Lion and Dragon in Northern China

by Sir Reginald Fleming Johnston

The foreigner who wished to prove that the Chinese are liars might find abundant proof ready to his hand in the false evidence that is given every day in the Weihaiwei courts. Yet the longer and oftener he watched and listened to Chinese litigants and witnesses, the less satisfied would he become as to the reliability of his "proof." The English magistrate finds that as time goes on he becomes less and less likely to be deceived or led astray about any material point owing to the direct misstatements of witnesses. It is not so much that he "sees through" them as that he understands their points of view. To say that in due time he will be totally free from any liability to be misled would, of course, be to claim for him infallibility or omniscience; but there is no doubt that as his knowledge and experience of Chinese character grows, the less ready will he be to label the Chinese crudely as "liars." For the native magistrate, who knows without special training his countrymen's character and their peculiarities of thought and speech, it is, of course, much easier than it is for the European to detect the element of truth that lies embedded in the absurd and inaccurate statements made before him in court. To say that even a Chinese magistrate can always be sure when a man is speaking the truth would certainly be ridiculous; there are accomplished liars in China as in Europe, just as there are forgers so skilful that they can deceive experts in handwriting; but he is at least able to make allowances for inaccuracy and hyperbole which, though they may deceive the foreigner, will not deceive the native, and should not therefore be condemned as deliberate falsehood.

Instances of these exaggerations and misstatements occur every day throughout China and in Weihaiwei. If A wants redress against B, who has removed a landmark and encroached upon his land, he will probably add, in his petition, that B is the author of deep villainies, a truculent and masterful dare-devil, and a plotter of conspiracies against the public welfare. One such petition contained remarks which I translate almost word for word. "After I had discovered that he had stolen some of my land I went to his house and tried to reason with him in a persuasive manner. He refused to listen, and reviled me in the most shocking terms. He then seized my mother and my children and beat them too. They are covered with wounds and unable to stand; in fact, they are barely alive. So I had no resort but to approach the magistrate and ask him to enquire into the matter so that the water may fall and the rocks appear (that is, the truth will be made manifest), justice will be done to the afflicted and the cause of the humble vindicated, and the gratitude of your petitioner and his descendants will be without limit." The real point at issue was the disputed ownership of the land. No physical wounds had been inflicted upon any member of the family, and no fighting had taken place; but hard words had been freely bandied about, and the female members of the family, as so very frequently occurs in China, had shrieked themselves into a paroxysm of rage which had left them exhausted and voiceless. To have taken the good man at his word with regard to the assault, and to have called upon him to produce evidence thereof, would have caused him pain and astonishment. All he wanted to do was to make out that his opponent was a rascal, and was therefore the kind of person who might naturally be expected to filch people's land.

But how, it may be asked, is the magistrate to know which is the true accusation and which is the false one? There are many indications to guide him, and a short cross-examination should elicit the true facts very quickly, even if the wording of the petition itself were not sufficient. In this particular instance it need only be pointed out that had a murderous assault really taken place, the victims would certainly have been brought to the court for a magisterial inspection of their wounds. Had they been unable to move they would have been carried in litters. That the wounds in an assault case should be shown to the magistrate as soon as possible after the occurrence is regarded as very necessary—and naturally so, considering how little value could be attached, in the present state of medical and surgical knowledge in China, to the evidence of a native doctor. Sometimes the court is invaded by a wild-looking creature with torn clothes and matted hair, who, judging from the blood on his face and head, must be covered with hideous gashes and gaping wounds. He begins to blurt out accusations of brutal assault against his neighbour; but before allowing him to pour forth his tale of woe, a wise magistrate will require him to be removed and well combed and washed. In all probability he will come back a new man, the picture of good health, and free from stain or bruise; and if he is asked to show his wounds, he will point to a long-healed scar, or a birth-mark, or some slight scratch that might have been, and quite possibly was, inflicted by his neighbour's wife's finger-nails. Then, not in the least degree abashed, he will proceed to tell the tale of his real woes, and will make no further reference to the little matter of his physical ill-treatment.

The causes of litigation in Weihaiwei are endless, but a large proportion of the cases are the results of more or less trivial family quarrels. When a father has resigned the family property into his sons' hands and becomes dependent on them for support, he ceases to be the active head of the family. He must of course continue to be treated with obedience and respect, and very few fathers in China have any real cause to accuse a son of unfilial behaviour. But very old men, in China and elsewhere, often become petulant and hard to please, and it is they who, perhaps in a fit of temper, are the most likely to bring actions against their sons and daughters-in-law. An apparently crazy old man came to me with this story. "I am ninety-two years old. My son Li Kuei is undutiful. He won't feed me. I have no teeth, and therefore have to eat soft things, and his wife won't cook them for me." The facts (easily ascertained by the court) were that the old man's digestive powers were failing, and that being unable to assimilate even the softest of food, he erroneously fancied himself to be ill-treated. Having discovered that he had several nephews who were ready to protect him in the case of any real grievance, I informed him that out of consideration for extreme old age the court could not allow people of over ninety years old to prosecute their suits in person when they had relatives to do it for them. But if the poor man had lost his teeth, it was clear that the court had erred in supposing that he had also lost his wits; for after acquiescing in the ninety-year rule and going away without a murmur, he reappeared two days later and explained that he had made a stupid mistake about his age: he was not ninety-two, but only eighty-eight.

The next case chosen as typical of Weihaiwei deals with a quarrel between a woman and her male cousin. "I have two houses," said the man. "I mortgaged one of them to my cousin (a woman), but subsequently redeemed it. Then I went to sea for several years. On coming home this year I found that she had treated the house as if it were her own, though I had long since redeemed it. She had also annexed some of my furniture. I told the headman. The headman said I had better let my cousin have her own way for the sake of keeping the peace. I agreed. But I have a nephew to whom I want to give the house. My cousin refuses to let him take possession." The difficulty about the house was duly settled by the court, but a few days later the plaintiff returned with further complaints. "I have now nothing to say against my cousin," he said, "except that she has stolen some more of my furniture—my cooking-pot, to be precise—and has torn down some of the thatch of my roof to light her fire with. She also reviles me in public and in private. I do not want her to be severely punished, but I should like her to be admonished by the magistrate."

Serious cases very frequently arise out of the most trumpery quarrels and differences of opinion between one villager and another. If men only are concerned in such a quarrel their own good sense, or that of their neighbours, usually prevents the matter from going to extremes, but if women are concerned, cases of homicide or suicide are sometimes the outcome. The question of the ownership of a few blocks of stone was the origin of a quarrel that might easily have had a tragic ending. The plaintiff's statement in court was as follows: "I accuse Chiang Tê-jang of beating my wife and myself. At sunset I went home and found that defendant had beaten my wife. I went to his house, and he met me at the door. I reasoned with him, and said that if my wife had given any cause of complaint he should have told me about it. He replied that my wife deserved a beating. I asked him why he didn't beat me instead, whereupon he at once took me at my word and thrashed me soundly." In reply to questions he went on: "I did not strike him back, as I would not be guilty of a breach of the peace, and thereby appear to be holding the law in contempt. After I had been beaten I went home. My wife told me the defendant had beaten her because she refused to let him take away some stone from our backyard. The stone belonged to me." In answer to this the defendant stated: "I never struck plaintiff or his wife. The stone is my own. Plaintiff's wife was fighting with my mother, and my mother scratched her face. My mother got the worst of the fight. She is lying in a basket outside the court, as she is unable to move. I brought her here to have her wounds inspected by the magistrate."

The more intelligent members of the Chinese community of Weihaiwei soon discovered, after the arrival of the foreigners, that the British system of administration and of dealing with civil suits in the Courts differed from that of China in nothing so conspicuously as in the absence of "squeezes" and the ease with which the magistrate could be directly approached by the poorest litigant. There are always large numbers, however, who are afraid to bring their plaints direct to the court, either from a fear that they will be prevented by the police or other native employees of the Government from gaining the foreign magistrate's ear, or because they dare not openly bring a lawsuit or make accusations against some influential person or family in their own village. For the benefit of such timid individuals I long ago set up, on the roadside in the neighbourhood of the South Division court, a locked letter-box for the reception of any and every description of petition or memorial which the writers for some reason or other preferred not to bring openly to the court. Into this box, the contents of which are examined by myself alone, petitions of various kinds are dropped almost daily: and though a large majority are anonymous denunciations of the private enemies of the writers, and are immediately destroyed, a considerable number have led to some discoveries of great value from the administrative point of view, and have sometimes greatly facilitated the labours of the court in ascertaining the rights and wrongs of pending cases.

If the petition-box served no other good purpose it would still be useful as throwing interesting lights on certain aspects of the character of the people. The petitions received through this medium are so heterogeneous that it is difficult to select a typical specimen for purposes of illustration; but the following translation of a document recently found in the petition-box may give some idea of the characteristic features of a large class.

"Your Honour's nameless petitioner humbly exposes the evil deeds of a brutal robber who is headman of the village of ——. He and his son ill-treat the people shamelessly. At ploughing time he continually encroaches upon his neighbours' lands, and if they question him on the matter his mouth pours forth a torrent of evil words and he reviles them without ceasing. He says, 'I am the headman of this village and a person of importance. As for this trifling matter of your boundaries, I will treat you exactly as I please, for you are all my inferiors.' On other occasions he says, 'My family is wealthy; I have one hundred and thirty odd mu of land. In my house I have silver heaped up like a mountain.' In our village there is a right-of-way to the well, which is situated on a slope at the edge of his land; but he has forbidden us to use this path any longer. In our village there is also an old temple called the T'ai-p'ing An, and there is an ancient right-of-way to it for the use of people who wish to burn incense at the shrines. This path also he has blocked up. He declares that the spirits of the dead may use this road, but he will not allow living men to use it. Further, he says, 'If any one in the village refuses to obey me, let him beware! I am headman and have great influence, and if I were to fall upon you it would be as though the sacred mountain of T'ai were to fall and crush you.'

"Sometimes, also, he tells us that he will have us taken to the Magistrate's yamên for punishment. Thus we poor petitioners are afraid to put our names to this memorial. But we earnestly beg the Clear-as-Heaven Magistrate to enquire into this man's conduct and have him severely punished. Degrade him from the position of headman; lock him up in gaol for several years; inflict a fine of several thousand dollars upon him—he has plenty of money in his house. Thus will the people be made happy at last, and your petitioners' gratitude will endure through all ages to come. We implore the Clear-as-Heaven venerable Magistrate quickly to make investigations and to inflict punishment, and thus save the people and release them from their woes. Then not only through Weihaiwei will his fame roll like thunder, but the people who live in Chinese territory will all come to know how god-like are his judgments, and his reputation will shine with the combined brilliance of sun, moon and stars."