All this, however, is clear enough to the East. Therefore they often
won't report their losses. They would sooner submit to the small
monetary loss than have it on their consciences that they have ruined a
man for life. And all for what? Not even to rescue what they have
lost, for the bullock is usually dead and eaten, and no compensation is
ever given.
The quantity of reported crime in Burma is bad enough, but what would
it be if all crimes were reported? Double, I should think. I have
known innumerable cases in my own experience where no report was made
even of serious offences for this reason. One was a case of attempted
murder.
Thus there is a great and dangerous gap between the people and the
Courts, and there is no way of bridging it. In England also there is
that gap, but it is not so wide, and there are juries who can partly
bridge it. In Burma, practically speaking, for Burmans trial by jury
does not exist. There is nothing between the accused and the rigid
injustice of the laws. The judge and the magistrate are helpless; they
must follow the law or be pulled up by the High Court. But a jury need
not give its reasons; its future does not depend on the Appellate
Court; it is independent, and therein lies its strength and its
usefulness. It is juries that put common sense into laws and Courts.
Here is a case in point where Europeans were concerned. There was a
certain big firm, and one day it discovered that it had lost certain
sums of money--not very large. It could not find out how the loss had
occurred; the partners inquired in secret, but could find no evidence.
However, they suspected their cashier. They knew he was hard up; they
heard he had been gambling. But they had no proof. What did they do?
Amend their system of accounts and supervision to prevent loss in the
future? No. They laid a trap. They put a large sum within their
cashier's reach in such a way that it would seem he could take it--at
any rate for a short time--with safety. He took it, and they
prosecuted him. The case, I think, was clear, but to the astonishment
of the judge, the jury acquitted the cashier. They gave no reasons, of
course, in Court. They simply said "Not guilty," and there was an end;
but once out of Court they were not so silent.
"Why did we acquit? Because the firm laid a trap. They deliberately
tempted him, knowing him to be hard up. He was not charged with taking
the first small sums, and in our belief he never took them. Probably
he took the last big sum. But why? Because they tempted him. The
firm were accessory, they were abettors of the crime. Of course we
acquitted."
Public-domain text, read in full here on John Shaqi.
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