Ooka Tadasuke
Legacy Name: Susuwatari

Ōoka Tadasuke (Japanese: 大岡 忠相, 1677 – 3 February 1752) was a Japanese samurai in the service of the Tokugawa shogunate. During the reign of Tokugawa Yoshimune, as a magistrate (machi-bugyō) of Edo, his roles included chief of police, judge and jury, and Yamada Magistrate (Yamada bugyō) prior to his tenure as South Magistrate (Minami Machi-bugyō) of Edo.¹

He was appointed as a judge at the age of 35, and was known as incorruptible and fair. A generational land dispute between the Yamada and Wakayama families was resolved by a competition as to which family could grow the better crop of red beans. Wakayama won and inherited the disputed land, and the dispute ended. This impressed the future shogun Yoshimune, who then promoted Ōoka over hundreds of others to be the magistrate of Edo (Tokyo)

His most famous case was the Case of the Stolen Smell. A poor student lived above a fried food (tempura) shop. The owner of the shop had a very cynical view of life, and was convinced that everyone was out for themselves. That everyone tried to cheat him every chance they got.

One day, he overheard the student talking with a friend. The friend said it was sad that the student could only afford to eat plain rice. The student replied that he had found a wonderful way around that. He eats his rice when the shop owner cooks his fish, and the smell floats up to flavour the students rice.

"THIEF!" yelled the shopkeeper, enraged that someone had taken something of his for nothing! "I demand you pay me for the smells you stole from me!" he shouted. The student refused, saying that anyone can smell a smell and he owed the man nothing. So the furious man went to Ōoka's court to charge the young student with theft. People laughed at him, but Ōoka took him seriously, stating that since the man was upset enough to bring a charge, he deserved to be listened to in court.

Ōoka listened to the evidence put forward and rendered his decision of guilty. He said it was obvious a theft had taken place of the smell of the food. The shopkeeper was so happy he danced, and the student was distraught, for he was very poor. Ōoka asked the student to show him what money he had on him. The student said it was only his rent money, and without it, he would be thrown on the street. He showed the few coins in his hand.

The judge asked him to pour the coins from one hand to the other. The tinkling of coins filled the court room. Ōoka asked him to repeat the pouring several times. After, he said to the shop keeper that he had now been paid, and wished him a pleasant day. The shocked store owner exclaimed that he had not been paid, and held up his empty hands to show this to the judge.

However, Ōoka replied "in this court, the punishment must fit the crime committed. In this case, the punishment for stealing the smell, is the sound of money. You have been paid. Justice is done in this court."