CH 6

Bang!

“Who appears before the court?” Xu Zun banged a wooden block and asked authoritatively.

The three men bowed and introduced themselves.

In the Song Dynasty, ordinary cases did not require trial participants to kneel while answering questions, but kneeling was required in capital cases. If Ayun were here, she would not have the right to stand.

Xu Zun asked again, “What grievances do you have?”

Zhang Fei said respectfully, “Your Lordship, my client, I mean, Wei Ada, was nearly murdered a few months ago and almost lost his life. He is still in shock and unable to speak clearly, so he has asked me to represent him in court.”

Xu Zun nodded slightly and said, “I am very familiar Wei Ada’s murder case and I deeply sympathize with his experience. Therefore, I shall allow you to represent him. Also, considering Wei Ada’s injury, I shall give him special dispensation to sit during the trial to avoid exhaustion.”

Immediately, a bailiff brought a chair forward.

Towards Wei Ada, Xu Zun felt a bit of guilt in his heart. He hoped to help Ayun avoid the death penalty, so he treated Wei Ada very well to make it up to him.

Wei Ada, a simple and honest man, felt that he didn’t need to sit in the court. He was extremely scared and wanted to refuse the prefect’s kindness. But after being stared at by Zhang Fei, he stuttered a few words of thanks and sat on the chair, as if he was sitting on pins and needles. Honestly, he would have preferred standing.

Xu Zun asked again, “What grievances does Wei Ada have to report?”

Zhang Fei immediately said, “Your Lordship, on behalf of Wei Ada, I am accusing Fang Datian of causing great physical and mental harm to Wei Ada.”

Upon hearing this, Fang Datian felt very wronged. He was about to defend himself when Xu Yuan, the chief clerk, interrupted, “As for this case, it has been established by official investigation that it was Ayun who plotted to murder Wei Ada, and that Fang Datian had no prior knowledge.”

Fang Datian looked at Xu Yuan with teary eyes.

What a just official!

Zhang Fei said, “Ignorance does not mean innocence. Firstly, Fang Datian used marriage to fraudulently appropriate property…”

Before he could finish his sentence, Fang Datian immediately defended himself, “I am wronged! At that time, I genuinely wanted to arrange my niece to marry Wei Ada. I had no fraudulent intentions, and I have already returned the betrothal gift to their family.”

Xu Zun nodded and said to Zhang Fei, “Regarding what Fang Datian said, I have already investigated it before, and there was no intention to defraud.”

Zhang Fei asked Fang Datian, “When you proposed the marriage, did you mention that your niece is kind, pretty, gentle, and virtuous?”

Fang Datian replied, “Yes, I did say such things, but I did not lie. If you don’t believe me, you can ask around my village. My niece Ayun is just as I described.”

He was not stupid either, quickly adding, “I don’t know why the girl would suddenly take a knife and try to kill. If I had known beforehand, I would have definitely stopped her.”

Zhang Fei said, “That’s just your side of the story. The fact is, Ayun’s actions are in no way consistent with gentleness and virtue.”

Suddenly, Xu Yuan spoke, “But Fang Datian didn’t lie. This cannot be considered as using marriage to fraudulently appropriate property.”

Zhang Fei clasped his hands and asked, “May I ask, Chief Clerk Xu, suppose a close relative of mine is seriously ill, and a doctor comes to the door saying he has a cure for the disease. However, after taking the medicine, the patient dies. Is the doctor not responsible?”

Xu Yuan hesitated for a moment, then nodded, “If indeed it is due to the medicine, the doctor should be responsible.”

Zhang Fei continued, “But the doctor says that this medicine has cured many people and is well known far and wide. He did not intentionally cause harm. Can he thus be absolved of guilt?”

Xu Yuan replied, “Even so, he must bear responsibility. But these two things cannot be treated the same. The doctor handing over the medicine is handing over an object, while Ayun is a person who has autonomy and can take her own actions. Now Ayun has submitted to the law and has pleaded guilty. In that way, Wei Ada has been given redress.”

“Ayun is Ayun, she cannot represent Fang Datian. To continue with the medicine analogy, if the doctor takes the money but does not sell the medicine to the patient, it is certainly a case of fraud. At the same time, if the doctor’s medicine does not work and even worsens the patient’s condition, this is also a fraud. I fully believe that Fang Datian genuinely intended to marry his niece to Wei Ada. But…”

Zhang Fei’s tone shifted and continued, “It was Fang Datian who originally came to Wei Ada, boasting about his niece’s gentleness, virtue, and beauty, tempting Wei Ada to use his family’s ancestral lands as a bride price for the marriage. This was not done out of the goodness of his heart, but instead was for his personal interests. And it turned out that his niece was not a kind and gentle person at all, directly resulting in physical and mental harm to Wei Ada. This is sufficient to constitute using marriage to fraudulently appropriate property.”

Fraud could lie in the misrepresentation of the qualities of the goods in question, not just in the handing over of the goods.

Xu Yuan said, “If there was indeed some misunderstanding between Fang Datian and Wei Ada, the government will consider it accordingly. But the crime you are accusing him of is injury.”

Zhang Fei said, “May I ask Chief Clerk Xu, but for Fang Datian’s fraudulent behavior, would Wei Ada have suffered injury?”

Xu Yuan shook his head.

Zhang Fei said, “In other words, Wei Ada was injured due to Fang Datian’s fraud, but since it was unintentional and he has voluntarily surrendered by cooperating with official investigation, he is eligible for ‘exemption from the initial offence’, that is, exemption from his offence of fraud and holding him accountable for the offence of injury.”

Xu Zun’s eyes sparkled, and he held back his laughter without saying a word.

Applying this legal principle here was much more reasonable than applying it to Ayun!

As for this ‘exemption from the initial offence’, Xu Yuan was even more indignant, and immediately retorted, “I just said that the government will consider the claim of fraud, not that he has been judged to have committed the offence of fraud. After all, Fang Datian marrying his niece to Wei Ada is a normal act done by an elder of the family, and as far as I know, many parents and matchmakers tend to exaggerate when arranging marriages. If we consider this as an offence, I fear many people would come to file complaints.”

He was also very experienced and understood that although Zhang Fei was accusing Fang Datian of injury, the key lay in whether fraud was made out.

One aspect of the concept of ‘exemption from the initial offence’ was exemption of the initial offence. But the flipside of the concept was confirming legal liability for injury that causally resulted from the initial offence.

If fraud was not shown, then ‘exemption from the initial offence’ cannot be invoked, and thus, the offence of injury was out of the question. After all, Fang Datian was not the one who physically assaulted Wei Ada.

So the issue went back to the question of fraud. The issue of whether describing a girl up for marriage as gentle and kind could constitute fraud, even if the girl was not in fact gentle and kind, was a contentious one. Xu Yuan could cite numerous examples to prove that this did not constitute fraud.

Because that is what everyone would say when they act as matchmakers. It could even be considered a common description of girls up for marriage. Even the laws of later generations would find it difficult to make a judgement based on this.

Zhang Fei calmly responded, “Chief Clerk Xu, you are mistaken. Fraud would necessarily hide among common practices. Otherwise, it would be difficult for the fraud to succeed. If this is something everyone says, then why are there no other cases? Everything happened because Fang Datian was too greedy and too eager to acquire the Wei family’s land. He disregarded Ayun’s feelings and did not honestly convey Ayun’s thoughts to Wei Ada, resulting in this tragic incident. Although he had no intention of harming others, he did have the intention of gaining wealth. His heart was not set on bringing a happy couple together for the benefit of both, but driven by his own greed. He used lies to obtain benefits, and this is enough to constitute the offence of fraud.

“Besides, as far as I know, Ayun was mourning for her mother at the time. According to the laws of our dynasty, it was legally impossible for her to get married at this time. Furthermore, this law concerns filial piety and is widely known. But Fang Datian, knowing that a legal marriage was impossible, insisted on marrying Ayun to Wei Ada, resulting in a void marriage. Demanding land for a void marriage is enough to determine that this is an act of fraud.”

Upon hearing this, Xu Yuan’s brow furrowed, and he couldn’t help but look at Xu Zun.

Xu Zun seemed to expect his gaze and subtly gave him an innocent look.

This has nothing to do with me.

I’ve underestimated this guy. Xu Yuan suddenly seemed dispirited.

He would never allow finding Fang Datian fraudulent just for singing a few praises of his niece.

But if the argument was based on the prohibition of marriage during the mourning period, he might find it a bit tricky.

It was not because this is what the law prescribed. After all, according to customary rites amongst the people, betrothal and the payment of bride price could still take place during the mourning period. Only wedding ceremonies were prohibited.

So what Fang Datian did couldn’t be said to be against customary rites and decorum.

However, the key was that Xu Zun had already used this law to object to the decision of the Court of Judicial Review, and the Court of Judicial Review had also withdrawn the charge of ‘heinous crime’, ruling that the parties were not married. If he were to now say that the parties could be married, would the Court of Judicial Review let them off?

Such double standards could truly affect Xu Zun’s political career.

Although Xu Yuan was unwilling, he could only nod and say, “Indeed, the law prescribes so.”

He dared not argue further.

Fang Datian suddenly became panicked. Any discerning person could see that Xu Yuan was inclined towards him. This was intentional on Xu Zun’s part, to ensure fairness since Fang Datian was unrepresented.

But for Zhang Fei, it was not enough to handle Xu Yuan alone. Since this was a matter of public sentiment, he still needed to convince the spectators to accept this argument.

Zhang Fei suddenly looked around and said in a resounding and firm voice, “Without a doubt, Wei Ada is the biggest victim in this case.”

The biggest victim?

Not the only victim?

Xu Yuan thought that that was a strange choice of words.

There was a hint of a smile in Xu Zun’s eyes, but he remained silent, allowing Zhang Fei to continue.

Zhang Fei continued, “Moreover, the mental damage inflicted on Wei Ada in this case far surpassed the physical harm he has suffered.”

At this point, he sighed and said, “Due to Wei Ada’s ugly appearance, he has been ostracized by his playmates since childhood. As he grew older, he faced rejection from others. Now, he is already in his thirties and still unmarried.

But this physical appearance was a gift to him from his parents. It is not his fault. Yet, he has endured such suffering. Oh, the heavens are unfair.

Initially, Wei Ada had resigned himself to a life of loneliness, but Fang Datian gave him hope. However, it was also Fang Datian who pushed him into the abyss.

A woman would rather risk her life to murder him than to marry him. What a huge blow it is to him.”

As the story reached this point, a mournful cry was heard. Wei Ada was seen sitting in a chair, holding his head, and sobbing.

This scene deeply moved everyone present!

Many women even covered their faces and wept.

Even Xu Yuan couldn’t help but sigh and lower his gaze.

Tears glistened in Zhang Fei’s eyes as he let out a long sigh and said, “I don’t know the exact circumstances of the Fang family at that time. What we know is that Ayun had expressed her opposition beforehand, but as is evident, her objections were to no avail. On the contrary, she was forced to marry Wei Ada, leading to this tragic incident. So, who pressured Ayun into marrying Wei Ada? It was Fang Daitian himself.”

Zhang Fei pointed towards Fang Daitian and continued, “Just for one and a half acres of the Wei family land, he forced his brother’s daughter to abandon her filial piety. He is an unworthy younger brother, an unworthy uncle, and an unworthy person. He must take responsibility for this. However, considering that he did not have any intention to cause harm, I humbly request the prefect to rule that Fang Daitian compensates Wei Ada with eight acres of land for the harm he has caused to him.”

Although Fang Daitian was more skilled in rhetoric than Wei Ada, he felt intimidated in the courtroom and had been reluctant to speak. Now, upon hearing that he had to compensate with eight acres of land, he became desperate and burst into tears on the spot, “Prefect, it’s a misunderstanding! A misunderstanding! I had only good intentions, and I never wanted to hurt anyone.”

However, most people present responded to his crying with cold eyes.

How despicable!

Xu Zun asked, “Is that so? Let me ask you, why did you arrange for Ayun to marry Wei Ada during the mourning period?”

Fang Daitian argued cunningly, “Many people arrange marriages and collect bride prices during mourning periods. It’s just that they wouldn’t conduct the wedding ceremony. I’m not the only one who does this!”

Xu Zun said, “But most of them do it out of care for the younger generation,[1] not out of malicious intent or for their own personal gain. What Zhang San said is correct. As an elder, while the bodies of your brother and sister-in-law were still warm, you forced marriage upon your niece for your own personal gain. Your motives are truly despicable.”

After speaking, Xu Zun turned to Zhang Fei and asked, “You demanded compensation of eight acres of land on behalf of Wei Ada. Do you have any basis for this number?”

Eight acres of land was not a small number. Even Xu Zun had not expected Zhang Fei to demand so much in compensation.

“Yes!”

Zhang Fei said, “For Wei Ada, what he needs more is compensation, rather than punishment of the offender. That’s because the harm he has suffered will greatly affect his future life. Not giving compensation would be equivalent to letting him die a slow death. So, he hopes that the law can bring him justice and make up for his loss.”

With that, he immediately pulled out a piece of paper and said, “This clearly states the details of how compensation should be calculated. I do not ask for a penny more.”

Xu Zun gave a nod to Liu Hai.

Liu Hai immediately went to take the document and then presented it to Xu Zun.

Xu Zun took a look, his eyes nearly bulging out. Compensation could be calculated in such a detailed way? What a talent!

Little did they know that Zhang Fei used to do this kind of work in the law firm, though this was his first time speaking in court.

After reading, he passed it on to Xu Yuan.

Xu Yuan took a look, and his expression mirrored Xu Zun’s. He had never seen such a detailed compensation document in his life.

First, of course, were the medical expenses.

Then there was the impediments the severed finger would cause Wei Ada in his farmwork, and even the issue of Wei Ada’s future marriage.

Given Wei Ada’s current situation, how much property must he own for him to have a chance of getting married?

There was local data available as to the usual bride price that grooms had to pay. Zhang Fei just doubled this amount, because disabilities would also increase bride prices.

Now Xu Yuan understood why Zhang Fei chose to sue Fang Datian for injury, instead of fraud. In fact, they had been arguing about whether Fang Datian’s behavior constituted fraud, not injury. Injury was only cited by using the logic of the principle of ‘exemption from the initial offence’.

The reason lay in this issue of compensation.

If it were only fraud, the amount of the claim would not be as much. However, if the compensation is demanded for the injury, then much more could be claimed.

Xu Yuan had nothing to say.

Seeing that Xu Yuan had no objections, Xu Zun immediately made a decision on the spot, ruling that Fang Datian had to compensate Wei Ada with eight acres of farmland. He also sternly rebuked Fang Datian for violating filial piety, asking him to go back and reflect on his actions.

At the same time, he also accepted Zhang Fei’s argument that Fang Datian did not intend to harm anyone, and therefore exempted from Fang Datian from punishment.

Fang Datian, who had always been miserly, fainted on the spot.

Outside the court, the crowds cheered.

After hearing the case, the people all hated Fang Datian, while feeling deep sympathy for Wei Ada.

He was really pitiful.

“The prefect is fair and thorough. On behalf of Wei Ada, I thank you for giving us redress,” Zhang Fei bowed with his hands clasped.

Xu Zun looked meaningfully at Zhang Fei, who immediately reciprocated the sentiment with a look of gratitude.

With a smile, Xu Zun stood up and left.

[1] Marriage was seen as a good and necessary thing, so the older generation would want to proceed with the child’s marriage so as not to “hold them back in life”, especially if a good marriage proposal was on the table.