At a criminal court held in the province of Fo-kien, upon an indictment for shooting, and mortally wounding a relation; setting forth, that She-fo-pao, native of the city of Fo-ngan-sien, did fire a gun, and by mischance, wound Vang-yung-man, so that he died thereof.
The case was originally reported, as follows, by Vu-se-Kung, sub-viceroy of the province of Fo-kien:
The accused She-fo-pao, and the deceased Vang-yung-man, were of different families, but connected by marriage, were well known to each other, and there had always been a good understanding between them.
In the course of the first moon, of the 25th year of Kien-long, She-fo-pao cultivated a farm on the brow of a hill belonging to Chin-se-kien, and which lay in the vicinity of certain lands cultivated by Vang-yung-man and Vang-ky-hao, inasmuch as that the fields of Vang-yung-man lay on the left of those of She-fo-pao, which were in the center, and those of Vang-ky-hao on the right side of the declivity of the hill. It occurred that on the 7th day of the 9th moon of the same year, She-fo-pao observing the corn in his fields to be nearly ripe, was apprehensive that thieves might find an opportunity of stealing the grain; and being aware, at the same time, of the danger which existed on those hills from wolves and tygers, armed himself with a musquet, and went that night alone to the spot, in order to watch the corn, and seated himself in a convenient place on the side of the hill. It happened that Vang-ky-hao went that day to the house of Vang-yung-man, in order that they might go together to keep watch over the corn in their respective fields. However Vang-yung-tong the elder brother of Vang-yung-man, conceiving it to be yet early, detained them to drink tea, and smoke tobacco until the second watch[26] of the night, when they parted from him, and proceeded on their expedition, provided with large sticks for defence.
Vang-ky-hao having occasion to stop for a short time upon the road, the other Vang-yung-man went on before, until he reached the boundary of the fields watched by She-fo-pao.
She-fo-pao, on hearing a rustling noise among the corn, and perceiving the shadow of a person through the obscurity of the night, immediately hailed him, but the wind blowing very fresh, he did not hear any reply. She-fo-pao then took alarm, on the suspicion that the sound proceeded from thieves, or else from wild beasts, and lighting the match-lock, which he held in his hand, fired it off, in order to repel the invaders whoever they might be.
Vang-yung-man was wounded by the shot in the head, cheeks, neck, and shoulder, and instantly fell to the ground. Vang-ky-hao hearing the explosion, hastened forward, and called aloud to enquire who had fired the gun. The other heard the voice, and going to the place from whence it proceeded, then learned whom he had wounded by the mischance. The wounds of Vang-yung-man being mortal, he expired after a very short interval of time had elapsed.
She-fo-pao, being repeatedly examined by the magistrate, acknowledged the fact without reserve, and, upon the strictest investigation and enquiry being entered upon, deposed, That it was really during the obscurity of the night that he had ascended the hill, in order to watch the corn, and on hearing a noise proceed from a quarter of the field that was extremely dark, and in which the shadow of some person was discernable, he had called out, but received no answer:—That the suspicion then arose in his mind, that they were either thieves or wild beasts, and alarmed him for the security of his person, being then entirely alone, he therefore fired the gun to repel the danger, and wounded Vang-yung-man by mischance, so that he afterwards died.
That he, the deponent, was not actuated by any other motive or intention on this occasion, nor desirous of causing the death of an individual. The relations of the deceased being then examined, give a corresponding evidence, and raised no doubts in other respects to the truth of the above deposition. In consideration, therefore, hereof it appears that, although She-fo-pao is guilty of homicide by gun-firing, yet, since he was upon the watch over the fields, in the darkness of the night, and perceived the shadow of a man, whom he hailed, and from whom he received no answer, and had in consequence apprehended the approach of thieves or wild beasts, to prevent which, he fired the gun that occasioned the wounds whereof the man is now dead—It follows, that there did not exist any premeditated intention of murder.—The act of which She-fo-pao stands convicted may be, therefore, ranked under the article of homicide committed in an affray, and the sentence accordingly is, to be strangled upon the next ensuing general execution or gaol delivery.
The above report being transmitted to the supreme criminal tribunal at Pekin,—They rejoin,