Chapter 52: Released for Lack of Evidence

  Originally, the county magistrate of Kang saw Gu Si Fa scolding Xiao Jia Ding and thought he was going to ruin things. Unexpectedly, after hearing Xiao Jia Ding's name, his attitude suddenly changed, and he felt a surge of joy in his heart. It seemed that Tang Sima's recommended person, Gu Si Fa, did not dare to offend easily. He hastily explained: "After this case was sent back for retrial, Xiao Zhi Yi helped me re-examine the case, so I know about it."

  "Hmm..." Judge Gu nodded and looked at Xiao Jiading: "Since that's the case, then tell me, how can this case be convicted without any problems?"

  After all, Xiao Jiading is the person recommended by Tang Sima, which shows that he has a very close relationship with Tang Sima. Not looking at the monk's face but looking at the Buddha's face, Gu Sifa naturally didn't dare to turn his back, and spoke very politely.

  Xiao Jiading said: "This case, I have carefully reviewed all the files. At the time of the original trial, the evidence was sufficient. The defendant confessed, there were eyewitnesses, and there were also dismemberment tools on the scene to corroborate the evidence, which is enough to establish guilt."

  Xiao Jiading was referring to the standard of evidence in the Tang Dynasty. If it were in modern times, such evidence would not be enough to convict someone of a capital offense. However, in the Tang Dynasty, it was already considered sufficient.

  "Uh-huh, what you said isn't wrong either..."

  Xiao Jiading immediately took over, saying: "Since the evidence at that time was sufficient, the verdict of the County Magistrate of Kang was not a problem. So it can't be said to be a miscarriage of justice, because no one could have expected that all these people would turn around and retract their confessions later. Besides, even now, Zhao is still pleading guilty. As long as she pleads guilty, it can't be considered a miscarriage of justice, right?"

  Gu Si Fa said, "I didn't say it was a miscarriage of justice, nor did I mean to assign blame. I just said we must be cautious and cannot force a confession." Gu Si Fa turned his head towards County Magistrate Kang: "Is Zhao now confessing?"

  "Yes." County Magistrate Kang's attitude changed greatly after hearing Xiao Jiading's words, and he finally let out a sigh of relief. Xiao Jiading helped him explain that this was not a miscarriage of justice, which made County Magistrate Kang feel extremely grateful.

  "Can we have another trial? I want to sit in and listen, so I can go back and report to the Governor and Judge Zhong."

  Gu's judicial authority had already brought out the county governor, and the county magistrate of Kang didn't dare say a word. He hastily said, "Alright." Then he turned around to instruct Deng County Wei to prepare for the trial.

  "Never mind, just bring the woman here and ask her directly."

  The county magistrate can only follow suit.

  During this spare time, Gu Sifa unexpectedly started chatting with Xiao Jiading, asking him about his feelings and so on. This arrogant Gu Sifa actually chatted with Xiao Jiading, a small bookkeeper, leaving the real superior officer, County Magistrate Kang, in the cold. Gu Sifa could do this, but Xiao Jiading dared not to be presumptuous, so he simply answered a few sentences.

  Gu Zu knew Xiao Jiading's concerns, so he quickly changed the subject and started talking about Tang Sima. He said that Tang Sima was one of the people he admired most in his life. In terms of criminal law, no one could surpass him. Now that he has arrived in Yizhou, it is a great blessing for the judicial circle in Yizhou. From now on, if we encounter difficult cases, we can also ask for advice. Then he said that Tang Sima attached great importance to evidence when handling cases and did not easily believe the confessions of the accused. This attitude towards handling cases is something that everyone should learn from.

  He said so, and no one had a different opinion. Listening to him speaking in front of the county magistrate and others with a tone of teaching, made Xiao Jiading very uncomfortable, although he was talking to himself, but Xiao Jianding didn't respond with half a sentence.

  At last, Zhao was brought in chains to the flower hall, wearing heavy cangues. Kneeling on the ground.

  Gu's face fell, and he said: "Is it necessary to put such shackles on a mere woman?"

  The county magistrate hastily ordered the jailer to remove the cangue from Zhao's body. Zhao looked very surprised and glanced at Judge Gu.

  Judge Gu said with a warm tone, "Zhao, don't be afraid. I'm here to reinvestigate your case on orders from above. There are many suspicious points in your case and those witnesses have all recanted their testimonies. We suspect that you were coerced into making a false confession. Therefore, today's interrogation will not involve torture. You must answer truthfully: did you kill Tong's son?"

  County Magistrate Kang and others were all stunned, and Judge Gu said this, wasn't he clearly hinting that the evidence for Zhao's case was currently insufficient, letting her retract her confession? If she still pleaded guilty after he said that, it would be strange.

  As expected, Mrs. Zhao immediately knelt down and cried: "Your Honor, I am innocent! I did not kill that child, he is my nephew, I loved him dearly, how could I kill him? I was forced to confess under torture..."

  The county magistrate angrily said: "How dare you...!"

  He had just said these two sentences when Gu Sifa stopped him with a wave of his hand and said, "Let her finish! Don't interrupt her!"

  The county magistrate had to shut up. By right, this case should now be under the jurisdiction of the county government and should be tried by the county magistrate. However, Gu Sifa, who claimed to have come to hear the case, became the presiding judge. He claimed to represent the governor, and the county magistrate did not dare to argue with him.

  Madam Zhao then burst into tears and began to talk incessantly, first saying how good she was to the child, then how good the two families were, and finally how virtuous she was in the village. This time someone had framed her, she didn't kill the child at all, nor did she know what happened, but was caught by the yamen runners. She refused to confess, so she was subjected to severe torture, being beaten until she was on the verge of death. She could only admit guilt. As she spoke, she also showed her own hands to Judge Gu and others, her fingers swollen like a bunch of radishes from the torture.

  She burst into tears, and Gu Sijia listened with a series of nods and sighs, seemingly very sympathetic.

  After Zhao finished speaking, Judge Gu turned his head and looked at the clerk who was taking notes: "Have you written everything down?"

  "I've taken note of it."

  "Good! Let her draw the lottery!"

  After Zhao's painting was pressed, Gu Xian directly ordered that Zhao be sent back to the large prison and said that she was not allowed to be tortured again, nor could she wear a cangue.

  After Zhao was taken away by the bailiffs, Judge Gu took over the confession and looked at County Magistrate Kang and others, saying: "Now, can you tell me if this case can still be convicted?"

  County Magistrate Kang and others did not understand the law, so they naturally looked to Xiao Jiateng. Then, Judge Gu also turned his head to him and said: "Xiao Zhiyi, what do you think?"

  Xiao Jiading said: "In my personal opinion, this case no longer has any incriminating confessions or testimony evidence. The only physical evidence of the murder weapon, the knife, also has major contradictions with the case. Therefore, based on the current evidence, this case cannot be closed. He should be released for lack of guilt."

  Gu's mouth curled up in a satisfied smile, saying: "Xiao Zhiyi is indeed worthy of being favored by Tang Sima, and he is really very familiar with the criminal law. I admire him! - Alright, this case belongs to your county government, you handle it. This official will go back and report now." After speaking, he stood up, bowed his hands to Xiao Jia Ding, but didn't look at Kang County Magistrate and others, and left with his subordinates, holding his belly, and walked away with a swagger.

  County Magistrate Kang and others escorted him dejectedly all the way to the gate of the government office, watching as he got into his carriage and departed before returning to the flower hall.

  County Magistrate Deng said, "County Magistrate Kang, this case can't be handled like this! The woman prisoner has recanted her confession before, and now that we're not using torture, she'll naturally recant again. If not, let's interrogate her once more!"

  The county magistrate hesitated and looked at Xiao Jia Ding.

  Xiao Jiading sighed and said, "It can't be like this. Even if we use torture to get her confession, the case will still have to be reported to the prefecture for trial, and then sent to the Ministry of Justice and the Imperial Court for review. These procedures are not under our control, what if she retracts her confession at that time? The witnesses in this case have all retracted their statements, and there are major contradictions with the knife that cannot be ruled out, which means that except for the defendant's confession, there is no other evidence left in this case. If we report such a case, it will not be approved. On the contrary, it will provoke the prefecture. If at that time, if we really investigate the responsibility, I'm afraid it will be even more passive. In comparison, if we change the verdict ourselves, the prefecture may not pursue the issue of wrongful conviction."

  Xiao Zhīyī's eyes narrowed as he pondered deeply, "It seems quite clear." Deng County Magistrate's mouth curled up into an unintentional smile, "This case is probably going to end like this." He then looked towards Kang County Commander.

  The county magistrate looked at the county lieutenant, Wen Zhuzhi and another county lieutenant, Wen Youde. Even County Lieutenant Deng was a legal ignoramus, let alone the other three. They naturally followed the opinion of Xiao Jiading, who was recommended by Tang Sima. So the three of them nodded in agreement.

  The county magistrate let out a long sigh and said: "It can only be this way. Release Zhao...!"

  ——————————————

  In the late afternoon, Huang Lushi brought the deed to find Xiao Jiatian, smiling and saying: "Xiao Zhiyi, the matter of buying that vacant land in the yamen has been settled. The county magistrate of Kang has also signed it. Come with me to handle the relevant procedures!"

  Xiao Jiading was overjoyed and followed Huang to the workshop. The clerk here had already prepared the relevant documents and eagerly handed them over to Xiao Jiading. Xiao Jiading signed and stamped on it, completing the transfer procedures.

  "What about this money...?"

  "No rush, just give it before the year-end settlement."

  That means I still have more than half a year to raise money, so it should be no big deal.

  Huang Lu sent him out and when they reached the outside, Xiao Jia Ding asked in a low voice: "Those people who also want this land, won't they make trouble?"

  Huang Luoshi smiled: "What you want, Xie Zhixin, no one dares to compete with you for it. Don't worry, there's not a problem."

  Xiao Jiading said: "That's a big thank you, you helped me with such a big favor, how should I thank you?"

  "Big brother, aren't we family? What's the point of saying this?" Huang Lushi smiled and looked around to make sure no one was listening before speaking in a low voice: "The head of the workshop, Wang, is getting old and will be retiring soon. I've been a clerk for over 20 years and I'm really tired. I want to change places and go work at the workshop. If big brother can put in a good word for me with County Magistrate Kang, I'll be eternally grateful."

  The county government's engineering department is equivalent to the Development and Reform Commission. The head of the engineering department is the director of the Development and Reform Commission. This is a powerful and lucrative position. Every year, the county has various projects such as water conservancy, and these projects are managed by the engineering department.