[25] The following law case, which is literally translated, from a volume of reports of trials, published in the present reign of _Kia-King_, and with which I have been favoured by a friend (who was himself the translator), will serve to shew the mode of proceeding in criminal matters of the provincial courts of judicature. The circumstances of the transaction appear to have been enquired into fairly and impartially, and no pains spared to ascertain the exact degree of criminality. Being given to me about the time when the trial took place of Smith, for the murder of the supposed _Hammersmith ghost_, I was forcibly struck with the remarkable coincidence of the two cases, and with the almost identical defence set up by the Chinese and the English prisoners, and on that account it excited more interest than perhaps it might otherwise be considered to be entitled to.
_Translation of an Extract from a Collection of Chinese Law Reports, being the Trial, Appeal, and Sentence upon an Indictment for Homicide by Gun firing._
At a criminal court held in the province of Fo-kien, upon an indictment for shooting, and mortally wounding a relation; setting forth, that _She-fo-pao_, native of the city of _Fo-ngan-sien_, did fire a gun, and by mischance, wound _Vang-yung-man_, so that he died thereof.
The case was originally reported, as follows, by _Vu-se-Kung_, sub-viceroy of the province of Fo-kien:
The accused _She-fo-pao_, and the deceased _Vang-yung-man_, were of different families, but connected by marriage, were well known to each other, and there had always been a good understanding between them.
In the course of the first moon, of the 25th year of _Kien-long_, _She-fo-pao_ cultivated a farm on the brow of a hill belonging to _Chin-se-kien_, and which lay in the vicinity of certain lands cultivated by _Vang-yung-man_ and _Vang-ky-hao_, inasmuch as that the fields of _Vang-yung-man_ lay on the left of those of _She-fo-pao_, which were in the center, and those of _Vang-ky-hao_ on the right side of the declivity of the hill. It occurred that on the 7th day of the 9th moon of the same year, _She-fo-pao_ observing the corn in his fields to be nearly ripe, was apprehensive that thieves might find an opportunity of stealing the grain; and being aware, at the same time, of the danger which existed on those hills from wolves and tygers, armed himself with a musquet, and went that night alone to the spot, in order to watch the corn, and seated himself in a convenient place on the side of the hill. It happened that _Vang-ky-hao_ went that day to the house of _Vang-yung-man_, in order that they might go together to keep watch over the corn in their respective fields. However _Vang-yung-tong_ the elder brother of _Vang-yung-man_, conceiving it to be yet early, detained them to drink tea, and smoke tobacco until the second watch[26] of the night, when they parted from him, and proceeded on their expedition, provided with large sticks for defence.