3.
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men had freely made the statement implicating themselves in the crime with which they were charged. The question of the manner in which the culprits should be handed over was merely left as a matter for further discussion. There is moreover the most important question which I humbly submit appears to have been persistently ignored both by Your Lordship and His lajesty's Ambassador, namely that quite apart from Cheng assassination and murder of Japanese soldiers, these men were members of a terrorist gang a criminal offence and that on this account alone if it is necessary (which is denied) there must be prima facie evidence,
such evidence does in fact exist.
4. Neither you nor the Brigadier have been activated in our
It is opinions and suggestions by fear of what Japanese would do. the opinion not only of Brigadier and myself but also of other leading members of community with whom the matter has been discussed that Japanese are legally and morally justified in their demands.
5. Regarding suggestion of trial by independent mixed tribunal (in which there are as Your Excellency states inherent legal difficulties) or other form of trial I and all persons whom I have consulted myself, are convinced that no solution except complete compliance with their request will satisfy local Japanese military authorities who are acting under orders of General Sugiyama, supreme Japanese authority in north China. Consequently suggestion if it is to be made must in my opinion be made through His Majesty's Ambassador Tokyo who can judge whether it will help the moderate Japanese element there and enable them to control extremists who are here working up agitation by insisting on demands [grp. undec.] Japanese military authorities by our refusal to accept evidence
submitted by them.
6.