"To counteract the chance of evil, I have intimated that the Simbock
Kunsi are to come here; and on the whole, they (of Sipang) have taken
it more quietly than I expected. They are not in a state for war;
but they have vague notions and intentions provided they can keep out
opposition, to make this place subservient to them, as it would indeed
be, provided they were allowed to strengthen themselves while the other
parties remained stationary. But 'divide and rule' is a good motto in
my case; and the Chinese have overlooked the difference between this
country and Sambas. There they have numerous rivers in the vicinity
of their settlements--here but one; and, the Dyak population being
against them, starvation would soon reduce them to terms. The Royalist
arrived about the end of March, and sailed again on the 9th April.
"I have before mentioned the difficulty of administering justice;
and experience teaches me that the risk to myself, on this score,
is more to be apprehended than on any other. The forms I have not
much alluded to; and the following is as nearly as possible the Malay
custom:--The rajah's brothers and myself sit at one end of the long
room in my house; at the sides are the Patingis and Tumangong, and
other respectable people; in the center the parties concerned; and,
behind them, anybody who wishes to be present. We hear both parties;
question, if necessary; and decide--and from this decision there is
no appeal. One only condition I insist upon; and that is, that in
any intricate case, or whenever I dread confederacy, I do not allow
the witnesses to hear each other. The laws of evidence, in a _free
country_, prohibit any leading questions being put to witnesses: here,
for the purposes of justice, it is indispensable; for the people, being
ruled by fear, and apprehensive of consequences, often falter before
the face of the accused, and their testimony has to be wrung from
them. To decide also according to the technicalities of construction
would be here ridiculous, and defeat the ends of justice. The people
are rude and uncivilized; their oppressors crafty and bold, who have
no hesitation about lying, and bringing others to lie for them. Oaths
are a farce to them. The aggrieved are timid, vacillating, and simple,
and cannot readily procure even necessary evidence; for their witnesses
are afraid to speak. Under these circumstances, I look at the leading
features of the case, the probability, the characters, the position of
parties, and determine according to my judgment. It is not, indeed,
a very difficult task; for the disputes are generally glaring, and,
when bolstered up, usually fail in their most important links; and
at a touch of cross-questioning, the witnesses, resolved to tell
the same story, fall into opposite ones. In one case, about a slave,
three witnesses had resolved on the sex; but, questioned separately
as to size and age, all disagreed. They were not prepared. One
Public-domain text, read in full here on John Shaqi.
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