Pieces of bamboo of different sizes are ranged against the south wall.
These are used for the bastinado, and there were various instruments ranged against the same wall, at which I could only look fitfully and with a shudder, for they are used in "The Question by Torture," which rapid method of gaining a desired end appears to be practised on witnesses as well as criminals.
The yard, or uncovered part of this place, has a pavement in the middle, and on one side of this the most loathsome trench I ever beheld, such a one as I think could not be found in the foulest slum of the dirtiest city in Europe, not only loathsome to the eye, but emitting a stench which even on that cool day might produce vertigo, and this under the very eye of the magistrate, and not more than thirty feet from the judgment-seat.
On the other side by which we entered, and which also has an entrance direct from the prison, is a slimy, green ditch, at the back of which some guards were lounging, with a heap of felons in chains attached to heavy stones at their feet. Above, the sky was very blue, and the sun of our Father which is in heaven shone upon "the just and the unjust."
The civil case took a long time, and was adjourned, and the aged claimant was so exhausted with kneeling before the judge, that he was obliged to be assisted away by two men. Then another man knelt and presented a petition, which was taken to "avizandum." Then a guard led in by a chain a prisoner, heavily manacled, and with a heavy stone attached to his neck, who knelt with his forehead touching the ground.
After some speaking, a boy who was standing dangling a number of keys came forward, and, after much ado, unlocked the rusty padlock which fastened the chain round the man's neck, and he was led away, dragging the stone after him with his hands. He had presented a formal petition for this favor, and I welcomed the granting of it as a solitary gleam of mercy, but I was informed that the mitigation of the sentence came about through bribery on the part of the man's relatives, who had to buy the good-will of four officials before the petition could reach the magistrate's hands.
More than an hour and a half had passed since we entered, and for two hours before that the four chained prisoners had been undergoing the torture of kneeling on a coarsely sanded stone in an immovable and unsupported position. I was standing so close to them that the dress of one touched my feet. I could hear their breathing, which had been heavy at first, become a series of gasps, and cool as the afternoon was, the sweat of pain fell from their brows upon the dusty floor, and they were so emaciated that, even through their clothing, I could see the outlines of their bones. There were no counsel, and no witnesses, and the judge asked but one question as he beat his foot impatiently on the floor, "Are you guilty?" They were accused of an aggravated robbery, and were told to confess, but they said that only two of them were guilty. They were then sent back to the tender mercies of the opium-smoking jailer, probably to come back again and again to undergo the severer forms of torture, till no more money can be squeezed out of their friends, when they will probably be beheaded, death being the legal penalty for robbery with aggravations.
There is no regular legal process, no jury, no one admitted to plead for the accused, and owing to the way in which accusations are made and the intimate association of trial with bribery, it is as certain that many innocent persons suffer as it is that many guilty escape. From such a system one is compelled to fall back upon the righteousness of the Judge of all the earth; and as I stood in that hideous judgment-hall beside the tortured wretches, I could not shut out of my heart a trembling hope that for these and the legion of these, a worthier than an earthly intercessor pleads before a mightier than an earthly judge.
It is not clear whether torture is actually recognized by Chinese law, but it is practised in almost every known form by all Chinese magistrates, possibly as the most expeditious mode of legal procedure which is known. It is also undoubtedly the most potent agent in securing bribes. The legal instruments of summary punishment which hang on the wall of the Naam-Hoi judgment-hall consist of three boards with proper grooves for squeezing the fingers, and the bastinado, which is inflicted with bamboos of different weights. The illegal modes of "putting the question," i.e., of extorting a confession of guilt, as commonly practised are, prolonged kneeling on coarse sand, with the brow within an inch of the ground; twisting the ears with "roughened fingers," and keeping them twisted while the prisoner kneels on chains; beating the lips to a jelly with a thick stick, the result of which was to be seen in several cases in the prison; suspending the body by the thumbs; tying the hands to a bar under the knees, so as to bend the body double during many hours; the thumb-screw; dislocating the arm or shoulder; kneeling upon pounded glass, salt and sand mixed together, till the knees are excoriated, and several others, the product of fiendish ingenuity. Severe flogging with the bamboo, rattan, cudgel, and knotted whip successively is one of the most usual means of extorting confession; and when death results from the process, the magistrate reports that the criminal has died of sickness, and in the few cases in which there may be reason to dread investigation, the administration of a bribe to the deceased man's friends insures silence.
The cangue, if its wearers were properly fed and screened from the sun, is rather a disgrace than a cruel mode of punishment. Death is said to be inflicted for aggravated robbery, robbery with murder, highway robbery, arson, and piracy, even without the form of a trial when the culprits are caught in flagrante delicto; but though it is a frequent punishment, it is by no means absolutely certain for what crimes it is the legal penalty.
