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comply with the usual practice of the Court and supply the necessary evidence to show a bona fide case against the accused.
Taotai appreciated Consul-General's attitude, and said he himself was surprised at absence of documents and had telegraphed to Viceroy, who said it was all right. He had again telegraphed on receipt of Sun's report of Mixed Court proceedings, and received the telegram produced addressed to the Consul-General.
He asked that a compromise be agreed to in this case ("t'ung jung"), and that the Viceroy's telegram to the Consul-General be accepted by the Court in lieu of evidence, on the understanding that he would ask the Viceroy to comply with the rule ("chang-ch'eng") of the Court on future occasions. He did not wish to telegraph again to the Viceroy, as it would be bad for the latter's face.
Mr. Barton pointed out that it was on account of this being probably only the first of numerous applications for "rebels" that the Consul-General considered it important that the usual practice be adhered to in order that there might be no delay in the future.
The Taotai repeated his arguments re face, and asked that the Consul-General's reply to his proposal should be communicated as soon as possible. (Mao present at interview.)
January 13.-Mr. Mao called at the Consulate at my request, and by instruction of the Consul-General I pointed out that the Taotai's request for a departure from the usual practice of the Court in this instance would require reference to the Consular Body and probably to Peking, thus entailing long delay-at least a month--before the men were handed over.
If, on the other hand, the Taotai would wire to Nanking the documents would be here in a few days, and there was little doubt that on their production the men could be handed over at once.
Mr. Mao said he would convey the message to the Taotai. I also showed him the Consul-General's despatch in reply to the Taotai on the subject.
S. BARTON.
(Signed)
Sir,
Inclosure 7 in No. 1.
Consul-General Sir P. Warren to Taotai Jui,
Shanghae, January 13, 1907. I HAVE the honour to acknowledge receipt of your despatch of yesterday's date regarding the arrest of Chang and Huang at the instance of the Nanking Viceroy (despatch quoted).
It has always been the practice at preliminary hearings at the Mixed Courts of cases of persons arrested at the instance of other jurisdictions to act on the authority of the evidence against the prisoner on record.
In the case of Chang and Huang, however, the only evidence available was that of the Nanking Viceroy's officers, Yuan Fu-tsai and others, who stated verbally that the accused had been implicated by the late rebel Li, already executed at Nanking. The evidence given by the said Li was not produced.
Mr. Vice-Consul Barton, considering that the case was not in accordance with the usual practice, inasmuch as there was no despatch either from yourself or the Nanking Viceroy, arranged with the Assistant Magistrate, Mr. Sun, that the accused should be remanded in custody of the police, and that he (Mr. Sun) should ask you to supply the Court with the details of the charge and the evidence given by Li, in order that they might have something to go upon.
If Chang and Huang are really ringleaders of the "Ke Ming Chun" rebels I have not the slightest desire to protect them, but in view of the fact that rebellion has been rife in the Provinces of Kiangsi and Hunan, there will probably be numerous applications made for the arrest of rebels, and as this is the first instance of such a request it requires to be carefully dealt with.
I accordingly have the honour to ask that you will supply the Mixed Court with the details of the case against Chang and Huang, and also the evidence given by Li, in order that it may be available when these men are brought before the Court for preliminary hearing. If such evidence is not in your possession I beg that you will apply for the same from Nanking by telegraph.
(Seal of His Majesty's Consul-General.)
(Translation.) (Telegraphic.)
Inclosure 6 in No. 1.
Viceroy Tuan to Consul-General Sir P. Warren.
(Handed to Mr. Barton by the Taotai, January 12, 1907.)
TWO ringleaders of the Kiangsi rebels, Chang Pao Ch'ing and Huang Yi (alias Huang Hsiao Chen), have been searched for in every direction, but evaded arrest. Having learnt that they were residing at the hostelry for students from Japan in the Ningpo Road at Shanghao, I secretly dispatched officers, who, with the co-operation of the Mixed Court as the Rules require, effected the arrest and brought the men before the Court.
These men prepared plans for the rebellion in the Ping Isiang and Li Ling districts which caused much harm to the people and disturbed the public peace; their crime calls for severe punishment as a warning to others.
I learn that the Assessor, Vice-Consul Barton, holds that a despatch from myself or from the Taotai is necessary before the men can be handed over, from which it is evident that he too joins in hatred of evil-doers, and I appreciate the serious attention given to public business which this indicates. I accordingly send this communication by telegraph to request that the men may be handed over to take their trial at Nanking.
(Seal of Viceroy.)
(Translation.)
Sir,
Inclosure 8 in No. 1.
Tuotai Jui to Consul-General Sir P. Warren.
Shanghue, January 16, 1907. I HAVE the honour to acknowledge receipt of your despatch of the 13th instant (despatch quoted) and am much gratified to learn that you share my hatred of criminals and my opinion of the importance of this case.
I at once telegraphed to the Viceroy at Nanking, and have received his reply, forwarding the detailed evidence of the secret society men, Li Fu Tsai and others. His Excellency further states that as the rebels Liu Cheng, Li Chao Mei, Chang, and Huang had not been arrested, he first ordered the immediate execution of Li and others, and kept Fu Yi Cheng to be confronted with the others when captured.
I an instructed to consult with you for the immediate handing over of Chang and Huang in order that they may be tried and punished with the others.
I have communicated with the Mixed Court, and now inclose, for your informa- tion, a copy of the Viceroy's telegram, and I shall be greatly obliged if you will instruct Mr. Vice-Consul Barton to have the accused Chang and Huang before the Court in order that they may be handed over for transfer to Nanking, there to be tried and punished.
(Seal of Taotai.)
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