Justice at the British Legation in 1898: Constable James Stewart O'Neil: Part 1

The British legation in 1905 from A.G. Hyde Lay's book “Four Generations in China, Japan and Korea (1952). A very interesting read of diplomatic life in the 19th and early 20th centuries.

By Robert Neff

• Published Apr 9, 2023 1:52 PM KST
• Updated Apr 9, 2023 5:00 PM KST

By Robert Neff

In the late 19th century, many Koreans sought employment with foreign business firms, missionaries or various legations. Not only were the salaries better than those offered by Korean employers, but there were also a number of fringe benefits such as medical care, the opportunity to learn foreign languages and cultures, and, at times, elevated social status ― which could often be monopolized legally or illegally.

Lee Gyeong-pil was no different. He was a young Korean coolie (porter or day laborer) who applied for a job at the English Legation in Seoul in the spring of 1898. With the exception of a strong back, it isn't clear what qualifications he possessed ― in fact, we know very little about his life, except that it was short.

It is, of course, an assumption that Lee was happy to be hired on May 2 and began work immediately as an outside man ― a menial who ran errands and maintained the legation's grounds. For the first couple of days, things apparently went well until he encountered the legation's constable, James Stewart O'Neil.

John N. Jordan, the charge d'affaires, recalled that on the morning of May 6 (there are some discrepancies in the exact date depending on the sources), he was in his office talking with his assistant (Herbert A. Ottewill) and Dr. H. E. Baldock, an English missionary-doctor with Nak-tong Hospital in Seoul. Their conversation was abruptly interrupted when Jordan was called out to attend to Lee Gyeong-pil.

Lee, sitting on the office steps, complained that he had been savagely kicked and beaten by the legation's constable. According to Lee, the constable did not like the manner in which he had swept the courtyard and so he beat him. Although Lee claimed to have been viciously attacked, Jordan noted that “there was nothing noticeable about [Lee's] appearance except that he looked very thin and worn.”

Nonetheless, Jordan summoned O'Neil and demanded an explanation. O'Neil denied ever striking Lee. But Jordan was unconvinced. He “spoke to O'Neil very severely in the presence of Dr. Baldock and Mr. Ottewill” and concluded by instructing the constable to have no further interaction with any of the legation's Korean employees.

Lee was then sent home ― according to the local newspaper, The Independent (English version), his condition was so bad that he was carried back home. The incident might have quietly faded away except on May 10 Lee “was brought back to the legation in a chair apparently in a dying condition.” Jordan had him immediately sent to Nak-tong hospital. But the poor man died minutes after his arrival.

A few days later, Lee's older brother lodged a complaint with the Korean authorities and demanded justice for the death of his brother. If justice was not received, he would mete out his own form of justice on the constable.

The Governor of Seoul, Lee Chae-yeon, requested a trial be held to ascertain the facts surrounding the alleged assault of Lee Gyeong-pil and his subsequent death.

In a letter to his superior, Jordan wrote:

“The [Korean] authorities have behaved with moderation and good sense and would not have pressed the charge had it and a series of similar incidents of the same kin which have recently occurred not attracted the attention of the vernacular press of which the [Korean] Government stands in much dread.”

He further went on to explain that “the evidence was meager and was barely sufficient in my opinion to make out a prima facie case against the accused, but after careful consideration, I decided to commit O'Neil for [a preliminary] trial,” which was held on May 26.

On June 4, The Independent (English version) reported:

“We understand the preliminary trial of the alleged case of assault on a Korean servant in the employment at the English Legation has been completed; the evidence, papers, and so forth sent to the Supreme Court in Shanghai for final action. Our contemporaries manifested considerable anxiety about this case and we are therefore happy to be in a position to assure them that the case is receiving that due attention we said we felt sure it would.”

Of course, Jordan recused himself as judge because he felt he might be called upon “as a witness for the prosecution.” So he elected to have Henry B. Joly, the vice-consul at Jemulpo (Incheon) preside over the trial. Joly was to be supported by H.B. Wilkinson, an assistant to the crown advocate in Shanghai, who was summoned to Seoul. O'Neil was not jailed but allowed to go free on bond until his trial.

The trial began at 9:30 in the morning of July 7 ― it had been postponed due to Joly's sudden death on June 23 which caused Wilkinson to assume the position of judge ― and lasted for a little over eleven hours. The jury consisted of five members of the English community and was attended by Seoul's governor who was there to represent the Korean government's interests.

The Independent (English version) gushed:

“No pains were spared to get at the truth of the case and the witnesses, including the brother of the deceased, were subjected to the fairest and fullest examinations.”

Unfortunately, the newspaper did not deem the witnesses' testimonies newsworthy enough to include so we are forced to look elsewhere, including the medical report.

In his May 20 report, Dr. Baldock declared “the manner of [Lee's] death was not as would be caused by an injury” from a beating as there was no indication of internal injuries. “There were no ribs or other bones broken, [but] a large bruise was found on the back and inner side of the left arm and two small bruises on the back in dorsal region.”

Baldock did, however, note that there were needle marks on Lee's wrists and one on the back of his neck and “the body was much wasted and bore out the statement that no food had been taken since the alleged injury.” Although he did not give an opinion on what these needle marks were from, they may have been caused by a local doctor trying to treat Lee's injuries.

Baldock concluded his report with a clear bias:

“The foregoing is not enough to account for the deceased, but [Koreans] when slightly hurt will lay down and die as a result of a sort of hysterical condition of affairs inherent in the race.”

So, after “the fairest and fullest examinations … the result was that Mr. O'Neil was discharged after the jury had brought in a verdict of not guilty.” Was justice served? According to O'Neil's peers, it was but I have my doubts.

Ironically, one of the first constabulary duties he performed after being found innocent was to arrest a fellow compatriot for seriously injuring a Korean businessperson in Seoul. It was also one of O'Neil's last official duties as a constable as we shall see in the next article.

My appreciation to Diane Nars for her invaluable assistance.

Robert Neff has authored and co-authored several books, including Letters from Joseon, Korea Through Western Eyes and Brief Encounters.