner charged with Piracy and with the Murder of the Master and a portion of the Crew of the French ship La Nouvelle Penelope on the high seas.

The tragedy of the Nouvelle Penelope is one of the most terrible incidents which bas occurred of late years in connection with the Coolie Trade; but it has nothing whatever to do with the question of Coolie Emigration on its merits. It affords only another example of those audacious conspiracies and plots to take possession of Vessels leaving Ports in the China Seas, which are concocted by Pirates before the departure of the Vessel, and for which, of course, Coolie ships offer better chances of success by reason of the desperate characters usually found on board of them, and of the ready aid to be expected from the Emigrants who are glad enough to free themselves from their contracts and to get back to their country after having received advances of money, food and clothing.

As soon as it became known on the Mainland that the authorities of Canton and Macao were making efforts to bring to justice the murderers of the Captain and Crew of the Nouvelle Penelope, many of those implicated in the crime took refuge in this Colony.

A man named CHUN-A-SHENG was first discovered and arrested at the requisition of the Chinese Authorities, the demand being strongly supported by the French Consul. The depositions were sufficient to justify the man's surrender and he was accordingly delivered up.

The Chief Justice having heard of the circumstance wrote to me in the most excited and extravagant terms begging me to use every effort to induce the Govern- ment to send a gunboat to bring back the Fugitive. I referred him to the Government, to whom he made a similar suggestion, but, as may be supposed, it was not adopted.

Shortly afterwards, the Chief Justice having observed in the Newspapers that the Rendition of another man named KWOK-A-SING was demanded by the Chinese Authori- ties for complicity in the same murder, he at once commenced the agitation which has been productive of so much labor, trouble and annoyance to all concerned,

This KWOK-A-SING being a more important personage than the last Fugitive, had retained the services of an Attorney, Mr. EDMUND SHARP, and the Chief Justice forthwith imparted to Mr. SHARP his views on the Case, and the objections which could be taken to KwOK-A-SING'S Rendition if the Prisoner were brought before him by Writ of Habeas Corpus. He also endeavored to persuade the only Barrister practising in the Colony at the time besides myself, (Mr. T. C. HAYLLAR,) to take up the defence of KWOK-A-SING, but Mr. HAYLLAR, who had read the Depositions, persistently refused to have anything to do with it.

During the investigation before the Magistracy, under Ordinance No. 2 of 1850, Mr. EDMUND SHARP, was appointed Crown Solicitor, and he thereupon handed over the Case to Mr. FRANCIS, an Articled Clerk recently admitted to practice as an Attorney in the Colony under a local Ordinance, (Ordinance No. 13 of 1856), since repealed.