tîon, a traitor’ s blood is fuppofed to be tainted, though they
ufually fatisfy the law by including only the neareil male rela-
tionSj then living, in the guilt o f the culprit, and by mitigating
their
v;oundeti by the mlfch'ance. The wounds o f Vang-yung-mati being mortal, he expired
after a very fho'rt interval o f time had elapfed.
Sbe-fo-pao, being repeatedly examined by the magiftrate, acknowledged the fait
without referve ; and, upon the ftritfteft inveftigation and enquiry being entered upon,
depofed, That it was really during the obfeurity of the night that he had afcendid
the hill, in order to watch the corn, and on hearing a nolfe to proceed from a quarter
o f the field that was extremely dark, and in which the fliadow of fome perfon
was difcernable, he had called out, but received no anfwer:— That the fufpicion then
arofe in his mind, that they were either thieves or wild beafts, and alarmed him for
the fecurity o f his perfon, being then entirely alone j he therefore fired the gun to repel
the danger, and wounded Vang-yung-man by mifchance, fo that he afterwards
died.
That he, the deponent, was not a&uated by any other motive or intention on this
occafion, nor defirous o f caufing the death o f an individual. The relations o f the
deceafed being then examined, gave a correfponding evidence, and raifed no doubts
in other refpeits to the truth o f the above depofition. In confideration, therefore,
hereof it appears that, although Sbe-fo-pao is guilty o f homicide by gun-firing, yet,
fince he was upon the watch over the fields, in the darknefs o f the night, and perceived
the fhadow of a man, whom he hailed, and from whom he received no anfwer,
and had in confequence apprehended the approach o f thieves or wild beafts, to prevent
which, he fired the gun that occafioned the wounds whereof the man is now
dead— It follows, that there did not exift any premeditated intention of murder.—
The a€t o f which Sbe-fo-pao ftands convicted may be, therefore, ranked under the article
o f homicide committed in an affray, and the fentence accordingly is, to be
ftrangled upon the next enfuing general execution or gaol delivery.
The above report' being tranfmitted to the fupreme criminal tribunal at Pekin,—
They rejoin,
That, on inveftigation of the laws we find it ordained, that homicide by gun-firing
(hall receive a fentence conformable to the law againft intentional murder; and that
the law againft intentional murder gives a fentence o f decapitation on the next enfuing
public execution, or gaol delivery. It is likewife found to be ordained by law,
that
their punifhment to that o f exile. Nothing can be more unjuft
and abfurd, however politic, than fuch a law ; abfurd, becaufe
it confiderà a non-entity capable of committing a crime ; and
unjuft,
that whoeve».ff.an unwarily draw a bow, and Ihoot an arrow towards Helds or tenements,
fo that any perfon unperceived therein {half be wounded, and die therefrom,
the offender (halt receive a hundred blows with the bamboo, and he bamlhed to the
dittance of three thoufiuid lys fnear a thoufand miles).
In the cafe now before us, She-fo-pao, being armed with a mulquet, goes to watch
the com, hears anoife in the fields, and calls albud, but, receiving no anfwer, fuf-
pefts it to proceed from thieves or wild beafts, and fires the gun,, by which Vang-
mna-man was wounded, and is. now dead- But in the depofition given in by the defendant,
the declaration that he faw the ihadow o f fome perfon does not accord
with the fufpicion afterwards exprcffed, that the noife arofe from wild beafts. If, in
truth, he diftinguiihed traces o f a man, at the time of his calling out, notw.thftand-
ins that the violence of the wind prevented his hearing the reply, Shc-fo-fao bad ocular
proof of the reality of the perfon from the ihadow he had feen. Continuing our in
veftigation, we have further to notice, that when Sh-fo-pao took his ftation in order to
Euard the middle ground, Vang-gnng-man-yns engaged in watching h.s fields in a i-
miiar manner, and would have occafion to go near the limits o f the middle ground
in his way to. his own farm* and which, could not be far removed from the path
leading to the middle ground ■, on which account it behoved SU-fo-pao to hail the
perfon repeatedly, previous to the firing o f the gun, whofe effed. would be mftanta-
I L s , and occafion the death of the unknown perfon from whom the. found pro-
" i i - ^ n o t having repeatedly hailed the perfon from, whom the
j-n u ; « and uroceeding to the laft extremity upon the firlt impulfe or alarm,
b o u n d s for fofpe^i^g that there exifts a fallacy and difguife in. the teftimony
cafe, a fentence conformable to the law againft horn,-
. S S S i a n affray, would afford a-punilhmeut unequahand inadequate to
t g S X S Z S l Z ^ in confirmation of Linftatement, t ^ f o
fields were according to the cuftom of the neighbouring v.llages, underftood
ded at that time tii the manner aforefaid, and that circumftance ouarded at that time m m s............................... ................ .......... prov„i„n„gr ethreune,-