The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-01-16
ExEcUrrox OF sArAs s1UDxsrs.



GrssAaa JsstSass 8fs Cssrss ana Says
shs HES ssrssndersd Were Spies
Washington cigy, Jan. ls--The presi-
dent today sent to the senate the coyre-
sponaence In the case OF the two Japan
eSs, together with q letter from the Sc
rotary Of state. Ia which Ii - ssated that
American consuss Rad no authority TO
protect Japanese In China except as tar
as using their good Offices when occasion
sfemnased. II was clearly stated 30 Min-
lister DENLY by Minister OF Foreign At
fairs Musxa that curing the progress Of
the war china.s subjects in Japan were
90 be under the Direct jurisdiction OF the
japanese courts and military autfscfi-
ties. and the treaty provisions 70 the
contrary were necessarily abrogated by
the war situation. Thts. Of course. car
ried with II the status Of Japanese sab
jecss In China The letter further stGtes
that there is scarcely any doubt THAI the
supposed students were Spies
Secretary Gresham In his letter first
quotes the senate resolution requesting
the president. IL not incompatible with
the public interest, TO transmit 10 the
senate al correspondence or other pa
pers relating to the delivery by the Unit
ed States consul at Shanghai OF two
japanese citizens To the Chinese authori-
ties. and their subsequent death by tor
ture, etc. He then shows the changed
status brought about by the war. and
continues as follows: Before war was
declared. but In anticipation OF II and
at the solicitation OF japan, our agents
In China were instructed to exercise their
unofficial good Offices In behalf OF jap
anese subjects In China on all proper
occasions and to the full extent allowed
by international law. and upon similar
request from China our agents In Japan
were instructed to AFFORD protection 70
Chinese subjects I'm Japan In like man
ner. This comprises the extent Of the
understanding relative to the. protec-
of August the Chinese minister at this
capital complained to the undersigned
that the United States consul at Shaag-
hal Was protecting two japanese spies
who had been arrested in that city and
whose surrender was demanded by the
Chinese government I'm order that they
might be dealt with.ip due course. After
proper inquiry into the circumstances of
the case. the demand was re-
cognized as lawful and the men
were ordered 20 be given up.
This was not done. however. without
proper measures being taken to prevent
improper or summary action by the Chi
nese authorities. 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
OF Minister DENLY to Picking. 1t being
supposed that this would afford opportu-
nifty for investigation and elaboration.
The Chinese minister at once promised
compliance. and subsequently, informed
the undersigned that his government had
acceded TO the request. Without ques-
tfoning the lawfuIness of the sentence
under laws OF war. the undersigned re-
gre.s to say that the men were executed
about six weeks after their surrender.
but before the return of Minister DENLY
to chiIa- 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. IL any. room for doubt Mr..
Jornigan. our consul general at Shanghai.
says that when the men were arrested
plans Were found on them. and that
the executing papers are safe. And.
speaking on the same subject in later
report. Mr.. Jornigan says: Some papers
found IN their possession naturally, in a
state of war, created a suspicion tending
TO support the charge
The Chinese minister claims that be-
side the evidence OF guilt found in their
possession when arrested. they had been
employed by their government to obtain
and forward by telegraph and otherwise.
information useful in conducting mill
tary operations against China. and that
they had been engaged in that business.
1t will not be said by any one after
reading the accompanying correspondence
that Mr.. Jornlgan is biased in the slight
lilies. In report dated November 2
he says: The two alleged spies were not
executed as soon as handed over, but
their cases were under investigation for
nearly six weeks. I am now assured
that there was no unfairness pracfieed
against them during the investigation.
In still later report he states that "a
letter from an intelligent foreign resident
at Marking. where the two Japanse were
executed, diAereait the reports OF their
torture. Other letters from the same
gentleman have proved so accurate that
! am disposed TO accept the reported
torture as without substantial proofs
The Chinese government tAr9s that the
men were put to death afr being tor
tured. and the department is not adj
visea that they were tortured OF the
decision uaae the prisoners were not
subject TO the Jurisdiction OF the consul
general Of the United States at Shaag-
hal. and that he could not give them
asylum. the Japanese government made
no complaint. Spying in time Of war
Is military osfease not cogniEable By
civa tribunal. and to have held the ac-
easej against the demand of the Chinese
government. either for trial by our con-
sui or before a mixed tribunal OF foreign
and Chinese officials. would have been
inconsistent with eur assumed attitude
OF impartial neutrality. Our agents IN
China were not substituted for the with
Drawn agents of Japan, and this govern
ment could NOT invest Japanese in China
with an strs-terfstorzallty which they did
not possess as subjects OF their ewn sov-
ereissssty.
'Frozn the letter addressed to Mr..
DENLY, tr-. August II, by Mr.. Fowler. cur
cys'isui ar Ningroo. 1t appears that n
japanese was arrested in the dress of
3 Chinese priest at Chinhai. twenty miles
from the Sfngpoo foreign settlement IN
nas report 10 Mr.. DENLY Mr.. Fowler
says; We wg0te fer the facts. The
taosai rcrlIei. giving the cAr-.,s,r,sta rs.ss