China. Henry Arthur Blake

for her husband. She said that she could not. He begged her to think if there was any mark by which identification was possible, and after thinking for a time she answered "Yes," that she now remembered having remarked that he had lost a thumb. The father returned to the guest chamber and asked the B.A. for explanation of his wearing the son's shoe, for which he accounted by the statement that having occasion to go out during the night he had stumbled in crossing one of the courtyards and lost his shoe in the dark, and groping about had found and put on what he thought was his own. Upon examining his hands he was found to be minus a thumb. The father having no further doubt caused him to be forthwith arrested and taken before the prefect. The young man denied all knowledge of the murder, saying that he had a wife and child, was well off, and was a friend of the murdered bridegroom. He was put to the torture and under its pressure he confessed that he was the murderer. The body had been examined and the extent of the wound carefully measured and noted. Asked to say how he had disposed of the knife with which the murder had been committed, and what had become of the jewels, he professed his inability to say, though tortured to the last extremity. He was then beheaded. His uncle, however, and his widow would not believe in his guilt, and they presented to all the superior authorities in turn petitions against the action of the prefect, who ought not to have ordered the execution until corroborative proof of the confession had been secured by the production of the knife and the jewels, but the officials refused to listen to them. At length they appealed to the viceroy, who, seeing their persistence, concluded that there must be something in a belief that braved the gravest punishment by petitioning against a mandarin of prefect rank. He sent for the father and widow of the murdered man, who repeated the story, which seemed almost conclusive evidence of the young man's guilt. He asked the widow if she remembered from which hand the thumb was missing of the robber to whom she had given the jewels. She replied, "Yes, perfectly. It was the right." He then sent for the petitioning widow and asked her from which hand her husband had lost a thumb. She answered, "The left." Then recalling the father of the murdered man he bade him try to recollect if he had ever known any other man wanting a thumb. He said that there was such a man, a servant of his whom two years before he had dismissed for misconduct. Asked if he had noticed the dismissed man during the time of the wedding the answer was that he had, but he had not seen him since.

      The viceroy then had inquiry made, and the man was traced to another province, where he was living in affluence, with a good shop, etc. He was arrested, and under torture confessed the crime and told where he had concealed the knife and disposed of the jewels. The knife had a wide blade that coincided with the width of the wound, and a portion of the jewels were recovered, some having been pawned, some sold. The prefect was degraded and punished for culpable want of due care in having executed the man without securing complete proof by the production of the knife and the jewels.

      The case is curious as showing the danger that lurks in all cases of circumstantial evidence, and also, from a purely utilitarian point of view, the failure and success of the system of torture. It will always be to me a source of deep gratification that during my administration of the government of Hong Kong, in the case of two murderers surrendered from that colony and convicted after a fair trial and on reliable evidence, I induced the then viceroy to break through the immemorial custom, and have the criminals executed without the previous application of torture, though they refused to confess to the last. The precedent once made, this survival of barbarous times will no longer operate in cases of culprits surrendered from under the folds of the Union Jack, and awakening China may, I hope, in such matters of criminal practice soon find herself in line with the other civilized nations of the world, to the relief of cruel injustice and much human suffering.

      CHAPTER III

      In China the gradations of the social fabric as generally accepted are

      First. – The literati; for mind is superior to matter.

      Second. – The agriculturist; for he produces from the soil.

      Third. – The artisan; for he is a creator from the raw material.

      Fourth. – The merchant; for he is a distributor.

      Fifth. – The soldier; for he is but a destroyer.

      However superficially logical this division is, the Chinese have failed to realize that the army is an insurance and protection, wanting which all other classes may be destroyed; but the fallacy has had an unfortunate influence upon China, for until within a few years the various so-called armies were simply hordes of undisciplined men, whose officers were, as I have before said, sometimes robbers reprieved on account of supposed courage and given command of so-called soldiers. But this is now changed, and such armies as those of Yuan Shi Kai and Chang Chi Tung (viceroy at Hankow) are well disciplined and officered. This viceroy adopted an effective method of combating the contempt with which the army was regarded by the literati. He established a naval and agricultural college, and colleges for the teaching of geography, history, and mathematics, and formed all the students into a cadet corps. When I was in Hankow the viceroy invited me to see his army of eight thousand men, who were then on manœuvres in the neighbourhood, and on my arrival I was received by a guard of honour of one hundred of these cadets, whose smart turn-out and soldierly appearance impressed me very favourably. They were well clothed and well armed, as indeed were all the troops, whom I had an opportunity of inspecting during the manœuvres under the guidance of a German captain in the viceroy's service, who was told off to accompany me. I have no doubt that many of those cadets are now officers, and will tend to raise the character of the army.