[24] Various accidents having happened at different times to Chinese subjects in the port of Canton, which have generally led to disagreeable discussions with the Chinese government, the supercargoes of the East India Company thought proper, on a late occasion of a person being wounded by a shot from a British ship of war, to make application for an extract from the criminal code of laws relating to homicide, in order to have the same translated into English, and made public. This extract consisted of the following articles:
1. A man who kills another on the supposition of theft, shall be strangled, according to the law of homicide committed in an affray.
2. A man who fires at another with a musquet, and kills him thereby, shall be beheaded, as in cases of wilful murder. If the sufferer be wounded, but not mortally, the offender shall be sent into exile.
3. A man who puts to death a criminal who had been apprehended, and made no resistance, shall be strangled, according to the law against homicide committed in an affray.
4. A man who falsely accuses an innocent person of theft (in cases of greatest criminality) is guilty of a capital offence; in all other cases the offenders, whether principals or accessaries, shall be sent into exile.
5. A man who wounds another unintentionally shall be tried according to the law respecting blows given in an affray, and the punishment rendered more or less severe, according to the degree of injury sustained.
6. A man who, intoxicated with liquor, commits outrages against the laws, shall be exiled to a desert country, there to remain in a state of servitude.
In this clear and decisive manner are punishments awarded for every class of crimes committed in society; and it was communicated to the English factory from the viceroy, that on no consideration was it left in the breast of the judge to extenuate or to exaggerate the sentence, whatever might be the rank, character, or station of the delinquent.
[25] The following law case, which is literally translated, from a volume of reports of trials, published in the present reign of Kia-King, and with which I have been favoured by a friend (who was himself the translator), will serve to shew the mode of proceeding in criminal matters of the provincial courts of judicature. The circumstances of the transaction appear to have been enquired into fairly and impartially, and no pains spared to ascertain the exact degree of criminality. Being given to me about the time when the trial took place of Smith, for the murder of the supposed Hammersmith ghost, I was forcibly struck with the remarkable coincidence of the two cases, and with the almost identical defence set up by the Chinese and the English prisoners, and on that account it excited more interest than perhaps it might otherwise be considered to be entitled to.
Translation of an Extract from a Collection of Chinese Law Reports, being the Trial, Appeal, and Sentence upon an Indictment for Homicide by Gun firing.