CHAPTER VIII.

CRIMES AND PUNISHMENTS.

Crimes against property are rare in Japan, which is owing to the

high-spirited and honourable feelings that actuate all classes of the

community; but from the feudal nature of the government, the small

value attached to life, and the deadly weapons constantly carried, by

the military classes, who are notoriously proud and revengeful, crimes

against the person are very frequent.

A great check upon criminal offences is the severity of the

punishments inflicted, and the disgrace entailed upon the culprit's

family.

Although the laws are extremely severe, and in their administration

there is neither jury nor counsel, justice is delivered with great

impartiality; and the judge, who is generally the governor of the town

or district in which the offence has been committed, is entrusted with

considerable discretionary power.

When a prisoner is being examined his arms are bound to his sides by a

rope, which also passes round his neck, the end of which is held by an

official, who, if his charge prove unruly, manages him by pulls and

jerks.

'Thrashemono,' or 'public exposure,' is associated with all Japanese

punishments, and is said to be in itself a great preventive of crime,

as the spirited Japanese dread being held up to the reprobation of

their acquaintance more than they fear the extreme penalty of the law.

[Illustration: MODE OF CONDUCTING A CRIMINAL TO EXECUTION.]

The illustration, showing the mode of conducting a criminal to

execution, is an instance of 'thrashemono.' The culprit is bound on a

horse, and is preceded by a placard, borne by his relatives or

neighbours, and indicating his crime. In this manner he is conducted

through the town to the place of execution, where his sentence is read

to him. He is then placed (with his limbs still bound) over a

freshly-dug hole, where he is supported by his relatives till the

executioner's sword performs its task.

After execution, the heads of malefactors are generally exposed: that

of Simono Sedgi (the lonin who was decapitated in the presence of the

British garrison of Yokohama, for being the organizer of the

assassination of Major Baldwin and Lieutenant Bird of Her Majesty's

20th Regiment) was exhibited on the public stand at the guard-house at

the entrance of the town.

This man was a fair specimen of the lonin type, and was a most

determined ruffian, whose whole life had been a career of crime.

When exposed in the streets of Yokohama the day preceding his

execution, he conducted himself with great bravado, remarking on the

improvements in the town since he last visited it, and expressing his

regret that he had not killed a consul.

At the place of execution he made an impassioned speech, in which he

declared that he was a gentleman by birth, and had studied the arts

and sciences, and never believed the government would sacrifice a

Japanese for the death of a foreigner. He said that the days would

come when they would repent the encouragement they were now giving to

strangers; and ended by complimenting the executioner on his

well-known skill.

The lonin differs from the ordinary criminal, and is thus ably

described by the highest authority on Japanese matters:[4]--

'As a noble or head of a house is responsible for all who are of his

family, or claim his protection, when any of his people are resolved

upon a desperate enterprise they formally renounce the protection and

declare themselves "lonins;"--in other words, outlaws, or friendless

men: after which no one is responsible for their acts, and this is

considered a highly honourable and proper thing to do.

[Footnote 4: Sir Rutherford Alcock. See 'Capital of the Tycoon.']

The worst of this system is, that any one harbouring or assisting a

lonin endangers his head; and such men are, therefore, compelled to

resort to robbery and extortion as means of supporting themselves. It

generally happens that this legalised method of taking the law into

their own hands drives those who avail themselves of it into a series

of crimes, and frequently they become the associates of common

thieves.

Of the gang represented in the illustration as robbing a rich

merchant's house, one or two probably are lonins, the rest being

thieves in disguise.

The servants, kowtowing before two men, whose naked swords plainly

intimate the consequences of any attempt to give alarm, or to offer

resistance to their demands, have apparently been collecting all the

money in the house and are laying it before the thieves. The oblong

boxes are iron safes, in which the Japanese keep their money.

From the position of the other members of the gang, it is evident that

they have not got all they require, and are watching something going

on in the interior of the house. They have probably learnt that the

merchant has to forward some money for the purchase of goods by a

certain date, and know exactly how much to expect.

In the spring of 1865 the Tycoon, in levying a tax on the Yeddo

merchants, congratulated them on the fact that the portion of the

country under his immediate control was exempt from the depredations

of lonins; but notwithstanding this statement, a robbery of the nature

described took place in the capital immediately after the issue of the

Tycoon's manifesto, and a lonin concerned in it gave as an excuse for

his conduct, that he had learnt that the money was intended for

foreigners, who were settled in the country in opposition to the laws

of Gongen Sama, which had never been revoked.

With such dread are these men regarded by the non-combatant classes,

that it frequently happens that one or two will go into a village and

extort what they require without the slightest resistance being

offered.

[Illustration: LONINS, OR OUTLAWS, ROBBING A RICH MERCHANT'S HOUSE.]

[Illustration: EXPOSURE FOR INFIDELITY.]

As a rule, Japanese punishments resemble those inflicted by the

Chinese, and seem to be based on the Mosaic principle of 'an eye for

an eye and a tooth for a tooth.' Arson, for instance, is punished at

the stake; and a thief who endeavours to conceal the results of his

robberies by burying them, has the disadvantages of that mode of

concealment impressed upon him, by being himself embedded for a day or

two in the ground, with only his head out--a mode of instruction that

rarely requires a repetition of the lesson.

_Apropos_ of this punishment is the testimony of an eye-witness, who,

in passing the public execution place at Yeddo, noticed a head on the

ground, which he supposed to have been recently struck off. He had

turned away with a shudder, when a laugh from the bystanders caused

him to look again, when, to his great astonishment, the head was

vigorously puffing at a pipe which the facetious executioner had a few

moments before been smoking himself.

The last illustration shows a man and woman undergoing public exposure

for adultery--a crime which is rare in Japan and which is punished

with great severity.

With such detestation is it regarded, that, in addition to all legal

cognizance, the husband is permitted, in certain instances, to avenge

himself by taking the lives of the offenders upon the spot.

The board on the right contains the official intimation of the crime.

The curious instruments depicted in the woodcut are Japanese emblems

of justice and are to be seen at all the guard-houses; they are used

to catch runaway offenders or to pin a drunken yaconin against a wall

or house, and so facilitate the task of disarming him without danger

to the captors.

[Illustration: Sodingarami, Satsumata, and Squobo.]

Although the Japanese use torture to extract information from

obstinate criminals, they employ all necessary caution to preserve

life; and a doctor and responsible officer are always present when it

is employed, as representatives of the respective claims of humanity

and justice. A singular punishment, to which only the nobles of the

country are liable, is secret banishment to the island of Fatzisiu,

which is situated on the northern coast of the empire. It is small and

barren, rising perpendicularly from the sea. The only communication

with it is by means of a basket, which is lowered from an overhanging

tree to the water, a distance of about fifty feet.[5] From this island

there is no return, and the unhappy, incarcerated nobles, are

compelled to support themselves by weaving silks, which are the most

beautiful the country produces. A junk visits the island once a-year,

when the silks are exchanged for provisions.

[Footnote 5: In 1853 an English man-of-war visited this island, and

two of the officers were hoisted up in the basket for the purpose of

taking sights. One of them, who was my informant, describes it as a

walled-in barren island, with no other mode of ingress or egress than

that described.]

Sketches of Japanese Manners and Customs · 第 8 / 12 章