A HOMICIDE LAW CASE

CASE 7:  Homicide and the Law in 18th Century China

 
The emperor has approved the execution of Ms. Zhou by lingering death execution, the beheading of Yuan Ren, and other matters as recommended!

Akedun, President of the Board of Punishments, respectfully memorializes to bring to notice to earnestly bestow the investigation of the criminal matter quoting from the Sichuan Governor General Huang Tinggui (黃廷桂) who has memorialized on this matter in which he quotes according to the Sichuan Surveillance Commissioner Zhou Wan (周琬) who forwarded the investigation of the named Yuan Ren, 47 (sui), originally from of Xing’an county, Guilin prefecture, Guangxi Province. The accused Yuan Ren has an evil nature and is ignorant of law and discipline, and was not acquainted with, the previously living now by him premeditatedly killed, Wen Shaolong (文紹隆).

Wen Shaolong’s hometown was in Hubei. He moved to Guizhou and married his wife Ms. Zhou. He took her to Lezhi County in Sichuan province. Wen Shaolong lived with his younger brother, Wen Shaobang (文紹榜). Wen Shaolong’s only son was, Gou’er (狗兒). Wen was poor and it was difficult to eke out an existence. In the 7th month of the 12th year of the Qianlong reign (late August or early September of 1747), the family move to Hezhou (合州)to beg for food. Zhang Xueyi (張學怡) allowed them to live and sleep in his empty storehouse. Later Song Ruxian’s (宋汝賢) wife, Ms. Pu (蒲氏), because she was from the same village (同鄉) as Ms. Zhou gave her rice to provide relief.

Thereupon the family moved into Ms. Pu’s home. Wen Shaolong also wanted to marry his wife off. Song Ruxian informed his neighbor Yuan Ren. Because the woman’s husband was alive, Yuan Ren’s maternal male cousin Pan Pinshan (潘 品山), Zhang Xueyi, and others told him that he must petition officials for permission, then and only then could marry Ms. Zhou.

Wen Shaolong and others went together to the prefecture capital. As it happened the Prefect at that time was away on business. Without presenting the petition the group dispersed.

In the twelfth month Yuan Ren went to Song Ruxian’s home. Ms Zhou saw him and was determined to marry him. Secretly, she took an earring and gave it to Ms. Pu to pass on to Yuan Ren as a remembrance. That night they had illicit sex.

Yuan Ren also wanted to marry Ms. Zhou. He promised to give Song Ruxian 8 ounces of silver entrusting Song to help him to accomplish this task. Unexpectedly Wen Shaolong later was unwilling to sell his wife.

On the 18th day of the 1st month of the 13th year of the Qianlong reign (February 16, 1748) Wen wanted to take his wife and child and return to Le Yi (the capital of Lezhi County). Song Ruxian secretly communicated with Ms. Zhou and instructed her to abscond with Yuan Ren at the traveler’s inn. At the same time,he instructed 1 his nephew by marriage Cai Chen (蔡臣) to inform Yuan Ren who along with his Song Ruxian ‘s son, Song Wenbing (宋文炳), and his nephew Song Wenhui (宋文輝) would follow behind to Nanjin Street (南津街) and catch up with them and successively travel with Wen and his family.

Ms. Zhou worried that under the circumstances it would be difficult to escape her husband. She “suddenly came up with the idea” 2 (頓起殺機). She secretly urged Song Wenhui to pass on instructions to Yuan Ren to buy poison. Because there was nowhere to buy poison, Yuan Ren, instructed Ms. Zhou when they arrived at a convenient place to twist Wen Shaolong’s “privates” to kill him. They secretly plotted and decided to do this.

On the 26th Yuan Ren asked Song Wenbing to go ahead with him to an abandoned temple in Longshengkou, Tongliang County and wait there. Thereupon Yuan informed Song Wenbing of the details of his plot. Song Wenbing made every effort to dissuade Yuan. It was not yet night, when Cai Chen and Song Wenhui led Wen Shaolong and his family, one by one arrived. They camped out below a tree. At the second watch Ms. Zhou twisted Wen Shaolong’s testicles. Wen Shaolong cried out. Cai Chen thereupon used a cloth handkerchief to stop up his mouth and struck Wen in the left ribs with his fist. Yuan Ren used a stone to strike his left shank and foot, and also used his hand to seize his throat, twisted his right arm and press down on his chest with his knee to exerting pressure on his ribs. Cai Chen repeatedly beat Wen’s left and right upper arms with a piece of firewood. They killed him then and there and moved the corpse to an uncultivated hillside.

One by one, Yuan Ren gave Cai Chen 4 ounces of silver, Song Wenhui 3 ounces and Song Ruxian 8 ounces in thanks. He and Ms. Zhou considered themselves husband and wife and they took Gouer and secretly went to live in Nanchong County.

Sometime later, the landlord Luo Guangwen (羅光文) found the bones of the corpse and “in fear and trepidation” he moved the remains and discarded them within the borders of Long Bihua’s (龍必花) land.

On the 16th day of the 8th month in 16th year of the Qianlong reign (October 5, 1751) the deceased’s younger brother Wen Shaobang lodged an accusation. The previous magistrate of Hezhou, Shen Shengzu (沈繩祖) summoned all the parties to court and investigated the previous matters, and with former Tongliang County magistrate, Tian Hong, jointly investigated and preserved the bones of the corpse, recorded testimony, and reported to superiors. There upon they jointly investigated, filled out the forms, prepared the documentation, reported to higher authority and received permission to order a trial and to take each offender into custody, obtain their personal deposition, and the evidence of the case.

Based on the detailed dossier that has been reported by Chongqing Prefecture Prefect, Xu Zheng’en (徐正恩), the Hezhou County, magistrate Zhang Dui (張兌), and Tongliang County magistrate, Wu Weishi (吳維世) reported to their superiors on the previous matter in a detailed dossier.

I have investigated the accusation that was made by Lezhi county resident Wen Shaobang of 16th day of the 8th month in 16th year of the Qianlong reign (October 5, 1751) which stated: “My first cousin on my father’s side Wen Shaolong in the 12th year of the Qianlong reign, took my sister-in-law, Ms. Zhou and my nephew, Gouer and moved to Hezhou, Mingyue Village and lived on Zhang Xueyi’s land. I 3 inquired and knew that the treacherous Song Ruxian, wrested away a living man’s wife, Ms. Zhou to present her to Yuan Ren as wife and that they took my nephew and absconded without a trace. Zhang Xueyi and Pan Pinshan know about this incident. I implore you to arrest them and investigate these matters.”

Based on this accusation, on the 19th day of the 8th month Magistrate Shen ordered runners to arrest Zhang Xueyi and the others and have them appear in court for questioning.

There were no differences between their testimony and Wen Shaobang’s testimony and petition.

Zhang Xueyi testified: I live in Mingyue Village in Hezhou. Wen Shaolong came here to beg with his wife Ms. Zhou in the 7th month of the 12th year of the Qianlong reign. They lived in my empty storehouse. Song Ruxian’s wife Ms Pu and Ms. Zhou were fellow villagers. In the 10th month we invited Wen Shaolong and his wife to live with us. That year in the 11th month Song Ruxian said that Wen Shaolong wanted to “transfer” his wife, Ms. Zhou to Yuan Ren. I said this thing is not allowed. Stop it. I do not know how Song Ruxian afterwards transferred Ms. Zhou to Yuan Ren. I do not know.

Pan Pinshan testified: I lived in Mingyue Village in Hezhou. Yuan Ren is my younger maternal cousin (descendant of mother’s brother). He lived in Dingyuan County. In the 11th month of the 12th year of the Qianlong reign, Yuan Ren told me he requested that Song Ruxian act as matchmaker for him. He wanted to take Wen Shaolong’s wife, Ms. Zhou, as his wife. I said she is a living person’s wife. You must petition clearly. The local official must give a “license” then and only then can you marry. Later I heard that they went to the prefecture to petition the official. The previous prefect Song Zhouzhu (宋州主) was away on official business. They were unable to petition this matter. Thus the matter ended. As for what happen afterward, I know nothing.

According to Song Ruxian’ testimony: I am from Guizhou Province.I came to Sichuan many years ago and I have rented land and farmed to make a living. In the 7th month of the 12th year of the Qianlong reign Wen Shaolong brought his wife, Ms. Zhou and his son, Gouer, to live in my neighbor Zhang Xueyi’s empty storehouse. They begged all about the area. Ms. Zhou is also a Guizhou native. My wife, Ms. Pu, sent them rice and looked in on her. In the 10th month Wen Shaolong and his wife moved to my home and lived there temporarily. Wen Shaolong told me he was so impoverished he could not support his family. He wanted to marry off Ms. Zhou to get some silver to get along. Only then did I speak with Yuan Ren. Yuan Ren relied on Pan Pinshan and Zhang Xueyi to request that I be matchmaker. Pan Pinshan and others said that because she is a living man’s wife, you must go to the prefecture and petition the official for approval and then can it be done. At that time the prefect was away on business. Without petitioning each of us then dispersed.

That year in the 12th month I held a puppet performance in my home. Ms. Zhou was at my home, Yuan Ren also came to see the play. Ms Zhou took an ear ring and asked my wife to give it to Yuan Ren. That night Yuan Ren and Ms. Zhou had illicit sex.

On the 3rd day of the 1st month of the 13th year of the Qianlong reign, Yuan Ren came to my home to pay the New Year’s call and offered me 8 ounces of silver. He “wholeheartedly” wanted to marry Ms. Zhou. He entrusted me to take care of this matter for him. On the 19th day of the 1st month Wen Shaolong, his wife and son, Gouer came to my home. Wen said he wanted to return to northern Sichuan. I called my niece’s husband, Cai Chen, and told him to inform Yuan Ren. On the 21st Yuan Ren and my nephew, Song Wenshi came to my home. Yuan Ren needed me to go with him to find Ms. Zhou. I only could order my son Song Wenbing and Cai Chen to pursue them. Only so they could catch up with them on the road and make off with Ms. Zhou. 4 Who thought they would plot to kill Wen Shaolong? I only request an investigation.

Song Wenhui and others were questioned and testified the same as above.

Based on this evidence, Ms. Pu was again brought before the court to testify.

Ms. Pu’s was questioned and testified: In the 12th month of the 12th year of the Qianlong reign my home hosted a puppet play. Wen Shaolong’s wife was at my home and saw Yuan Ren. When she saw Yuan Wen she wholeheartedly wanted to marry him. She took an earring and gave it to me to pass on to Yuan Ren as a remembrance. That night they committed adultery. As for the other matters I do not know anything.

Song Wenbing was questioned and testified: I often work away from home as a tailor. I heard that Yuan Ren requested my father Song Ruxian to be a matchmaker. He wanted to marry Wen Shaolong’s wife, Ms. Zhou as his wife. He had not married her. QL 13.1.19 Wen Shaolong and Ms. Zhou said the wanted to return to Northern Sichuan from Hezhou. On the 21st Yuan Ren, Cai Chen and my first cousin on my father’s side Song Wenhui came to my home. Father asked me to accompany them and catch up with Wen Shaolong and the others. He told Yuan Ren to abscond with Ms. Zhou. On 23rd I reached Nanjin Street in Hezhou and saw Wen Shaolong and his party up ahead. Yuan Ren asked Cai Chen and Song Wenhui to go ahead and travel with them. I and Yuan Ren remained behind and followed. At night we slept in two different inns.; On the 24th I arrived at Tongliang County and stayed at Huofeng market for one day. On the 26th I started out with Yuan Ren and we first arrived at an abandoned temple at Longshengkou Mountain Hollow and waited. Yuan Ren told me he wanted to kill Wen Shaolong. I said marrying a lover is a small matter killing is big matter. Three times I urged him not to do it. He was unwilling to listen. Soon afterwards Cai Chen, Song Wenhui lured Wen Shaolong, Ms. Zhou and Gouer arrived when it was nearly dark. They collected beneath a large silk pear tree and camped out. Sometime after the second watch, Cai Chen came and called Yuan Ren to go with. I urged them not to do it repeatedly. Soon after I followed them and just then saw Ms. Zhou twist Wen Shaolong’s privates. Wen Shaolong cried out. Cai Chen then gagged him with a handkerchief. Yuan Ren took a stone and hit him several times. He also seized his throat with his hand. Cai Chen took firewood and struck him several times. Then he died. I was frightened and trembled, moreover I did not help. They took the corpse and carried it to an uncultivated hillside embankment. Yuan Ren took Ms. Zhou and let her away. This is true.

Song Wenhui was questioned and testified: I am from Guizhou. I worked in Yuan Ren’s distillery. On the 21st day of the 1st month of the 13th year of the Qianlong reign (February 19, 1748) Yuan Ren told me that because Wen Shaolong’s wife, Ms. Zhou wholeheartedly wanted to marry him even if now Wen Shaolong and her were a couple. On the 19th day of the 1st month Wen Shaolong and his family began their journey from my Song Ruxian’s home taking the road toward Hezhou. Yuan asked me to go with him to uncle’s home. Uncle asked fraternal cousin Song Wenbing along with Cai Chen to pursue them with us. On the 23rd we reached Nanjin Street in Hezhou and saw Wen Shaolong and his family. I and Cai Chen only said we were going to Dazhu. We traveled together with Wen Shaolong and his family. Yuan Ren and Song Wenbing were following behind. On the 24th we reached Tongliang County, Feng [sic] Market and we stayed in two inns. Ms. Zhou wanted me to ask Yuan Ren to buy some poison. Yuan Ren said there was nowhere to buy it. He told me to go tell Ms. Zhou to twist Wen Shaolong’s privates. He would naturally die. On the 25th we stayed at Huofeng Market for a day. On the 26th Yuan Ren and Song Wenbing first went to an abandoned temple at Longshengkou in Tongliang County and waited. I and Cai Chen, Wen Shaolong, Ms. Zhou and Gouer arrived just as darkness was near. Then on the east side of the temple below a large silk pear tree we rested and Wen Shaolong opened his bedding beneath the tree. I and Cai Chen lit a fire beside the tree. Past second watch Ms. Zhou quietly asked Cai Chen to go call Yuan Ren to come help. Ms. Zhou grabbed Wen Shaolong’s privates and twisted them. Wen Shaolong called out. Cai Chen then took a handkerchief and blocked his mouth. Yuan Ren took a stone and hit him several times. He also used his hand to grasp Wen’s throat. Cai Chen picked up a piece of firewood and struck him several times. Then he died. I was afraid and I did not lift a hand to help. They took the corpse and carried it to an uncultivated hillside embankment. Yuan Ren took Ms. Zhou and led her away. He gave me 3 ounces of silver. That is true.

Yuan Ren was questioned and testified: He admitted that he willingly plotted to marry Wen Shaolong’s wife, Ms. Zhou as his wife. Unexpectedly Wen Shaolong was unwilling to sell his wife. Wen Shaolong took his wife back home. Ms. Zhou and I then conferred and we assaulted and killed her husband, Wen Shaolong on the road. We disposed of the corpse on an uncultivated hill. Then I absconded with Ms. Zhou as my wife. I have not concealed anything.

According to this evidence, the documents were prepared and the concerned evidence was transmitted. On the 4th day of the 9th month the Nanchong County magistrate was authorized to transfer Ms. Zhou and Gouer to the court.

Ms. Zhou was questioned and testified: I am from Guizhou. In the 9th year of the Qianlong reign (1744) my husband Wen Shaolong married me as his wife. I have given birth to one son called Gouer who is seven this year. He is now living in Lezhi County with his uncle, Wen Shaobang.

My husband could not make a living. In the 7th month of the 12th year of the Qianlong reign (August or September, 1747). We begged our way to Hezhou.We lived in Zhang Xueyi’s empty storehouse. At that time Song Ruxian’s wife Ms. Pu, who also was from Guizhou gave us rice and looked after me because we were fellow villagers. Afterwards my husband and I went to their home and lived there. In the 11th month I heard my husband wanted to remarry me to Yuan Ren. He went to the prefectural capital to request permission. Because the prefect was away on business they failed to make a petition.

In the 12th month Song Ruxian’s put on a puppet show in his home. I saw Yuan Ren and I wholeheartedly wanted to marry him. I took an earring and gave it to Song Ruxian’s wife, Ms. Pu to present to him as a remembrance. That night I committed adultery with Yuan Ren. At the end of the year Wen Shaolong’s distant relative in the same clan, Wen Zhiru received us for New Years. On the 18th of the 1st month Wen Shaolong informed me we would return to Lezhi County. As we passed Song Ruxian’s door on the road Ms Pu asked me to enter and have a smoke. Song Ruxian said when you are on the road take several turns and lose Wen Shaolong. Then you can go with Yuan Ren. Yuan Ren will be following you. I will order people to follow you. I approved.

On the 19th husband took me and Gouer and began our trip from Song’ home.

On the 22nd we arrived at Nanjin Street in Hezhou. On the 23rd I saw Yuan Ren and others coming. Cai Chen, Song Wenhui said they were going to Dazhu. They traveled on the same road with my husband and me. Yuan Ren and Song Wenbing were behind following. On the 24th we arrived at Huofeng Market in Tongliang County. I, Wen Shaolong, and Gouer, Song Wenhui and Cai Chen stayed at an inn. I secretly told Song Wenhui I wanted him to tell Yuan Ren to buy poison. Song Wenhui returned and said there was nowhere to purchase poison. Yuan Ren instructed me in a note that when you reach a secluded place ahead twist Wen Shaolong’s privates then he will die. I arranged for everyone to help.

On the 26th Cai Chen also brought liquor and meat and invited my husband to eat. After noon we set out. Yuan Ren with Song Wenbing had gone ahead. I and the others were behind them. Arriving at Longshengkou it was already getting dark. On the side of the road there was a large Silk Pear Tree. 5 We spread out beneath the tree. I, Wen Shaolong, and Gouer slept. Song Wenhui and Cai Chen lit a fire in front of the tree. Approximately after second watch I went to call Cai Chen. Cai Chen went to call Yuan Ren to come and help. I twisted my husband’s privates. My husband cried out. Cai Chen used a handkerchief to gag his mouth. Yuan Ren grasped a stone and hit him several times. He used his hand and pinned his throat and beat him to death. They took the corpse to an abandoned hillside. I and my son went with Yuan Ren thinking of ourselves as husband and wife. We went to Nanchong (county), Shierwan to live. This is true.

All have been deposed and according to this Prefect Shen (沈) took the criminals into custody and transferred them to Tongliang county where he jointly, with the previous Tongliang county magistrate, Tian Gong, went to Huofeng Market and Longshengkou. They examined the spot where the corpse was buried. The earth was black but there was no skeleton. At that time the landlord Luo Guangwen (羅光文) was brought to court for questioning.

Luo Guangwen was questioned and testified: In the first month of this year I went to this uncultivated hill to cut some pine. I cut down the brush and revealed a pile of dried bones. Because they were in my field I feared being implicated. That instant I ignorantly took the dried bones collected them in my basket and carried them on my back to Nanshou mountain slope. I dumped them on the back of the slope. Below this slope is Dazu County, Long Bihua’s (龍必花) land. This is the truth.

Long Bihua was questioned and testified:This mountain slope originally was thick with vines. No one walked there. I never went there. I don’t know who discarded Wen Shaolong’s corpse on my land.

Based on this evidence, we went to this place and gathered the miscellaneous dried bones of Wen Shaolong. Altogether we have one skull, eight extant upper teeth, nine extant lower teeth, left ribs three broken apart, right ribs five broken apart, one fractured left leg bone, one left knee, along with ten fingers with knuckles and palm, ten toes with knuckles and instep, two ankles and other bone fragments. The dried bones were sealed and stored. Each offender was separately jailed.

This prepared report was forwarded and received. The governor approved and the Prefecture ordered a joint investigation.; Thereupon on the 6th day of the 10th month, the two magistrates, Shen and Tian were ordered to visit and inspect the spot where the corpse was left with the area’s baojia head (地牌), neighbors, and others. According to law, they also inspected the corpse.

According to the coroner, Chen Youxing’s (陳又興) “shouted report” of the examination of Wen Shaolong’ corpse: Wen was 58. His height was 4 尺 9 寸. The frontal view found a fatal wound on the top of the skull. It was purple colored with traces of blood. There were traces of an injury from having testicles squeezed. Of the upper fourteen teeth fourteen, eight were extant. Wen had lost three front teeth and three molars on the left side. The jaws all have traces of blood. Of the lower fourteen teeth nine were extant. He had lost three middle front teeth. There were traces of blood on the jawbone. All these were related to the injury caused by the twisting of his privates. Two left molars were missing. No trace of blood on the jaw. The molars were removed post mortem. The lethal wound to throat extended, counting from top to bottom, from the third to the four to the fifth vertebrae, the points were all red and have traces of blood. Left side of chin has three (分) long four (分) wide purple bruise. On the right hand between thumb and forefinger was a non-lethal wound. Right wrist there are two one (寸) 5 (分) and 5 (分) wide purple bruise with blood trace is from twisting. Fatal wound on chest and sternum bone was purple, bruised and had traces of blood. Left upper arm had a non-lethal wound. Of twelve ribs on the left side, from the top counting to the bottom 6th to 7th to 8th ribs totally have three horizontal one (寸) long5 (分)wide purple breaks in two spots. All these ribs have traces of blood from a fatal punching wound. Of the twelve ribs on the right side counting from the top to the bottom 5th to 6th to 7th to 8th totally have five horizontal 2 (寸) long ;5 (分) wide purple breaks. Two places have traces of blood. The knee cap was protruded and broken, left shoulder and shank bone have breaks one (寸) 5 (分) long and 5 (分) wide purple break points. All have traces of blood. It was caused by a wound from a stone.

Viewed from the back, there was a non-fatal break in left arm and upper arm 2 (寸) long 8 (分) wide. It is purple colored and has traces of blood. The wound was caused by a wooden object. There was a non-lethal injury to the right upper arm and arm break 2 (寸) long 8 (分) wide. It was purple colored and has traces of blood. The wound was caused by a wooden object. There was a non-lethal wound on the left heel, 1 (寸) long 8 (分) wide bone broken. It was purple colored and has traces of blood.It was caused by a stone. The left knee bone inside and outside ankle bones were lost. Foot joints, arch, and toes were lost along with other bones. The skeleton is yellow white in color without cause. Report concluded

Shen Tianer ordered an additional personal inspection and found no discrepancies. It was found that the evidence found from the coroner’s examination was consistent with each criminal’s testimony as previously reported. The dried bones were but in order and stored in a temporary grave. Each criminal was separately imprisoned.

Magistrate Shen received the coroner’s bond that the report left out no wounds and did not fabricate. The forms are completed and all documents and matters were reported and forwarded to higher level. Shen ordered the capture of the escaped criminals, Cai Chen. Chen must be captured and along with the others forwarded for retrial.

I (Prefect of Chongqing) have thereupon sent the previous serving Prefect on a special mission to search for the said criminal in his original home and directly arrest him. Afterwards in 20th day of the 4th month of the 17th year of the Qianlong reign (May 28, 1747) I authorized authorities of Xiuwen County, Guiyang prefecture, Guizhou Province to arrest. It was found that Cai Chen had not yet returned. Said criminal’s clan and neighbors gave a bond. The stamped certificate was added to the file and transferred to the prefect. Your humble subordinate.

The absconding criminal has been long gone without capture. Respectfully, I request permission to begin the trial of the criminals now in custody. Obeying immediately we jointly see to this. The deceased’s younger brother had left afterwards. On the 20th day of the 10th month authorized Lezhi County magistrate to transfer the deceased’s younger brother Wen Shaobang to the court. Said Yuan Ren earlier in 16th day of the 10th month had become ill. I request permission to order Nanchuan County Magistrate, Ying Shilong (應士龍) to investigate the reality of this illness and report. In court on the 10th day of the 11th month he recovered. Thereupon all were summoned before the court together and questioned. Except for the landlord Long Bihua (龍必化), the deceased’s younger brother Wen Shaobang (文紹榜), the landlord who lent the room, Zhang Xueyi (張學怡), the intermediary in sale of wife, Pan Pinshan (潘品山), Luo Wenguang who moved the corpse and Ms. Pu who testified that Yuan Ren had illicit sex all testified the same as above with out any differences, we also interrogated Song Wenbing.

Song Wenbing (松文炳) was questioned and testified: I am 32 (歲) this year. Often I am away working as a tailor. In the 12th year of the Qianlong reign, I heard that Yuan Ren had invited my father Song Ruxian (松汝賢) to arrange a marriage with Wen Shaolong’s wife, Ms. Zhou as a wife. He did not succeed. In on the 19th day of the 1st month of the Qianlong reign, Wen Shaolong and his wife wanted to return to northern Sichuan. On the 21st Yuan Ren (袁任), Cai Chen (蔡臣) and my cousin Song Wenhui (松文輝) came to my home. My father told me to go with them and overtake Wen Shaolong and make off with Wen Shaolong’s wife Ms. Zhou. I went with them. On the 23rd we arrived at Nanjin Street in Hezhou. We saw Wen Shaolong and his wife. Song Wenhui and Cai Chen traveled with them on the same road. I and Yuan Ren followed behind. At night we slept in two different inns. On the 24th we arrived at Huofeng Market in Tongliang County. On the 24th Yuan Ren told me at the inn to look after the luggage. He and Cai Chen went out to take a walk. He returned and slept. On the 26th Yuan Ren told me to go ahead to a small empty temple in Longshengkou (龍升口) While we rested Yuan Ren told me that Ms. Zhou wanted to kill Wen Shaolong and that last night after arriving here he saw clearly. Tonight he wanted here to kill Wen Shaolong. I urged him not to do it, saying marriage is small matter, killing is a big matter. What caused him not to be unwilling to listen?

Soon afterwards Wen Shaolong and the others arrived and slept beneath the large Silk Pear Tree. After second watch Cai Chen came and told Yuan Ren to go and help. I, just one person, was unable to stop him. Soon afterwards I followed and saw Ms. Zhou already had twisted Wen Shaolong’s privates. Wen Shaolong cried out. Cai Chen took a cotton handkerchief and blocked his mouth. Yuan Ren used his hand to seize Wen Shaolong’s throat. They took Wen Shaolong and beat him to death. I was frightened. I only could tremble and was unable to stop them. They took the corpse and carried it to an abandoned hillside. Yuan Ren took Ms. Zhou and led her away. Afterwards Yuan Ren thanked my father Song Ruxian with 8 ounces of silver. I did not take his silver. This is the fact.

Song Ruxian was questioned and testified: I am from Xiuwen County in Guiyang prefecture, Guizhou province. This year I am 54 (歲). My parents are deceased. I have a wife Ms. Pu. In Hezhou I rent land to make a living. I am not without a livelihood. In the 7th month of the 12th year of the Qianlong reign (August or September, 1747) Wen Shaolong led his wife, Ms. Zhou and Gouer here. They lived in neighbor Zhang Xueyi’s empty storehouse. Wen Shaolong went about begging. My wife, Ms. Pu, because she saw Ms. Zhou also was from Guizhou, gave some rice and went to visit. She permitted Ms. Zhou to temporarily stay in our home. In the 10th month Wen Shaolong and his wife moved into my home. Wen Shaolong told me he was poor and it was hard to support his family. He wanted to marry his wife off. I told my neighbor Yuan Ren. Yuan Ren then enlisted Zhang Xueyi and Pan Pinshan. He requested me to be matchmaker. He wanted to marry Ms. Zhou. Pan Pinshan said this is a living person’s wife. Must petition the official for permission only then can you marry. I and Wen Shaolong together went to the prefecture. Unexpectedly, the prefect was away and we did not submit a petition. Each of us returned. In the 12th month I hosted a puppet play in my home. Yuan Ren came to see the play. Ms. Zhou saw Yuan Ren and then wanted to marry him. She took an earring and gave it to my wife, Ms. Pan, who gave to Yuan Ren as a remembrance. That night Ms. Zhou had illicit sex with Yuan Ren. At the end of the year Wen Shaolong’s distant relative, Wen Shiru, received Wen Shaolong and his wife for New Years. On the 3rd day of the 2nd month [sic] of the 13th year of the Qianlong reign (March 1, 1748) Yuan Ren came to my home on a new years’ visit. He said he definitely wanted to marry Ms. Zhou. He promised me 8 ounces of silver. I said by all means I must succeed in this matter. I didn’t think that Wen Shaolong would then be unwilling to marry off his wife. On the 18th he wanted to return to Lezhi. When they passed by my front door I told my wife to have them stop in and have a smoke. I privately told Ms. Zhou that I would send someone to tell Yuan Ren to follow her. On the road she should lose Wen Shaolong and go with Yuan Ren, that’s it. Ms. Zhou agreed.

On the 19th they left from my home. I then told my maternal nephew Cai Chen to go inform Yuan Ren. Yuan Ren was not home. On the 21st Cai Chen and Yuan Ren with my nephew and son Song Wenhui arrived together at my home. I explained what I had told Ms. Zhou. I told them because Wen Shaolong and his family had already left two days earlier that I feared they would not find them. I told my son Song Wenbing to go with them and catch up. I did not think Yuan Ren and the others would premeditatedly kill Wen Shaolong. They returned and told me. I only knew after the fact. Yuan Ren’s giving me 8 ounces of silver as thanks for the plan to runoff with Ms. Zhou though was my idea. As for premeditated murder, I knew knowing about it. That is a fact.

Song Wenhui was questioned and testified: I am originally from Xiuwen county, Guiyang prefecture, Guizhou province now residing in Hez My parents are deceased. Song Ruxian is my uncle. I helped at Yuan Ren’s distillery to make a living. In Qianlong 13.1.21 morning Yuan Ren told me Wen Shaolong’s wife Mr. Zhou wholeheartedly wanted to marry him. At that moment she and her husband lived at my uncle’s home and were setting out for Hezhou to return to Sichuan. He wanted me to go with and catch up to them. On the 21st I arrived at my uncle’s home. Uncle Song Ruxian said he already spoke with Ms. Zhou and in advance and explained things. Paternal cousin Song Wenbing and Cai Chen and we would together go and overtake them and make off with Ms. Zhou. That would be it. On the 25th [sic] at Nanjin Street in Hezhou, we caught up with Wen Shaolong. I and Cai Chen just said we were going to Dazhu and would travel with them on the same road. Yuan Ren and Song Wenbing remained behind following. At night we stayed at different inns.

On the 24th [sic] arrived at Tongliang, Huofeng Market. Ms. Zhou secretly said to me with this small son along how can she escape. She wanted me to tell Yuan Ren to buy some poison to poison her husband to death. I told Yuan Ren. Yuan Ren had nowhere to buy poison. Yuan Ren told me to tell Ms. Zhou that poison was not as good as twisting his privates until he died in a secluded place. I told Ms. Zhou.

On the 28th [sic] Ms. Zhou said her feet hurt and she could not walk for a day. Yuan Ren told me to stay with Wen Shaolong and the others. He and Cai Chen went to see the place and returned. Still at Huofeng Market we slept.

On the 26th Yuan Ren gave some money to Cai Chen to buy some liquor and meat for Wen Shaolong to eat. After noon we started out. Yuan Ren and Song Wenbing had already gone ahead. I and Cai Chen led Wen Shaolong, Ms. Zhou, and Gouer behind them. As night fell we just reached Longshengkou. Cai Chen said since there was nowhere to sleep ahead we should sleep beneath this large silk pear tree. Wen Shaolong and wife slept beneath the tree. I and Cai Chen lit a fire beside the tree. After the second watch Ms. Zhou quietly called Cai Chen to go call Yuan Ren to come and help. Yuan Ren arrived. Ms. Zhou then twisted Wen Shaolong’s privates. Wen Shaolong cried out. Cai Chen took a white handkerchief and blocked his mouth. Yuan Ren than took a stone and hit him several times. He also used his hand to pin his throat. Cai Chen took fire wood and hit him several times. He died. I was frightened and also did not raise a hand. I only helped them carry the corpse to an uncultivated hillside plot. Yuan Ren gave me 3 ounces of silver. He took Ms. Zhou and the child and led them away. This is true.

According to the deposition of Yuan Ren: I am from Xing’an County, Guilin Prefecture in Guangxi Province. This year I am 47 (歲). I came to Sichuan many years ago. In Dingyuan County I opened a distillery and put on shows to make a living. In the 12th year of the Qianlong reign I invited this Song Wenhui to help me in the distillery. In the 10th month his uncle Song Ruxian came and said his fellow villager Ms. Zhou, because her husband Wen Shaolong was poor and unable to provide a living, wanted to marry her off. He encouraged me to marry her. Unfortunately, my maternal cousin, Pan Pinshan, and Zhang Xueyi said this is a living person’s wife, you must petition official to authorize permission only then can you marry. I and Song Ruxian, Wen Shaolong together went to the prefectural capital to petition. At that time the former prefect was away on business and we could not petition. Each of us returned.

In 12th month Song Ruxian hosted a puppet play in his home. I went to watch. Ms. Zhou took an earring and gave it to Song Ruxian’s wife, Ms. Pu to present to me as a memento. Ms. Pu relayed that Ms. Zhou wholeheartedly wanted to marry me and asked that I speak to her personally. That night I then had illicit sex with Ms. Zhou.

On the 5th day of the 1st month of the 13th year of the Qianlong reign (February 3, 1748) I went to Song Ruxian’s home to pay New Year respects. I promised him 8 ounces of silver. I implored him that he must arrange this marriage. When Song Ruxian knew that Wen Shaolong was now unwilling to marry off his wife he told his nephew by marriage Cai Chen to come and inform me on the 21st. He said that on the 19th Wen Shaolong and wife were moving back to northern Sichuan. I then told Song Wenhui go with me to Song Ruxian’s home. Song Ruxian said he already explained things to Ms.

Zhou. Song told me to catch up to them on the road and make off with Ms. Zhou. That would be it.

He told his son, Song Wenbing to take the same road. On the 23rd at Nanjin Street in Hezhou, we saw Wen Shaolong and his wife. I did not go near. I first told Song Wenhui and Cai Chen to travel with them. I and Song Wenbing trailed behind.

On the 24th we arrived at Huofeng Market, Tongliang County and stayed at different inns. Song Wenhui came and said Ms. Zhou wanted to kill Wen Shaolong. She asked me to buy poison. I said there is nowhere to buy poison. I said, since Ms. Zhou has this idea, I thought it would be better if at a secluded place up ahead she twisted Wen Shaolong’s privates and then we could kill him.

On the 25th I told Song Wenhui to stay with Wen Shaolong’s party. I told Song Wenbing to stay in the inn and watch the luggage. I explained things to Cai Chen and promised him “thanks” silver and together we went to Longshengkou and checked the place out. We still returned to Huofeng Market to sleep.

On the 26th I took some money and gave it to Cai Chen to buy some liquor and meat for Wen Shaolong to eat at noon. I and Song Wenbing went first to an empty temple in Longshengkou and waited. I told the circumstances to Song Wenbing. He said marriage is a small matter but murder is big matter. Three times he urged me to stop. At that time my mind was lost and I was unwilling to agree with him.

We waited until dark when Song Wenhui and Cai Chen led Wen Shaolong and his party to a large silk pear tree beneath which they opened bedding and slept. After the second watch Cai Chen came and asked me to go help. Because Song Wenbing was unwilling I did not ask him. I went with Cai Chen. We heard Wen Shaolong call out when Ms. Zhou twisted his privates. Cai Chen gagged his mouth with a handkerchief and used his fist to punch his left ribs. I then took a stone and struck his left shoulder blade and left ankle several times. I also used my right hand to grasp his throat and left hand to clasp his right wrist. I used my shoulder to pin his chest. I used my knee to press on his left ribs several times. Cai Chen saw I had already pinned his throat. He took a piece of firewood and struck his arm several times. Wen Shaolong died.

Everyone took the corpse and carried it to an uncultivated hillside. The next day I gave Cai Chen 4 ounces and Song Wenhui 3 ounces. Afterwards I also gave Song Ruxian 8 ounces. I took Ms. Zhou and Gouer and led them to Nanchong County to live. I and Ms. Zhou acted as husband and wife. No one knew what we were hiding. Song Wenhui absolutely did not help. Song Wenbing also was not a co-conspirator. This is true.

Ms. Zhou was questioned and testified: I am from Xiuwen County, Guiyang prefecture, Guizhou province. This year I am 34 (歲). In the 9th year of the Qianlong reign (1744) I married Wen Shaolong as a wife. I also gave birth to a son called Gouer. This year he is 8 (歲). Since last year he lives in Lezhi County, in his uncle Wen Shaobang’s home. Because my husband was unable to make a living and we were deeply impoverished in the 7th month of the 12th year of the Qianlong reign we begged our way to Hezhou County. We lived in Zhang Xueyi’s empty storehouse. Song Ruxian’s wife Ms. Pu, because she was fellow villager, sent us rice and came to see me. I went to her room to stay temporarily. In the 10th month she allowed me and my husband to move into her home. She heard my husband wanted to marry me off

Yuan Ren went to request marriage officially but was unable to complete the petition. In the 12th month Song Ruxian had a puppet performance at his home. Yuan Ren came to see the play. I saw him and wanted to marry him. I took an earring and asked Ms. Pu to give it to Yuan Ren as a memento. That night he came and met me. Yuan Ren and I had illicit sex.

At the end of the year, Wen Shaolong’s relative Wen Zhiru received us at his home. After new years my husband was unwilling to marry me off. On the 18th day of the 1st month of the 13th year of the Qianlong reign, he informed me and our son that he wanted to move back to Lezhi County. We passed Song Ruxian’s door. Ms. Pu asked me in to smoke. Song Ruxian told me to lose them on the road. He would tell Yuan Ren to find me and he could make off with me. That would be it. I agreed. On the 19th my husband led me to begin the trip.

On the 23rd on Nanjin Street in Hezhou I saw Yuan Ren and his party. Cai Chen, Song Wenhui said they wanted to go to Dazhu with us on the same road.

On the 24th we arrived at Huofeng market in Tongliang County. Yuan Ren and Song Wenbing stayed at a different inn. I wanted to take the child and leave but it was not convenient to leave my husband. How could I getaway?

Now that we were traveling together with Song Wenhui and the others and Song Ruxian and others had already made the match I probably would not be able to lose my husband. He would follow me because of this. At that moment secretly asked Song Wenhui to instruct Yuan Ren to buy some poison. Song Wenhui returned and said Yuan Ren said there is nowhere to buy poison. He asked me to go ahead to a secluded spot to stay the night and twist Wen Shaolong’s privates then he could die.

On the 25th my feet hurt and I could not walk. We stayed a day. At night Cai Chen quietly told me he and Yuan Ren today found a place. We decided everyone would help.

On the 26th Cai Chen bought some liquor and meat for Wen Shaolong to eat. At noon we started out. Yuan Ren and Song Wenbing went first. Cai Chen and Song Wenhui led me and my husband at the behind them. Near dark we arrived at Longshengkou. Cai Chen said it was dark and there is nowhere to sleep ahead, so it would be best to sleep here beneath the silk pear tree. I and my husband then opened our bedding and slept beneath the tree. Cai Chen and Song Wenhui lit a fire beside the tree. Past second watch husband was sleeping. I quietly told Cai Chen to summon Yuan Ren to come near and help. I than took Wen Shaolong’s privates and twisted them. Wen Shaolong cried out. Cai Chen took a handkerchief and gagged his mouth. Yuan Ren took a stone and hit him several times and used his hand to grasp his throat. Cai Chen took a piece of firewood and him several times. Then he died.

They took his corpse and carried it to an uncultivated hillside. Yuan Ren led me and my son away. We acted as husband and wife and went to Nanchong County. No one knew what we were hiding. Song Wenhui and Song Wenbing did not help. That is true.

End of quoted testimony.

[What follows below is the first official synopsis of the case from the county level. It is followed by reports from each succeeding level of administration.]

According to this evidence, Hezhou prefect, Zhang Dui (張兌) and Tongliang County Magistrate Wu Weishi (吳維世) jointly tried and found that Yuan Ren and Ms. Zhou engaged in illicit sex and plotted the murder of her husband Wen Shaolong. They find that Yuan Ren and Wen Shaolong did not know each other. Wen Shaolong was originally from Hubei. He moved to Guizhou, married Ms. Zhou, and took her to Lezhi County in Sichuan and lived with his brother Wen Shaobang. They had a son, Gouer. Poor and difficult to get on in the 9th month of the 12th year of the Qianlong reign they went to Sichuan to beg. They lived in Zhang Xueyi’s empty storehouse. Afterwards, because Song Ruxian’s wife, Ms. Pu, was a fellow villager, she gave Ms. Zhou rice to help out. Soon they moved to Ms. Pu’s home. Wen Shaolong wanted to marry his wife off. Song Ruxian promptly informed neighbor Yuan Ren. Yuan Ren’s maternal cousin Pan Pinshan and Zhang Xueyi, and others said a husband must petition officially for permission only then can she remarry. Wen Shaolong and others went together to the prefecture. At that time the prior prefect was away on business. Before they could petition they left.

In the 12th month Yuan Ren went to Song Ruxian’s home. Ms. Zhou saw him and decided she wanted to marry. Privately she took an earring and gave it to Ms. Pu to give to Yuan Ren as a memento. That night they then had illicit sex. Yuan Ren also wanted marriage. He promised to give Song Ruxian 8 ounces of silver to take care of this matter. Unexpectedly, Wen Shaolong afterwards was not willing to sell his wife off in marriage.

On the 18th day of the 1st month of the 13th year of the Qianlong reign (February 16, 1748) Wen Shaolong wanted to take his wife and return to Lezhi. Song Ruxian secretly decided with Ms. Zhou that she should lose him on the road. Yuan Ren would follow and they could abscond. He ordered his nephew by marriage Cai Chen to inform Yuan Ren and his son Song Wenbing and nephew Song Wenhui to tail them. They caught up at Nanjin Street and traveled together. Ms. Zhou considered that under these circumstances her husband would follow her if she absconded and it would be difficult to lose him. She suddenly had murderous intent. She sought out Song Wenhui and asked him to pass word to Yuan Ren to purchase poison. Yuan Ren, because there was no place to buy poison, instructed her to twist his privates to cause him to die. Thus, they secretly premeditated murder. Thereupon on the 26th Yuan Ren asked Song Wenbing to go ahead with him to an abandoned temple at Longshengkou in Tongliang County where he then told him the reason they were there. Song Wenbing strongly urged him not to carry it out.

Night arrived and Cai Chen and Song Wenhui led Wen Shaolong and Ms. Zhou there and they slept under a tree. At the second watch Ms. Zhou twisted Wen Shaolong’s testicles. Wen Shaolong cried out. Ms. Zhou called Cai Chen who then used a handkerchief to plug his mouth and punched his left ribs. Yuan Ren used a stone to hit his left shoulder and left ankle. He also seized his throat and twisted his right arm and pinned his chest. Using his knee he pressed down on his left ribs. Cai Chen used firewood to repeatedly strike his left and right arms. After a while Wen Shaolong died.

They moved the corpse to an uncultivated hillside. To thank them Yuan Ren one by one gave Cai Chen four ounces of silver, Song Wenhui three ounces of silver and Song Ruxian eight ounces of silver. Acting as man and wife, he and Ms. Zhou took Gouer and stealthily went to Nanchong County to live. Afterwards the landlord Luo Wenguang saw the skeleton and was scared he would be implicated. He disposed of the skeleton on Long Bihua’s land.

On the 16th day of the 8th month in 16th year of the Qianlong reign (October 5, 1751) the deceased’s younger brother Wen Shaobang made a complaint to the previous prefect, Shen Shengzu (沈繩祖) summoned each criminal to court and investigated the previous events. He jointly reported to his superiors with the previous Tongliang county magistrate Tian Gong (天珙) collected the skeleton, recorded the depositions and requested permission to try the case. The in turn they jointly performed the autopsy, filled in the forms, forwarded all the documentation, requested approval to order the arrest of the escaped criminal Cai Chen, and devoted every effort to capture him. All the other suspects and witnesses were interrogated and transferred at once. Immediately runners were chosen to press for the arrest and sent to the original residence of Cai Chen in Xiuwen County. The local magistrate replied that the said criminal had not returned. Since it had been a long time since arrest permission was requested to take the criminals in custody and proceed with the trial. Privately the deceased’s relatives were brought to court. The criminals were examined in court one by one were interrogated about the previous events without concealing anything.

Ms. Zhou, in accord with the law that punishes the premeditated killing of a husband with lingering death, should be sentenced to lingering death. Yuan Ren, in accord with the law that punishes engaging in illicit sex, premeditated killing, and afterwards absconding with the seduced wife as his own wife with immediate decapitation, should be sentenced to immediate decapitation. According to the substatute, first tattoo him. Song Wenhui, in accord with the law that punishes an accessory to premeditated homicide who does not actively engage in the violence with one hundred blows and exile of three thousand li (里), should be give one hundred blows and exiled 3000 li reducing the blows to 40 6 at the site of exile.

Song Ruxian was the chief instigator of the plot to run off with Ms. Zhou but did not know of the premeditated murder. He should be sentenced according to he law that punishes the ringleader in an abduction to banishment to a malarial area on the Yunnan, Guangxi Guangdong border but the punishment is too light for a Guizhou resident. 7 According to the substatute he should be assigned banishment four thousand li to the extreme border where his beating should be reduced from one hundred strokes to forty strokes. Inform local officials to stringently monitor and restrain him.

According to his testimony, Song Wenhui has no wife or home. Song Ruxian has a wife, Ms. Pu. These transgressions occurred prior to the revision of the statute regarding whether or not a wife will accompany the criminal in exile. According to the original law let it be self-determined.

Song Wenbing in addition to the lesser offense of knowing that someone was plotting to harm another and not stopping it or making a complaint, according to he law of being an accessory with knowledge of an abduction should receive one hundred blows and one year of penal servitude. The blows should be reduced to forty.

Luo Wenguang according to the law for not reporting a dead body on his land for official investigation and moving the remains should be punished with on hundred blows. The blows should be reduced to forty.

Ms. Pu, abetted and was an accessory to adultery, according to the “doing what should not be done” law 8 should receive eighty blows. She is a woman so according to law she shall be fined instead. These matters occurred prior to several imperial amnesties should they be pardoned?9

Pan Pinshan, Zhang Xueyi attempted to arrange a marriage without success and did not know of the plotted abduction or the circumstances of the premeditation they should not be punished. Request the release from custody of all other uninvolved parties. 10 The ill-gotten silver that Song Wenhui and other received should be confiscated by the officials. The child, Gouer is already be raised by the deceased’s brother. The remains of the deceased have been given for burial.

Serious efforts continue to be devoted to apprehending the escaped criminal Cai Chen. Upon arrest he will be separately tried.

All criminals await transfer for retrial at the prefecture.

Chongqing prefect Xu Zheng’en (徐正恩)and Provincial Judicial Commissioner Zhou Wan (周琬) retried the case without difference. The Case was forward to this official, I have seen the report of Yuan Ren and Ms. Zhou’s adultery and premeditated murder of her husband Wen Shaolong. I have found that Yuan Ren and Wen Shaolong did not know each other. Wen Shaolong was a Hebei resident who went to Guizhou where he married Ms. Zhou. Wen Shaolong took Ms. Zhou to Lezhi County in Sichuan. They lived there with Wen Shaolong’s younger brother Wen Shaobang. They had a son, Gouer. They were poor. In the 9th month of the 12th year of the Qianlong reign they arrived in Hezhou to beg. They lived in Zhang Xueyi’s empty storehouse. Later, Song Ruxian’s wife Ms. Pu, because she and Ms. Zhou were fellow villagers, gave them rice. In turn, they moved to Ms. Pu’s home. Wen Shaolong wanted to marry his wife off. Song Ruxian then informed his neighbor Yuan Ren. Because the woman had a husband, Yuan Ren’s maternal cousin, Pan Pinshan, Zhang Xueyi and others told him he must petition for official permission on then could he carry this out. Wen Shaolong and others went together to the prefecture capital but at that time the previous prefect was away on business. Before completing the petition they left.

In the 12th month Yuan Ren went to Song Ruxian’s home. Ms. Zhou saw him and decided she wanted to marry him. Secretly she gave Ms. Pu her earring to give to Yuan Ren as a memento. That night they had illicit sex. Yuan Ren also wanted to marry and promised to give Song Ruxian 8 ounces of silver to make this possible. Unexpectedly Wen Shaolong later was unwilling to sell his wife in marriage.

On the 18th day of the 1st month of the 13th year of the Qianlong reign (February 16, 1748) Wen wanted to take his wife and return to Le Yi (Capital of Lezhi County). Song Ruxian secretly arranged with Ms. Zhou to abscond with Yuan Ren on the road. He ordered his nephew by marriage Cai Chen to inform Yuan Ren and he sent his son, Song Wenbing and his nephew Song Wenhui along with them. They followed behind to Nanjin Street where they caught up and successively traveled with them. Ms. Zhou thought that it would be difficult to lose her husband. She suddenly had murderous intent. She secretly enjoined Song Wenhui to tell Yuan Ren to purchase poison. Because there was nowhere to buy poison, Yuan Ren, instructed Ms. Zhou to twist Wen Shaolong’s privates until he died. They secretly plotted and decided to do this.

On the 26th Yuan Ren asked Song Wenbing to go ahead to an abandoned temple in Longshengkou in Tongliang County. Yuan Ren only then told song Wenbing the reason they were there. Song Wenbing strongly urged him not to do it.

Night arrived and Cai Chen and Song Wenhui led Wen Shaolong and Ms. Zhou there and they slept under a tree. At the second watch Ms. Zhou twisted Wen Shaolong’s testicles. Wen Shaolong cried out. Ms. Zhou called Cai Chen who then used a handkerchief to plug his mouth and punched his left ribs. Yuan Ren used a stone to hit his left shoulder and left ankle. He also seized his throat and twisted his right arm and pinned his chest. Using his knee he pressed down on his left ribs. Cai Chen used firewood to repeatedly strike his left and right arms. After a while Wen Shaolong died.

They moved the corpse to an uncultivated hillside. To thank them Yuan Ren one by one gave Cai Chen four ounces of silver, Song Wenhui three ounces of silver and Song Ruxian eight ounces of silver. Acting as man and wife, he and Ms. Zhou took Gouer and stealthily went to Nanchong County to live. Afterwards the landlord Luo Wenguang saw the skeleton and was scared he would be implicated. He disposed of the skeleton on Long Bihua’s land.

After the deceased’s younger brother, Wen Shaobang, made a complaint and an investigation was ordered. Repeated investigations and testimony reveal without a doubt according to the Provincial Judicial Commissioner Zhou Wan’s investigation and draft sentence, I further interrogated and found no differences.

Ms. Zhou, in accord with the law that punishes the premeditated killing of a husband with lingering death, should be sentenced to lingering death. Yuan Ren, in accord with the law that punishes engaging in illicit sex, premeditated killing, and afterwards absconding with the seduced wife as his own wife with immediate decapitation, should be sentenced to immediate decapitation. According to the substatute, first tattoo him. Song Wenhui, in accord with the law that punishes an accessory to premeditated homicide who does not actively engage in the violence with one hundred blows and exile of three thousand li (里), should be give one hundred blows and exiled 3000 li reducing the blows to 40 11 at the site of exile.

Song Ruxian was the chief instigator of the plot to run off with Ms. Zhou but did not know of the premeditated murder. He should be sentenced according to he law that punishes the ringleader in an abduction to banishment to a malarial area on the Yunnan, Guangxi Guangdong border but the punishment is too light for a Guizhou resident. 12 According to the substatute he should be assigned banishment four thousand li to the extreme border where his beating should be reduced from one hundred strokes to forty strokes. Inform local officials to stringently monitor and restrain him.

According to his testimony, Song Wenhui has no wife or home. Song Ruxian has a wife, Ms. Pu. These transgressions occurred prior to the revision of the statute regarding whether or not a wife will accompany the criminal in exile. According to the original law let it be self-determined.

Song Wenbing in addition to the lesser offense of knowing that someone was plotting to harm another and not stopping it or making a complaint, according to he law of being an accessory with knowledge of an abduction should receive one hundred blows and one year of penal servitude. The blows should be reduced to forty.

Luo Wenguang according to the law for not reporting a dead body on his land for official investigation and moving the remains should be punished with on hundred blows. The blows should be reduced to forty.

Ms. Pu, abetted and was an accessory to adultery, according to the “doing what should not be done” law should receive eighty blows. She is a woman so according to law she shall be fined instead. These matters occurred prior to several imperial amnesties should they be pardoned?

Pan Pinshan, Zhang Xueyi attempted to arrange a marriage without success and did not know of the plotted abduction or the circumstances of the premeditation they should not be punished. The ill-gotten silver that Song Wenhui and other received should be confiscated by the officials. The child, Gouer is already be raised by the deceased’s brother. The remains of the deceased have been given for burial.

Serious efforts continue to be devoted to apprehending the escaped criminal Cai Chen. Upon arrest he will be separately tried.

All other uninvolved parties should be released from custody.

I respectfully memorialize on bended knees to Your Majesty for wise criticism and commands to his judicial officials to reconsider and reread the case and carry out a reexamination of this case. On the 16th day of the 8th month in 16th year of the Qianlong reign the matter was reported to officials. The time limit for concluding the case should begin from the 20th day of the 10th month in 17th year of the Qianlong reign, the day when officials jointly summoned the deceased’s relative Wen Shaobang. Excluding time when official business is not conducted and travel time no deadlines were exceeded. Everything has been clearly reported. End quote.

On 3rd day of the 7th month in 18th year of the Qianlong reign memorialized. On the 9th day of the 9th month the imperial order to the Court of Revisions was memorialized and respectfully copied and sent to the Board of Punishments.

This official jointly with the censorate and the court of revisions finds that Hezhou resident, Yuan Ren and Ms. Zhou committed adultery and premeditated murder of her husband Wen Shaolong. According toe h Sichuan Govern General Huang Tinggui’s (黃廷桂) report, Yuan Ren and Wen Shaolong did not know each other. Wen Shaolong was a Hebei resident. Wen Shaolong took his wife, Ms. Zhou to Lezhi County in Sichuan and lived there with Wen Shaolong’s younger brother Wen Shaobang. Because they were poor in the 9th month of the 12th year of the Qianlong reign they arrived in Hezhou to beg. They lived in Zhang Xueyi’s empty storehouse. Song Ruxian’s wife Ms. Pu, because she and Ms. Zhou were fellow villagers, gave them rice. In turn, they moved to Ms. Pu’s home. Wen Shaolong wanted to marry his wife off. Song Ruxian then informed his neighbor Yuan Ren. Yuan Ren informed Zhang Xueyi and others who told him he must petition for official permission on then could he carry this out. Wen Shaolong and others went together to the prefecture capital but at that time the previous prefect was away on business. Before completing the petition they left.

In the 12th month Yuan Ren went to Song Ruxian’s home. Ms. Zhou saw him and decided she wanted to marry him. Secretly she gave Ms. Pu her earring to give to Yuan Ren as a memento. That night they had illicit sex. Yuan Ren also wanted to marry and promised to give Song Ruxian 8 ounces of silver to make this possible. Unexpectedly Wen Shaolong later was unwilling to sell his wife in marriage.

On the 18th day of the 1st month of the 13th year of the Qianlong reign (February 16, 1748) Wen wanted to take his wife and return to Le Yi (Capital of Lezhi County). Song Ruxian secretly arranged with Ms. Zhou to abscond with Yuan Ren on the road. He ordered his nephew by marriage Cai Chen to inform Yuan Ren and he sent his son, Song Wenbing and his nephew Song Wenhui to catch up to them and travel with them. Ms. Zhou thought that it would be difficult to lose her husband. She suddenly had murderous intent. She secretly enjoined Song Wenhui to tell Yuan Ren to purchase poison. Because there was nowhere to buy poison, Yuan Ren, instructed Ms. Zhou to twist Wen Shaolong’s privates until he died. They secretly plotted and decided to do this.

On the 26th Yuan Ren asked Song Wenbing to go ahead to an abandoned temple in Longshengkou in Tongliang County. Yuan Ren only then told song Wenbing the reason they were there. Song Wenbing strongly urged him not to do it.

Night arrived and Cai Chen and Song Wenhui led Wen Shaolong and Ms. Zhou there and they slept under a tree. At the second watch Ms. Zhou twisted Wen Shaolong’s testicles. Wen Shaolong cried out. Ms. Zhou called Cai Chen who then used a handkerchief to plug his mouth and punched his left ribs. Yuan Ren used a stone to hit his left shoulder and left ankle. He also seized his throat and twisted his right arm and pinned his chest. Using his knee he pressed down on his left ribs. Cai Chen used firewood to repeatedly strike his left and right arms. After a while Wen Shaolong died.

They moved the corpse to an uncultivated hillside. To thank them Yuan Ren one by one gave Cai Chen four ounces of silver, Song Wenhui three ounces of silver and Song Ruxian eight ounces of silver. Acting as man and wife, he and Ms. Zhou took Gouer and stealthily went to Nanchong County to live. Afterwards the landlord Luo Wenguang saw the skeleton and was scared he would be implicated. He disposed of the skeleton on Long Bihua’s land.

After the deceased’s younger brother, Wen Shaobang, made a complaint and an investigation was ordered. Repeated investigations and testimony reveal without a doubt Ms. Zhou, in accord with the law sentenced to lingering death. Yuan Ren, in accord with the substatute should be sentenced to immediate decapitation. First tattoo him. Song Wenhui is sentenced to exile. Song Ruxian is sentenced to banishment. Song Wenbing is sentenced to penal servitude. Luo Wenguang and others are sentenced to a flogging. Escaped criminal Cai Chen will be separately tried. End quote

This memorial has been put forth.

According to what the said governor has memorialized. Ms. Zhou, in accord with the law that punishes the premeditated killing of a husband with lingering death, should be sentenced to lingering death. Yuan Ren, in accord with the law that punishes engaging in illicit sex, premeditated killing, and afterwards absconding with the seduced wife as his own wife with immediate decapitation, should be sentenced to immediate decapitation. The said governor also reported that Song Wenhui, in accord with the law that punishes an accessory to premeditated homicide who does not actively engage in the violence with one hundred blows and exile of three thousand li(里), should be give one hundred blows and exiled 3000 li reducing the blows to 40 13at the site of exile.

Song Ruxian was the chief instigator of the abduction but did not know of the premeditated murder. He should be sentenced according to the law that punishes the ringleader in an abduction to banishment to a malarial area on the Yunnan, Guangxi Guangdong border but the punishment is too light for a Guizhou resident. 14 According to the substatute he should be assigned banishment four thousand li to the extreme border where his beating should be reduced from one hundred strokes to forty strokes. Inform local officials to stringently monitor and restrain him.

Song Wenhui definitely has no wife or home. Song Ruxian has a wife, Ms. Pu. These transgressions occurred prior to the revision of the statute regarding whether or not a wife will accompany the criminal in exile. According to the original law let it be self-determined.

Song Wenbing in addition to the lesser offense of knowing that someone was plotting to harm another and not stopping it or making a complaint, according to he law of being an accessory with knowledge of an abduction should receive one hundred blows and three years of penal servitude.; The blows should be reduced to forty.

Luo Wenguang according to the law for not reporting a dead body on his land for official investigation and moving the remains but not losing the remains should be punished with on hundred blows. Since it was the busy period for litigation, according to law reduce the penalty one level.

Ms. Pu, abetted and was an accessory to adultery, according to the “doing what should not be done” law should receive eighty blows. She is a woman so according to law she shall be fined instead. These criminal matters occurred prior to several imperial amnesties and should be pardoned.

Zhang Xueyi and other did not know of the premeditated matters. They all should avoid punishment.

The ill-gotten silver that Song Wenhui and other received should be confiscated by the officials. Escaped criminal Cai Chen will be separately tried. End quote.

All reported as said Governor so memorialized and concluded.

I respectfully present this and request imperial orders.

There follows a list of all officials who served on the review and a two page “executive summary.”

 

1 Uses 令 which I am translating as instructed. It can mean to order someone but I think this is too strong given how the term is used throughout the report.

2 Standard phrase used in legal documents. It signals to the officials judging
the case the that is the first instance that anyone contemplated killing. In effect, it absolves Song Ruxian from complicity in the murder.

3 Wen Shaobang uses the form of the first person pronoun that implies he has social status or may be a lower level degree holder. All others who were deposed used the humble forms of the first person pronoun.

4 He says only to emphasize he was not involved in the subsequent plot to kill Wen.

5 http://www.efloras.org/florataxon.aspx?flora_id=3&taxon_id=200010581

6 The reduction of the number of blows did not represent a reduction in the penalty. Rather the size and weight of the bamboo used in caning had changed since the law had been written. Fewer blows were administered to compensate for the increase heft of the cane.

7 The important variable is the distance from the offender’s home.

8 This was a catch-all
statute used when there was no existing specific statute against
the “illegal” behavior.

9 This case
is unusual in that several years had passed before the crime had been uncovered. Imperial amnesties were offered on special occasions but did not necessarily apply to all crimes. In this case, they might apply to the lesser crimes but not to Ms. Zhou or Yuan Ren.

10 Under Chinese law all parties to an investigation including witnesses could be held in custody during an investigation.

11 The reduction of the number of blows did not represent a reduction in the penalty. Rather the size and weight of the bamboo used in caning had changed since the law had been written. Fewer blows were administered to compensate for the increase heft of the cane.

12 The important variable is the distance from the offender’s home.

13 The reduction of the number of blows did not represent a reduction in the penalty. Rather the size and weight of the bamboo used in caning had changed since the law had been written. Fewer blows were administered to compensate for the increase heft of the cane.

14 The important variable is the distance from the offender’s home.

 

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