CH 16: Unassailable

Sima Guang said, “I have some understanding of Fang Datian’s case. It’s undeniable that without Fang Datian, the assault would not have happened. But the faults of Fang Datian cannot lessen Ayun’s criminal charges because Fang Datian did not instigate Ayun to murder Wei Ada.”

Zhang Fei nodded and said, “I agree with Your Honor. Therefore, when I represented Wei Ada, I did not request that Fang Datian take criminal responsibility and only asked him for compensation. Fang Datian had no intent to harm Wei Ada; he only wanted to accumulate wealth. But this entire case originates from that case, and only by clearly understanding the underlying reasons of that case can we know why Ayun committed the crime.”

Speaking to this point, Zhang Fei sighed, “It has to be said, this is a human tragedy! Ayun lost her father at a young age and has always been dependent on her mother. Because her mother had been bedridden for many years, the three acres of land left by her father was managed by her paternal uncles, who only provided them with a small amount of food each year.

These provisions were not enough to support them. Helpless, Ayun could only take care of her mother at home and do some sewing work to make a living.”

“Are you telling a story?” Sima Guang immediately interrupted Zhang Fei, “This is not a place for storytelling—I already know about Ayun’s background, there is no need for you to elaborate here.”

Zhang Fei immediately said, “If Your Honor truly understood Ayun’s background and her motives, you wouldn’t think that Ayun had an intention to murder.”

Sima Guang immediately responded, “The motive for Ayun’s crime was her disdain for Wei Ada’s ugly appearance. This has been clearly investigated.”

Zhang Fei shook his head, “That might be one reason, but it was not the main motive.”

Sima Guang asked, “Then what do you say was the main motive for Ayun’s crime?”

“Filial piety.”

Zhang Fei said, “All that I have said just now is enough to prove that Ayun is a very, very filial daughter. Your Honor may send investigators to investigate this. Almost all the local people know this.”

Wang Anshi listened with a sparkle in his eyes, thinking to himself, this young man is really impressive.

Sima Guang hesitated a little, seeming to have guessed what Zhang Fei was about to say, and said, “Even if Ayun is a filial daughter, that does not justify her crime. We must not conflate the two issues.”

“Everyone wishes to take a broad and level path. But sometimes, the only path you see is a treacherous and narrow one. Many things can’t be judged just by their appearance.”

Zhang Fei continued to explain, “A year ago, Ayun’s mother passed away due to illness, which was a huge blow to Ayun. During this year, Ayun stayed at home in mourning for her mother. Her filial piety could move heaven and earth.

As is well known, the mourning period is generally three years. Our dynasty’s laws also explicitly stipulate that one cannot marry during the mourning period. This is the way of filial piety. However, Fang Datian forcibly betrothed her to Wei Ada, and the crucial step of the betrothal gift was even completed.

Her mother’s body was not yet cold, yet she had to leave her mother to marry a man. This is something a filial daughter would be unable to accept. Ayun has always opposed marriage, but no matter how hard she tried, it was in vain.

May I ask everyone present, under such circumstances, what could Ayun, a weak woman, do?”

The crowd was silent.

They weren’t foolish; at this point, they understood what Zhang Fei’s trump card was.

Sima Guang said righteously, “Filial piety is absolutely not a reason for murder. You must not confuse the issue here. Besides, the defendant herself confessed that she didn’t want to marry Wei Ada because she found him ugly. That was what caused her to have the malicious intent.”

Zhang Fei countered, “Ayun’s confession should not be believed.”

Sima Guang laughed in exasperation, “This is absurd— we should not believe the confession of the assailant, but should believe your one-sided assertions instead?”

Zhang Fei said, “Your Honor, do not forget that I was also one of the parties involved. The Fang village and Wei village are separated by only a river, and it takes less than an hour to travel between them. Ayun committed the crime in the dead of night, but she saved me at dawn.”

Sima Guang asked, “What does this prove?”

Zhang Fei said, “It makes one wonder why Ayun would linger by the river after committing the crime. Anyone with common sense would rush home under the cover of darkness, so as not to be seen.

Moreover, Ayun risked her life to jump into the river to save a stranger. At that time, I was in a very sorry state, so she could not have been attracted by my handsome appearance.”

“!”

Sima Guang found it both amusing and annoying, “This is a courtroom, not theater. If you continue with such jests, don’t blame me for taking you to task.”

The implication was, do you think you’re very amusing?

Zhang Fei said seriously, “Your Honor, I was initially suspected of having an illicit affair with Ayun and unjustly spent three months in jail. The Wei brothers also raised this suspicion. Wei Ada’s brother, Wei A’er, believed that Ayun saved me because she was attracted by my handsomeness. Therefore, it is necessary for me to clarify this point.”

Sima Guang was fed up, “Fine, I believe that Ayun didn’t save you because of your appearance.”

Zhang Fei looked somewhat disgruntled that so little weight was given to his handsomeness. Nevertheless, he continued, “Then we have to ask, what was the reason that made Ayun risk her life to save someone else under such dangerous circumstances? Ayun may be kind, but it was indeed very dangerous. Yet she didn’t hesitate to jump into the river to save me.”

Sima Guang, out of patience, asked, “So why do you think she did so?”

“Redemption.”

Zhang Fei said, “Ayun wanted to atone for her sins. Because she had cut off Wei Ada’s finger at the time, she mistakenly thought she had killed Wei Ada. She was in great distress. The reason why she stayed by the river was to atone with her life. In other words, Ayun had no intention to murder. The reason why she immediately confessed everything to the officials and provided evidence against herself was to hope to atone for her sins and and repay with her life.”

“Nonsense!”

Sima Guang said, “These are all your speculations. You have no evidence to prove that Ayun had no intention to murder.”

Zhang Fei immediately countered, “Does Your Honor have definitive evidence to prove that Ayun had the intention to murder? Although she went to hurt Wei Ada with a knife, none of the more than ten wounds on Wei Ada’s body were fatal, and all were minor injuries. This only proves that she intended to injure, not kill.

As for Ayun’s confession, it cannot be used as conclusive evidence to prove her intent to murder. Because if she said she only wished to injure Wei Ada, would Your Honor take her word for it?”

Everyone was stunned.

The confession of the assailant could not serve as conclusive evidence?

However, upon careful consideration, it seemed to make some sense. You can’t say that if the accused confesses, it shall be regarded as conclusive evidence, but if they do not, it shall not be regarded as conclusive evidence.

Evidence was objective, not subjective.

Sima Guang said: “But all the evidence shows that Ayun intended to commit intentional murder against Wei Ada.”

“That’s only superficial evidence.”

Zhang Fei retorted, “A normal person who intends to murder someone should first have sufficient reason. If Ayun really disliked Wei Ada for being ugly and refused to marry him for that reason, this could constitute a motive for murder. But this is not the case.”

As he spoke, he took out a piece of written testimony, saying, “This is testimony provided by the Fang family and the villagers in Fang Village. This testimony fully illustrates that not long after the death of Ayun’s mother, her aunts and uncles hoped to arrange a marriage for Ayun more than once. The intended match was not Wei Ada, but other men. However, Ayun refused them all, stating that she wanted to mourn her mother’s death.”

Sima Guang gave a glance to the official on the side.

The official immediately took the document and presented it to Sima Guang.

After reading it, Sima Guang said, “Even if this testimony is true, what does it prove?”

Zhang Fei said, “This is enough to prove that Wei Ada’s ugliness was not the main reason for Ayun’s crime. If Ayun was only concerned with appearance, why did she reject the previous marriage proposals?

Also, when Ayun expressed her objections to this marriage, she had told her uncle that she was mourning her mother and therefore could not get married. But unfortunately, her uncle completely ignored her objections.

If we do not assume that she refused the marriage with Wei Ada because he was too ugly, then we see that all she wanted was to mourn her mother for three years. If that is the case, did she need to murder Wei Ada? No she did not. All she needed to do was to injure Wei Ada to delay this marriage.

This is borne out by the facts. A person who intends to murder would not fail to hit any vital parts and only cause minor injuries after hacking more than ten times.

Then why did she not say this in her testimony? Why hide that she had opposed the marriage because she wanted to mourn her mother? Why did she say that she disliked Wei Ada for being ugly? The reason was that she wanted to be punished—she wanted to atone for her sins, which she believes has brought shame upon her mother.

I believe most of us would see this way of upholding filial piety as a silly way of doing so. But it was also the only method a seventeen-year-old girl could think of. Her parents were no longer around, her uncles were greedy for her family’s land, and at the same time wanted to sell her hand in marriage for more land.

Apart from this, what else could she do?”

Seeing this fellow’s vivid and emotional speech, using perfect emotions to compensate for imperfect evidence, Sima Guang felt that he could not let him charm the crowd any further. Therefore, he said, “Although your explanation fits, it is only based on your speculation. The truth would be clearer to Ayun than it is to you. Summon the defendant, Ayun.”

He knew in his heart that this fellow was a master of storytelling. It would be hard to break through his defenses, so he chose not to confront him directly.

Soon, Ayun was brought up.

It would have been better not to bring her up. As soon as she came up and stood next to Wei Ada, it immediately aroused the compassion of many people.

Damn Fang Datian!

This was too much of a mismatch!

Sima Guang also realized this and vaguely felt that the situation was becoming increasingly unfavorable for him. He then asked Ayun, “Defendant Ayun, do you acknowledge your crime?”

As soon as he spoke, he suddenly looked towards Zhang Fei, thinking that this youngster would definitely object to his question. To his surprise, Zhang Fei remained silent this time, standing quietly on the side.

Ayun said expressionlessly, “Yes. I am guilty.”

Sima Guang said, “What were you trying to do when you sneaked into Wei Ada’s straw shed with a knife that night?”

Ayun said, “I wanted to kill Wei Ada.”

Sima Guang was taken aback and asked: “Why?”

Ayun said: “Because he is ugly.”

Wei Ada looked aggrieved.

He really didn’t know why he had to stand here and be insulted again.

Sima Guang asked again, “But as far as I know, your uncle has tried many times to arrange a marriage for you. The intended partner of those proposals was not Wei Ada, but you refused them all on the grounds of mourning for your mother.”

As soon as Ayun heard the mention of mourning for her mother, tears immediately started flowing down her face. She fell to the ground, crying, “I have let down my mother. I have sinned greatly. I only ask for death, only death.”

Sima Guang frowned and said, “Whether you live or die, I will make the judgment. Answer my question first.”

Ayun continued to sob, “I did it, I did it all, I only ask for death.”

Sima Guang was irritated by her words and couldn’t help looking at Zhang Fei, thinking to himself, “I can’t believe that this youngster has gotten the better of me.”

After the previous argument, Sima Guang knew this youngster was not afraid of anything, and he couldn’t intimidate him. Therefore, he planned to get a breakthrough by examining Wei Ada and Ayun.

The case was very simple. He believed that if there was to be a successful appeal, there would surely be a change in testimony. Once there was a change in testimony, there would be flaws. Such lies would not stand up to scrutiny.

But the two key witnesses insisted on not telling a single lie, speaking nothing but the truth.

However, if combined with what Zhang Fei had said, the truth seemed to be more beneficial to them.

But Sima Guang also knew very well in his heart that it was definitely Zhang Fei who had instructed Ayun to say this. Speaking in this way, her testimony became unassailable.

Sima Guang waved his hand and said: “Take them away for now.”

Wei Ada and Ayun standing together would create a great deal of misunderstanding.

Only Zhang Fei remained.

Sima Guang had originally planned to make a breakthrough through the witnesses, but now he had to face Zhang Fei directly. He said, “Although the defendant is deserving of sympathy, the law is the law. No matter how you look at it, her actions constitute the crime of intentional murder.”