In the Provisional Court on Thursday, before Judge Tseng and the Senior Consul's Deputy, Mr, van-den-Derg, three Chinese cool Sung Kei-Dong, Wong Ah-ryi, and Wong Ah-san, were sentenced penal servitude for life on eleven charges. Against them wore 15 charges of armed highway robbery, two charges of attempted murder and one charge of murder. An emphatic protest was made by the Senior Consul's Deputy who complained that the sentences were too light and, as will be seen, entered at length into the interpretation of the law in regard to such cases fas recently decided by the Supreme Court at Nanking.
It is worth while here to trace the trial of these men from the date of their arrest. arrested on May 26, appeared in the Provi the next day. The o was "that they did at 10 p.m. on May 26, on Wayside Road by means. of armed violence, rob and steal from the person of complainant certain property. Purther that they returned from sentences of expulsion dated November 24, 1926 and May 5, 1921."
The complainant at the first hearing, said that he was walking slong Wayside Road and was accosted by the. three accused.
we of the accused had knives and they stole my clothing and all the money in my possession. The first necused pulled me on to a pice of- waste ground and the second accused robbed me while the third man told me not to make a noise. I reported the matter to the police, as a result of which the three necused were arrested and I later Hlentifed them," concluded the STpe frst sessed ssid he was. only following behind. the: other two. The second accused. admitted the robbery and the third said that-he did not steal anything from the complainant. Between them, they had eleven previous convictions against them. At. this hearing Judge Ziar heard the cas® and was accompanied on the bench by Deputy Meinhardt. All three accused were sentenced to 15 years imprisonment and the expulsion order was to be enforced.
The Crimes Admitted 1927, the three accused were again brought. before the Court, this time before Judge ing Pian and Deputy: Ramondino. The police informed the Court that: since the trial and sentences passed in May, 18 cases of armed highway robbery, two cases' of attempted murder and one of murder had been traced to the three accused and accordingly they stood -charged on all these counts. Further, the three accused were also concerned with three others in an attempt to escape from the ells at Wayside Police Station. In the murder charge, the accused held up a Chinese-on March 29, on Dent Road and when the tim resisted. they stabbed him with knife and later' he died. Statements were made by the accused admitting participation in the crimes, and a considerable amount of property, pawned by th? Accused, was recovered. The case was remanded.
On February 3 this year, the accused were. again before' the Court and on this occasion Judge 'Tseng and Deputy Stevens were on the bench. MrT, K. Ting, appointed by the Court, appeared for accused. Evidence' was given by all three accused who admitted complicity in certain of the crimes committed, and they were remanded for judgment, Yesterday they were brought before the same Judge and the Senior Consul's Deputy, Mr. Van-den-Berg, and, as before stated, were found guilty on eleven charges and sentenced to imprisonment for life, whereupon Mr. Van-den-Berg entered the following protest on the change sheet:—
The-Deputy's Protest object: most strongly. to these sentences as being too light and contrary to the Provisional Regulations relating to. suppression of robbery, Insurgency and brigandage (he so-called new Bandit Law) Art. 1, See. 13, which provides for the death penalty in cases of this nature. This new Bandit Law was apparently enacted by the Provineial Government in order to crimes, which have int in Shanghai and for which an adequate punishment Inits been provided by. the Chinese Provisional Criminal Code. Art. 1, See, 18 of the new Bandit Law says "Whoever commits any of the following offences shall be punished with death: persona gathering together to commit armed robbery.
Now here 15 changes of armed highway robbery, two charges of attempted murder and one charge of murder are preferred againat these three accused, on 11 of which they have been "proved guilty. Now they are sentenced under Art. 78 of the ©. P.-C. C. to penal servitude for life instead of being sentenced to death under Art. 1, Sec, 13 of the Bandit Law, appears that the Jadges of the Shanghai Provisional Court have submitted questions to the Supreme Court at Nanking as to the interpretation of the words "persons gathering together," because they felt reluctant to inflict the death penalty on robbers who acted together in a gang of three or more Persons. The Supreme Court. at Nanking counting among its members a former jude of the Shang-Provisional Court who might be in a position to know conditions gathering such a crowd (and here they use the same word "chung" again) as is capable of increasing its number from time to time, The mere joining into a group of three or more persons cannot be regardeil as "chu chung."
Text read from the printed page and cleaned; old type leaves the occasional error.