Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1895-01-16
The Correspondence Concerning Them
Given to the United States
THEY WERE UNDOUBTEDLY SPIES
They Had in Their Possession
Documents Which Would In
criminate Them in Time of War.
The United States Had No Au-
thority to Hold Them After a
Demand for Them was Made by
China.

japanese spies together with a letter
from the Secretary of State in which II
is stated that the American consuls had
no authority to protect japanese 10
China except so far as using their good
offices when occasion demanded.
1t was already stated TO Min
ister DENLY by Minister OF
Foreign Affairs Mutsu that during the
progress of war Chinese subjects in
Jauan must be direct in the jurisdic-
tion Of Japanese courts and military
authorities, and that treaty provisions
TO the contrary were necessarily aOro-
gated by the war situation. This, OF
course, carried with il the status OF
Japanese subjects in China. The let
ter further states that there is scarcely
any doubt the supposed students were
spies.
He continues as follows: sat the
solicitation of Japan, our agents in
China were instructed to exercise their
unofficial good offices in behalf of
japanese subjects in China on all prop
ar occasions, and TO the full extent
allowed by International law and upon
a similar request from China, our agents
in japan were instructed TO afford pro-
lection to Chinese subjects IN japan In
like maCner. This comprises the eX-
tent OF the understanding relative to
protection OF japanese 10 China.
"On the 18th Of August the Chinese
Minister at this capital comp planned to
the undersigned that the United States
Consul at Shanghai was protecting Two
japanese spies, who had been arrested
in that city, and whose surrender was
demanded by the Chinese authorities.
After proper inquiry the demand was
recognized as lawful and the men were
ordered to be given up. This was not
done, however, without proper measures
being taken 10 prevent precipitSte or
summary action by the Chinese author
tiles. The undersigned at the same
time requested there was no authority
TO demand it), that the accused men
might not be tried until the return or
Minister DENLY, TO Pekine' IL oelng
supposed that this would afford opportu-
nifty for investigation and delloeration.
The Chinese Minister at once promised
compliance and subsequently Informed
the undersigned that his Government
had acceded TO the request, without
questioning the lawfulness OF the SEN
tence under the laws of war, the under
signed regrets to say that the men
were executed about six weeks after
their surrender out before the return OF
Colonel Denby to China. Special
attention is invited TO the
correspondence on this subject.
That the prisoners were not boys, but
men and spies in the service OF Japan,
there is small, If any room for DOUBT.
Mr.. Jornigen, our consul generaI at
Shanghai, says that when the men we're
arrested "plans were found on them,
and that 1.-THE accusing papers are
safe" And speaking on the same subject
in a slater report, Mr.. Jornigan says:
Some papers found in their possession
would naturally, in state OF war,
create a suspicion tending to support
the charge"
"The Chinese minister claims that
besides the evidence of guilt found In
their possession when arrested, the
prisoners admitted, without torture,
that they had employed by their gov
ernment to obtain and forward by tele-
graph and otherwise, information USE
full in conducting military operations
against China, and they had
been engaged 10 that busi-
ness. 1t will not be said
by anyone, after reading the accompa-
nying spondence, that Mr. Jorni-
gan is biased in the slightest degree in
favor of the Chinese authorities and In
a report, dated November 2, he says:
"The TWO alleged spies were not exc
cuted as soon as handed over,
but their cases were under lnves-
tigation for nearly SIX weeks and
lam now assured that there was no un-
fairness practiced against them during
the investigation. And in a still later
renort he states that "a letter from an
intelligent foreign resident at Marking,
where the two japanese were executed,
discredit the reports OF their torture.
Other letters from the same gentleman
have oroyed so accurate that l am dis
posed to accept the reported torture as
without substantial proof. The Chi
uese Government denies that the men
were nut TO death after being tor
tured,' and the department Is not ad-
vised that they were tortured.
"Spying in time OF war is purely
military offense, not cognizabIe by civil
tribunals, aud TO have held the accused
against the demand of the Chinese gov
ernment. either for trial by our consul
general or before mixed tribunal OF
foreign and Chinese officials would have
been inconsistent with our assumed at
titude of neutrality.
Mr. Jornigau, in explaining his con-
Duct in receiving the students, SAID:
"Some of the papers found in the pos
session OF the Jspanes would natural
iy, in the state Of war now existing
create a suspicion of character tend
ing to support the alleged
charge, but they state that
tbay had been students In
Shanghai for several years, wearing
Chinese clothes, giving the name OF the
school. the teacher, the place OF their
lodcing with other facts that give to
their statement minuteness which
more than raises reasonable doubt In
their fvvor.
He saws the students are mere school
hovs He also says in later despatch
tnat their papers were such as intelli-
GENT students might prepare for per
sonal information, and in this despatch
makes his suggestion that American
Consnls act as arbitrators. On Sep
tember 3. Mr.. Jornigan notified Mr..
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