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Prisoners wait to be tried in Jemulpo (modern Incheon) circa 1902. / Robert Neff Collection |
By Robert Neff
On Oct. 27, 1884, three policemen accused of badly beating a British citizen were put on trial in Incheon. This may have been the first mixed court in Korea involving a British citizen.
Although he had insisted that he would attend, W.G. Aston, the British Consul-General, decided not to (possibly because the Korean governor was not presiding over the trial) and instead sent his assistant, James Scott.
Scott was "courteously received" by Hong Sun-hak, the prefect of Incheon, who assured his guest that "he was prepared to inflict punishment there and then in [his] presence." Scott suggested that it might be well to ascertain conjointly the facts of the case and hear any defense the accused might have to make." Apparently this suggestion pleased Hong and he immediately began making preparations for a real trial and not just a display of punishment.
The trial took place in the prefect's hall which, located on a low ridge overlooking the town, was "a very convenient and picturesque courtroom," he described.
"Two European chairs were brought forward and motioning me to occupy the one on the east, the place of honour due to a guest, the Prefect quietly seated himself on the other and called upon the clerk to form the court."
Minor officials, attendants and runners soon gathered on the terraces surrounding the courtyard and the clerk read aloud the prisoners' dispositions taken at Namyang. After this was completed, the clerk called for the prisoners to be brought. Within a few minutes, several runners and attendants appeared with "the three prisoners who, heavily cangued, threw themselves as best they could with such large planks of wood encircling their neck, prostrate on the ground facing the court. The runners and attendants drew themselves up on either side as guards."
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Korean prisoners in cangues, circa 1890s-1900s / Robert Neff Collection |
The three prisoners ― Jeong Sai-hui, Lee Bang-seok and Park Gwi-han ― each acknowledged their name by "kowtowing and prostrating themselves" when called. Jeong, the senior prisoner, was commanded to give his account of the events that transpired near Namyang.
"In a long statement delivered with considerable fluency and rhetorical effect," he admitted that he was with seven or eight people who, "armed with coarse sticks," beat the Englishman, D.R. Thomas, as he was lying beneath a tree. Fearing that Thomas would attempt to escape, they bound his hands behind his back and marched him to Namyang. Jeong claimed he never struck the Englishman but acknowledged his fellow prisoners were among the assailants who had administered the beating.
Thomas, accompanied by the British consulate's constable (Leonard A. Hopkins), was the next to appear before the court. He presented his side of the story and claimed that "he had never threatened, either in language or manner, any of the police."
The Englishman's injuries were then examined by the prefect. Although the beating had occurred almost a month earlier, the bruises and swelling were still very much evident and the prefect professed "extreme regret" and "assured [Thomas] of his sympathy under the sufferings which he must have undergone" both during the beating and the subsequent painful walk to Namyang. "He was truly sorry for the whole affair, and hoped that Thomas would soon recover from his wounds."
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Awaiting judgment in the late 19th century / Robert Neff Collection |
Thomas was asked to look closely at the three prisoners and identify which ― if any ― had taken part in the assault. The prisoners, "who hitherto had remained kneeling with their faces towards the ground, were now ordered to look up." Thomas verified that each of the men had been present but Jeong had never struck him. This was too much for Lee. He claimed he never struck the Englishman and had treated him with kindness ― gave him water to drink and even "wiped the perspiration from his forehead."
Thomas admitted Lee had given him water and wiped his face but insisted Lee had taken part in the beating. When asked why he would accept water and minor kindnesses from his attacker, Thomas explained that have been so severely beaten and with "his hands so firmly tied behind his back, he could not help himself, and that under the circumstances he was glad to appeal to anyone for assistance."
Having heard the evidence, the prefect turned to Scott and, "in palliation of the conduct of the police," explained that when they were given the arrest warrant they were fully aware that if they failed to return with Thomas they were subject to being punished ― a severe flogging. Hong suggested the police were truly "apprehensive, as they declared, of Thomas effecting his escape," and for this reason they had tied his hands behind his back.
There was, however, no doubt that the police had severely mistreated Thomas and would need to be punished. Both Scott and Hong agreed that, considering the incident had become a diplomatic issue, the matter of punishment should be decided by Kim Hong-jip, the governor of Gyeonggi Province.
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A Korean prisoner receives his punishment in the late 1890s. / Courtesy of Diane Nars collection |
On Oct. 31, Governor Kim sent a report of his own investigation into the matter to Consul-General Aston. This included the testimony of the accused.
Park Gwi-han testified: "I was driving some oxen home when the constables asked me to help them, so I hit him [Thomas] on the arm twice with my ox-whip. I did no further wrong to him than that."
Lee Bang-seok was adamant that he was innocent and being "very hardly used." He claimed he never had a stick so it was impossible for him to have struck Thomas. He further suggested that the bruises the Englishman had received were the result of falling down.
Jeong, who had testified extensively at the trial in Incheon, was found innocent of the charges and was subsequently released. As for Lee and Park ― who claimed to be victims of injustice ― Governor Kim commanded that they receive "a further severe bambooing." Once their sentences to the cangue were complete they were to be dismissed.
Consul-General Aston wrote that the "severe bambooing" was "a sentence which appears to me to satisfy justice." His superior, Sir Harry Parkes, the British minister to Korea, was also quite pleased with the results and complimented the Korean authorities for resolving the issue in "good faith." He also commended Aston for his role in seeking justice for the "ill-treated" Thomas and especially praised Scott for providing "his interesting report of the procedure of the Court of the Prefect of [Incheon]."
There is, however, one part of the story that is missing: what punishment did Thomas receive for not complying with a summons to appear at the British consulate and his failure to pay his debts? Unfortunately we don't know. Perhaps the severe beating he had received by the Korean police was considered punishment enough or, if he did receive further punishment, it has simply been lost with the passage of time.
Robert Neff has authored and co-authored several books including, Letters from Joseon, Korea Through Western Eyes and Brief Encounters.