ted to the impartial eye o f the fupreme tribunal o f juftice, which
affirms or alters, according to the nature o f the cafe. And
where any peculiar circumftances appear in favour o f the ac-
cufed, an order for revifing the fentence is recommended to the
Emperor, who, in fuch cafes, either amends it himfelf, or directs
the proceedings to be returned to the provincial court,
with the fentiments o f the fupreme tribunal on the cafe. The
proceedings are then revifed, and i f the circumftances are
found to apply to the fuggeftions o f the high court, they alter
or modify their former fentence accordingly *.
' As
* The following law cafe, which is literally tranflated from a volume o f reports
of trials, publiihed in the prefent reign o f Kia-King, and with which I have been
favoured by a friend (who was himfelf the tranflator), w ill ferve to ihew the mode o f
proceeding in criminal matters o f the provincial courts o f judicature. The circumftances
o f the tranfaflion appear to have been enquired into fairly and impartially,
and no pains fpared to afcertain the exafl degree o f criminality. Being given to me
about the time when the trial took place o f Smith, for the murder o f the fuppofed
HammerJmilh ghofi, I was forcibly ftruck with the remarkable coincidence o f the two
cafes, and with the almoft identical defence fet up by the Chinefe and the Engliih
prifoners, and on that account it excited more intereft than perhaps it might other-
wife be confidefed to be entitled to. •
Tranflation o f an ExtraB from a ColleBion o f Chinefe Laon Reports, läng tie Trial, Appeal,
and Sentence upon an Indiilment fo r Homicide ly Gun firing.
A t a criminal court held in the province o f Fo-kien, upon an indictment for {hooting,
and mortally Wounding a relation; fetting forth, that She-fofiao, native o f the
city of Fo-nganfien, did fire a gun, and by mifchance.wound Vang-yang-man, fo that he
died thereof.
The cafe was originally reported, as follows, by Vu-fe-Kung, fub*viceroy o f the province
o f Fo-kien:
The accufed She-fo-pao, and the deceafed Vang-yung-man, were o f different families,
but connected by marriage, were well known to each other, and there had al-
Ways been a good underftanding between them-
As in fome o f the Grecian ftates, and other nations o f modern
times, the puniihment o f treafon was extended to the relations
o f the criminal, fo in China, even to the ninth generation,
In the courfe o f the firft moon, o f the s fth year o f Kien-long, She-fo-pao cultivated
a farm on the brow o f a hill belonging to Chin-fe-lien, and which lay in the vicinity
of certain lands cultivated by Vang-yung-man and Vang-ly-hao, inafmuch as that the
fields o f Vang-yung-man lay on the left of thofe o f She-fopao, which were in the center,
and thofe of Vang-ly-hao on the right fide of the declivity o f the hill. I t occurred
that on the 7th day o f the pth moen o f the fame year, She-fo-pao obferv-
ing the corn in his fields to be nearly ripe, was apprehenfive that thieves might
find an opportunity o f ftealing the grain; and being aware, at the fame time, o f the
danger which exifted on thofe hills from wolves and tygers, armed himfelf with a
mufquet, and went that night alone to the fpot, in order to watch the corn, and feated
himfelf in a convenient place on the fide o f the hill. It happened that Vtmg-ly hao
went that day to the houfe o f Vang-yung-man, in order that they might go together
to keep watch over the corn in their refpeftive fields. However Vang-yung-tong the
elder brother of Vang-yung-man, conceiving it to be yet early, detained them to drink
tea, and fmoke tobacco until the fecond watch * o f the night, when they parted from
him, and proceeded on their expedition, provided with large fticks for defence.
' Vang-ly-hao having occafion to ftop for a ihort time upon the road, the other Vmg-
yung-man went on before, until he reached the boundary o f the fields watched by
She-fo-pao.
She-fo-pao, on hearing a milling noife among the corn, and perceiving the ihadow
of a perfon through the obfcurity o f the night, immediately hailed him, but the wind
blowing very freih, he did not hear any reply. She fo-pao then took alarm,^ on the
fufpicion that the found proceeded from-thieves, o r elfe from wild beads, and lighting
the match-lock, which he held in his-hand, fired it off, in order to repel the invaders
Whoever they might be.
Vang-yung-man was wounded.by the (hot in the head, cheeks, neck, and ihouldec,
'and inftantly fell to the ground. Vang-ly-hao -hearing the explofion, haftened forward,
and called aloud to enquire who had fired the gun. The other heard the
-voice, and going to the place from whence it proceeded, then learned whom he had
# Each watch is two hours, and the fecond watch begins at eleven 9 elecjc*
3 b 2 'wounded