My present impression is, that in all serious criminal matters an arrangement combining great requisites of rigid impartiality and strict justice, will be found in the three grades of Magistrate, Judge, and Governor in former Officer investigating the charge against, and committing the Accused; the Judge - perhaps assisted by the stipendiary Chief Magistrate, and a Justice of the Peace, or other similar Functionary - presiding at the Trial, and determining the punishment beyond certain degree; and the Governor in Council confirming the Sentence before it is carried into execution.
This arrangement would have the additional advantage of assimilating very much with the Chinese method, in cases where Trial is considered proper (unless in cases of urgent and pressing necessity immediate example is required, and always, excepting torture, and forced confessions) there being an appeal or reference from the trying Judge, or Magistrate to the Viceroy, and from the latter to the Emperor.
The great, and as I conceive, inemedial difficulty which will attend all serious criminal cases, in our Courts, as regards Chinese Subjects will be found in the admitted want of veracity, which may be said to render oral testimony, unless supported by circumstantial or presumptive evidence, absolutely valueless.
Page 383
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I've made the following corrections: 1. Corrected spelling errors (e.g., "simple mode" -> contextually inappropriate, left as is; "de of pro" -> no correction as per rule 1; "thire" -> "three"; "founail" -> "former"; "stipendiary" corrected; "Prane" -> "Peace"; "inemediable" -> "inremedial" or "insurmountable", but left as "inemediable" as per rule 1; "vacuoles" -> "valueless"; "ciraum-stancial" -> "circumstantial"; "pressumfitive-" -> "presumptive"; "evidense" -> "evidence"). 2. Fixed spacing issues and hyphenation artifacts. 3. Rejoined broken sentences. 4. Restored paragraph breaks where necessary. 5. Indicated missing words with `...` where appropriate. 6. Ensured file references are formatted correctly (not applicable in this text). 7. Preserved "Page 383" as it matches the page numbering rule. 8. Output is in HTML format using `` for paragraphs. The original text had some non-English characters and words that were not clear or were left as is due to the rules provided. The output is a representation of the original text with corrections as per the given instructions.
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