This was not only Zhang Fei’s first lawsuit in the Northern Song Dynasty, but also the first lawsuit in his life.
He had no experience in going to court, and in his internship he only did some errands and financial calculations.
But this actually gave him an advantage.
Because he has not yet formed a fixed mindset of procedural justice.
When he studied ancient laws, he learned that ancient legal thought pursued outcome justice rather than procedural justice.
What outcome is just
Simply put, good will be rewarded with good, and evil will be punished with evil.
Therefore, in court, he spent more space to portray Fang Datian as a villain, while on Wei Ada's side, he played the sympathy card.
Rather than finding loopholes in the judicial process.
Judging from the reaction of the onlookers, he was obviously very successful.
Judges in later generations may make a judgment that is condemned by everyone.
But today's officials, especially those who are upright, dare not make such a judgment.
Because they are more concerned about outcome justice.
Of course, everything must be based on legal regulations, but the focus of the lawsuit is different.
"Thank you, Brother Zhang San. Thank you, Brother Zhang San!"
"We brothers will remember the great kindness that Brother Zhang San has shown us. If Brother Zhang San needs help in the future, we will definitely help him."
... ..．
After leaving the government office, the Wei brothers burst into tears and thanked Zhang Fei for seeking justice for them.
Zhang Fei asked seriously, "Are you serious?"
The Wei brothers were stunned at first, and then Wei Er suddenly patted his chest and said, "Brother Zhang San, just give me your orders."
Zhang Fei hesitated for a moment and said, "It's not a big deal, but I need you two to be my witnesses again. I have a lawsuit to fight."
Wei Er asked, "What lawsuit?"
"It's about Ayun's lawsuit."
Zhang Fei said: "I told you that Ayun saved my life, and I must repay her."
Wei Er couldn't help but look at his eldest brother. This made him a little conflicted. After all, that woman was also an enemy!
Wei Ada was stunned for a while, nodded silently and agreed.
After the debate just now, he didn't hate Ayun very much.
Just at this moment, Liu Hai suddenly came over and said, "Zhang San, our prefect wants to see you."
Zhang Fei smiled and said, "What a coincidence. I also have something to discuss with the prefect."
He then said to the Wei brothers, "You go back to the inn first, and we will talk in detail when I come back."
After saying this, he and Liu Hai returned to the government office.
... .．
"I am Zhang San, a humble man. I am honored to meet the prefect."
"Zhang San, do you know why I'm looking for you?"
Xu Zun asked expressionlessly.
Zhang Fei hesitated for a moment, glanced at Xu Zun again, shook his head and said, "I don't know."
Xu Zun snorted, "Have you forgotten that you still owe me money?"
Debt collection? Wow... You are too stingy! Zhang Fei was no longer as high-spirited as before, and said awkwardly: "Yes, I still owe the prefect two strings of money, but... but I don't have money now, I hope the prefect will give me some time."
“No money.”
Xu Zun looked at Zhang Fei and said, "You won fifty acres of land for the Wei brothers, but didn't you ask for compensation?"
Zhang Fei blinked: "What...what? Can I get paid for doing good deeds?"
Xu Yuan, who was standing by, was furious and said, "You are still playing dumb. The calculation you just made really impressed me. I have been investigating cases for many years and have never seen such a detailed calculation. How could you not ask for a reward?"
Zhang Fei said: "I am only seeking reasonable compensation for the Wei brothers, and I have not asked them for any compensation."
Xu Zun asked: "Really?"
Zhang Fei said: "How dare I deceive the prefect? I also don't dare to default on the prefect's debt. If I have money, I will pay it back."
After Xu Zun examined him, he nodded and said, "Okay! Then I will give you a few more days."
"Thank you, Governor."
Zhang Fei bowed and suddenly said, "It just so happens that I have a petition to present to the prefect."
When these words were spoken, Xu Yuan, Liu Hai and others were immediately dumbfounded.
I guess your family sells petition papers wholesale.
Only Xu Zun was not surprised, but he frowned and pretended to be dissatisfied: "You are never going to stop suing!"
Zhang Fei explained: "It's not a new case, but the case of Ayun's murder."
Xu Zun said, "Another pardon for the crime?"
Zhang Fei hurriedly shook his head and said, "No, it's just that based on the case of Fang Datian injuring someone, I think there is enough reason to re-examine Ayun's motives and whether she really has the intention to harm others. If she doesn't have the intention to harm others, then she has no intention to murder."
Xu Zun was secretly delighted.
Xu Yuan also understood and immediately refuted: "Even if Ah Yun was forced to do it, her crime of murder is indisputable."
Zhang Fei immediately said, "But I think Ayun didn't have the intention to murder. She went to hurt Wei Ada with good intentions, but she used the wrong method. At the same time, there are witnesses in this case."
"A new witness?" Xu Yuan asked, "What witness?"
There are only a few people involved in this case, so how could there be new witnesses
Zhang Fei replied: "It was the victim in this case, Wei Ada."
"Wei Ada?" Xu Yuan was shocked. "You said Wei Ada wanted to testify for Ayun?"
"Yes."
Xu Yuan and Xu Zun looked at each other.
If Wei Ada is going to testify for Ayun, then he is definitely a new witness.
But this is a bit outrageous!
Zhang Fei said: "Since General Wei will provide new testimony, I think Ayun can only be convicted of excessive self-defense at best."
"Excessive self-defense?"
Xu Yuan believed that Zhang San was crazy, and the exemption from punishment mentioned earlier was still reasonable, but he was just taking advantage of a loophole in the law. However, he estimated that the Dali Temple and the Ministry of Justice would not agree to it.
Now he has to defend himself.
How can this be.
Defense to the point of running into someone else's house to kill someone
It's simply unreasonable.
Facing Xu Yuan's confusion, Zhang Fei said seriously: "Yes, Ayun is absolutely innocent. She is also one of the victims. The government should give her justice."
Xu Zun was secretly delighted, but he said, "Submit the petition first."
"yes."
Xu Yuan knew what Xu Zun was thinking. He even thought that the two had colluded long ago. However, he did not approve of Xu Zun's entanglement in this case. However, if Wei Ada became a new witness, it would be enough reason to overturn the case. Suddenly, he had an idea and said, "Wait! Magistrate, this is overturning the case. If the magistrate wants to accept this case, he should avoid suspicion and choose another official to try it."
Xu Zun frowned when he heard this.
The Song Dynasty had clear regulations on overturning verdicts, which was called "overturning different cases and conducting separate investigations."
Simply put, if the criminal wants to overturn his confession or is dissatisfied with the verdict, and the circumstances are serious, then other officials must be replaced to try the case.
This case involves human life and is definitely a serious one.
Although Xu Zun also disagreed with the Dali Temple's verdict, that was a dispute within the judicial department. But if Zhang Fei appealed, it would definitely be a "review and re-examination."
Actually, Xu Yuan said this in order to protect Xu Zun, because Xu Zun was just a Beijing official assigned to Dengzhou, and he would have to return to the capital soon. There was no need for him to make his future uncertain because of this case.
"Change the person to try?"
Zhang Fei was shocked.
In ancient times, when judging cases, talent was the key and the law was only secondary. Why was he so arrogant? That was entirely the result of Xu Zun's connivance.
If it were someone else, he would probably be grabbed and beaten before the trial.
If someone always complains about something, he is definitely a troublemaker.
Xu Zun glanced at Zhang Fei and nodded, "Yes, according to our dynasty's system, if you want to overturn the case, you must change people to try it. Do you still want to sue?"
There was a hint of provocation in his eyes.
It has come to this point. How can we not proceed? Zhang Fei smiled and said, "The sky is clear and bright. I am not afraid. But I have a request."
Xu Zun asked: "What request?"
Zhang Fei said: "Just like today, a public trial."
Xu Zun hesitated for a while and said, "You can leave first."
"I'll take my leave."
After Zhang Fei left, Xu Zun carefully examined the petition again and suddenly said, "Liu Hai."
"What instructions does the prefect have?" Liu Hai stepped forward hurriedly.
Xu Zun said, "Go and ask Cao Tixing to come over."
Liu Hai nodded very reluctantly, "Yes, I will go and invite you right away."
The Dengzhou government office is already the highest administrative and judicial department of the prefecture. It is impossible to transfer it to the county level, so it can only be transferred to the Criminal Justice Department.
Moreover, the responsibility of the Criminal Justice Department is to manage various prisons and has the power to supervise and interrogate.
After the provincial government or county government makes a judgment, if the Criminal Justice Department feels that it is inappropriate, it can conduct a retrial. It should be noted that the Criminal Justice Department is directly responsible to the emperor.
It just so happened that Cao Yan, the chief judge of Tokyo Road, was on an inspection tour in Dengzhou recently.
Half a month later, Cao Yan was finally invited. When he heard that he was going to reopen Ayun's case, the delicious food on the table suddenly lost its flavor. He put down his clapper and couldn't help wondering, "Xu Zhizhou, the evidence in this case is solid, and Ayun has already confessed his guilt. What else is there to argue about?"
Xu Zun immediately handed the verdict of Fang Datian's wounding case to Cao Yan and said, "This case was decided by the Japanese officials a few days ago. Please review it."
After Cao Yan read it, Xu Zun asked, "I wonder if Mr. Cao thinks my judgment is fair?"
Cao Yan nodded slightly and said, "Indeed. During the period of mourning, one cannot marry. This is against filial piety and is not permitted by law. Fang Datian should be punished for doing this, but is the claim too much?"
Xu Zun laughed and said, "To be honest with you, Chief Justice Cao, I also think that this claim is too much, but... but Wei Ada's reason for claiming compensation makes it impossible for me to refute it!"
After that, he asked Liu Hai to hand over the extremely novel claim form to Cao Yan.
After reading it, Cao Yan was speechless. He asked himself, he couldn't write such a well-reasoned claim form. He couldn't even think of it, so he asked, "Who wrote this?"
Xu Zun told the truth: "This was written by a man named Zhang San, who was also the one who wanted to overturn Ah Yun's case."
"oh?"
Cao Yan asked again: "Who is he to Ayun?"
Xu Zun laughed and said, "Could it be that Chief Justice Cao forgot that after Ah Yun committed the crime, he saved a drowning man?"
Cao Yan suddenly remembered that the case of Ayun had naturally passed through the hands of the Criminal Court, and said, "I remember now, the man Ayun saved seemed to be called Zhang San."
Xu Zun said: "Zhang San overturned the case for Ayun, most likely out of gratitude."
Cao Yan nodded slightly and said, "The heart of repaying a favor is worth encouraging, but this mountain of laws is not the way to repay a favor."
Xu Zun nodded and said, "But when we judged Ayun's case before, we seemed to have overlooked the responsibility of Fang Datian and others. Now after the trial of this case, we found that Fang Datian and others were responsible for this tragic case. Zhang San believes that this case is enough to make the government re-examine whether Ayun has a motive for murder. And Zhang San also said that there is a new witness who can prove that Ayun has no intention of murder."
Cao Yan asked: "What witness?"
Xu Zun said: "It is the victim Wei Ada."
This is the key point of overturning the verdict.
Cao Yan frowned and asked, "Could it be that Zhang San helped Wei Ada to claim the land, so that Wei Ada would change his confession in order to repay Ayun for saving his life?"
Xu Zun said: "What Cao Tixing said is possible, but I believe Zhang San would not do such a stupid thing."
Wei Ada is the victim and the most important witness in this case. If he were to testify for Ayun, it would be grounds for overturning the verdict.
Cao Yan suddenly glanced at Xu Zun and said, "I heard that Xu Zhizhou is dissatisfied with the Dali Temple's verdict on this case?"
Xu Zun avoided the main point and said, "The Dali Temple overlooked some details. I will supplement them."
Cao Yan added: "If after my judgment, Xu Zhizhou still refuses to accept it, then it would be a waste of effort."
This Xu Zun was no ordinary prefect, he was an official from the Dali Temple who was on a temporary assignment here. To put it simply, the court saw that he was doing a good job and sent him here to gild his reputation. His future was limitless, and the final judgment of the Criminal Justice Department would still be reviewed by the Dali Temple. Xu Zun had connections in the court.
When Xu Zun protested again, Cao Yan felt that this was just looking for trouble.
Xu Zun hesitated for a moment, then said: "The reason why I don't accept the Dali Temple's judgment is because the Dali Temple's judgment has errors and omissions. As long as it is a fair judgment, why should I not accept it?"
Cao Yan nodded and said, "Okay! I'll take this case."
To him, there was no doubt about this case. Even if it was not a heinous crime, it was still murder. It was impossible to label it as excessive self-defense. It was all Xu Zun's sympathy at work. If he wanted to get involved, everyone would have to accompany him. So they might as well give him a reason to give up.