Should a strict examination admit of this interpretation of the offence, the sentence may be awarded according to the law, immediately applicable to the subject, and not in conformity with the law against homicide committed in an affray. As the life or death of the offender rests on the preference to be shewn towards either of those expositions of the case, it is resolved to hold any immediate decision as premature, and we issue our directions to the said sub-viceroy to revise the prior decision; and, with the assistance of a renewed investigation, finally to determine and report to us the sentence which he may conceive most agreeable to the spirit of our laws. After a second investigation, and reconsideration of the affair, the sub-viceroy sent in the following report to the supreme tribunal: Pursuant to the order for revisal issued by the supreme criminal tribunal, _She-fo-pao_ has been again examined at the bar, and deposes, That on hearing a noise in the corn fields, he conceived it to proceed from thieves, and called out in consequence, but, receiving no answer, and finding the noise gradually to approach him, he then suspected it to have arisen from a wolf or tyger; and, in the alarm thus excited for his personal safety, had fired the gun, by which _Vang-yung-man_ had been mortally wounded; That, since the event happened in the second watch of the night, after the moon had set, and while clouds obscured the faint light of the stars, it was really a moment of impenetrable darkness; and that it was only at the distance of a few paces that he distinguished the approach of the sound that had alarmed him, but, in fact, had never seen any shadow or traces whatsoever; That he had perceived any traces or shadow of that description, he would not have ceased to call out, though he had failed to receive an answer the first time, nor would he have had the temerity to fire the gun, and render himself guilty of murder. That, on the preceding examination, the severity and rigour of the enquiry regarding the grounds upon which he suspected the approach of thieves, so as to induce him to fire, had overcome him with fear, being a countryman unused to similar proceedings, and produced the apparent incongruity in his deposition, but that the true meaning and intent was to express his absolute uncertainty whether the alarm arose from thieves or wild beasts and nothing farther, and that from such deposition he had never intentionally swerved in the course of the investigation. According, therefore, to the amendment suggested by the supreme tribunal, it appears indeed, that when the noise was first perceived in the fields, _She-fo-pao_ had called out, and on being prevented by the wind from hearing a reply, had taken alarm as aforesaid.