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I would point out that Liang Yin Fan was recognised by Ho Chick and Liang Pei-am as one of the Perseverance piracy criminals, and that the case of Chon Yin Fan, denounced by Chu-Yon Chang and Liang Shan as having, under pretence of mission hatred, collected a party and robbed the Kuang Hua and Chun Chan Shops, was a separate one.
Although in these cases the persons offended against had through their evidence brought the prisoners into Court and were confronted with them, still Liang Xuei, Chong Yin, and Chon Nan all refused to admit the truth of the indictment.
Now, although the fixed law of China contains a provision that when many witnesses give clearly convicting evidence, the trial shall be considered as complete, still in cases of robbery and homicide, it is essential for the prisoner himself to admit his guilt before he can be punished. It is to be feared that although these prisoners have been clearly convicted, they assuredly will not admit the evidence against them without being tortured.
According to regulation, it is not proper to apply torture in the interrogation of prisoners extradited from Hongkong, so it is not proper now to do so.
I have the honour to send to Your Excellency copies of the evidence for Your Excellency's information and to ask for decisions.
As to whether the prisoners Chong Yu and Liang Kuei should or should not be punished according to law, after further satisfactory evidence has been obtained,
(1) and whether Chen Han should or should not be sent to stand his trial at Sinning City on the accusation having been laid there by Chu Ton Chang.
There are besides Feng Chin Fu and another against whom there is no evidence convicting them of crime. I am sending a man to go speedily to Hanoy and writing to the Tung Kwan Magistrate asking him to make investigations at the shops and residence mentioned in Court by Fang Chin Fu and To Pui, find out their record, and if the investigations are satisfactory, release them separately, and take clemency measure.
Having no doubt about the case, I have endorsed it with orders for Liang Ya Kuo and Chong Ya Tup, as the witnesses have given convicting evidence showing that they are the criminals guilty of the piracy off the "Perseverance", to be treated in accordance with the clause which provides that "where the body of evidence establishes proof of guilt, the trial is complete". The Magistrate will then, on data on which punishment is not forbidden, punish the persons Liang Ya Kuo and Chong Ya Tup as regulations provide.
Chon Nan alias Liang Ya Chang having been testified against...