Travels in China, Containing Descriptions, Observations, and Comparisons, Made and Collected in the Course of a Short Residence at the Imperial Palace of Yuen-Min-Yuen, and on a Subsequent Journey through the Country from Pekin to CantonBarrow, John, Sir
History
Travels in China, Containing Descriptions, Observations, and Comparisons, Made and Collected in the Course of a Short Residence at the Imperial Palace of Yuen-Min-Yuen, and on a Subsequent Journey through the Country from Pekin to Canton
Barrow, John, Sir
China -- Description and travel
_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,
That, on investigation of the laws we find it ordained, that homicide by
gun-firing shall receive a sentence conformable to the law against
intentional murder; and that the law against intentional murder gives a
sentence of decapitation on the next ensuing public execution, or gaol
delivery. It is likewise found to be ordained by law, that whoever shall
unwarily draw a bow, and shoot an arrow towards fields or tenements, so
that any person unperceived therein shall be wounded, and die therefrom,
the offender shall receive a hundred blows with the bamboo, and be
banished to the distance of three thousands lys (near a thousand miles).
Public-domain text, read in full here on John Shaqi.
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