Chapter 128: The Controversy over the Trial of the "Song Case".

However, Hong Shuzu is really not angry. When he was reused as the general office of the Jingcheng Mining Bureau, he signed a contract with CrΓ©dit Agricole CIB to borrow 750,000 taels of silver from the assets of the Jingcheng Mining Bureau as collateral, which aroused public criticism, and revealed and criticized him for betraying national interests for greedy kickbacks.

In December of the second year of Xuantong (1910), Chen Kuilong, the new governor of Zhili, impeached him for "doing things ridiculously", so he was dismissed from his post and kept in Tianjin.

He should have made a lot of oil and water when he was in office, so he lived a luxurious life in Tianjin, and befriended Zhao Bingjun, the former waiter of the Ministry of Civil Affairs.

Dissatisfied with the Qing court, during the Xinhai Revolution, he and his in-law Zhao Fengchang secretly operated in an attempt to overthrow the Manchu Dynasty. The edict of the abdication was proposed by the great relatives (not adopted). Therefore, he often regarded himself as a "revolutionary father" and a "hero of the republic".

After Yuan Shikai became the president, Zhao Bingjun was appointed as the Minister of Internal Affairs, and Hong Shuzu was appointed as the Minister of State Affairs at that time. Li Tang Shaoyi was recommended as the secretary of the Ministry of the Interior.

Looking at Hong Shuzu's official status, it can be described as "recruiting power and accepting bribes" and "having a very bad reputation".

On January 22, 1913, Hong Shuzu and Ying Guixin went south to Shanghai to investigate and welcome the National Assembly delegation, and left Shanghai and returned to the north on January 31.

In Shanghai, Hong Shuzu and Ying Guixin noticed the threat of the Kuomintang to Yuan Shikai's regime, so with Yuan Shikai's acquiescence, they first planned to collect black materials and negative news about the Kuomintang leaders Sun Yat-sen, Huang Xing, and Song Jiaoren, and tried to spread them to society, but they failed.

Shortly after the "Song Case", Ying Guixin and Wu Shiying were arrested in the concession. Hong Shuzu fled Beijing on the morning of 26 March and took refuge in the German leased city of Qingdao.

In May, the German court in Qingdao interrogated Hong Shuzu, who insisted that the "destruction of the Song Dynasty" was only to destroy Song Jiaoren's reputation, not to destroy his body, so the Germans acquitted him and continued to live in Qingdao.

About the ending of Hong Shuzu: Japan occupied the German concession in Qingdao and confiscated all the real estate in the concession, and Hong Shuzu assumed the name of Zhang Jiaochang and died in Shanghai. In April 1917, his whereabouts were exposed, and he was arrested by the Shanghai Public Prosecutor and released on bail on April 30.

However, the Kuomintang had already learned the news, and when Hong Shuzu was released on bail and got into the car to leave, a group of Kuomintang people came to the public office to inquire about the news. Among them, Song Zhenlu, the son of Song Jiaoren, recognized that the person who got into the car was Hong Shuzu, and immediately jumped into the car and twisted Hong Shuzu off. He was escorted to the police station and later transferred to Beijing. During the court proceedings, he refused to admit his guilt.

On March 27, 1918, the Dali Yuan sentenced Hong Shuzu to death. On 5 April, Hong Shuzu was hanged, which was also the first time that the Republic of China used a hanging machine. The concubine of Hong Shuzu. I found the hospital in Beijing that is best at connecting corpses, and sewed up my head before burying it.

It is said that Hong Shuzu left a couplet before his death: "Serving the official government will bring disaster to the body, and consciously have a clear conscience; In troubled times, life is better than death, where is the dust. ”

That's for later.

Now, let's go back to the trial of Song Jiaoren's assassination. After consultations among various parties, the Consular Corps of the Concession decided to transfer the "Song case" to the local Chinese court after the conclusion of the seventh preliminary trial in the judicial court.

After receiving this news, the Kuomintang side reacted quickly and proposed to organize a special court in Shanghai to conduct a trial. After that, Cheng Dequan, the governor of Jiangsu, who was in charge of the "Song case", telegraphed this proposal to Yuan Shikai and the Ministry of Internal Affairs and the Ministry of Justice in Beijing.

Yuan Shikai replied on the same day and agreed to the establishment of a special court, but Beijing had major differences with the Kuomintang over the organization and location of the court.

Xu Shiying, chief of justice, believes that the assassination of Song Jiaoren has a great impact and should be submitted to the Dali People's Court in Beijing for a public trial. The Kuomintang believed that since the case took place in Shanghai, a special court should be set up in Shanghai to try it.

To this end, the Kuomintang preemptively organized a special court with Huang Ying as the referee and Wang Chonghui and Wu Tingfang as the judges, and submitted it to the central authorities for approval.

In this regard, Beijing is very dissatisfied, because Wu Tingfang is the former provisional ** chief justice of Nanjing, and Huang Yin and Wang Chonghui are both revolutionaries, and Xu Shiying, the chief of justice, thought twice, and then proposed that the Shanghai District Procuratorate be responsible for the trial.

The Kuomintang did not agree to this proposal and tried to hold their own views on the basis of reason. Cheng Dequan, the governor of Jiangsu, was in a dilemma, so he had to call Yuan Shikai again to emphasize the importance of organizing a special court.

Yuan Shikai replied after receiving the telegram, saying that the chief justice refused to countersign, and he had no right to refuse, so he could not issue an order according to the opinions of the Kuomintang.

Later, Xu Shiying made another concession and proposed that Wu Tingfang should be the acting presiding judge of the Shanghai District to hear the case, but the Kuomintang side still insisted on the original proposal. In the midst of this dispute between the north and the south, the murderer Wu Shiying suddenly died on April 24.

After the "Song Case" occurred, Cheng Dequan, the governor of Jiangsu, and Ying Dehong, the chief of civil affairs, rushed from Nanjing to Shanghai to supervise the case. But right under their noses, the most important culprit, the murderer Wu Shiying, seemed to have died unexpectedly and accidentally, which caused great dissatisfaction in the public opinion circles.

In fact, it was later found out that the cause of Wu Shiying's death was indeed due to illness, but because the time of death was too sensitive, it was easy to make people think about it.

Under this pressure, Cheng Dequan and Ying Dehong made public all the evidence related to the "Song case," that is, the secret telegrams of Ying Guixin and Hong Shuzu, on 26 April.

After learning that Premier Zhao Bingjun and Secretary of the Ministry of Internal Affairs Hong Shuzu were suspected of "assassinating the Song Dynasty" conspiracy, the Kuomintang crowd was excited.

Huang Xing then called Yuan Shikai: directly pointed to the "country. Business. Courtyard. Total. Zhao Bingjun is the mastermind of the assassination". It is believed that the current Governor Cheng Dequan's plan to organize a special court in Shanghai has been vigorously opposed by Attorney General Xu Shiying, and he has ulterior motives.

According to Xu's proposition, the court is under the fence of Beijing's Dali Yuan, and whether the case can be tried fairly, whether the criminals will be punished as they should be, and whether the court will obstruct the fairness of justice, all of which are worrying.

Moreover, the "Song case" involves **, the chief justice is a member of the State Council, and his boss Zhao Bingjun is a giant criminal in the case, how can it not make people question? At the end of the telegram, Huang Xing asked Yuan Shikai to "hold the British decision alone and not be moved", and to "determine the people's hearts by maintaining the overall situation".

Two days later, Yuan Shikai called back, saying that the total. Li Zhao Bingjun and Ying Guixin only sent a letter once, that is, on January 14, a cover letter to the "password telegram", and stated that in the future, "there will be a telegram sent directly to the country. Business. Court", if Zhao Bingjun is the main culprit in the "Song case" on the basis of this letter alone, it will be untenable in terms of law and evidence.

Moreover, "those who have made a second and third revolutions in recent years have all pretended to be great men, and if they are used as a medium to blame the trouble, everyone will inevitably be in danger."

"The dealings between Zhao Bingjun, Hong Shuzu, and Ying Guixin are like A and B plotting with D, A lied to B that C had instructed him, but C didn't actually know about it, and it would be unfair to convict C on this basis. The most important issue now is to ask the legal department to study all the evidence in detail, and wait until the evidence is available and the trial is open to the public.

Regarding Huang Xing's request for him to directly order the establishment of a special court, Yuan Shikai was quite unimpressed. In his reply, he said that since the Republic of China is a constitutional state, the principle of judicial independence cannot be easily destroyed. Attorney-General Hui Sai-ying's refusal to counter-sign in order to protect the law is his position and he has no impartiality. If he is allowed to resign, there will inevitably be a wave in the judicial circles. In this way, it has a significant impact on the overall situation. At present, "the national affairs are difficult, the people's hearts are sinister, and the atmosphere is shifted", I hope Huang Xing can understand.

Yuan Shikai's words can be described as high-sounding and leaky, and he blocked Huang Xing's questioning at once. In private, Yuan Shikai was very dissatisfied with the practices of Cheng Dequan, Huang Xing and others.

The Minli Pao reported on June 2, 1913, that Tan Renfeng and Wang Zhixiang visited Yuan Shikai on May 18, and Yuan Shikai said: "People say that I am breaking the law, but I am not breaking the law at all. The 'Song case' is pending a court decision, and the loan (referring to the aftermath of the big loan, which will be discussed later) will be resolved by the Congress. The National Assembly will do whatever it takes, and why should I break the law? The evidence in the Song case is stamped by Huang Keqiang, and Huang Keqiang is neither an executive nor a judicial officer, so how can he be sealed? That is, it is illegal, and I am still responsible? ”

In addition, as a ** official, what authority does Cheng Dequan have to publish evidence that should have been released by the court? As for Huang Xing's request for his own arbitrariness and order the establishment of a special court, "Isn't it difficult for a strong man to bear the charge of interfering with judicial independence?" ”

As far as the judicial process is concerned, Huang Xing's approach is indeed inappropriate. should be the key offender in the case", such as asking **** to interfere in the judiciary, this is undoubtedly a violation of the principle of the rule of law.

In this regard, Vice President Li Yuanhong also issued a telegram, saying that the republic should give priority to justice, and neither allow the administrative organs to illegally interfere nor allow the legislature to infringe on it at will. The case of the assassination of Song is purely a legal issue, and Cheng Dequan and others announced that the evidence did not come from the court but from the army, which is inevitably illegal.

As Song Jiaoren's close friend for many years, Huang Xing's excitement is understandable, not to mention the lack of the concept of the rule of law in China at that time, and the democratic republic has just been established, the so-called "separation of powers, judicial independence" and so on, most of these things stay at the conceptual level, once they enter the operation stage, it is inevitable that the concept will be distorted because of personal likes and dislikes or group interests.

On the side of the revolutionaries, it was not only Huang Xing who advocated a tough attitude towards Yuan Shikai, but also another revolutionary leader, Sun Yat-sen.

After the assassination of Song Jiaoren, Sun Yat-sen learned the news the next day and decided to return to China immediately.

Four days later, Sun Yat-sen and his entourage returned to Shanghai, and then held a meeting to discuss the handling of the "Song case."

Huang Xing and others advocated a legal solution, and unlike Huang Xing, Sun Yat-sen believed from the beginning that Yuan Shikai was behind everything.

The day after returning to Shanghai, Sun Yat-sen called on the Japanese Consul General in Shanghai, Ariyoshi Akira, and said: "The assassination of Soong Jiaoren is quite important. Since the return of the dynasty to Shanghai yesterday, according to the reports received, although the number of them is small, the evidence from Yuan Shikai is vivid. ”