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an
November 25, 1896.
THE PROCEDURE AT INQUESTS
The CAREW.ingt Yokohama contemp tions as to the prop
ven rise in our
and
elto
THE HONGKONGJWEEKLY PRESS AND to endow private individuals with powers “but there is certainly not the wholesale of imprisonment. It might, however, be torture and cruelty that the rebels and worth considering whether a proviso should " newspaper correspondents would lead us not be introduced to the effect that a ship "to believe." We are sorry the cor-
give should not be held responsible for the mainten- respondent ance of destitutes who have been convicted unqualified denial to the statement, or, observed in such inquiries. One of having obtained their passage as stow- failing that, to state precisely the nature Japan Gazette, holds that it
for the Coroner allow -as he euphemistically aways. No case of hardship has actually of the "
pressure arisen under the Ordinance during the eight terms it brought to bear on prisoners to examine the witnesses, and another the years it has been in operation, nor are such force them into confession. If torture is Japan Mail, holds that the case afforded “another illustration of the defective cases likely to occur, but it is conceivable employed at all it is disgraceful, and the
"character of English law in that it allows that they might do so, and there would attempt to palliate the disgrace by saying
“such inquiries to be held in public.” Both- be no harm, therefore, in providing that certain descriptions of it are exag- against them, but the question cannot be gerated is no better than the young lady's points are of importance, especially the regarded as one of very pressing urgency. excuse with regard to her baby, that it was
latter, but neither of our contemporaries Another case has been mentioned, that of the only a little one. In the absence of appears to be aware of the real state of the master of one of the North German Lloyd any definite statement on his own part as law on the subject. The Coroner's court is steamers, who was sued some years ago for to the nature of the "pressure" applied legally a close court and the Coroner may "Im-exclude any one who is there merely the recovery of a sum of nearly a thousand and the extent of its application dollars for the maintenance and transport partial " does not satisfy us that Mr. as a spectator or reporter, from the colony of a party of Mahomme- DAVIDSON's description was even exag-lawyers cannot claim as of right dans shipped here from Japan by semi-gerated. It is said that Mr. DAVIDSON sent, much less to examine
The admission the public subscription. The Government lost had to rely almost entirely on hearsay, nesses.
the examination
and the case owing to technical errors on the part that he had no possible means of verifying and of the officials concerned, but had the matter his assertion with regard to torture inflicted, examination of the witnesses are matter been conducted properly the ship and that he could not have spoken with entirely within the Coroner's discretion would have been held liable. How that any of the victims. May not precisely the and, as a matter of fact, the practice case can be advanced as an argument in sup- same be said of "Impartial ? " Has he varies according to the Coroners' individual port of any modification of the Vagrancy been present in the torture chamber views. As a general rule, however, the in- Ordinance we fail to understand. The colony while torture was being inflicted, so as quiries are held in public and lawyers are has a perfect right to protect itself against to be in a position to say that it is not allowed to examine the witnesses, though being made the dumping ground of all the what it has been represented to be; or in the latter respect rather less latitude destitutes of the surrounding ports, and it is has he spoken to any of the victims? We allowed than in the cross-examination quite in accordance with justice that any trow not. The public is not likely to have hostile witness in a criminal court. It is think, that such ahip knowingly bringing destitutes to the the direct evidence of any reliable eye-witness obviously desirable, we colony should pay for their maintenance and of the torture and will have to draw its own diversity of practice as exists should be transport to their own country instead of the conclusions from hearsay evidence. On the reduced to uniformity. Steps have recently colony being called upon to do so. The one hand there will naturally be an inclina- been taken by the Institute of Journalists only class of cases in respect of which modi- tion to paint the torture in the blackest with a view to such an amendment of the fication might be admitted is that in which colours and on the other hand an equal in- law as will prevent the exclusion of press the destitutes are brought to the colony clination will exist to minimise and palliate representatives from inquests, and if the without the consent of the master of the it, but the unhappy fact seems to remain Government take the matter up possibly ship bringing them, destitutes who have ob- established that torture in some degree has the question of according lawyers a re- tained their passage surreptitiously, though been practised, and that being the case the cognised locus standi may be dealt with at as a matter of fact we believe no claim has judgment of humanity will not be much the same time. ever yet been preferred against any ship affected by the precise number of turns under such circumstances. Should it be given to the thumbscrew. considered necessary to amend the law in that sense it is to be hoped it will be done without in any way impairing the general efficiency of the Ordinance.
THE ALLEGED TORTURE AT
MANILA.
When Mr. DAVIDSON, our special cor- respondent, reported on his return from Manila that persons accused of complicity in the rebellion were subjected to torture, the statement was received with some in- credulity, for it seemed almost impossible to believe that at the end of the nineteenth century torture should be practised by a civilised Government. That unnamable atrocities should be committed by the rebels on their captives seemed probable enough, but that the Spanish Government on ita part should make use of torture to extort confessions from accused parties was quite another matter. Mr. DAVIDSON's statements are confirmed, however, in an unexpected manner. respondent signing himself. "Impartial writes to the Hongkong Telegraph to con- tradict various statements made in the Hongkong papers; he writes evidently with a strong feeling in favour of the Spanish, but on the subject of torture he confirms Mr. DAVIDSON as to the main fact and only joins issue with him on a question of degree. He says There is no doubt that in some cases pressure has been brought to bear "on prisoners to force them into confession,
cor-
of a
As to the expediency of holding in- quests in public there can hardly be two opinions. The reasons to the contrary are stated by the Japan Mail as follows "The finding of a Coroner's jury has no "conclusive force; it is at best a prelimin-
"
ary to judicial procedure. Hence the "machinery of a Coroner's Court lacks many "things essential to the complete admin- “istration of justice. None the less, an "inquest may develop phases permanently
The value of "Impartial's " contradic tions, either as regards torture or any other matter in connection with the rebellion, may be gauged from his reference to the battle of Talisay, in which he says our correspondent (not Mr. DAVIDSON this time) has " gone one better" than the rebels. A reference to General BLANCO's telegram to Madrid as published in the home papers proves the substantial accuracy of our correspon- dent's report of that affair. In recording a campaign such as that now proceeding in the Philippines, where every effort is made to prevent information leaking out locally, it is inevitable that mistakes in details" should be made, but the mistake to which
EC
C
K
injurious to the reputation of some person "who is not prepared at the moment, and possibly has not the opportunity, to vindi- cate himself. European nations reputed "to hold the first rank in jurisprudence fully recognise these points, and carefully guard against publicity in the conduct of "all such preliminary investigations: Eng- land, unfortunately, has not yet followed their example, and probably if her legis- "lators proposed to do so they would have difficulty in overcoming the respectable "old prejudice against secrecy in any shape
"
Impartial" draws attention is of a trivial description. The important point was whether the Spanish had sustained a check" or not; an officer more or less killed or wounded or the precise loss of men is not a very material fact in the case. Our correspondent stated that in the action referred to the Spaniards lost their colonel and two captains killed, one lieutenant severely wounded, besides 80 rank and file killed and 100 made prisoners. General BLANCO states that the column "had to fall "back with the loss of two officers and sixteen men killed, one major, one subaltern, "and twenty-one men wounded; and Reuter states that the "unfavourable news had "caused great anxiety" at Madrid, and it was thought possible that further reinforcements might be required. we know, further reinforcements are now on their way, and it is evident that "Im- partial's" estimate of the situation is not that of the Spanish Government.
"
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As
or form; a prejudice which, though "founded on the idea that right can be best "vindicated in the open, sometimes con- "duces to the infliction of grievous wrong. It is true that in individual cases the publication of the evidence taken at in quests may prove a serious hardship to perfectly innocent individuals, but the regrettable as it may be, is as nothing co
the great public good ach pared with t by the operation of a wholesome system publicity. If inquests were only held in cases which are subsequent to be dealt rts there ould of with in the criminal
the course be no very strong publication of the evidenc for the holding of the inquesta but