It was 1068, Year 1 of the Xining era. Emperor Zhao Xu had recently ascended the throne of the Song dynasty. The widely respected old-guard of civil officials, Ouyang Xiu, Han Qi, and Fu Bi, were i...
Chapter 708 of the Main Text of the Chief Justice of the Northern Song Dynasty: Trouble Comes from the Mouth. After a while, a middle-aged man in his forties, wearing a gray gown, came to the court. This man was Chen Ting, the owner of Chen's Tavern.
"Shopkeeper Chen."
Li Lei stood up and pointed at Hu Changbai and Qiu He, "Do you know these two people?"
Chen Ting glanced at the two of them, with a hint of guilt in his eyes, and nodded, "Let's get to know each other."
Li Lei asked again: "What are their names?"
Chen Ting said truthfully: "Hu Changbai and Qiu He are both soldiers from the Xiangfu County Bridge Camp."
Li Lei asked: "How do you know them?"
Chen Ting replied: "They often come to my tavern to drink, and over time, they get to know each other."
Li Lei asked, "Do you remember when was the last time they came to your bar to drink?"
Chen Ting nodded and said, "I remember, it was the eighteenth of last month."
...
...
Li Lei asked: "Why do you remember it so clearly?"
Chen Ting said: "Because later someone from the government came to ask me about them, and then I heard that they were arrested by the Imperial City Bureau, and many guests came to ask me about it afterwards, so I remember it very clearly."
Li Lei asked: "Do you still remember what happened that night?"
Chen Ting nodded and said, "I remember. The camp was distributing salaries that day, and the store was doing good business. I was too busy to handle it, so I helped serve them wine and food. I heard some of their conversation."
Li Lei asked: "What did they say?"
Chen Ting hesitated for a moment before saying, "They said that the imperial court sent a eunuch who didn't know how to control floods to Hebei to mess around, which really caused trouble for their soldiers."
Sima Guang scratched his forehead when he heard this. Just based on this one sentence, it was really fatal. In the court, no one except the emperor could control the eunuchs. This was not a hint, but a clear statement.
The key point is that this point was not confirmed during the hearing.
Li Lei asked: "Are you sure?"
Chen Ting nodded, and added hastily: "I'll go over there and tell them to stop talking nonsense, so as not to get into trouble."
Li Lei asked: "How did they respond to you?"
Chen Ting said: "They said who would care what these two soldiers say."
"Thank you, Manager Chen."
Li Lei smiled and nodded, then said to Zhao Yan: "I have no problem for the time being."
After saying that, he sat down.
Li Guozhong whispered, "The words are so clear, I really don't know how he can win."
Li Lei also glanced at Zhang Fei beside him with curiosity.
Zhang Fei stood up calmly and said, "Manager Chen."
"exist."
Chen Ting quickly responded.
"take it easy."
Zhang Fei smiled slightly and asked, "Excuse me, did you just happen to hear this sentence at that time?"
Chen Ting quickly shook his head and said, "No, I heard some more."
Zhang Fei asked: "What did you hear?"
Chen Ting said: "I heard them complaining that their salaries were too low and the work on the river was too tiring. They were not treated as human beings at all. They were bridge officers, but they were always dragged to dig the river. Some water conservancy officials did not understand anything at all. They were asked to build a bridge this month and to tear it down next month."
Zhang Fei asked, "I wonder if what you said was heard sporadically, or if it is connected with your confession just now."
Chen Ting said: "They are connected together."
At this point, he recalled carefully, "They first said the salary was too little and the work was too tiring, then they mentioned something about a hearing, and then they said that, and then they said they were not treated as human beings."
Zhang Fei said: "Based on what you heard, do you think they are talking about others or themselves?"
"I object."
Li Lei stood up immediately.
Before he could tell the reason for his objection, Zhang Fei said, "One of the charges brought by the Imperial City Division against them is slandering the government, so we must find out whether they are slandering the government or complaining about their own lives."
"???"
All the ministers present looked at Zhang Fei with wide eyes.
Complaining about life and slandering government affairs?
Are you serious?
Can this be distinguished?
As expected of Zhang Er Pen, your writing is really detailed!
Even Li Guozhong looked at Zhang Fei in confusion, as if to say, Brother, you must have lost a lot of hair to come up with this reason, you are truly a talented person!
Zhao Yan also hesitated for a moment and asked, "Prosecutor Zhang, I don't quite understand what you mean. Can you explain it accurately?"
Zhang Fei said: "For example, the business law promoted by Wang Xueshi before caused many salary officials to complain, because they didn't need to do anything before to get their salary, but after the promulgation of the business law, they still have to work in the business office to get their salary, and the salary is related to the business office's turnover. This is human nature, and everyone will complain.
But the business law is the government policy. They complained about the policy because their own interests were damaged. Does this count as slandering the government?"
Zhao Yan asked, "Do you think it counts?"
“It doesn’t count.”
Zhang Fei picked up a thick copy of the document and said, "I have read the relevant cases. Those who were convicted of slandering the government almost all criticized the government or the emperor in the name of justice. These people often criticized from the perspective of the people of the world. Of course, some of their advice was good, but some had ulterior motives.
I have not come across any case in which anyone was convicted of slandering the government because of criticizing the court for personal gain or loss.
The reason is very simple. You cannot win people's hearts by complaining about the court about your own gains and losses, because this is only your personal matter. It just happens that it is the court that gives you money. Some people may sympathize with you, but they will not go along with them.
For example, if I, Zhang San, am here today, complaining that the court gives me too little salary, that I have to do too much work, and that I am targeted, criticized by my superiors, or even assassinated by others, some people may support what I say, but they will never be instigated by me to oppose the court, because what I am complaining about is the relationship between my personal interests and the court, not the relationship between the court's policies and the rise and fall of the people of the world.
Or, if the people complained about the uneven road, and the road was built by the imperial court, would they also be charged with slandering the imperial government? "
After these words, the whole place fell into silence.
Almost everyone was lost in thought.
After careful recollection, it seems to be just as Zhang Fei said. Regardless of whether they slander the government or rebel, they must look at the policy from the perspective of the whole country, rather than from the perspective of personal gains and losses.
If Sima Guang was a commoner, what he said would be slandering the government.
Han Qi stroked his beard and smiled, "This kid is really a genius. He can even tear a hole in this."
Li Lei suddenly said: "They are not talking about themselves, but about their soldiers."
Zhang Fei smiled and said, "If I say that we prosecutors are really aggrieved, that the censors debate with the prime minister every day, while we debate with the scribes every day, do you think this is about personal gains and losses, or about the relationship between the court's policies and the rise and fall of the world?"
After hearing this, Qi Ji and Wang Gong lowered their heads at the same time. This person was really mean.
Then Zhang Fei said, "This is just the most common colloquial expression. I want to bring in more people to make my words more confident and convincing. But in fact, I cannot represent the procuratorate, and they cannot represent the soldiers."
Many people nodded frequently, which is indeed a common spoken expression.
After some thought, Zhao Yan nodded and said, "The objection is invalid. Please answer, witness."
Chen Ting was stunned, then came to his senses, "Ah? What answer?"
Zhang Fei asked, "Do you think Hu Changbai and Qiu He were complaining about their lives or slandering the government?"
Chen Ting thought for a moment and said, "They are mainly complaining that their salary is too little and the work is too tiring."
Zhang Fei asked: "The main complaint is that the money is too little and the work is too tiring, so what is the secondary complaint?"
"Well."
Chen Ting changed his words and said, "It's nothing serious. They are just complaining that their soldiers are having a hard time."
Zhang Fei asked again: "Did you notice how much they drank when they said that?"
"I've drunk quite a bit."
Chen Ting said.
Zhang Fei asked, "Are you drunk?"
Chen Ting said: "According to my observation, he is not drunk yet, but he will be soon."
Zhang Fei asked again: "You run a pub. Based on your observation, when people are drunk to this extent, are they more likely to speak out about their grievances?"
"Of course."
"I object."
"I take it back."
Zhang Fei glanced at Li Lei, who was already a little anxious, and asked Chen Ting, "Why do Hu Changbai and Qiu He usually drink in your restaurant?"
Chen Ting said: "Because my tavern is next to their camp, when they come back from work and pass by the tavern, they often come to the tavern to drink a few bowls of wine."
Zhang Fei asked, "That is to say, the soldiers in their camp often come to your restaurant to drink?"
Chen Ting nodded, "Yes."
Zhang Fei asked, "Among the soldiers who came to your restaurant to drink, have any other people complained about the low salary and the hard work, or have you only heard these two complain?"
"I object."
Li Lei stood up again and said, "This has nothing to do with this case."
“Absolutely.”
Zhang Fei said: "Because the Imperial City Division still thinks that they are deliberately disturbing the morale of the army, but if the soldiers are all complaining, and Hu Changbai and Qiu He are just talking about something that the soldiers are complaining about, how can it be considered as deliberately disturbing the morale of the army."
Zhao Yan said: "The objection is invalid. Witness, please answer."
Chen Ting nodded and said, "Usually, those soldiers also have complaints."
Zhang Fei asked: "What are they mainly complaining about?"
Chen Ting said: "Hu Changbai and Qiu He said the same thing. They all complained that river service was too hard and tiring, and the salary was too little."
Zhang Fei asked again: "When your business was bad, or when you were sick, or when you were insulted by customers, did you ever complain?"
Chen Ting nodded and said, "Of course I have complained about these situations."
Zhang Fei asked: "Why?"
Chen Ting said: "Isn't this human nature?"
"Yes, it's human nature."
Zhang Fei smiled and nodded, then said to Zhao Yan: "I don't have any other questions."
Zhao Yan looked at Li Lei again.
Li Guozhong whispered, "Keep calm. Even if he wins this case, it won't affect the entire lawsuit. This is just his personal explanation, not a memorial."
Li Lei took a deep breath, adjusted his mentality, and stood up. "Manager Chen, you just said that you would complain. Would you complain about the court?"
"Of course not." Chen Ting said immediately.
Li Lei asked, "You said the soldiers would have some complaints. Would they complain about the court using eunuchs to control floods?"
Chen Ting said: "That's not the case either."
"I'm done asking questions."
Li Lei sat down and glanced at Zhang Fei. You want to use this dirty trick? Can other people's complaints be the same as their complaints?
Zhang Fei smiled and said, "I don't have any other questions."
Zhao Yan looked at Li Lei again.
Li Lei frowned slightly, then said that there was no problem.
Zhang Fei stood up and said, "I beg the judge to summon Liang Daoshen, the Marquis of the Bridge Camp, to testify in court."
Zhao Yan said: "Send it to Liang Daoshen, the Yuhou of Qiaoying."
After a while, a short and fat middle-aged man came up to the door with a big belly. He had two mustaches on his thin lips, and he looked smart.
Zhang Fei asked, "Liang Yuhou, what are you responsible for in the camp?"
Liang Daoshen said: "I am specifically responsible for inspection and supervision."
"Then do you know the first and second witnesses?"
Zhang Fei extended his hand to Hu Changbai and Qiu He.
Liang Daoshen nodded, "I know them. Hu Changbai and Qiu He."
Zhang Fei asked: "How do they usually behave?"
Liang Daoshen said: "They both work very hard and are considered to be relatively honest in our camp."
Um?
As soon as these words were spoken, Li Guozhong and Li Lei immediately became alert.
Sima Guang and the others also looked at him in surprise. Hu Changbai and Qiu He all looked at Liang Daoshen in shock.
Zhang Fei asked: "Did you sense that they had any ill intentions?"
Liang Daoshen shook his head and said, "Not at all."
Zhang Fei asked, "Do they usually complain about the court?"
Liang Daoshen hesitated for a moment and said, "That depends on how you say it."
Zhang Fei asked: "What do you mean?"
Liang Daoshen said: "If the labor is heavy, they will complain about it."
Zhang Fei said: "But what does this have to do with the court?"
Liang Daoshen said, "Of course it is related, because the labor service is arranged by the court. If they want to complain, they must complain about the court. This is normal. The bartender in the store will also complain that it is too hard and the wages are too low if he delivers a few more drinks."
Everyone looked at him in surprise.
When Liang Daoshen came up, almost everyone thought that Liang Daoshen would definitely side with the Imperial City Division and would not side with a few wing soldiers. But it turned out that it was not the case!
Liang Daoshen's answer was exactly in line with Zhang Fei's words.
However, the ministers quickly reacted.
Liang Daoshen is the immediate superior of their soldiers. Will he be implicated?
Now that the Procuratorate has stood up and appealed for the two soldiers, they must support the Procuratorate!
Once he is convicted, the Imperial City Bureau will expand the case. Even if he is not killed, he will be blackmailed to the point of losing all his property. The whole Qiaoying will definitely support the Procuratorate.
Li Zhien also realized this, a fierce look flashed in her eyes, and she was secretly angry in her heart, you warriors are really short-sighted.
Zhang Fei nodded and asked, "Regarding the salary in your camp, I heard from the first witness that it has been insufficient for many years. Is that true?"
Liang Daoshen nodded and said, "Yes."
Zhang Fei asked: "Why?"
Liang Daoshen said: "This is because more and more soldiers are being recruited, but the financial resources have not increased, so the money is naturally less."
Zhang Fei asked: "Why are there more and more soldiers?"
Liang Daoshen said, "That's because every year there are natural disasters of varying sizes that cause some people to become homeless. However, the government has always been benevolent in governing the country, so they can only help these refugees find jobs in the military camps to help them get through the difficult times."
Wang Anshi couldn't help but breathe a sigh of relief.
Zhang Fei asked: "Why did you pay the full salary last month?"
Liang Daoshen said, "It's mainly because at the last hearing, the government learned that the labor service was so heavy and couldn't bear it, so they allocated 300,000 strings of cash from the treasury to help the people of Hebei. Therefore, the government decided to pay the river laborers in the capital in full."
Han Qi and the others almost laughed out loud at the flattery.
This is obviously beneficial to Zhang Fei. As long as the emperor is separated from it, the procuratorate will have an easier time!
Zhang Fei asked, "Will you still pay me enough salary in the future?"
Liang Daoshen said: "Not necessarily. If the Xiangbing continues to recruit people, the salary each person gets will naturally become less and less."
Zhang Fei asked, "In the past two or three years, has the river service in the capital been heavy?"
Liang Daoshen nodded and said, "It is very heavy, because the Bian River has been repaired in recent years."
Zhang Fei lowered his head and glanced at the copywriter. "But as far as I know, your Bridge Battalion is specialized in repairing bridges. Why would you repair the river?"
Liang Daoshen said: "This is called the Bridge Battalion, but in fact our battalion does everything. This is mainly based on the requirements from above. If the working hours are short, we will let our people repair the river, or if there is a shortage of people for the canal transportation, we will also let our soldiers do the transportation."
Zhang Fei asked curiously, "Wouldn't that be very chaotic? The government doesn't know how many people they have hired. The people who are supposed to repair the bridge are now working on the canal. Who will repair the bridge?"
Liang Daoshen hesitated for a moment and said, "Sometimes this kind of confusion will occur."
A smile flashed in Wang Anshi's eyes.
Zhang Fei asked again: "How many days of rest do the soldiers in your camp have every month?"
Liang Daoshen said: "It's been less recently, I don't know the details."
Zhang Fei asked again: "Have any soldiers died from exhaustion?"
Liang Daoshen nodded and said, "Yes, that's true."
Zhang Fei then asked: "Have there been any ineffective projects? For example, this month they decided to build a bridge, but next month they decided that the bridge should not be built in this way, so they demolished it again."
Liang Daoshen nodded and said, "That's true."
Zhang Fei continued to ask: "Why?"
Liang Daoshen said: "These are all decisions made by the higher-ups. We are only responsible for doing the work."
Zhang Fei asked: "If I fail to complete the task, will I be punished?"
Liang Daoshen said: "Yes."
Zhang Fei asked: "So Liang Yuhou, you must urge them to complete the work, even if it means working day and night?"
Liang Daoshen said: "It happens sometimes."
Zhang Fei asked again: "Are there any soldiers who complain about the above matters and point the finger at the court?"
Liang Daoshen said: "It happens often."
Zhang Fei asked, "Won't this disturb the morale of the army?"
Liang Daoshen said: "This is very common in canal transport and river transportation. They will also reprimand them for it, but we hope they will speak out instead of keeping it in their hearts."
Zhang Fei asked: "Why?"
Liang Daoshen said, "Because if they speak out, they will feel more comfortable, and the higher-ups will pay more attention to them and either comfort them or reprimand them. If they keep everything to themselves, then we don't know what they are thinking, and something bad might happen."
"Thank you very much Liang Yuhou for being able to testify."
Zhang Fei smiled and nodded, then said to Zhao Yan: "I have no problem for the time being."
Many people couldn't stand watching this kind of cooperation.
Li Lei stood up impatiently and asked Liang Daoshen, "Liang Yuhou, do you know that Hu Changbai and Qiu He were arrested by the Imperial City Division?"
"I object."
Zhang Fei said: "What do you mean by arresting and bringing to justice? The first and second witnesses have not been convicted yet. The Imperial City Division does not have the power to judge. If the other party asks this question, it will lead others to think that the first and second witnesses are guilty."
Zhao Yan said: "The objection is valid. The defense should be careful with the wording."
"yes."
Li Lei immediately changed "arrest and bring to justice" to "arrest on the charge of slandering the government."
Liang Daoshen nodded and said, "I know."
Li Lei asked: "If Hu Changbai and Qiu He are convicted, does Liang Yuhou think he will be investigated and punished for this?"
"I object."
Zhang Fei, who hadn't even sat down yet, stood up again and said, "The defense is trying to induce the witness to testify."
Li Lei said: "I just want to clarify the interest relationship between Liang Yuhou and this case."
"The objection is invalid."
Zhao Yan shook his head.
Zhang Fei scratched his head awkwardly, then sat down.
Liang Daoshen hesitated for a while and said, "Maybe."
Li Lei said, "According to our investigation, if there are soldiers in the camp who slander the government and disturb the morale of the army, and Yu Hou does not stop them, but is reported by others, Yu Hou will most likely be investigated and punished. Does Liang Yu Hou agree?"
Liang Daoshen nodded.
Li Lei said: "So Liang Yuhou, you hope that Hu Changbai and Qiu He will not be convicted, which will be more beneficial to you."
"I object."
"I'm done asking questions."
Li Lei sat down.
Cheng Yi asked quietly, "Grand Judge, why did Prosecutor Zhang object, and Erbi sat down?"
Zhao Yan smiled and said, "Because he knows that I will definitely rule that his objection is valid."
Cheng Yi asked again: "Why?"
Zhao Yan said, "Because he only used supporting evidence to judge the witness' behavior, but did not produce solid evidence. Does the possibility of being punished for this mean that he will definitely make a confession against his will? There is no direct relationship between the two."
Cheng Yi nodded slightly and asked again: "Since he knew it was wrong to ask this question, why did he still ask it?"
Zhao Yan said: "He is just reminding me and everyone present that Liang Yuhou has a vested interest in this case. We must carefully consider his confession."
Cheng Yi was puzzled and asked, "But the chief judge just said that there is no solid evidence?"
Zhao Yan said, "But there is no solid evidence to prove that he would not make statements that are favorable to the first and second witnesses for his own benefit. Unless the prosecution presents solid evidence, the imperial court will refer to Liang Yuhou's statement to a limited extent."
Cheng Yi nodded and his expression became more solemn. There is really a lot to see in the public security, procuratorial and judicial systems!
For example, why Qi Hui, Su Shi, and Fan Chunren were able to take up positions in other places was not only because they were talented, but also because they had seen many senior cases and many people had discussed the tricks involved.
A court trial is like a battlefield. The problem cannot be solved by just a copy of "Song Dynasty Criminal Code" or "The Art of War".
After Zhang Fei sat down, Qi Ji whispered, "That Erbi is really getting more and more powerful. With just a few words, Liang Yuhou's confession is greatly discounted."
Zhang Fei laughed and said, "I think he is getting dumber and dumber, and he is making no progress at all."
Wang Gong asked curiously, "What do you mean?"
Zhang Fei smiled and said, "Because he has fallen into my trap. Don't forget, we are not defending Hu Changbai and Qiu He, but suing the Imperial City Division. Now is my turn to perform."