SUPPLEMENT TO THE FRIEND OF CHINA, OF 28TH MAY, 1845.
Mail Office, May 26, 1845. To JOHN CAIRNs, Esq Editor of the Hongkong Register, MY DEAR SIR,I trust you will allow me to avail myself of your paper, as affording the earliest opportunity, to refute certain personal aspersions which appeared in the Friend of Ching of Saturday. I have the less hesitation in asking this favour, as you are one of the very few persong to whom I have spoken unre- servedly upon the system adopted for regulat ing the houses in Tae-ping-shan, having many weeks ago given you permission to pu lish the facts collected by nig, should you not feel the same reluctance as I did to make then the subject of newspaper discussion. Except to yourself and to the most confidential friend 1 have in Hongkong, I did not explain the pre- cise nature of the evidence I possessed, with my reasons for withholding it from the public. But every one who has ever heard me speak on the subject must be aware with what con- tempt I treated the malicious insinuations that have all along been current regarding the Chief Magistrate's motives for countenancing the system, and have doubtless beard with surprise that I am myself accused of having given cur rency to such calumnies, by stating them as facts in a public auction-room, to persons with whom I could have only the slightest acquain-
tance.
You, as well as the public, after perusing the following statement, with the documents referred te, will perhaps agree with me, that the allida vits, even were they true, do not substantiate mation originally given to Major Caine; for the charges brought against me in the infor- they carefully omit the main circumstance, about the misappropriation of the funds; and have reason to think that but for this the whole matter would have been passed over without notice.
Except for the allusions in the documentsnow to be produced, I might have satisfied myself with my previous peremptory denial of the malicious fabrications, confirmed as it is by
Major Caine's letter, by that of the friend referred to and by the testimony which I am confident, when thus called upon, you will have no hesitation in giving. That nothing may lie left unexplained, however, I must crave the indulgence of your readers to a brief explana tion, necessary to the proper understanding of
the other documents..
About three weeks subsequent to the con- versation in Mr Franklyn's auction-room, I was surprised by a call from Mr O'Sullivan, not having previously had that honour. He came to inform me that "a day or two before, at Mr Franklyn's table, the subject of the women in Tue ping-shan had been breached in presence of Dr Holgate, who had oficiously reported it to Major Caine, and that be, (Mr O'Sullivan) had been that day sent for to substantiate the charge, which he declined to do until called upon charge, wint of Justice. Having a very consi- derable contempt for ali riaunce of title-tattle, and regarding my informant as a more gu
for some years, I felt it incumbent on me, as your friend, to give you immediate information of the elanderous reports in question that you might adopt what measures you thought it to defend yourself, particularly if accusations against you should appear in English publications.-I am, my dear Major, yours very sincerely,
Victoria, 16th May, 1815.
HENRY HOLGATE.
I William Hules Franklyn da hereby make oath to the truth of the following statement.
6th, The next charge regarding our brother editor is a very irrelevant one, and has evidently been made with the intention of creating bad feeling between Mr Carr and myself, in which it is probabic the parties will be disappointed. Whatever may
have been said in either paper has not broken of pur intercourse with each other; and it is
super- fitous to all, that in Mr Car's personal department to me, I have never either said, or thought there was anything unbecoming a gentleman.
7th, That I said " though I would not publish it myself, the matter would appear in England. "It is so obvious that after the statements which had appeared in the papers here, the subject would be taken up by those at home, that no one could doubt it; and whe ther I said so or not at Mr Franklyn's, such has, certainly been all along my opinion,
Mr Andrew Shortrede, came to my Commission Raums on or about the 28th of April to ask me if called upon to give evidence as to what took place upon the inquest on the body of Private Higgins of the 18th Regt, should he be called upon to prove certain statements he had made in his paper, when the following conversation took place between him and Mr O'Sullivan then standing by my side:--
Mir Shertrede said that he had taken au later preter down to the Chiun Town to investigate the particulars of the tax imposed upon the women. That lie; elicited facts which he termed of a most infamous nature, That he was the only person who had accurate information on the subject, and that it was impossible for any one now to come at | the facts in consequence of their being threatened with expulsion from the island if they gave any information on the subject in future that the tax was collected by Majur Caine's Policemen, and that about 600 Dollars was paid in to Major Caine's Office, That he would have given the evidence to
8th, I then observed," says Mr Franklyn, John. Carr to publish in his paper if he had behaved in that case (that is, if the matter were taken anything like a gentleman to him-and he would. have then commented on it in his own paper. Dr up by the English papers,) Major Caine will not O'Sullivan asked him, why, as the Editor of a Pube two years upon the Island, to which he"
Would be much less" is the more probable. blie News Paper, he did not publish these facts (that is, 1) "replied, he will be much less." and expose the individuals? He answered that be would not publish it himself, but that it would appear in England. I then observed, in that case Major Caine will not be two years upon the Island; to which he replied, he will be much less.
The above is the substance of the conversation which took place, and almost verbatim.
The former of these documents, it will be observed, contains an explicit charge that I had asserted that the money paid by the women was misappropriated, or to use Mr Franklyn's phrase, bagged," by Major Caine. To the truth of this, with the rest of his inventions, Mr Franklyn was represented as willing to make oath, though when he does come to do so he onits this main point altogether. It is needless to say that it contains the most serious, if not the only serious part of the accusation. It was to clear himself of this detestable charge that Major Caine had been induced not only to insti- tute legal proceedings, but bad gone so far as to tender his resignation to Government, and de- mand an investigation. It pained me to listen to Mr Fearon's statements, and, horrified to think that any gentleman should have had his feelings so outraged by a baseless calumny, I willingly
expression, if I had given utterance to such sentiment at all on the occasion, with which, assented to give it, so far as I was con-
however, I cannot tax my memory. That I cerned, a fat denial, reserving to myself the
agitation of the subject might be productive of have considered, and may have stated, that the adoption of such a line of conduct towards its promulgators, as I might deco most be-
WILLIAM HALES FRANKLYN. annoyance to Major Caine, I do not deny; but coming. Though by no means indifferent
Sworn before me this twenty-third day of May, I do deny ever having thought or insinuated. to the vexation and expense of a judicial trial,
in the year of our Lord. One thousand eight hun that any clucidation of the subject would attach one with which I regarded the
dred and forty-five.
infamy to Major Caine; and I am unable to see C. W. HILLIER, threatened without the shghtest misgiving as to
why any statement of the sort, should be laid Assistant Magistrate of Police, hold on to work an injury to me, similar sur the result, feeling confident, that whatever
The wonderful unanimity of the two afi-mises, publicly made, respecting the highest have invariably spoken with due respect of davits cannot fail to strike every one who personage in the island being passed unnoticed. others may have said, I should be found to
roads them; and is the more calculated to Major Caine. Accordingly, in writing to
In reference to this I need only farther add, Mr Fearon I used these words, "I have excite suspicion when it is borne in mind, that what my friends have already beard me state,
already told you that I consider it of the remarkable coincidence as to
what thethat my aversion to bring Major Caine in an utmost importance that my refuta parties allege to have occurred upwards of three unpleasant light before the public was an addi- the tion should not be regarded as an Apo-weeks before, inust have been the result of tional reason for withholding the result of my logy for what I never said, and especially afterthought, for it has already been shewn investigations into the system in question. "as dictated to ward off a prosecution from that Mr Franklyn's evidence, taken down so late which I had nothing to fear; and I therefore as Saturday the 17th, (to the truth of which he beg you will inform Major Caine that I shall expressed his readiness to make oath,) dilfers not plead what I publish to marrow against most materially, both in what it contains and what it amits, from the averments to which he did sugar, «
I was
"any action he might otherwise have brought." With regard to Dr Holgate's letter, as the only portion of it which has reference to my alleged statements is given in almost the same words in the affidavits, it seems unnecessary to occupy space with a particular examination
of it.
not
Now let us see what these affidavits really states
Ist, That I had investigated certain par ticulars relating to the inmates of Tae-ping Probably, however, there are shan-This fact has never been a secret to many men in the colony who would not have any one, and Me Franklyn did not surprise nie first ascertained, before carrying such state by shewing that he was quite well aware of it ments to his standered friend, what the party After what had appeared in the newspapers on implicated had to say in his own defence, on the the subject, I considered it my duty, as the not improbable assumption, that even if the Editor of one of them, to endeavour to ascer- matter were not altogether without fountain the real state of the case. But so far was tian, yet it might have been greatly exag from desiring that my proceedings should be gerated by persons who professed to give concealed, that the very day after making the such a very particular narration of what investigation, I wrote to Major Caine himself had been said by an absent party nearly that I had done so. I am sure nothing could three weeks before; it being so easy in such be more explicit than the communications on cases to add some little thing over and above both sides; but my own Note is sufficient to the true state of the matter, or to conceal establish the poin
point in question-Major something which should have been mentioned, Caine's answer I must look upon as confidential either of which would make such an alteration of the case, that that which was one way perfectly innocent, the other way becomes vile and criminal; it being with such reports, as with figures, the addition or subtraction but et one unit makes instantly the result another number.
between, I cut the interview short, and neither mentioned nor thought more about it, until some days afterwards, a friend informed me that Major Caine regarded the matter as a very serious one. Not willing that I should lie w der imputations with a gentleman 1 had always held in respect, 1 wrote to him on the subject, and next day Mr S. Fearon called, The most important part of this letter is ong on behalf of Major Caine, with the documents, which fortunately does not concern me, and upon which, I then heard for the first time though I heard with surprise and indigna- it was seriously proposed to found a prosecution Mr Franklyn's statemen; in regard to the tinn for defamation. If anything could have abuses of the Opium Farm, (without then con- added to hay surprise, it was the tenor of the necting it with his comprador.) this is the first documents, which are here subjoined ---' time I have condescended to illude to it; and
Saturday, May 17th, 1815.
my only reason for doing so now is, that the public may be able to appreciate the tone of this person's mind, and of the probable tenor of his remarks in the course of any conversation he might have ɛbout Major Cainë.
At about half past one o'clock r., I called upon Mr Franklyn, at his house, for the purpose of tracing the originator of a malicious report affecting Major Caine. Mr F. having satisfied me on this point, asked me if 1 had seen a letter written bý Dr Holgate to Major Caine, respecting some libel- lous statements made by Mr Shurtrede, the Editor of the CHINA MAH. I replied in the negative, requesting Mr Franklyn to tell me what Mr Shortrede actually did say, adding that 1. as a friend of Major Caine, would endeavour to bring the matter before a Jury. Mr Frankien then made the following statement: Mr Shortreda Muted to me, in my Aurtion-Room, and in the presence of Dr Sullivan, that he had obtained proof that upwards of $600 a month is collected by He Police from the Prostitutes, and paid into Major Chine's Odice;- That the whole of this money was not applied to legitimate axes, at a portion "bagged" by ajor Cale or his officials;-That the prostitutes were prevented giving any information on the subject, by threats of being driven away from hongkong Mr Franklyn added, that his impression from what Me Shatrede said was, that Major Caine was either a much ill-nsed and slandered mau, or an "infernal villain."
I cannot vouch for the exart words used by Mr Franklyn, but the above is the substance of what he told me De Barton was present during the interview.
+
S. FEARON.
My dear Major. I was much pained by hearing from De O'Sullivan yesterday morning, in a conversation that took place at breakfast, that it was publicly stated by Mr Shortrede, a few days back la Mr Franklyn's |
sale room,
i
Before proceeding to a short examination of the averments contained in the affidavits, it may not be out of place to state, that the par- ties who made them, as well as the Magistrate before whom they were taken, have subjected themselves to a heavy peculty imposed by an Act of Faliment, & and 6 William IV., Ch. 02, against voluntary oaths, which it had been found tended only to encourage perjury instead of promoting the cause of truth.
I trust you will insert both affidavits, thought they are almost identically the same, as I mean to call attention to this rather remark- able-circumstance
truth of the following stutement :
I Matthew O'Sullivan do hereby make oath to the
MAIL Office, March 30th, 1845. DRAR Major Crine bave feen making some inquiries regarding the tax said to be levied by authority upon the Chinese Prostitutes of Hongkong, and the result (which did not anticipate) leaves no reason to dumb, tht there is sonie ground for the report. As I mean to animadvert upon the subject in next Matt, will you permit me to ask if the Police have really any authority for collecting the tax, as all the parties I have examined nesert to be the ease, and to
purpose is it applic
Very truly yours,.
AAND. SHORTREDE
On the afternoon of the day this note and the reply were written, I saw Major Caine, and talked over the matter with him, and the very next day, he brought me the evidence which appeared in last Number of the CHINA MAIL.
20, That I had elicited facts of a most in famous nature, This word is very generally applied to anything connected with that unfor tate class of persons, but if it was used at all during the conversation alluded to, it must have been by Mr Franklyn himself. I must. unequivocally deny that either by assertion or inference I have ever attempted to attach infany to Major Cuine.
3d, That was the only person who had accurate information on be subject. This, surely deserves no nd. It implies no obloquy, whether the fact was so or not.
Both affidavits conclude with an assertion, that what is therein stated is the substance of what took place-"and almost verbatim" an ad- dition intended to convince the public that so deep an impression had been made upon their minds that they could almost condescend upon the very words I had used, which now, few people, Iapprehend, will be inclined to believe.
have seen Mr Franklyn only once since, on the 2d of May, as I perceive from his invoice of a small purchase 1 then made. This was four days after the occasion sworn to, and it must appear remarkable that na allusion was then made by him to a subject which two weeks later we find him so anxious to promulgate.
To the facts and arguments I have already adduced to shew that these affidavits not only shirk the grand charge originally made and modify the others, but really evince nothing save rancour and a bootless attempt to injure me in the estimation of the public, I now subjoin my formal letter to Major Coine, with bis answer; as well as the letter from the friend already referred to whose name inay he learned upon, application either to you or to me.
Mair. Offier, Hongkong, Máy 25th, 1845. Sin,The publication of the affidavits of Ar Franklyn and Dr O'Sullivan in the Friend of China. of yesterday, have naturally caused me match annoy- ance, as I understand they are looked upon by many parties, who are not fully acquainted with all the circumstances of the case, as being a refutation of my statement in the last. No of the China Main relative to a conversation which, took place soma weeks ago between Mr Franklyn and myself. To you Sir, I need scarcely point out that those affida its owit all mention of the most haportant item of the charge that was brought against me, and therefore my statement is not unvalidated by them, They, however, for the reason above given, call for a rejoinder from me, and in order to give additional efficacy to such rejoinder, I shall extermit a great favour if you will state in writing, what I learn is your conviction, that after reading my denial of the charge, with these affidavits before you, you are satisfied that in the conversation alluded to I had no intention of maligning your private character.-- I have the honour to be, sir, your very obedient. servant,
AND. SHORTREDE.
To the Hon. Major Caine.
Victoria, May 25th, 1845. Stn. In reply to your letter of this date, 1 beg to state, that as you, have publicly declared in the CHINA MATI, of the 22d, of this month, your “ st- lemn denial of having uttered expressions or insi- nuated charges of a dishonourable nature" against · be utterly false and without foundation,”--that I ain me, which, if they have been made, you believe to satisfied in concluding that the words stated to have been used by you were not intended to convey the wicked senso which they might be interpreted into. and therefore I have no hesitation in meeting your wish by saying, that I believe you are innocent of intentionally maligning me--I have the honour to be, sir, your obedient servant,
A. Shortemle, Esc
W. CAINE.
Hongkong, 26th May, 1845: My dear Shortred--I have received your note of yesterday evening. Your simple denial of the truth of the charge which has been brought against you is of course sufficient for me and all your friends, but the affidavits of Messrs Franklyn and O'Sullivan are calculated to do yon a serious injury in the eyes of the world, and call for counter-state- ments on your part, which, of course, will point out particularly that in those affidavits the most impor Eant item of the original charge is departed from or pitted. You may make allusion to me, or use this letter is your
*Refutation," but I would rather not
4th, That it was impossible for others to obtain the same information, as the women were threatened with expulsion from the Island if they gave it.A sufficient answer to this is given in last number of the CHINA MA hut as Messrs Franklyn and O'Sullivan bave not thought fit to include it in the extract which they published in the Friend of I was in Mr Frauklyn's Commission rooms on or about the 28th of April, when Mr Andrew Shor Ching, I shall reprint it at the end of this trede, Editor of the Crisa Ma Newspaper, made paragraph. They have found it convenient to a public statement to the following effect.
modify this statement also, since it was first That he had taken an interpreter down to the brought under my notice, Major Caine's name China Town to investigate the particulars of the being now disconnected with the threats spoken As imposed upon the womwn. That he elicited | of facts which he termed of a most infãsons nature. -It may be proper to mention, ikat we have heard a rumour that the head wamaan spoken of in the evidence, enjoined the That be was the only person who had accurate information on the subject, and that it was in others to give no more information to amateur inquirers like possible for any one new to come at the facts is runelves; but of this we are not personally engnizant, › ot consequence of their being threatened with ex. having attempted farther investigation; and it is almost pulsion from the Island. if they gave any informate dress to add, that it is imposible to suppose the woman thus tion ou the sujeet in future that the tax was acted under Major Caine Borders."--Camo Muk, May 22.
5th, "That the tax was collected by Major "That it was perfectly true, that a fax of $1 collected by Major Caine's Policemen, and that per mouth, ou each Prosiitate was levied, and that about 600 Dollars per sunsein was paid into MaCaine's policemen and that about $600 per the Police went round to collect the money. That jor Calue's (fice. That he would have given the mensem was paid into Major Caine's office. it was now impossible 16 obtain any true statement evidence to Jenn Carr to pallish in his Paper in Here we have the dying echo of the only from the women, as they were silent in consequence he had belted sey thing like a gentleman to him, really important charge which had been so of a threat of being punished and turned off the and he would have then commented on it a bis insidiously brought against me; but I need not Isinad if they gave any information on the subject. own Paper. I used him, why as the Editor of a assure you, my dear sir, that what is left con- That the whole business was most infamous, and Public News Paper he did not publish these facts, tains that which it was simply impossible shall have no objection to state publicly as I will would be published in the English Papers, and and expose the individuals? le answered that, he that before two years had elapsed, Alajor Caine would not pakiish it himself, but that it would ap could have stated: the evidence I obtained would no longer remain in the colony."
pear in England. Mr Frankien then observed, baving made the total number of women to Further, Dr O'Sullivan stated, that your name ¤29 in that case Major Crite will not be 10 years amount to not more at the extreme than three lightly spoken of in another matter, * The Opium ¦ upon the Island, to which he replied, be will be hundred, each paying $1 per auth It will not do for Messts Franklyn and O'Sullivan Farm That Mr Franklyn's eomprador had said, ¦ much less. that it was well known, or believed amongst the
now to pretend that this was a mere mistake Chinese, that Acqual had paid you a cumshaw of
on their port, for the mistake is not only in- $150 per month for silowing him to sell Opium,
portant in half but as showing what reliance aud that Acquai had said so himselt." I need not
is to be placed upon the assertions of petwins, say, that I was muel distressed on bearing the
the mud in this instance at least, have not above, as it seemed to me to imply that you were
only been guilty of exaggeration, but of rashly receiving private payment from Chinese for over-
making path to it. leeking irregularities; and having known you well
The above is the substance of the conversation which took place, and atmest veziatim.
Sworn before te by Marbes O'Sullrun this twenty third day of May in the year of our Lord one thousand eight hundred and forty-five
-C. W. BILLIER.
Årsistent Mogizzale of Police.'
have my mane mentioned at present, and, I suppose that int he meantime this can easily be avoided; but if to make good your case afterwards requires it, I
me on the
now privately to any one whom you may refer to me, that in your conversations with subject of the money paid by the women in Tai ping-aban I do not remember to have heard you inake any assertion that you might not, in dixens sing the matter, bare readily made in Major Caine's own presence, and that at no time have fheard you sprak of Major Calse as a private gentleman save in terms of the highest. regard and esteem. I may further add, that I have seen nó disposition on your part to speak lightly in conservation of private character, and that I believe you incapable of doing. s's here you could have any read to suprots
No comments yet.
Private notes are available after approval.