Page:Europe in China.djvu/249

Rh and as 'evincing a total disregard for all forms of law and for law itself.' Moreover, the Chief Justice added that 'in this first Consular appeal case the whole proceedings were so irregular as to render all that occurred a perfect nullity.' The whole British community applauded this decision, but the Governor interpreted it as a personal affront. At the same time the differences between the Chief Justice and the Magistrates became accentuated. On October 27, 1846, a typical case was tried in the Supreme Court and attracted general attention. Two Chinese junks had collided in the harbour, and as the junk which was manifestly at fault attempted to sail away, the crew of the injured junk fired their muskets to attract attention. A police boat, supposing the runaway junk to be a pirate, fired into her and in the mêlée 5 men were drowned and 13 captured. The Police Magistrate, dealing with the case in his usual off-hand manner, flogged the 13 men and then handed them over to the Kowloon Mandarin to be further dealt with. But the Coroner's jury, after three days' investigation, returned a verdict of manslaughter against the Police and (by implication) declared the innocence of the 13 men who had been flogged and deported by the magistrate. The Supreme Court now set aside the verdict on the ground of the irregularity of the whole proceedings, the prisoners having been sworn to the truth of their depositions, thus making them to incriminate themselves. The community, convinced for some time past that a reform in the Police Court personnel was needed, drew the conclusion that Magistrates should have a legal training. The following day (October 28, 1846) another case, heard in the Supreme Court, strongly confirmed them in this conclusion. The Magistrate had sentenced nine men to three months' imprisonment on a charge of intent to commit a felony, but when, on appeal to the Supreme Court, the intent of felony was clearly disproved, the Magistrate explained to the Chief Justice that he, in reality, had sentenced the prisoners under the Vagrants' Act of George IV. This practice of the Magistrates had often been complained of by the public, and