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the laws, and public justice cannot he denied. All our brethren have the right to safeguard their own lives. It is essential that the public should keep to civilized methods and on no account ereate any disturbance after the manner of savage tribes. We are afraid that foolish and ignorant persons might be misled by current gossip into committing acts of violence. This Association has taken the initiative and invited the corporation of the Press Association and the Red Cross Society, of the west suburb in opening a public discussion of the case at which every effort will be made to forward We have arranged to invite our brethren to a meeting to be held at noon on the 7th December, at which we will make known the rights of the case. This will prove to you that both Government and people are united in adopting a proper course of action, which they will maintain with all their might until they have fully vindicated the requirements of the law.
the cause,
Notification by the Canton Self-government Association.
Printed and circulated by the "Seventy-two Guilds Press," of Canton,
Inclosure 12 in No. 1.
Extract from the "Seventy-two Guilds' Press" of December 8, 1908.
(Translation.)
RE certain case in which a passenger was kicked to death by a foreigner. Public anger has been aroused throughout the whole province of Kwangtung. Yesterday, a relation of the deceased, named Ho Yu Cham, called personally at the Self-government Association, and presented a written statement as follows:--
This statement of complaint is presented by He Yu Cham concerning the shocking way in which the deceased was kicked to death. The British Consul protected the prisoner and shut out the means of redress for the grievance.
Your humble petitioner is a brother of the deceased, Yu Tiu, who was wickedly kicked to death by a foreigner on the steam-ship "Fatshan." This complaint bas already been laid before your honourable Association to obtain redress.
I have heard that the British Consul intentionally shifted the responsibility on to others. I fear that there will be no redress, and that I will have to swallow the grievance. I believe that I am not influential enough to obtain redress for the death of my brother. I beg the Association, which is animated by a patriotic spirit and concern for the public good, to have pity on your brethren and take the matter up. understand that the Association has already consulted with Na Shi, my sister-in-law, and is thoroughly acquainted with the facts of the case. I trust that the Association will do its utmost with the assistance of the patriotic witnesses Yeong, Fung Tang, and Cheong, to stand firm. My sister-in-law and my nephew will abide firm by the decision of the Association whatever it he.
may I thank you heartily for taking the matter up. This Petition is presented to the honourable members of the Self-government Association by Ho Yu Cham, brother of Ho Yu Tiu, the deceased.
(Translation.)
Inclosure 13 in No. 1.
Extract from the "Seventy-two Guild Mercantile Press.”
STEAM-SHIP "FATSHAN" AFFAIR.
IN reviewing the ease in which the deceased was wounded by a kick he received near the heart from the foot of the accused, and also a blow given with the hand, both of which were causes of the death of the man, in both instances there were marks of bruises and scars. Added to this, there was the clear evidence of numerous persons proving it beyond doubt. It was therefore impossible for the murderer to be excused or held blameless. In reviewing the evidence given by the colleagues of the accused, one of them not only said that the accused did not beat the man to death, but that he did not beat anybody at all. The passenger died because he was ill when he went on board the steamer, and he died a natural death. They actually hushed up a case of this grave importance. This can only be regarded as arbitrary, and as holding the Chinese people in contempt. The evidence was false and trumped up, and there were many
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contradictions. For instance, the chief officer said that the watchman pushed the man on the shoulder; the Indian watchman also said the same thing; but the sailor said that the watchman only asked the deceased to get up, and called him twice when he got up, and that the watchman did not push the deceased by the shoulder. Although this is not a very important point in the case, it demonstrates obvious discrepancies in the evidence, and we cannot blame the British Consul for saying that the evidence was not clear.
The British Consul also said that there was no evidence to show that the accused committed a crime. It is only on account of racial distinction that the matter was hushed up, and the Consul had no time to think of public justice at the time. It is really a very great pity.
(No. 72.) Sir,
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Inclosure 14 in No. 1.
Acting Consul-General Fox to Sir J. Jordan.
Canton, December 11, 1908. IN continuation of my despatch No. 71, dated the 9th instant, I have the honour to report that, in the course of an interview with the Viceroy yesterday morning lasting nearly two hours, I pointed out to his Excellency the gravity of the situation created by the anti-British agitation now being conducted by the Self-government Society and the Chinese newspapers in Canton, and I urged his Excellency to dissociate himself and his Government from this dangerous movement by issuing a Proclamation explaining that the "Fatshan case was being dealt with by the foreign and Chinese authorities concerned, and warning the people of Canton from listening to false rumours and private persons from interfering in matters which did not concern them. I explained as clearly as I could my position with regard to this case, and I told the Viceroy that, so far from having attempted to bush up the affair or shift my responsibility on to the shoulders of others, I had actually gone farther than I was perhaps legally justified in going, especially in the matter of the inquiry held at the Consulate. I pointed out to his Excellency that in March 1907, when a Portuguese watchman on board the British steam-ship "Sainam" had accidentally shot at and killed a Chinese passenger, the case had been tried by my predecessor, Mr. Mansfield, in his capacity as Acting Consul for Portugal and sentence passed under the Portuguese Fenal Code. (I had discovered this precedent in the archives of the Portuguese Consulate the previous evening.)
The Viceroy, whose manner at the beginning of the interview had been somewhat unfriendly, became more cordial as the conversation progressed, and eventually stated frankly that his position was a most difficult one, and that he earnestly desired an amicable settlement of the affair. He had given the police orders to restrain the news-
papers from publishing inflammatory articles concerning the case, and he was prepared to issue a reassuring Proclamation. He admitted that a charge of murder, or even manslaughter, could not be maintained, but he seemed to think that, the passenger being in a very weak state, his death was hastened, if not actually caused, by the shaking administered by the watchman.
His Excellency begged me to hold another inquiry, and, if possible, inflict some slight punishment on the accused. I informed the Viceroy that I would gladly do anything I could to terminate this unfortunate controversy, but that I was unable to adopt his suggestion-in the first place, because, in the absence of any fresh evidence, I could not honestly say I thought the watchman had been the cause of the man's death; and, in the second place, because, the Portuguese Consul having claimed juris- diction over the accused, I had no right to hold a further inquiry, much less to impose a punishment. I suggested to the Viceroy that, if he really was not satisfied with the results of the first inquiry, he should request the Portuguese Consul to hold another; and I promised his Excellency that I would use my best endeavours, in an unofficial manner, to make the investigation as thorough as possible.
The Viceroy having mentioned that some points in Dr. Davenport's evidence were not clear to him, I offered to send Dr. Davenport to the yamên to answer any question his Excellency might wish to put to him.
Before taking leave I informed the Viceroy that I was in telegraphic communica- tion with both the Governor of Hong Kong and yourself concerning this case, and I hoped that I should shortly be in a position to report to you that the Viceroy of Canton had taken effective steps to suppress the quite unjustifiable agitation that had been started over this affair, and that the "Fatshan case had been satisfactorily settled.
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