The following despateh has been sent by Mr. Yuan, District Magistrate of Shanghai, to Mr. Tsuruhara, Japanese Consul Si,—We have already held 16 together in the case of the cutti and killing of the Chinese Chen Kuan-fu by the Japanese subjects Fukihara, Omoto und others, and the main facts of this ease have been sufficiently elicited, At our interview yesterday xt your office you expressed yourself to the effect that two bf these men should receive severe purus! ment, but that three would have to be discharged, as there seemed no case made out against them, You algo stated that the men tu be punished would have to be sent to be sentenced,—-to what punishment you did not statey—as the gravity of the case removed it from your ower of pronouncing judgment, According to Art, XID of the Treaty of 1871, offenders, if at a port, should be tried by the local authority and the Consul together. There is nothing in the Treaty tout sending them to Nagasaki for setitence, 'The words used, shen par include buth trial and sentence.' You adduce the words from the same clause, if any subject of either power connect himself at any of the open ports with lawless offenders for purposes of robbery or other wre doing, or if any work' his way into the interior and commit acts of incendiarism, murder, or robbery," and you hold that unless the offender has committed all these offences he cannot be tried by the local authority and the Consul together," which latter words you tay cannot be take apart from the whole context." I this view of yours be correct, then a person who alone committed murder, or committed murder without incendiarism, or incen-charism without robbery, would not come under the provisions of this clause for trial by a Mixed Court, Again, you adduce Art. VIL as the proper clause under which to deal with this case; but in the first place, this is no dispute about money or property," and in the second place, even iF it were, under it you would be bound to "write officially to the local authority, and in concert with him fairly try the case and decide it."
You refer to the precedent of the Japanese Fuh Pen-cheng (7) cutting down and killing the Chinese Hit Ch'un-fu, us a case sent to Nagasaki for trial. But Hu Ch'un-fu was a thief, released from the Police -prison, who was robbing the Japanese of his property and was cut down by him in the act of resisting capture.
Such an act is very different from the' that these blows were struck in self-defence slaughter of a respectable man in the heart But the case is different altogether. Not of the city by Fokuhara and his com-la man pursued them into their lodgingpanions. The Viceroy protested, it must! house. On the contrary, it was they also be remembered, at the time against who having made their' preparations i the manner in which' the Japanese autho- concert in their house, issued from it, tities dealt with that ease as contrary to and went as far as. th to the east Treaty, and demanded that the Japanese where they met Eh led hin, The should' be sent back for trial at Shanghai numerous mortal blows on his head prove the by a joint, or "mixed," Court. nature of the attack tuo elvarly for doubt.
The main this case are as follows, In this. preliminary enquiry you have ex-Ow the night of the 27th of the Sth moon pressed your pinion that there is indubit-(2 months age). Omoto, Fukuhara, and able proof of the death of Ch'én having Narasaki escorted a Japanese friend, Kung; been caused by Fukuhara and Omoto; but Tsun Shang (2) out of the City, and on Narasuki's clothes were stained with blood, their return to their lodging passed by Chen and he said that though he was struck by Kuan-fu's door. The dog hearing the some persons no blood was drawn by the noise of leather bouts, began to bark loudly, blows which he received. It is evident and the three Japanese, enraged, tried to therefore from the stains on his clothes force their way into the house to pick a that he was one of the men who killed quarrel. The wife of Chen Kuan-fu stood Chen Kuan-fu. Afterwards he went out in the ducrway and tried to keep them out, with a revolver and fired some shots, con-when Omoto struck her some violent blows duct in itself deserving of punishment.
the body and head with a stick, throw. You state that you have no authority her down and making her scream with from your Goverment, to. pronounce sen pain. Her son, Ah Kino, hearing his other {tence in a exse of this importance, and ery out, tried to come to her assistance, therefore that it mus: be referred to Japan, when Narasaki dragged the boy into the But although ina purely Japanese case no street, and with Omoto and the other began ubi could be raised Ly us, yet in an to beat him cruelly, About 20 or 30 peo- international ease ike this, the Governple were sitting out of doors trying to get ment, which has given you nu authority cool, the weather being very hot. Some ty pronounce judgment in a purely of these came to see what was going Japanese cave, has expressly stipulated by ani tried to get the Japanese to /a solemn treaty, signed by the desist, but were attacked in their turn ut your and of ours, that by them, and a fight began, The boy was be jointly held and judyment pronounced still being dragged away by the Japan in the price where the crime has been when hearing the noise of many pee committed. Were the Chi thorities, approaching from the other direction, the supposing the case re north, they let him go, and returned to Chinese murderer tu China for trial after a their Iodsing, Mr. Fung's house. The preliminary i ion in Japan, there people had dispersed, and all might have be little 1 the view taken by. been quiet again, but the Jap mese niust the Japanese authorities would be very have had murder in their hearts, for they different from that which you have ex-soon armed themselves with swords and pressed. sallied out again. Omete in his evidence Tuete is another objection, and a very said, When we got back to our lod grave one to the course suggested by yun, Laid, let us got rowly at once." Again, The perjuries of Fukuhara and Oinuto said to Fukuhara and aki, we [during the trial here have been patent to must all get realy." Tt is evident they all who were present at aki isa were plan ni murderous attack, ug way off, and the relations of the same matt 6 Lknow the house where murdered un and the witnesses are all they set th after me. It is the ear-pour people, who would with ditliculty penter's at Kumg Fu temple, and the undertake such a voyage, It is to be house opposite." He said also, "T think apprehended that the judge of the Suibanthe dog set after us to-night comes from sto in Japan, hearing only the suiteurents the same house as before." This evidence of the accused, unchecked by contradictory points to an old quarrel, a long-standir evidence,—unloved by the sad spectacle grudge. Fukuliara had a sword-stick, and of an inquest like that which we have held, Onto was armed with a sword, whet—may deal with it as the case of Hil they rushed our again. They rushed out Ch'un-fu was dealt with at Nagasaki before, ran to under the lamp In the street and dismiss it, lying east of Mr. Fung's ladying For these reasons, I have to request where they killed Chen Kuan-fu with you to detain Owotv, Fukuhara, and repeated sword blows, Next day the at Shanghai, and to name a Mixed Court Magistrate, Mr, cand giving of judy. I, proceeded tw t def in Jagan, Japanese doctor, an A have the honour to the body of the slain man, There w: receipt of your letter informing a sword cut on the crown of the head sullime that Fukulaa and Oueto state that cient to cause death The left brow had three parallel cuts each of mortal severity, temple had three wounds to There seine wooden or blunt both shoulders, and the ch hand bore an incised we The left si the trunk bore the mark of a blow: suttici to cause death, and the brain was cut into at the back of the head.
There were two deep cuts in the body. Blood had poured from all of the wounds, Phe swords seized were such as would have inflicted these wounds. Fukuhara cou-fessed that the larger sword was his, and oto that the pointed weapon (sword-was his, Moreover both these wea-ined with blood, and Omoto's clothes which he had worn, coat, trousers and waist-band, were bloody also.
Ifa few even mortal blows had been struck by the Japanese against people who were pursuing them into their own lodging in consequence of their aggression, there would be sume ground perhaps for alleging they have lost a hat, " revolver, " wap, a waist-band, an account-book, and 60 or 70 cents in si My runvets report that they know nothing of the hat, ete, and I cannot believe that they would take property that did not belong to them. It is now too late to make further enquiries. As for the sword-stick and revolver which the men Narasaki and Arakawa asked to be returned to them, these will be returned after the sentence is pronounced. I return your judgment in the preliminary enquiry, and have the honour ty request that you will send me an intimation of the day fixed for pronouncing sentence, Later note.—Please return to me we be copied, deposition of Arakawa taken by Mr. Fung, which I handed you in person. I will then send it you with the depositions written by Narasaki and others which are in my hands.
Abridged from Siéupuo, Ist Sept, 1891,
Text read from the printed page and cleaned; old type leaves the occasional error.