the-history-of-the-laws-and-courts-of-ho — Page 46

made to restrain them . As His Excellency had said, the law as it stands in
England was far more stringent than the Act now before the Council. In
like manner men of low character might come to this Colony, and almost
without a penny , start a low paper to the great detriment of the respectable
portion of the press, and then when a party maligned sued the editor and
obtained a verdict, no effects were available to levy on. The Ordinance be-
fore the Council remedied all this, and whilst it secures a party suing mode-
rate costs, it does not provide for an excessive amount. None of the news-
papers now in the Colony could have the smallest difficulty, the Chief Justice
felt sure, in obtaining the required sureties, and he could not conceive how
one word could be raised against the proposed Ordinance. He did hope , and
think too, that an improved tone would in future characterize the Hongkong
press. He expressed his unqualified disapproval of a prosecutor in a libel
case retaining the whole Bar, and he thought that the plan named by the
Governor of disallowing the public services of the Attorney - General to private
parties, would, considering the limited Bar of the Colony, tend to remedy the
evil.


The Ordinance was then laid upon the table, and on the 30th Ordinance
No. 16 of
November was passed and numbered 16 of 1860 . 1860.

The Caldwell Inquiry or, as it was called, the Civil Service Mr. Cald-
Abuses Inquiry, appointed in July last began its sittings as well
CivilorService
The
announced on the 13th August, 1860 , and sat frequently, its Abuses
meetings lasting considerably over the year. The members of Inquiry."
the Committee consisted of the Governor, Sir Hercules Robin- The members
of the Com-
son ; Mr. Mercer, the Colonial Secretary ; Colonel MacMahon, mittee.
Commander of the Forces ; Colonel de Saumarez , and Mr.
Adams, then acting Chief Justice.


Intelligence that Chief Justice Hulme had succeeded in obtain- Chief Justice
ing a pension and that his leave had thereby come to an end Hulmepensioned.
was confirmed in August this year. When the position was
originally offered to him he had been given the choice of one
stipend with a pension or an increased one without it. He chose
the latter at £ 3,000 per annum, and therefore had no claim to
a pension at all, and after taking " repeated leave of absence,
and by clinging so long as he possibly could to the post which
his health but too often disabled him from filling, to the great
detriment of the public service, yet, " adds an exponent of public
opinion at that time, " he still found himself a beggar and so

The Chief Justice doubtless had in mind the case of Colonel Caine e. Tarrant for
libel (Chap. XXIX. , antè p. 623, and also Chap. XXX. § I., p. 628) wherein the plaintiff
had retained the whole Bar as against the defendant who had thus no counsel.
† See antè, Chap. I., p. 43.
656 HISTORY OF THE LAWS , ETC. , OF HONGKONG .


Chap. XXXI. set up the claim for a pension. " The paper continued thus , in
1860. reference to Mr. Hulme :
His career
reviewed. " Of course, the grant to a man of his age is a subject that few men like to
carp at ...... Mr. Hulme was neither a bal man nor a corrupt judge. Still he
was severe to a degree, and as unjust as severe. The Hongkong Gaol has
still many living monuments of his cruelty, the sentences of hundreds having
been mitigated. We are happy to find that both the Governor and the acting
Chief Justice have been quietly extending mercy to many of the victims ,
and we hope that the Gaol may soon be purged of such scandal to our institu-
tions as Mr. Hulme's sentences present. Indolence with him was carried
beyond a failing ; it was a positive vice." *

That Chief Justice Hulme's sentences were at times severe
is undoubted , and that past Governors had mitigated some of his
sentences on the score of severity is also but too true, but on
the other hand the times in which he lived in Hongkong, when
undoubtedly severity was a necessity, is a matter which can
never be overlooked in judging of his career in the Colony ; nor
must it escape notice that the presumed writer of the above para-
graph, Mr. Murrow, the editor of The Daily Press, was himself
a victim of Mr. Hulme in that he suffered six months ' impri-
sonment, besides paying a fine of one hundred pounds , for a gross
libel on Sir John Bowring. †

'He was a On the whole, he was a very good Judge, and this the legal
very good
Judge'. practitioners and community all agreed in holding.

His dilatori- During the latter part of his career, owing to constant illness
ness. and infirmity of body, Mr. Hulme had begun to exhibit signs
of dilatoriness , never taking the Bench before noon and at
times at one o'clock in the afternoon.§

Pending Undoubtedly having regard to the state of affairs in Hong-
reforms in
Hongkong kong and the renewed applications for a pension by Chief Justice
probably Hulme and his determination to remain in office so long as he
induced the
was denied one, the Home Government decided to treat him
grant of the
pension. liberally ( by which fact his services, it may be said , met with full
recognition ) and the authorities were thus enabled to effect their
purpose with respect to pending reforms in Hongkong, by con-
firming Mr. Adams as Chief Justice, who , together with the new
Governor, were now in a position to take a more independent
view of things in general. Hence undoubtedly the appointment
of Mr. Adams as acting Chief Justice on his arrival from Home,
under instructions from the Secretary of State.

The pension. The pension allowed Chief Justice Hulme was the high one
of £ 1,500 per annum . As may be remembered Chief Justice

* The Daily Press, 17th April, 1860.
Regina . Murrow, antè Chap. xx. § 11., p. 469 .
The China Mail, 25th August, 1859.
See antè, Chap. XXIX., p . 604, and reference there given.
 MR. ADAMS SUCCEEDS CHIEF JUSTICE HULME . 657


Hulme arrived in the Colony on the 7th May, 1844 , and went Chap. -XXXI.
on his last leave on the 23rd April, 1859 , having thus served 1860.
the Colony for nearly sixteen years . He was never knighted ,
but in those days Chief Justices and even Governors were not
always knighted as they are now. Mr. Hulme did not long live Chief Justice
Hulme's
to enjoy his handsome pension , as he died on the 1st March, death.
1861 , at Brighton, in the sixty- sixth year of his age. *

The same mail that brought the news of Mr. Hulme's retire- Notification
ment conveyed the confirmation of Mr. Adams, the Attorney- of appoint.
ment of
General and acting Chief Justice, to the Chief Justiceship of the Mr. Adams as
Chief
Colony, when the following notification appeared : — Justice.
It is hereby notified that Her Majesty's Warrant has been received direct-
ing the appointment of William Henry Adams, Esquire, as Chief Justice of
the Colony of Hongkong.
The Honourable Chief Justice Adams has been sworn into office accord-
ingly.
By Order,
W. T. MERCER,
Colonial Secretary.
Colonial Secretary's Office,
Victoria, Hongkong, 25th August, 1860.

The Chief Justice's salary, however, had been reduced to Salary of
£2,500 per annum, † and the hope was expressed that Mr. Adams Chief Justice
reduced.
"would discharge his duties with the same satisfaction to the com-
munity as Judge Hulme. " On his confirmation as Chief Justice , Mr. Huffam.
Clerk to the
Mr. Adams re-appointed Mr. Huffam, the acting Deputy Regis- Chief Justice,
cire Mr.
trar, as his clerk, in which position the Governor also nominated Weather-
him on the 1st December, on the resignation of the titular head.
officer, Mr. Alfred Weatherhead, who proceeded to England .


The Chief Justice, having been in poor health, left for Shang- Chief Justice
hai on the 8th October on one month's leave, returning to the Adams goes
to Shanghai
Colony on the 7th November . on sick leave.


Advantage was taken of this, to comment upon the inadvi- Comments on inadvisa-
sability of having reduced the Chief Justice's salary . £ 3,000 a bility of
reducing the
* The following press notices relating to the family of the first Chief Justice of the
Colony, compiled in the course of reading, are here inserted as deserving of record : -
(1.) Death. On the 24th November, 1876, at Brighton, Henry Walter Hulme, younger
son of the late Chief Justice Hulme, of Hongkong.
(2.) Death. On the 25th May, 1877, at Brighton, Eliza, relict of the late John Walter
Hulme, Chief Justice of Hongkong, China.*
(3.) Marriage. On the 20th May, 1886 , at Shireoaks, near Worksop, by the Rev. G.
Osborne, John James Hulme, son of the Honourable John Walter Hulme, late
Her Majesty's Chief Justice of Hongkong, to Mary Elizabeth Browne, of Uckfield ,
only daughter of the late Peter Browne, of Bath and Macclesfield .
† See Schedule A of Ordinance No. 13 of 1860.
China Chronicle, 23rd April, 1860. This is inserted to show the general esteem in
which Chief Justice Hulme had always been held in Hongkong. See also the graceful
allusion to him by Chief Justice Smale as " a great man of the past." -Vol. 11. , Chap. LX.
This lady was a daughter “ of the celebrated Joseph Chitty "-see ante Chap. 11., p. 48 n.
658 HISTORY OF THE LAWS , ETC. , OF HONGKONG.


Chap. XXXI . year and a retiring pension was considered no more than fair
1860. compensation for the services of a first-rate lawyer exercising
Chief
Justice's jurisdiction , moreover, over the Consular Courts, in a trying
salary. climate like Hongkong. Whilst Mr. Hulme thought a month's
Jurisdiction vacation in the year for the Court sufficient, Chief Justice Adams
over Con-
sular Courts, was of opinion that four months ' vacation would be by no means
Chief Justice too much, and it was felt that the question of the necessity for
Hulme and the appointment of a Puisne Judge to adjudicate upon small
Chief Justice
Adams on debts would not much longer be delayed .
the Court's
vacation.
The necessity The records show the dismissal at this period of Mr. Clifton
for the
from the Shanghai Police Force on charges indicating syste
appointment
of a Puisne matic fraud and extortion . He had previously been in the
Judge.
Hongkong Police Force, * and his dismissal at a time when an
Dismissal
of Mr. Clifton inquiry was being held into the conduct of a late brother - officer
from the
of his, Mr. D. R. Caldwell, was rather a strange coincidence .
Shanghai
Police Force.
Mr. T. J. Mr. Thomas J. Callaghan,† barrister -at -law, the Chief Magis-
Callaghan
appointed trate in succession to Mr. Davies who had resigned office,
Chief Ma-
arrived in the Colony on the 25th November, 1860 , from
gistrate, rice
Mr. Davies, England and was duly gazetted the next day.
His arrival.
Conviction At the December Criminal Sessions , a Malay seaman named
and execu Abdullah was sentenced to death for the murder of a tindal on
tion of
Abdullah board the ship Tory. He underwent the extreme penalty ofthe
for murder.
law on the 2nd January, 1861 , "the scene," it is recorded, " being
denuded of all those human acts of mismanagement which have
hitherto characterized executions in this Colony."

Convention . A proclamation by the Earl of Elgin, British Ambassador in
and Treaty
with China China , relative to a Convention and Treaty of Peace with China,
of the 26th
with tariff and rules dated the 26th June , 1858 , and ratified on the
June, 1858.
24th October, 1860, was duly published on the 11th December.

Murder by
Chinese As regards crime during the year, two murders committed
burglars of by Chinese burglars in Jervois Street, on the persons of Police
P.C. Rocha Constables
and J. Maria Ado Antonio da Rocha and Joaquim Maria, while
in the execution of their duty, early in the morning of the 31st
Perpetrators May , remained undetected , notwithstanding the large reward of
undetected. $500 offered by the Government for the capture of the perpe-
trators of the crime.

Marriage
of Chief The year concluded with an interesting domestic event in

See antè Chap. XII. § I., p. 293.
Callaghan, Thomas J. -Called to the Irish Bar, 1854 ; educated at Trinity College,
Dublin, took honours in classics ; held the appointment of Barrington Lecturer on Politi-
cal Economy to the Dublin Statistical Society ; was counsel to the Attorney-General for
Ireland." Colonial Office List.
 CONCLUSION AND COMMENTS . 659


the Chief Justice's family, namely, the marriage of his eldest Chap. -XXXI.
daughter who had accompanied him to Hongkong. * 1860.
Justice
It is impossible to peruse the records embodied so far with- Adams' eldest
out concluding that they read more like a romance than actual daughter.
Conclusion.
--
facts, a romance in the time of Sir John Bowring more par- s
ticularly, -upon which a play might successfully be founded , comments .
so unlikely do the scenes and personages represented appear to
have been real factors or actors.

At this period, however, the Colony may be said to be
rising from almost a state of chaos to something approaching
order. The officials, who from the earliest days had been asso-
ciated together, and who with their friends had long formed
such ties of comradeship as to be unable to discover the errors
of their own ways, were bent, in spite of good or evil report, to
support each other's doings , the one deviating from this course,
however, rightly as , for instance, in the case of Mr. May as re-
gards Mr. Caldwell, meeting with almost disastrous consequences
to himself. Such , indeed , was the case at all events during the
administration of Sir John Bowring, and hence undoubtedly
the origin of the irregularities recorded and the beginning of
the end of the ' happy family ' administration on the advent of
Sir Hercules Robinson and of Mr. Adams .

With Mr. Anstey's arrival it seemed as if the form of Govern-
ment prevalent had suffered a mortal blow, for it was impossible
for one of his reforming spirit , of his character, talent, and
abhorrence of that corruption which he found so rife in the
Colony, to stand by and allow the irregularities which stood out
so prominently before him to go on unchecked , however mis-
directed his energies may have been at times . It was probably
due to his tenacity of purpose that Mr. Anstey met with the
opposition he did from the officials who had before his arrival
been accustomed to the easy system of non-interference which
undoubtedly was the cause a maxima ad minimis of all the
troubles in Hongkong.

Although, as is seen, Mr. Caldwell was still at this period
holding the honourable and important office he did in the
public service, the authorities until this, under positive instruc-
tions, deeming it right to proceed slowly so as not to stir up
the mud, ' the next volume will show his forced disappearance
from the scene of the troubled elements, like his old friends

* Marriage. At the Cathedral, Hongkong, on the 20th December, by the Reverend
J. J. Irwin, M.A., Colonial Chaplain, assisted by the Reverend J. H. Gray, M.A., British
Consular Chaplain at Canton, Alfred Fincham, Esq., of Canton, to Ann Maria, eldest
daughter of the Honourable W. H. Adams, Chief Justice of Hongkong. "-This gentle-
man, however, died in London on the 1st May, 1862, his will being proved on the 31st
July, 1863, in the principal Registry of Her Majesty's Court of Probate.
† Antè p. 642.
660 HISTORY OF THE LAWS , ETC. , OF HONGKONG.


Chap. XXXI. and supporters , Colonel Caine and Dr. Bridges, to the undoubted
1860. advantage of the Colony.

The other matters have received sufficient attention to need
no recapitulation or repetition . They will be fresh in the
minds of the reader . As the Colony advanced , so did its laws .
to meet the necessary exigencies of society. The all -important
question of interpretation and the improvement in the Gaol
system were matters, although still in their infancy, yet meet-
ing with such consideration as could be devoted to them, having
regard to the difficulties in the way, and as this work progresses
the gradual steps taken by the Executive on those points will
be found duly noticed .

In regard to the Police Force, the largest in the world per-
haps compared with population, the elements of which it was
composed were always and will be, in such a place as Hong-
kong, a source of considerable difficulty and anxiety, although
reforms were, even at this period , already perceptible. That
the Spaniards were originally correct in including Hongkong
amongst a number of islands called ' Ladrones ' or thieves, has
been demonstrated from the outset, and from year to year, until
this stage of the work, innumerable cases of piracy, murder, or
robbery occurred , to the outrage of our laws and the administra
tion of justice .

At first, when dealing with pirates and other Chinese cri-
minals, English law with its peculiar provisions and precedents
often proved to be the friend of the criminal ; it afforded loop-
holes through which escape could be and was made, and these
persistent defiers of English authority found themselves by a
ludicrous combination of facts in a position to laugh at detec
tion or conviction , while almost instant death or something
akin would have probably followed at the hands of their own
authorities. Hence the impunity that was afforded by English
law, and the very mild treatment delinquents experienced both
before and after trial and condemnation . An impression had
actually existed among the Chinese -tantamount to a feeling of
ridicule or incapacity for dealing in a prompt way with either
murderer, robber, or pirate . But in this, as in other respects,
the Government gradually adapted itself to the requirements of
the place and, therefore, to the Chinese, whose Criminal Code
recognizes no legal technicality, and who, by this time, by their
knowledge and experience of our law, had now been taught the
justice of our beneficent rule, to an extent so obvious as not to
require being dilated upon.


END OF VOLUME I.
GENERAL INDEX


ΤΟ


VOLUME I.
ABD
ABE
e


ACQ

ACT
ACT
AD




8
C
 663




GENERAL INDEX

ΤΟ


VOLUME I.




ABDULLAH. See Executions .
ABERDEEN.
encouragement of Lord, to commerce of all nations, 179
Shuck-pai-wan named, 79
ACQUI
influence as opium farmer, 98
ACTS . See Ordinances.
ACTS OF PARLIAMENT. See Attorney ; Attorney-General ; Statutos .
ADAMS , W. II.
afforded an early opportunity of judging the native character, 605
a member of the legislative council, 616
appointed acting chief justice, 604
a member of the executive council, 647
attorney-general, 605
arrival of, 604
comes out with instructions, 616, 653
confirmed as chief justice, 653
expresses his disapproval at a prosecutor in a libel case retaining the
whole bar, 655
first appearance in Court, 605
forgery of his signature, 605
goes to Shanghai on sick leave, 657
his appointment as attorney -general, notified, 604
career , 605
decision in the buccaneering raid case, 637
implies that inquiry pending into conduct of Mr. Caldwell and others, 652
intended to apply the new broom , 605
marriage of his daughter, 659
notification of appointment as chief justice, 657
on English law in Hongkong, 637
- the position of government in libel cases, 654
refuses copies of affidavits in the buccaneering raid case, 638
salary reduced on confirmation as chief justice, 657
succeeds chief justice Hulme, 657
Mr. Anstey, 589
the Governor in need of a good adviser, 647
upon the press, 654
See also Civil Service Abuses Inquiry.
664 INDEX .

ADDRESSES TO OFFICIALS .
a thoroughly Oriental custom, 596
Hongkong noted for, 444
ADMINISTRATION. See Intestates' Estates ; Probate and Administra-
tion ; Supreme Court.
ADMINISTRATION OF GOVERNMENT.
disposition of governors of colonies, 186
duties of governor of Hongkong and superintendent of trade, 187
governor and the governed at ' sixes and sevens,' 407
cautioned against ' stirring up the mud ' which encumbered
society in Hongkong, 642
increase of public business, 34
intercourse with the Chinese, 423
office of plenipotentiary and superintendent of trade separated from that
of governor, 594
opinion as to governor of colonies, 240
salary of the governor criticized in Parliament, 290
the capture of Chui Apo main reason for continuing expedition, 260
conduct of governors of colonies, 197
dual position of the governor, 172
evils of the divisium imperium, 172
See also Civil Service ; Magistrate ; Precedence ; Superintendent
of Trade ; Colonies, The.
ADMINISTRATION OF JUSTICE.
agitation for reforms in, 19
a properly-constituted Court wanted, 18
Archdeacon Paley on, 149
a short code for the more convenient, 222
Chinese advocates and the employment of Chinese in, 81
comments upon local judicatory, 263
commissions to hold criminal sessions owing to illness of C. J. Hulme,
366
court of Petty Sessions an encroachment on the Supreme Court, 243
crime in 1842 , 17
1843, 29
1844, 40, 73
1846 , 93
1853, 332
day robbery at West Point, 94
feeling of insecurity, 429
first sitting of court of petty sessions, 232
frequent robberies in the town, 362
headless body found , 429
important criminal cases in 1847 , 129
improvement in judicial affairs in 1844, 73
incapacity of judicial officers, 102
interference with, by the Executive, 225, 292
judicial establishment in 1842 , 12
affairs in 1844, 56
events in 1845, 90
1846, 122
1847, 171
1848, 213
1849, 270
1855 , 367
 INDEX. 665

ADMINISTRATION OF JUSTICE - Continued.
judicial expenditure respecting, and parliamentary vote, 75
manacled in Hongkong, 244
no improvement visible in the inferior courts, 242
opening of the first criminal court, 37
opinion on the local courts, 48
opposition to Chinese being allowed share in, 338
reason for sending up paltry cases for trial, 128
sentences of the courts a mockery owing to the condition of the gaol , 643
taxes on justice, 34
the attorney-general and the practice of trying cases committed out of
the jurisdiction before the criminal court, 192
severity of the sentences passed in the courts, 643
working of our institutions a mockery of justice, 243
See also Chinese ; Coroner ; Davis , J. F.; Hongkong ; Incendiarism ;
Jury; Magistrate ; Supreme Court ; Trinidad Judicial Scandal.
ADMIRALTY.
abolition of Vice-, Court, 282
additional rules and regulations for the, Court, 601
appointments in the, Court, 123
bounty money, 258
Chief Justice's address to the grand jury, 124
Chief Justice Hulme complains that he has not been allowed to see the
indictments, 146
Chief Justice Hulme discharges the jury in the, Court, the commis-
sioners not attending, 200
Commissioners do not attend sitting of the, Court, 200
Court with, jurisdiction , 95
disagreement between Governor Davis and C. J. Hulme in, Court , 141
first session of, Court, 125
letters patent appointing commissioners , 95
of 10th January, 1846 , constituting the Court, 124
sitting of, Court, 200
of the Vice-, Court, under Mr. Campbell, 74
table of fees in , 319
unfortunate disagreement between the Governor and the Chief Justice,
in the, Court, 139
See also Canton ; Hongkong.
ADVENTURERS . See Australia, Holdforth, C. G., McSwney, P.C.
ADVERTISER, THE LONDON MORNING. See The London Morn-
ing Advertiser .
ADVERTIZEMENT. See Professional Men ; Supreme Court.
AFFIRMATION. See Anstey, T. C.; Oath : Sterling, P. I.
ALEXANDER, W. H.
acting chief magistrate, 646
registrar, 332
appointed clerk of court and deputy registrar, 288
registrar , 383
departure on leave, 429
return from leave, 593
ALIENS , NATURALIZATION OF.
disallowance of Ordinance No. 10 of 1845, 73
AMALGAMATION. See Legal Profession .
666 INDEX .

AMERICANS .
an English crown lawyer permitted to appear in an American court of
justice, 375
See also Boggs, Eli ; Executions ; Heycock, R. C.; Keenan, Cou-
sul ; Mastiff, The ; Perkins, George ; Piracy ; Police ; Wade,
The John ; Whalers.
ANSTEY, T. C.
acts the part of a police constable, 413
addresses the Secretary of State upon Mr. Davies' resignation, 600
an unnecessary piece of severity, 414
appears for Mr. Murrow against Sir J. Bowring, 569
appointed attorney-general, 367
arrested in Canton , 463
arrival in Hongkong , 370
as a law commissioner, 367
an amateur constable, 414
--- a police informer, 408
- counsel for Mr. Tarrant, charged with libelling government,
556
asks for police protection, 465
attack against Dr. Bridges never resented or repudiated , 651
attempt to bribe him , 451
a wicked and corrupt administration which he swore to destroy, 566n
biographical notices, 367
breaks out in poetry , 550 , 569n
career in Hongkong reviewed , 575
case against him by W. H. Mitchell, for libel, 402
causes a defendant to be arrested for perjury, 462
charges against Mr. Caldwell, 503
Chief Justice Hulme with having exceeded bounds of temper-
ance, 386
complains of Dr. Bridges' appointment as counsel to Superintendent of
Trade, 547
confirmed as a member of the Legislative Council, 388
cost of his library, 489
credit of introducing home rules and orders belonged to, 648
date of departure from London, 370
denounces Dr. Bridges for violating professional etiquette, 416
departure for England, 573
India on leave, 439
disgraceful scene between him and Dr. Bridges, 504
dissatisfied at Dr. Bridges' appointment , 426
Dr. Bridges' attack upon him re opium monopoly controversy, 473
elected president of the Royal Asiatic Society, 413
end of, riot, 410
extraordinary address upon Hongkong affairs and people, 393
conduct as counsel in his private capacity, 462
files a criminal information against W. H. Mitchell, sheriff, 388
fines a plaintiff and his witness for perjury, 371
first appearance as attorney-general, 375
forwards further memoranda asking for a fair trial, 513
gazetted a justice of the peace, 376
member of the Legislative Council, 371
goes to China in a " diabolic frame of mind, " 369
Manila, 538
Shanghai, 406
had sworn to destroy the wicked and corrupt administration of Sir J.
Bowring, 559
 INDEX .
667

ANSTEY, T. C. - Continued.

having no confidence in the magistrates, asks a J. P. to sit with him,
403
himself and the Caldwell-Ma Chow Wong connexion in Parliament, 581
his abusive speech in his case against Mr. Mitchell, 404
argument in the poisoning case, 417
authority for saying The China Mail, a tool of Dr. Bridges, 5667
career in Hongkong, 439
consciousness of rectitude and the success of his efforts, 576
contempt of the quibble started by Dr. Bridges, 433
- determination to work the destruction of Sir J. Bowring's adminis-
tration, 569
estimation of the special jury, 405
fatal quarrel with Chief Justice Hulme, 439
- hands strengthened by result of case of Crown r. Tarrant, 562
incorruptible sense of public duty, 576
minute of protest of privilege in the Legislative Council, 541
opinion as to fees paid for marriages, 464
paltry, etc., action against Mr. Mitchell, 393
•
pamphlet on Civil Government in Hongkong, 590
recommendation re Chinese custom of compromise of felony, 451
relations with Sir J. Bowring, 426
revelations regarding the relations between Sir J. Bowring and Dr.
Bridges, 505
suggestion about a constable's number and cap crown ,' 402
suspension considered, 511
holds an inquiry re expenses of civil procedure and practice, etc., 385
hostilities between the executive and, 427
informed unless defence satisfactory, he will be suspended, 509
inquiries into charges by, 642
interesting speech upon the state of crime in the Colony, 461
is stopped by the jury in the defence of Crown e . Tarrant, 561
leaves for Canton, 463
Hongkong in bad health, 577
letter from the Earl of Carnarvon expressing regret at confirmation of
his suspension, 389
local view of him and of Chief Justice Hulme , 395
Lord Palmerston's fine revenge, 395
makes an affidavit of no confidence in special jurors, 392
public reparation to Chief Justice Hulme, 386
memorial of bankers and merchants to, for amalgamation of legal profes-
sion, 480
memorial to Secretary of State, on his suspension , 513
Mr. Mitchell acquitted of extortion on charge by, 393
no other man in the Colony qualified for task he had undertaken , 576
not resting on his oars on arrival in England, 578
objects to Chief Justice Hulme taking the bench at noon, 394
on Dr. Bridges' signboards, 552
-Police delinquencies, 402
- the Chinese and exorbitant lawyers ' charges , 486
paper on ' Did Alexander the Great in the course of his conquests ever
reach any part of the Chinese empire," 4! 1
on slavery and the Dred Scott decision, 478
' On the administration and value of judicial oaths amongst the
Chinese,' 406
previous career of, 367
proceeds to India and joins the local bar, 591
668 INDEX .

ANSTEY, T. C.- Continued.
prosecutes a Portuguese for obstruction, 413
protests against charges against Mr. Caldwell being called his charges,
510
renews his application for police protection, 494
reply to the barristers on subject of amalgamation of legal profession,
456
report on the gaol in 1858 , 644
resigns as a J. P. , declining to sit with Mr. Caldwell, 502
resumes old conflict with Dr. Bridges in Court, 549
returns from leave , 451
Shanghai, 408
to England from India on Mr. Caldwell's dismissal, 591
scene in Court between him and Dr. Bridges , 432 , 549
Mr. Hillier, and Mr. Mitchell, 378
Sir Ed . Lytton's despatch dismissing him , 585
- Wm. Molesworth and the conditions of his appointment, 405
sits for the Chief Justice, 371
slanders Chief Justice Hulme, 386
states in Council the registrar-general's office a sinecure, 495
successor of, as attorney-general, 589
suspected of a mean attack on Chief Justice Hulme, 405
suspended from office, 513
suspension confirmed , 582
the disgust in his mind owing to Dr. Bridges ' appointment over him, 578
- Executive Council decide to suspend him, 513
The Liverpool Albion on his appointment, 369
- local press on his departure, 577
The Times on himself, 583
thwarted by the Governor and Dr. Bridges as partisans of Mr. Caldwell,
576
tribute paid to, by the Newcastle Foreign Affairs Association, 650
want of knowledge of Chinese character, 371
war of mutual attack between himself and Mr. Mitchell, 391

See also Bar; Davies, H. T.; Murrow, Y. J.; Newcastle Foreign
Affairs Association ; Royal Asiatic Society ; Wilson, Andrew.
APATHY OF THE CHINESE. See Chinese.
APPEAL.
first, against a decision of the Supreme Court, 329
magistrate's decision, 89

See also Compton Case, The ; Consular Decisions ; Privy Council;
Supreme Court .
APPROVER. See Too Apo.
ARBITRATION . See Supreme Court.
ARCHDEACON PALEY . See Administration of Justice .
ARMY.
accommodation in early days, 268
action against lieut. Sargent by Mr. Cairns for assault and battery , 169
appointment of captain Maclean , R.A., as secretary to major-general
Jervois, 300
lieutenant-colonel Dunlop as officer commanding troops
and as a J.P., 385, 413
arrival of major-general Jervois , 301
 INDEX . 669

ARMY- Continued.
authorities deny issuing order that military independent of Police, 129
case of privates Connors and Williams, 129
code of laws for the government of the Chinese drawn up by general
Gough, 338
colonel Griffin , a member of the Executive Council, 340
commandant of the Forces, 340
Haythorne, a member of the Executive Council, 568
conviction of private McHugh for causing death, 84
departure of captain Maclean, R.A., 343
colonel Griffin , 359
lieutenant-general Ashburnham , 449
major-general Jervois, 343
Staveley, 299
Van Straubenzee, 647
on leave of lieutenant- colonel Graham, 385
desertion of soldiers , 323
extraordinary conduct of lieutenant Macdonald towards major Caine,
sheriff, 76
lieutenant Armstrong appointed acting assistant magistrate, 86 , 89
-colonel Hope-Graham appointed to a seat in the Executivo
Council, 359
assumes command of the garrison , 359
-general Hon . T. Ashburnham, C.B., commander-in -chief of
land forces, 432
Macdonald court- martialled and punished, 77
Lord Saltoun and his fear of responsibility as to the erection of barracks,
268
major-general Jervois acts as governor and superintendent of trade, 322
administers the government, 332
appointed to succeed major-general Staveley, 299
Staveley administers the government, 200, 285
appointed lieut . -governor of Hongkong, 175
succeeds major-general D'Aguilar, 174
Van Straubenzee, a member of the Executive Council,
449
numerous desertions from 59th regiment, 377
officer commanding troops to be a member of the Executive Council, 427
officers gazetted as J. Ps., 413
reinforce the police to prevent disturbances, 409
scarcity of accommodation for officers, 269
sepoys attacked , 104
Sir Robert Garrett, a member of the Executive Council, 432
officer commanding the troops, 432
soldiers pardoned, 153 , 360

See also Da Costa , Captain, and Lieut. Dwyer ; Free Pardon ;
Hongkong ; Malcolm, Lient. -Col.; Police ; Supreme Court ;
Transportation .

ARRATOON APCAR, THE.
murder of Europeans on board, by Chinese, 335
ARREST .
the law regulating, of offenders by private persons, 452
treatment of persons arrested by the Police, 255
See also Chinese ,
670 INDEX.


ARROW, THE.
a Chinese pirate bearing the English flag, 599n
incident connected with, 431
Sir J. Bowring's action in reference to, 599n
ASHBURNHAM, LIEUT. -GEN. See Army.
ASIATIC SOCIETY. See Royal Asiatic Society .
ASSAULT .
committed by Mr. Strachan to obtain a judicial decision, 305
ASSEMBLY, UNLAWFUL.
arrest and conviction of tailors , shoemakers , and washermen , 437
See also Pork Butchers.
ASSESSMENT. See Land ; Police.
ASSOCIATIONS , SECRET . See Chinese.
ASSOW.
Mr. Caldwell's conduct in reference to, Police Court interpreter, 508
question in Parliament as to his dismissal, 588
Sir J. Bowring's explanation of Mr. Caldwell's conduct re, 529
ATTACHMENT . See Foreign Attachment.
ATTORNEY.
a lawyer's education, 238
bills of, and the taxing officer, 239
subject to taxation, 220
charges of legal practitioners, 258
complaints of the Chinese against extortionate charges of, 454, 494
discontinue entering cases for hearing before Mr. Campbell, 195 , 198
exorbitant charges discussed, 486
hold a meeting and resolve that Ordinances affecting them be published
before being passed , 382
in attendance on the revision of a bill of costs, 309
moderate schedule of, fees, 238
necessary evils, 235
necessity for, 218, 238
pernicious system of allowing unqualified persons to act as, 303
petition the Chief Justice for suspension of certain orders and acts of
Parliament, 382
- on the subject of Conrt fees, 207
practice of, appearing as counsel stopped, 302
the first six , 219
two still in practice, 220

See also Bar ; Bridges , W. T.; Caldwell, H. C .; Chinese ; Court
Fees ; Gaskell, W.; Legal Profession ; McSwyney, P. C.;
Oath ; Parker, N. D'E .; Practitioners -in-Law ; Professional
Men ; Supreme Court.
ATTORNEY -GENERAL.
an officer whose special function is to render counsel and assistance to
the local government, 585.
a suspended, seeking the punishment of the governor, 570
instructions to, to keep pace with progress of the times relative to acts
of Parliament, 571
non -prosecution ex officio by, in a libel case except on behalf of the
Crown, 654
 INDEX. 671

ATTORNEY- GENERAL — Continued.
Sir John Bowring on the private practice of, 476, 528 , 549
the picture of an, as defendant in au action for libel, 405
See also Administration of Justice.
AUCTION.
custom of auctioneers bidding at their own sales, 278
duty abolished and licences granted, 232
reduction of duty on certain sales, 74
See also Bowring, John ; Land .
AUSTEN, ADMIRAL. See Navy.

AUSTRALIA.
neglect of authorities as to adventurers from, 279

See also references from Adventurers ; Transportation .
BAKER, CAPT .; TAM ACHOY AND OTHERS . See Buccaneering.
BALCONIES AND VERANDAHS . Sec Land.
BALFOUR, CAPT. G.
eulogizes Major Caine and Mr. Hillier, 134
BAMBOO ACT, THE . See D'Aguilar, Major-General.
BAMBOO STRIKING . See Watchmen.

BAR.
assignment of counsel , 436
barristers to receive their fees through their attorneys, 416
complaints that prisoners in capital cases not allowed counsel, 325
denial of counsel to prisoners, 38
Dr. Bridges' signboards, 551
fees allowed to counsel not considered sufficient, 309
letter from the, to the Attorney-General on the subject of amalgama-
tion, 456
Mr. Anstey on professional etiquette, 552
refusal of Consul at Canton to allow counsel to appear before him, 332
retaining fee, 460
rules occasionally infringed , 371
of etiquette drawn up by Mr. Anstey, 371
the Court assigns counsel and attorney to a prisoner, 381

See also Adams , W. H .; Anstey, T. C .; Attorney ; Bridges, W. T .;
Consular Courts ; Legal Profession ; Moresby, W.; Practition-
ers-in-Law; Professional Men ; Sterling, P. I.

BAXTER, THE REVD. W. See Church.

BELCHER, CAPT. SIR ED. See Navy.

BEVAN, W. F.
acting Clerk to Chief Justice Hulme , 331
relinquishes duties, 353
BILL OF COSTS .
a, for revision by the Court, 309
resolution that Chinese be notified that, are taxable, 194
BISHOP OF VICTORIA. See Church.
672 INDEX.

BLACK CAP, THE .
origin of, 430
See also Hulme , J. W.
BLACK HOLE , THE .
acrimony in England upon the subject of, 422
BOATS AND JUNKS . See Harbour.
BOGGS, ELI.
his evidence at the trial of Ma Chow Wong, the pirate, 436
released from gaol , 645
sent to America, 645
trial and conviction of, the American pirate, 436
BONHAM, S. G.
administration of, reviewed, 323
a good common lawyer, 238
appointed successor to Sir J. F. Davis, 168 , 173
assumes duties, 185
care as regards legislation , 294
commissions of, 185
commutes sentences of death as regards which Chief Justice Hulme held
out no mercy, 291
considered unfortunate that he did not remove Mr. Campbell, 195
departure of Lady Bonham, 299, 322
culogized , 206
final departure of, 340
his previous career, 173
--
tour, 195
knighted , 293
lay judges and, 221
leaves for northeru consulates, 200, 285 , 332
made a baronet, 331
misplaced leniency, 291
motives of delicacy in not removing Mr. Campbell, 198
pardons prisoners convicted on Too Apo's evidence, 174
policy in Hongkong, 341
proceeds to Canton under instructions , 304
--Shanghai, 309
public opinion of, 174
regard for public opinion, 238
return from leave, 331
the north, 331
the liberality of, 224
See also Tail Cutting.
BOWRING, DR. See Bowring, John.
BOWRING , JOHN.
" An empty -headed, malevolent, lying, political quack, " 589
a plain recall of, 587
appointed British consul at Canton, 227
Governor of Hongkong and Her Majesty's Plenipotentiary.
etc., 339
arrival in Hongkong as Governor, etc., 340
of, as consul at Canton, 236
as belonging to an unsatisfactory, etc. school, 536
asks Secretary of State to await result of investigations as to Mr. Austey's
statements, 502
 INDEX . 673

BOWRING, JOHN- Continued.
a staunch and blind supporter of Dr. Bridges, 563
attempts to clear Dr. Bridges re opium monopoly controversy, 475
career reviewed, 596
Chambers's Encyclopædia on, 598
character of, in ' Journal of T. Raikes , Esq . ' . 387
cold shoulder from community on departure, 596
death of his father, 381
declines to accept Mr. Anstey's resignation as J. P., 502
departure and death of his wife, 471
for Mauila, 564
despatch reporting Mr. Anstey's suspension, 516
directly responsible for state of affairs in the Colony, 577
doubtful of his power to control the attorney-general, 391
early supersession of, 595
explanation for appointing Dr. Bridges as counsel to Superintendent of
Trade, 549
government of, contrived to whitewash Mr. Caldwell, 576
he is knighted , 339
Her Majesty's Plenipotentiary and Superintendent of British Trade, 322
his administration wicked and corrupt,' 595
- attitude during dissensions between Mr. Anstey and Mr. Mitchell,
391
-daughter Emily joins the convent, 596
demeanour in the Anstey and Mitchell cases, 405
departure, 595
endeavours to save his tottering administration, 535
- letter containing accounts of the poisoning case, 423
previous career, 227
re-marriage, 597
shameful administration , 469
Houses of Lords and Commons ask for recall of, 581
hymn of thanksgiving by, 422
leaves for the north, 353
motion in the House of Commons as to the registration Ordinance, 68
Mr. Anstey a scape-goat of, and the subject of attack, 563
Mr. Austey's revelations regarding relations between, and Dr. Bridges ,505
Newcastle Foreign Affairs Association convict him of falsehood , ' 650
notification of his assumption of duty as consul, 236
on our forbearance towards the Chinese, 423
private practice of the attorney-general and other officials, 476, 528 ,
549
-- the Chinese and the exorbitant charges of the lawyers, 186 , 493
proceeds to England on leave, 332
Java on leave, 331
proclamation of, to the Chinese, 24