471
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...
$4
471
la fanɛsooned-to-have.se.objection to raises I would point out that hieng In Inod and Shong Ya:Tup@recognised, by ho Chick and Bjang, Pei-am- the
a Perseveranou Piracy erininals belongedɛte one ease; and that the case of·
Chon Yn fan, denounced by Chu-Yon Chang and bi la Shan: as having, under. pretence of mti-nission hatred, collected:a party:and: robbed the Kuang Hus leis.and Chun Chan' Shops,‹ was `a`separate,one."
How:although in these cases: the persons, offended against. had through their evidenes brought the prisonses into Court:id/be.confronted, ‹ still biang Xuei, Chong. In and. Chon: Ban:all:refusedɗbasadnit, the truth.of the, nifdenoa. -
--
~ Now:although the fixed✅law.of: China:contains:a. provision: thatṇuben many witnesses: give:clearly convicting:oridensegetheɛtrial:shall be considered, aszplete,› Stillčinɛsasse,ofɑrebbery :and:bomicide.it is essential for the prisoner. himself to:adnit@hin: guilt, before.he:san.be punisheda. It is to be feared that although these prisoners : ħare: boon^eleearly:sonvicted;‹ -theyžassuredly not admit the evidence against then: without being tortured. “
Ieroror,^na: 56- ham boon theʻonaten inɛšho pánt 'socording to regulation, netę to <apply, torture - in. interrogation of prisoners extradited frem. Hongkong, soʻit.
is not proper nov te da na::
writ
S
. I have theɛ honour to send to Your Rxcellency.copies.of- the evidence for Your Excellency^a:information and to ask for decisions.
· Âu to whatber:the prisoners Chong Yu÷and:biang Kuei should or should not be punished :nccording to≥law;<efter:ffarther) 'satis- factory, eridanoo, has:bean: obtainedɛand
-(1)..
· Thother-Chen-Han^should. or shouldɛ not, beɑsent:te:stand/
kis irinl ́at Simning Sitpy/the-accusation“having:boon :laid there by Chu Ton Chang.
*
There are besides Feng Chin Pucand :another :against whom there is no evidence convicting then, of crine."I'an sending a man to go speedily to Haono:and`an writing. to the Tung Kumn: Hagistrate asking him to ye omake investigations.at the shops and residence. nentioned in Court by Fang Chin Fu and To Puş, find, out their:record :and:fif: the:investigations:are satisfactory) "retenue:thon:separately;@andycancazionient measure,‹OZGUSO `ikon. fron, punishment;· Itɔia: ay duty: to include, this matter:in:ny:report.
Having“nosoirnd: the:abars I have:endorsed it; with ́orders for kiung fu Kuoi:and, Chong. Ta Tupʻsinos. the witnesses, have, given convicting evidence showing that they are thecerininals; guilty, of the piracy offthe "Porseveranssly to be treated in accordance with the alause which provides, that "where: the body,of:avidanoo:establishes, proof of guilt, ́the trial-in,completa!: The Hagistrato:will ̧‹ thonƑatɛsans, data, on: which punishnonić amo, not farbidden, punish the parsons:hiang` Ya Kusiɛand Chong Ya Tu as regulations provide.'
· Chon ̈ Nan : alias bei Ya Chang having boon testified-
Cagainst
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