The San Francisco Call. Newspaper, August 28, 1904, Page 10

PROFILE VW D), kY ),/ » 1 well stand cteristics. is al- ance, round eyes, # O By Maynard Shipley HEN the Japanese appear &t the dawn of history this er c people were &b- sor g Chinese-culture and elvilization j s eagerly as they are now absorbing the still higher culture of the West As early as the third century after Christ se travelers were bringing to the e the wisdom of their encient civilization, and by the begin- ning of the ninth century the institu- tions of China had almost entirely su- perseded the crude political and legal institutions of Japan. The elaborate codes known as Ritsu, Rel, Kaku, Shik! were mere reproductions of Chi- aws of the Tong dynasty. inese jurisprudence, however, was fli-adapted to the exigencies of a feudal government, with its semi- ry chiefs weakened more e authority of the central government, and by the middle of the sixteenth century the anarchy was organized system of law now scome impossible. Bach | baron was & law unto himself. »an, as in feudal Europe, every lord or master dispensed justice in his own affairs, territories, house or fam- fly. Like the encient paterfamilias, the Japanese lords had their domestic tribunals, over which the head of the family presided as judge and, if need be, as executioner. But, unlike the Roman father, the Japanese parent had not the power of life and death over his own children, though there were certain offenses for which he might summarily kill his wife or daughters. band who found his wife with man in any apartment of & Croorr PHOTOS BY VAUGHAN W KEITH.~ 22 = ¥ e T D Y S B E T B RBr LR, e e e e e e X FOR THE TIVOLI. which the door was shut was allowed to kill them both, although the event was attended by no more suspicious circumstances. Theshusband was ex- onerated without any proof of his wife’s infidelity. In fact, if the hus- band happened to be away, the father of the wife, her son, her brother or any other relation could exercise the same right and represent the husband. Even & male servant belonging to the house could do the same. Until the middle of the sixteenth century there was practically no limit to the cruelty with which the peasants, civillans and merchants were treated; they were all alike despised by the mil- itary chiefs and their followers and daily subjected to the grossest indigni- ties and tortures. The slightest offense committed by a member of any of these classes was punished by death, even for theft above the value of a penny. This law was still in force as late as 1880, and crucifixion was still the penalty. The One Hundred Rules of Takugawa Iyeyas (who came into supreme power toward the close of the sixteenth cen- tury) abolished many harsh customs which had prevailed in Japan for centuries. These rules were originally intended principally for those who formed the Emperor's own court—*“the military chiefs and their two-sword followers”—who were to act as execu- tive functionaries throughout the em- pire; but it was also declared that these rules were to serve also as “a general basis of the law of the em- pire,” which they, in fact, continued to be until the formal abolition of feudalism by imperial decree in 187L Though criminals were no longer to be boiled in ofl or torn asunder by bulls, the laws of Iyeyas prescribed that the incendiarist, the poisoner and the counterfeiter of seals and coins were to be subjected to “the severe POSED ESPECIALLY SUNDAY CALL BY KATE CONDON AT THE <o_~" A A HIS7§T7 Look. JUSTICE G G N DL R s PIETRSES punishment of burning, exposition of the head after decapitation, or cruci- fixion and transfixion.” Murder, whether perpetrated sud- denly in the heat of passion or as the result of cold-blooded treachery, was punished by death, as were all forms of grave criminality. For such ‘of- fenses as have been mentioned no one suffered but the criminal and his vie- tim. But for crimes against the state the criminal’s whole race was ex- tirpated. The rules of Iyeyas are marred by a law which, while violating no prin- ciple of Mongolian jurisprudence, car- ries us back in imagination to the exceptional atrocities of the mad Ro- man Caesars. It was decreed that “The guilt of a vassal murdering his suzerain is the same as that of an arch traitor to the Emperor. His im- mediate companions, his relations anl all, even to his most distant con- nections, shall be cut off and mowed to atoms, root and fiber. The gullt of a vassal only lifting his hand against his master, even though he does not assassinate him, is the same.” . If the <vife was an accomplice in the crime she too suffered death, but If she was innocent of it she was not condemned to death, as were the husband’s rel- atives, but was merely sold for a slave.” The rule was that women were to suffer death’ only for their own crimes; but siggers, mothers and daughters were all sold for slaves. Every male relative was regarded as his “brother’s keeper” so far as crimes agalnst the state were concerned, and upon the condemnation of one male member of the family the others were duly notified of the date of his execu- tion and were expected .to rip open their own stomachs at the appointed day and hour, which they never failed to do. But it was only the nobles SLRLLRE NN BEEON POSGEEGEESTRINSG00GN, and the military who eijoyed the privilege of suicide, the merchants, cltizens and other persons of inferior rank being punished at the hands of the public executioner. As to the Princes and upper order of nobility, these were exempt from capital or corporal punishment, and in capital cases were banished to guarded isl- ands about forty leagues from the coast. There they lived a miserable life of privation and toil. After a death sentence was pro- nounced the victim’s property was confiscated. But neither the Em- peror nor the lord of the territory in which the crime was committed shared in the property arising from confiscation. The entire proceeds were handed over to a public re- celver, who kept an acéurate account of the same. The money was then appropriated for the erection of pa- godas and bridges, to the keeping in repairs of the highroads and public houses of worship, or to other works of public utility, A supected man, especially if guil- ty, was expected by his relatives to forestall sentence of death by taking his own life, thus saving his prop- ery for his heirs, as was done by many a Roman under the Caesars. The Japanese practice of “harakiri” arose in this way, though it Is not clear why the custom of disembowel- ment was established in preference to some other form of suicide. Many Japanese cut their own throat after opening the bowels by a cross-wise cut. There are said to be no less than fifty different modes of disem- bowelment, and all Japanese aspire to perform the operation with great coolness and courage, which never falls to elicit the praise and admira- tion of their countrymen. To allow sentence of death to be pronounced Yo ¥ o8, s AND CRIME IN JAPAN by the courts without an effeort at sul- cide was deemed unworthy a Japan- ese gentleman. The relatives of an accused person were always alert to see that the imprisoned kinsman was supplied with a suitable weapon for self-destruction. When this was im- possible they endeavored .to come to an understanding with the officer who “put the question under torture,” and who for an adequate bribe killed his charge by a too heavy hand, as if by accident, thus saving the victim's family from ruin. The following were reckoned as crimes against the state, and were un- der jurisdiction of the Emperor's magistrates: The breach of any of the Emperor's ordinancés and proclama- tions; misconduct on the part of the nobles of the empire in the administra- tion of the affairs committed to them by the Emperor; the embezzlement or improper appropriation of the revenues of the empire; the coining of counter- feit seals and money; the forcible car- rying away of women from the high- lands to the lowlands. Perjury was also a capital offense when the object was to deceive the magistrates in the exercise of their judicial authority. ‘The usual punishments for crimes against the state were burning alive; crucifixion, with the legs in the air and the head downward; tearing into four quarters by bulls and, sometimes, being cast into boiling water or oil. But these last two punishments were abol- ished in the sixteenth century by Iyeyas. " In feudal Japan, as among all bar- barian peoples, the individuval's right to private vengeance was clearly rec- ognized, though certain rules were laid down with the view to mitigating what was already beginning to be recog- nized as an evil, even in Iyeyas’ time. Says he: Pretvvveen PEIEBIOGO0R watchful. To assume a stanter I find two f feature t a knowledge of expressions I get this by they stand for. in the cars and et, fact every place I go. The first tt ugh. Ea the Western g part of the world has its type of e pression which predominates, and the San Francisco girl's laugh is ce n She takes life less ser a merry one. ously than does h Zastern sister To the woman of the Latin races tradition has handed down the ma- ternal expression and the typical Madonna face is Italian. Drooping lines dic emotions, guch as hatred, the light, mirthful, happy lines are always upward. The girl that half smiles at you with a merry knowing look is “on to your curves.” She sizes you up in a gl She has a good memory, too, she does not take you seriot smiles and forgives and n that the world is hard and se matter how long she live The free and confidence in o coquette whose T cative of conceit, is easi disdain for the unappreci Even in repose smiles and sc here, T » instant to be ¢ into play. The ndous resolution and of tre: tion have a calm are pr 1 firm! d they show little of their t or even when they sm of gos- There is t »s that indicate a love sip are readily recognized. telitale droop to the cormers of mouth, which a woman's face always assumes just after she has Inquired if you know the latest about Mr. or Mrs. So-and-so. These lines are found on the faces of people who tell you dis- agreeable things about your friends or the truth about yourself. Lines are caused by muscular con- traction and are a most falthful and unerring record of our pasts. KATE CONDON. = 3 § 2 \’ £ 2 g O “In respect to revenging injury done ished, together with the execrable to master or father, it is granted by the wise and virtuous (Confucius) that you and the injurer cannot live to- gether under the canopy of heaven. A person harboring such vengeance shall notify the Criminal Court; and though no check or hindrance may be offered to his carrying out his desire within the perfod allowed for that pur- pose, it is forbidden that the chastise- ment of an enemy be attended with riot. Fellows who neglect to give no- tice of their intended revenge are like wolves of pretext; and their punish- ment or pardon shall depend upon the circumstances of the case.” Upon glving notice to the Hio jo sho (Criminal Court), the person seeking revenge was required to state in how many days or months he could carry out his intention. The period assigned was thereupon entered in the book of the office, and thus the enemy’'s assas- sination was legalized. The killing of an enemy without previous notice of such intention having been given to the proper authorities w regarded as murder, and so punished. The severe criminal laws of the Tok- ugawa Government were not abolished when the rule of that famous dynasty —which had held sway in Tokio from 1603 to 1868—terminated. Most of the ancient laws of Iyeyas still remained in force, though the Government was eager to adopt a European judicial system as soon as.practicable, In 1870 the ial department, as a separate board, was established, under the progressive, not to say aggressive, Yeto Shinpel, who was now appointed Minister of Justice. Yeto Shinpei, who was always ready to attempt reforms on a grand scale, now drafted a new criminal code, which was framed after the Chinese criminal code. All severe punishments except that of beheading were abol- re practice of torture. A little later on M. Boissonade, pro- fessor in the University of Paris, was employed as legal adviser, and . was commissioned to draft new civil and criminal codes. In 1378 the new Criminal Code and the Code of Criminal Procedure wers promulgated, but they were not act- ually in force until 1881. These codes were framed after the French codes. Decapitation was abolished by the new code, and hanging remained the method of inflicting the death pe: Instead of the 250 crimes calling for the death penalty under the old sys tem, capital punishment is now threat- ened only for treason, arson, and rape. Of these four arson | capitally punishable in cases of a grave pature, accompanied with | life. Penal servitude, imprisc with or without hard labor, fines a certain police superviston are other punishments inflicted for crimes less severe than those mentioned above. Corporal punishment, s as flogging or whipping, 1s no longer per mitted. Young criminals are sent t reformatories. Trial by jury has‘ t been adopted in Japan. Neither is there the of but the C ure provides that a pricomer must be brought up for any law pus, ature of habeas cor- of Criminal Pro tion within forty urs from th time of his appr nsion and empow ers the e ¢ Judge to grant ba the priséner being entitled to complair to the court i 1 refused. The results of this vast reform in the criminal law of Japan are being watched with great interest by all those who believe, with Montesquieu that cruel punishments are not only e vere, but tend to Imcite more brutality in the populace than they are compctent to suppress. N