"There are but two roads that lead to the gate of
Eternal Life:
Either one bores his head in the mud like a worm,
or like a dragon flies up high into the sky."
Ever since that strange visit these lines had been buzzing in his thoughts. Judge Dee sighed. He would leave it to the old master to decide for him. He would explain which of the two roads the judge should take.
When he had come to the foot of the mountain ridge Judge Dee jumped from his horse. He called a peasant who was working in his field nearby and asked him to look after the animal.
As the judge turned to begin the ascent, two wood gatherers came down the mountain path. They were an old couple, their faces were wrinkled and their hands as gnarled as the dry wood they were carrying on their backs.
The man halted in his steps. He put his load of faggots down. Wiping the perspiration from his forehead, he looked up at the judge and asked politely:
"Where might the gentleman be bound for?"
"I am on my way to visit Master Crane Robe", the judge answered curtly.
The old man slowly shook his head.
"You will not find him, my lord", he said. "Four days ago we found his house empty. The door was slamming in the wind and the rain had spoilt all his flowers. Now I and my old woman here use that house for storing our wood."
A feeling of utter loneliness assailed the judge.
"You can save yourself the trouble of going up there, my lord!", said the peasant and handed the reins back to Judge Dee.
As the judge took them absent-mindedly he asked the wood gatherer:
"What happened to the old master? Did you find his dead body?"
A sly smile rippled over the wrinkled face as the old man slowly shook his head.
"Men such as him", he replied, "don't die like you or me, my lord! They never really belong to this world to begin with. In the end they fly up into the azure vault of heaven like a winged dragon. They leave nothing but emptiness behind!"
The old man shouldered his burden and went his way.
Suddenly understanding flashed through Judge Dee's mind. This then was the answer!
He said with a smile to the peasant:
"Well, I belong very much to this world of ours! I shall continue boring my head into the mud!"
He swung himself in the saddle and rode back to the city.
POSTSCRIPT
A feature all old Chinese detective stories have in common is that the role of detective is always played by the magistrate of the district where the crime occurred.
This official is in charge of the entire administration of the district under his jurisdiction, usually comprising one walled city and the countryside around it for fifty miles or so. The magistrate's duties are manifold. He is fully responsible for the collection of taxes, the registration of births, deaths and marriages, keeping up to date the land registration, the maintenance of the peace etc., while as presiding judge of the local tribunal he is charged with the apprehension and punishing of criminals and the hearing of all civil and criminal cases. Since the magistrate thus supervises practically every phase of the daily life of the people, he is commonly referred to in Chinese as the 'Father-and-mother Official'.
The' magistrate is a permanently overworked official. He lives with his family in separate quarters inside the compound of the tribunal, and often spends his every waking hour upon his official duties.
The district magistrate is at the bottom of the colossal pyramidal structure of ancient Chinese government organization. He must report to the prefect, who supervises ten or more districts. The prefect reports to the provincial governor, who is responsible for several prefectures. The governor in his turn reports to the central authorities in the capital, with the Emperor at the top.
Every citizen in the Empire, whether rich or poor and without regard for social background, could enter official life and become a district magistrate by passing the literary examinations instituted by the Government. In this respect the Chinese system was already a rather democratic one at a time when Europe was still under strict feudal rule.
A magistrate's term of office was usually three years. Thereafter he was transferred to another district, to be in due time promoted to prefect. Promotion was selective, being based solely on actual performance.
The magistrate was assisted by the permanent personnel of the tribunal, such as the scribes, the warden of the jail, the coroner, the constables, the guards and the runners. These, however, only perform their routine duties. They are not concerned with the detection of crimes.
This task is performed by the magistrate himself, with the assistance of three or four trusted lieutenants. These he selects at the beginning of his career and they accompany him to whatever post he goes. The lieutenants are placed over the other personnel of the tribunal. Unlike the latter they have no local connections and are, therefore, less liable to let themselves be influenced by private considerations in the execution of their official duties. For the same reason it is an old-established rule that no official shall ever be appointed magistrate in his own native district.
The present novel gives a general idea of ancient Chinese court procedure. When the court is in session, the judge sits behind the bench, with his lieutenants and the scribes standing by his side. The bench is a high table covered with a piece of red cloth that hangs down in front from the top of the table till the floor of the raised dais.
On this bench one always sees the same implements: an inkstone for rubbing black and red ink, two writing brushes, and a number of thin bamboo staves in a tubular holder. These staves are used to mark the number of blows that a criminal should receive. If the constables are to give ten blows, the judge will take the corresponding number of markers and throw them on the floor in front of the dais. The headman of the constables will put apart one marker for every blow or blows given.
Next to these implements one will often see on top of the bench the large square seal of the tribunal, and the gavel. The latter is not shaped like a hammer as in the West. It is an oblong, square piece of hardwood of about one foot long. In Chinese it is significantly called ching-t'ang-mu 'Wood that frightens the hall'.
The constables stand in front of the dais, facing each other in two rows on left and right. Both plaintiff and accused must kneel on the bare flagstones between these two menacing rows, and remain so during the entire session. They have no lawyers to assist them, they may call no witnesses, so their position is generally not an enviable one. The entire court procedure was in fact intended to act as a deterrent, impressing on the people the awful consequences of getting involved with the law.
The magistrate's private office was usually located at the back of the court room, separated from the dais by a screen.
It is a fundamental principle of ancient Chinese law that no criminal can be pronounced guilty unless he has confessed to his crime. To prevent hardened criminals from escaping punishment by refusing to confess even when confronted with irrefutable evidence, the law allows the application of legal severities, such as beating with whip and bamboo, and placing hands and ankles in screws. Next to these authorized means of torture magistrates often apply more severe kinds. If, however, the accused should receive permanent bodily harm or die under excessive torture, the magistrate and the entire personnel of his tribunal are punished, often with the extreme penalty. Most judges, therefore, depend more upon their shrewd psychological insight and their knowledge of their fellow men than on the application of torture.
вернуться[3] In the novel itself all Chinese names are transcribed in such a way, that they can be easily pronounced. In this Postscript, however, I use the regular system of transcription used in most English sinological publications.