The Savannah morning news. (Savannah, Ga.) 1900-current, 1900-08-12
CuINA's CURIOUS Laws.
The Innocent Fear Them More Than
Do the Guilty.


Do the Guilty.
From the London Mail.
China has very complete legal SYSTEM
the growth of thousands of years. Tbs
first indication of law 10 be found in CHI
nese tradition is the institution of mar
rlage, about the year 2S25 b. C.
A remarkable difficulty which the Chi
uese government has to contend with Is
pointed out In Mr.. Alabaster's standard
work on ''Chinese Criminal Law" There
are three sets of laws-Tartar. Chinese
and Northumberland when the codes
clash the result is not unamusing. There
may be three criminals equally guilty
Of the same offense and brought for trial
to the same court az the same time, with
the result that the criminal amenable to
Tartar law escapes with "A whipping, the
Mohammedan incurs the penalty of mill
tary service and the prisoner under Chi
nese law, besides being bambooed Is
transported for life.
AS in England. the law PREVAILS mill
tary interference Is not tolerated. A SER
geant who caught man gambling had
him hogged on the spot For this that
sergeant receiced 100 blows with the bam-
boo himself and three years Transports
ton. The soldiers who fogged the gam
bier under the sergeants direction receiv-
ed as their share ninety blows and two
years transportation TO the Chinese Bot
any bay--a district on the borders OF the
empire
The same law sometimes finds a differ
ent expression. A corporal found a sentry
asleep on duty, and he hit him with a
watchmans pole so that the sentry died.
Now. the watchmans pole is a civil in
strument. SO the unhappy corporal re-
ceived 100 blows and three years trans
portatlon.
The apathy with which Chinese will
stand by and sec offenses committed has
often been the subject of adverse criti-
cism among foreigners. Mr.. Alabaster
explains that 1t is due 10 fear of the law.
He cites case wherein two ruffians att
tempted to abduct another mans wife.
Hearing her cries. a gallant Chinaman
went to her assistance. The real criminals
appear TO have escaped but the gallant
rescuer got several years.
Advocacy In the law courts moreover.
Is as dangerous as chivalry. II Is record
ed that distinguished scholar. desirous
Of shining as barrster. was sentenced
to two years Imprisonment and eighty
strokes with the Chinese equivalent Of the
birch for trying to coax from the Judge
In a criminal case a verdict of manslaugh-
ter instead Of a verdict Of murder.
In a bad case of murder accessories may
not be visited with the death penalty.
Thus, If half dozen persons commit the
crime, and IL was uncertain who struck
the blow, the first striker IL held to be
the guilty one, and he alone ie executed.
Again, should one Of the accessories chance
to die in prison the sentence of the men
held responsible In the first instance Is
committed.
The law. says Mr.. Alabaster, distinctly
discourages '1arking." and, indeed, games
generally. There is a case quoted in which
three men playing at horse managed TO
tumble over IN a heap on the roadway,
and one of them, falling on the brass-
bound pipe In the pocket of him who lay
undermost, was thereby killed. The judge
declined to allow the case to be dealt with
as one OF misadventure, and insisted upon
the smoker being sentenced capitally.
The most isnominious of all penalties I'm
the Chinese code is slicing to pieces with
extinction of the family. The condemned
man Is tied to CROSS and by series OF
painful cuts his body Is sliced beyond
recognition, the idea being to destroy the
future as well as the present life Of the
offender. The Chinese believe that the
spirit OF the dead man will appear as a
collection Of little bts-a dreadful ignom-
my.
Chinese law Is unaze of contradictions
and complexities, but the magistrate who
idlis W Aiftdn Ills way among them props
erly Is severely punished. For instance,
II magistrate pronounces a sentence Of
decapltation when IL should have been
strangulation he receives a thrashing with
the bamboo, and the executioner who car
ried out the magistrates original sentences
shares the punishment with him
Similar penalties await official careless
ness Of all kinds. but there is one partic-
ularly amusing rod in pickle for the err
Ing Judge. If an offender is allowed to
escape the penalty due to his offense the
unhappy magistrate must himself suffer
the fun penalty which he ought to have
exacted
Constables are periodically beaten II they
fail TO produce prisoners. When warrants
are issued the policeman intrustsed with
the warrant has thirty days In which to
produce his man. II he fails TO produce
him, arrests the wrong man, he incurs
a penalty one degree less heavy than that
due to the real offender. The position of
constable Is not much sought after In
China. A certain Chinese law, having ref
erence to all manner OF crimes, often per-
mts criminal to escape punishment en-
tirely The Chinese regard the continu-
ance of the succession OF a family as In
finitely important-more important in
deed, than the punishment OF heInous
offense. Thus. IL the last survivor of a
family kills his wife, he escapes execu-
tfofl on tne biOuiiQ II ne were
there would be no one left to worship the
ancestral tablets!
Chinese prisons are loathsome with
filth, but as the Chinaman is accustomed
to dirt, their state does not trouble him.
Petty offenders get a pint Of old rice
day II they are without other means OF
support. Ordinarily however. friends and
relatives are expected to provide the food.
In winter they are allowed thick jacket,
and, II sick. they have medical treatment.
Warmed beds are provided for the aged
or infirm criminals In winter and cooling
drinks In summer.