123 Ward, Angus I.: Telegram
The Consul General at Peiping (Clubb) to the Secretary of State
[Received November 28—9:29 a. m.]
2113. Kwang Ming Jih Pao November 27 carried news item from New China News Agency, Mukden despatch November 26, entitled “American Nationals in Shenyang Given Sentences for Beating Chinese Workman”. Substantial translation follows:
Verdict in trial of lawsuit involving imperialist elements headed by American national Ward who collectively beat Chi Yu-heng, Chinese laborer, and unreasonably made deductions from his wages, a case which has aroused common indignation of people of Shenyang municipality and all northeast provinces, was announced by People’s Court in Shenyang municipality on November 21. Principal criminal Ward was given sentence of 6 months and his accomplices R. C. Rehberg (American) and A. Kristan (German) each a sentence of 4 months, while F. Cicogna (Italian) and S. Tatsumi (Jap-American) [Page 1025] each a sentence of 3 months. Sentences of 5 criminals are to be suspended for period of 1 year. Five criminals are to be deported from territory. Ward was ordered to pay Chi Yu-heng US $105 as three and half months’ terminal leave pay, US $60 as 2 months severance pay, and US $9 as wages for 9 days. Retirement deductions are to be refunded in their entirety. Above sums of money are to be paid in local currency calculated at market rate. In addition, $1,365,000 local currency for medical expenses and $2,500,000 local currency as compensation for losses of earnings must be paid Chi Yu-heng.
It may be recalled that murderous criminal Ward and company unreasonably and forcibly dismissed Chinese workman Chi Yu-heng on September 29 and collectively assaulted him twice on October 11 when he came to them demanding payment of various wages and allowances due him, and attacked Chi Yu-feng, his brother, who attempted to intervene in dispute. Shenyang Muni Bureau of Public Security, acting on appeal of 35 Chinese employees and workers at No. 38 San Ching Lu, summoned murderous criminal Ward and company for interrogation and detained them. After undergoing series of interrogations, case was given to Shenyang municipal People’s Court for trial.
Criminals were interrogated by court total of five times. Victims Chi Yu-heng and Chi Yu-feng also were summoned for questioning. Witnesses Tsou Yuan-chi, Yu Yung-pin, Chi Ti-chih, Keng Chen-tung, Wu Han-chang, Li Chun-fang and Chang Chung-ying were interrogated several times and on two occasions they were summoned to court to confront criminals. Besides utilizing two photographs taken at spot where Ward and his accomplices committed their atrocity, which showed the wounded Chi Yu-heng sprawling on ground and wound on his right temple, medical report concerning wound by court doctor and medical reports by doctors of the municipal hospital as evidence, the chief judge of court also personally visited the locality in question at time of trial in order to make an investigation. Basing its action on bill of indictment of municipal Bureau of Public Security and evidence obtained by court from interrogation and investigations, which were studied carefully, court opened trial at noon, November 21. The verdict was announced at 6 p. m. and trial ended at 7:00 on same day. At conclusion of the trial, Ward and company immediately returned to No. 38 San Ching Lu.
At both final open trial in court and at time of announcement of verdict, over 30 delegates representing Chinese employees and workers at 38 San Ching Lu, Northeast General Trade Union, Shenyang municipal Trade Union and other organizations, as well as William Stokes, American national of No. 38 San Ching Lu, were present as auditors.
Court was opened by Procurator General of Bureau of Public Security [garbled group] Shenyang Municipal People’s Government’s reading bill of indictment. Then Chang Yun-lung, President [garbled group] currently Chief Judge of the municipal People’s Court, and Judges Chang Shih-hsia and Cheng Yuan-yu, proceeded with trial. Victim Chi Yu-heng and witness Yu Yung-pin appeared before court to correct versions of the incident as presented by criminal Ward and accomplices. Evidence in form of individuals and documents were present and case was concluded. The criminals signed their names to their confessions and admitted they had not been maltreated [Page 1026] during their detention and that attitude of authorities toward them had been good.
After chief judge had solemnly announced the verdict, criminal Ward and company were silent. With exception of American national Stokes, those who attended the trial as auditors showed joy in their faces and evidently felt very happy. This proves once again that Chinese people are not to be insulted and that laws and codes of Chinese People’s Government are dignified. Those who dare to encroach on our people’s rights and violate laws and codes of our People’s Government shall be given legal punishment that is due them. End translation.
Tientsin and Mukden by mail.
Sent Department 2113, repeated Nanking 1186, Shanghai 1231.