CH 13: Precision Attack

Xu Zun had accepted Zhang Fei’s suggestion to hand the case over to Sima Guang not just to convince the opposition. It was also because Xu Zun understood Sima Guang’s character.

A true gentleman!

He would not resort to unscrupulous means to achieve his goal.

At this point, the parties were still fighting for principles that they believed in. The debates were carried out within the established rules.

From a rule of law perspective, this was certainly a good thing.

After taking over the case, Sima Guang followed due process and invited Xu Zun to ask him about the reasons for the retrial.

And Xu Zun also truthfully transferred the entire case to Sima Guang.

After understanding matters, Sima Guang said, “This is not enough for a retrial. I won’t comment on the judgment of Fang Datian’s case for the time being, but this case is not enough for a retrial for Ayun. This case just proves that Fang Datian did not instigate Ayun to commit the crime, and even opposed such actions.”

Xu Zun replied, “I don’t see it this way. This case can at least prove that Ayun is not a malicious person—she was forced to this point. The appellant has questioned Ayun’s motive for murder based on this. I think it makes sense.

In addition, the appellant has also invited Wei Ada, a new witness. Wei Ada was the victim of this case. Just based on this point alone, it is enough to constitute a reason for retrial.”

Upon hearing this, Sima Guang furrowed his brows and said, “Don’t you find it strange that Wei Ada, as a victim, is willing to testify for the perpetrator?”

Xu Zun replied, “That’s exactly why I allowed the retrial of this case.”

Sima Guang quickly reviewed the documents again, and asked, “There is no new testimony from Wei Ada written here.”

Xu Zun replied, “Regarding this, the appellant has refused to provide it in advance.”

Sima Guang asked, “Why is that?”

Xu Zun replied, “They believe that they are the weaker party. If they provide the testimony in advance, they fear it might harm their witness.”

“That’s absurd.” Sima Guang said. “Why would they believe that?”

Ever since he had started his official career, Xu Zun had never been afraid of authority. He straightforwardly replied, “Because they think our previous judgment was unfair.”

Sima Guang glanced at Xu Zun, stroked his beard, and laughed, “Fine, fine! Whether we are fair or not shall be seen after the trial.”

After Xu Zun left, legal bigwigs from the imperial government such as Wang Shiyuan, Qi Hui, and Lu Gongzhu entered the room.

Some of them supported Sima Guang, but some were neutral. For example, Lu Gongzhu, the Capital Prefect, held a neutral position. In fact, he had previously been more inclined towards some of Wang Anshi’s arguments, believing that Ayun was not evil and should not be sentenced to death. But he was very opposed to Xu Zun’s suggestion of excessive self-defense.

That was outrageous.

After these bigwigs read the documents, their opinions were very consistent, indicating that these so-called “evidence” were not enough to constitute a reason for retrial.

The only thing that could constitute a reason for retrial was Wei Ada, the new witness. As the victim and the only other person present at the scene, his testimony was crucial. But the problem was that Xu Zun didn’t provide his testimony. This was irregular.

Sima Guang laughed, “If it wasn’t for this, they wouldn’t willingly let me be the judge.”

Everyone suddenly understood.

If Wang Anshi were to be the judge and they were to know the witness testimony in advance, they would not agree to a retrial in the first place.

This was actually a trade—they would get to judge, but they would not get to know the witness testimony in advance.

Lu Gongzhu said, “If Xu Zun wasn’t confident, he would definitely not request a retrial.”

Sima Guang nodded, “From what we can see now, there are two tactics hidden here. The first one is the testimony of Wei Ada that we mentioned earlier. If Wei Ada changes his testimony, Ayun may be acquitted.”

They had thought of this too, but they believed that if Xu Zun forced Wei Ada to change his testimony, it would undoubtedly be self-destruction. When it came to political power and authority, Xu Zun was not their match.

Wang Shiyuan asked, “What’s the second tactic?”

Sima Guang said, “The second is that they did not provide the specific testimony. My guess is that their evidence is not irrefutable. If they let us know in advance, we would be able to pick it apart. Otherwise, they wouldn’t need to hide it at all. Thus, they didn’t inform us in advance, and their goal is to catch us off guard.

But no matter what trick they play, as long as they do not present ironclad evidence, it would be impossible to acquit the woman.”

At this point, he picked up the case file of the Fang Datian case, “But this Zhang San—it surprises me a bit that Xu Zun would entrust such an important case to a pen-in-cap. It shows that this person has exceptional abilities.”

Sima Guang suddenly furrowed his brows, looked at the case file and muttered to himself, “Zhang San?”

Due to the scant evidence provided by Xu Zun, there was almost nothing. This was just a trade, so Sima Guang and the others didn’t have much to prepare.

Moreover, Xu Zun’s interpretation caused great anger among the conservatives.

Reducing the charge for voluntary surrender was exploiting a legal loophole.

Yet you’re not satisfied with that and wish to argue for excessive self-defense?

That was outrageous!

Officials in the imperial government felt that Xu Zun was becoming increasingly lawless, and many legal bigwigs eagerly hoped to end this case as soon as possible.

They felt that this was embarrassing.

If such arguments worked, the legal system of the Song empire would be ruined!

Some officials who were previously inclined towards Wang Anshi gradually stood on the side of Sima Guang, and Lu Gongzhu was one of them.

These people believed that Ayun was not deserving of death, but she was definitely did not commit excessive self-defense.

Sima Guang didn’t want to drag on the case either. He understood that the other party had already set up the wrestling stage. Who is right and who is wrong—only a fight will tell.

He immediately ordered a retrial of the case in the name of the Court of Penal Review, which was specifically set up to supervise the Court of Judicial Review. Only the Court of Penal Review could review the verdict of the Court of Judicial Review, and Sima Guang also invited all officials related to this case to attend the hearing, including Wang Anshi.

The purpose was also very clear, that was to settle the matter in one final bout.

Do not continue the dispute once the trial is over!

Speaking of which, the most depressed amongst the officials was Wang Anshi. He didn’t expect things to go this far. He would rather choose to engage in a political struggle. Now, the matter was completely out of his control.

But this case was related to his lifelong dream of reform.

His predictions were initially correct. Although Xu Zun was not his man, he understood Xu Zun’s character. Xu Zun would definitely continue to object because this was indeed a loophole in the law. When Xu Zun was transferred to the Court of Judicial Review, he would definitely continue to insist on his own opinion.

But he did not expect Xu Zun to insist in this way.

What do you mean retrial!

Just stick to your opinion, and leave the rest to me!

You are stealing my thunder!

I’m the protagonist here!

If he had known this would happen…!

Ultimately, Wang Anshi, who had never believed in fate, could only pray. He continually muttered to himself, “Xu Zun must win, Xu Zun must win, Xu Zun must win.”

***

Today was the day of the retrial.

This case had swept through the entire imperial government. Almost all of bigshots of government had come to listen to the trial. On the left were the supporters of Wang Anshi, while on the right were his opposition led by Sima Guang.

At this point, it was still a contest of ideas, and matters had not yet reached an irreconcilable stage. But from the seating arrangement of the officials, there were already signs of a complete split within the imperial government.

Xu Zun had wanted to stay out of such factionalism, but as matters stood, the only way to stay out of it would be to sit by the door instead. So he had no choice but to sit on Wang Anshi’s side. At least their legal beliefs were very similar.

But it could be seen from this that this public trial was the last defiance of the rule of law.

If a decisive victory cannot be obtained, then all that would remain is a struggle for political power.

Sima Guang came to the seat of the presiding judge. After sitting down, he habitually picked up the wooden bar that served as a gavel. He was just to about to bang it, but he saw that his audience were all bigshots of the government. Who could he awe with such a show of authority?

So he simply put the gavel down, and said in gently, “Summon Zhang San.”

“Summon Zhang San,” the court bailiffs echoed his command.

A young man in his twenties ascended to the court, dressed in azure clothes and an azure cap, his colors vibrant. His vivid appearance was particularly striking in the solemn courtroom, and a short pen was even inserted in the brim of his cap, as if to say, “I’m a pen-in-cap, and I’m proud of it.”

Look at his outfit, look at his age!

The conservatives on the right shook their heads. This was the Court of Penal Review, the highest court in the Song Dynasty, and yet he was making such a spectacle of himself. What unruly behavior! What would become of this? But they were also somewhat pleased, thinking, “Is this it? What can he possibly achieve?”

The reformists sitting opposite them, however, looked as if they had seen a ghost.

Where on earth did they find such an oddity!

Wang Anshi was nervous and asked Xu Zun in a low voice, “How could you let him dress so brightly on such an occasion?”

The implication was, how could you trust such a person.

Xu Zun glanced at him. You, of all people, dare to criticize others for their get-up. I really don’t know how Mrs Wang has endured you. But he managed a smile and said, “I had spoken to him about it, but he said that he is very passionate about his profession, and that he is proud of it. This outfit is his way of expressing his respect for his profession.”

What a ridiculous reason.

Wang Anshi looked at Xu Zunben speechlessly.

Just then, a young man in his twenties and a middle-aged man arrived at the side door. The guards at the door was startled when he saw the young man. Just as he was about to bow, the young man raised his hand to stop them.

This young man was none other than Emperor Zhao Xu, and the middle-aged man beside him was Liu Zhao, a member of the Palace Secretariat and one of his personal staff.

Zhao Xu sneakily peered inside and immediately noticed the young man in azure. He stood out too much, and his attire was peculiar and out of place with the entire setting. So, he turned to Liu Zhao beside him and asked, “Who is that man?”

Liu Zhao replied, “That man’s name is Zhang San. It’s said that after Ayun committed her assault, she rescued a drowning man. That man was Zhang San, and it is he who wishes to appeal Ayun’s case. This is to repay Ayun for saving his life.

“I see.”

Emperor Zhao Xu nodded slightly, looking back inside. He saw Zhang San coming to the center of the hall, bowing to Sima Guang, “This commoner Zhang San pays his respect to the presiding judge.”

Sima Guang asked, “Is Zhang San your real name?”

Zhang Fei was immediately stunned, his heart clenching. Are you some kind of prophet? How do you know that this isn’t my real name?

Seeing him silent, Sima Guang asked again, “I have asked a question. Why do you not answer? Is Zhang San your real name?”

“No, it’s not.” Zhang Fei shook his head, his voice slightly trembling.

Xu Zun was instantly dumbfounded.

What’s going on?

But Xu Zun quickly came to his senses, quietly blaming himself. He had completely overlooked this point.

This Zhang Fei was obviously an educated person, and would most likely not have such a crass name. Even if his parents had given it to him, he would have changed it later.

This name was too much like a nickname, like “Bud” or “Kiddo”.[1]

But he couldn’t blame himself too much, because communicating with Zhang Fei was initially very difficult. It took a long time to learn his name, and subconsciously, Xu Zun thought that after asking for so long, there was no way he would have learned a fake name!

And Zhang Fei felt awkward correcting Xu Zun as well, so he had kept silent about it.

Sima Guang immediately banged the gavel, barking, “You do not even dare to speak your real name! On what grounds do you stand here to plead for others?”

Zhang Fei’s heart was panicking. His identity was his greatest weakness. He hurriedly explained, “It’s not that I dare not speak my name. When I first arrived in Dengzhou, due to the language difference, no one could understand my name. They only understood my nickname. Because I am the third child in my family, the villagers used to call me Zhang San. I found this friendly and affectionate, so I didn’t reveal my real name.”

Sima Guang looked towards Xu Zun.

Xu Zun was quick-minded and hurriedly said, “This is indeed true. This point was explained in the documents. If he hadn’t had difficulties communicating and unable to provide a detailed testimony, he would not have been imprisoned for three months in vain. But I, as an official, have been negligent and have not asked him his real name.”

Sima Guang then asked Zhang Fei, “So what’s your real name?”

Zhang Fei replied, “My real name is Zhang Fei. Fei as in splendid.”

Sima Guang then asked, “Do you have a style name?”

Are you a goddamn genius? Always hitting where it hurts. This is a courtroom, not a matchmaking show. Why are you all asking for all these personal details! Zhang Fei was a little dizzy with all the questioning. He did not know whether he should have a style name or whether it was necessary to have one. Just at that moment, he suddenly thought of his idol and said, “My style name is Yi An.”[2]

“Zhang Yi An?” Sima Guang repeated it, and then asked, “Where do you live, and why did you go to Dengzhou?”

I’m the lawyer, not the accused, why are you asking questions about me! Zhang Fei replied, “I originally lived in Hanyang and went to Dengzhou to trade with my father and elder brother a year ago. However, our ship was wrecked and my father and brother could not be found. I went to Dengzhou to look for them. But after several months of searching, I still didn’t know where they were. I was so desolate at that time that I tried to drown myself in the river, but luckily I was saved by Miss Ayun.”

This was the explanation he had given after he learned the local language because he was from Wuhan and knew some history of Wuhan. So he only dared to claim that he was from Hanyang, Wuhan.

Sima Guang said, “This is all one-sided testimony. I shall investigate your background thoroughly.”

Zhang Fei felt a terrible headache. Although he didn’t believe Sima Guang would go to great lengths to investigate his background, he still felt a little panicked because Sima Guang did have the ability to do so. He thought to himself, this old man is really hard to deal with. Instead of discussing the case, he targets me personally. Moreover, his questions were truly precision attacks. If this goes on, he will eventually find flaws in my answers!

Unbeknownst to him, there was someone who was even more panicked than him, and that was Wang Anshi. Seeing Zhang Fei sweating profusely, he thought that this young man was psychologically fragile, just as he had expected. He was already thinking about how to recover from this situation.

Sima Guang also noticed this and asked, “Are you feeling hot?”

Zhang Fei said, “I am just a commoner. Standing here makes me very nervous.”

“Is that so?” Sima Guang questioned. “But I heard that after you were released from prison, you repeatedly barged into the prefectural office to lodge complaints. You shouldn’t be nervous!”

Xu Zun looked at Sima Guang with a serious face, thinking, Sima Guang is as astute as ever—he has realized that Zhang San is the key to this case.

Xu Zun hadn’t provided these details to Sima Guang, which meant that Sima Guang had carefully investigated Zhang Fei himself.

A person’s nervousness could indeed indicate problems.

Sima Guang’s question was obviously a trap, and he was waiting for Zhang Fei to fall into it.

Zhang Fei was gradually getting overwhelmed. One lie needed countless other lies to cover it up, but he was not a timid and cowardly person. He spoke truthfully, “It’s true that I have filed a few complaints, but I have always submitted complaint documents beforehand and have never barged into the prefectural office. I was a bit nervous at that time, but I would not back down in the pursuit of justice.”

“What a self-righteous way of putting things.” Sima Guang snorted and pointed at Zhang Fei, “I have seen many pen-in-cap like you. You pen-in-cap are adept at stirring up trouble, inciting discord, and then reaping profits from conflict. Your lot pursues money, not justice.”

Upon hearing this, Zhang Fei suddenly had an idea and immediately said, “Your Honor is absolutely right. That is indeed the case. However, instead of feeling ashamed, I am proud of it. I shall file even more complaints in the future to earn even more money!”

[1] As mentioned before, Zhang San literally means third child of the Zhang family.

[2] Yi An is the name that the famous female poet Li Qingzhao gave herself. She doesn’t exist yet at this point in time so Zhang Fei is taking her name for himself.