Chapter 37: Court 4
Gu Yansheng scanned the entire room, exchanged a glance with the French consul, received an earnest and serious nod of agreement from Mr. Consul, and said, “Very well put.”
Smith suddenly stood up. “This lawyer still hasn’t made it clear!
Why, when there was clearly no attack at the Police Station, could these Japanese soldiers still actively arrest people? Isn’t this the manifestation of having independent law enforcement power?
Even if only temporary! The auxiliary law enforcement power you mentioned! That can only be auxiliary!
French people take action, Japanese can take action; if French people don’t take action, why should Japanese take action!
What authority do they have to bypass the French people and directly arrest people!
The only explanation is that they already possess independent law enforcement power!
Otherwise, the French Police should have arrested them all together! But the fact is they didn’t! Everyone in the world knows it!”
Gu Yansheng didn’t even look at him, turned to the audience seats, and held up one finger.
“The most basic reason!
The transfer of law enforcement power requires the two governments to conclude a formal agreement, and France and Japan have never signed such an agreement, while the Municipal Council, as a local administrative body, actually has no right to cede sovereignty at all.
He doesn’t even have the power to make decisions, so how can he cede sovereignty?!”
“That may not be true!”
Smith said coldly and loudly: “On the surface, there was no announcement or signed agreement, but privately whether there was or not, no one can definitely say there wasn’t!
History has long proven that the French are not a tough nut to crack!
As early as last year’s Shanghai war, the French Concession, out of fear of Japanese occupation, allowed Japanese soldiers to pass through the French Concession to pursue Chinese soldiers! Was there an agreement for that?!”
Oh, a chorus of exclamations rose from below.
“You’d better produce evidence!” Gu Yansheng’s voice suddenly drowned him out: “Defendant’s Lawyer, watch your words, or you might end up in court again for defamation, but then it won’t be the lawyer’s seat, but the defendant’s seat!
Your Honor, I demand that the defendant’s lawyer retract his words and sincerely apologize. This matter has nothing to do with the current case!”
“This is an account of the French Concession’s past behavior toward the French! This is evidence mirroring what is happening now! However, I retract this statement. Mr. Consul, I apologize!” Smith said in a deep voice.
The impact had already been made; this was just how tactics worked in court.
The judge couldn’t say anything, cleared his throat with a cough. “Defendant’s Lawyer, I warn you again: watch your words, or I will impose punishment on you.”
“Yes, Your Honor, I will be careful.” Smith quieted down, bowed his head to the French consul Richard: “I apologize again.”
He sat down gracefully.
Richard’s face was extremely grim. Having his scars exposed in such a setting made him hate Smith to the bone. The impact had been made—how to salvage it?
He looked at Gu Yansheng; this was his only hope.
Gu Yansheng stood at the front, facing this unexpected attack. His mind raced like a storm. To satisfy the client’s wishes, he absolutely could not just win this lawsuit; he had to erase the stain entirely.
Otherwise, the resolution would not be perfect and would affect his next plan.
“As a lawyer, I truly hope you can stand on a fair position.”
Gu Yansheng looked at Smith as he said this, then turned to the judge, looked at everyone, and said: “Everyone knows that in this war that has lasted several months, both sides have suffered countless casualties.
And Britain, the United States, and France, as other neutral forces in Shanghai, with their autonomous territories in the concessions, have had to get involved in this war at times.
Either transporting supplies or protecting civilians.
The defendant’s lawyer tries to use past events to prove whether the French Concession is standing neutral today. I’ve only recently come to Shanghai and am not clear on past events.
But some things, I know very well!
That is, the Chinese population now living in the French Concession and the British American Concession! That is much greater than before the war! Even several times more!
Who is protecting them?”
Gu Yansheng looked at the people present below, pointed a finger to the sky. “I want everyone to remember! If France stood with Japan! Then these Chinese in the French Concession should be wantonly arrested and killed! And in last year’s war through the beginning of this year, they shouldn’t have! Nor could they have obtained the chance to enter the French Concession!
Compared to the baseless speculation raised by the defendant’s lawyer, the data on the Chinese population now living in the French Concession, and even in the British American Concession, that is the ironclad evidence!
That is the evidence proving the safety of the concession!
That is the irrefutable proof composed by all the Chinese communities living in the concessions through their own choices!
The French Concession is safe!”
Deafening, this was indeed an iron fact. People in the audience, especially foreigners, nodded frequently.
“Therefore, the baseless speculation from the defendant’s lawyer has no meaning at all. Using such words as side evidence is utterly ridiculous!”
Gu Yansheng finished, lowered his volume. “I won’t elaborate further, because I think discussing this issue is meaningless and a waste of everyone’s time; this is not what this court is to discuss.”
As Gu Yansheng turned around, he gave Richard a reassuring look.
What more could Richard say? He felt like crying; his mood was like being on an airplane—one moment kicked down to hell, the next pulled back up.
Gu Yansheng, brother! Good brother!
“Let us return to the previous question.”
Gu Yansheng looked at the judge.
“Your Honor, in the defendant’s lawyer’s agitated speech just now, he let true feelings slip and personally admitted that Japan and France have no publicly announced signed agreement, and privately whether there is or not, no one can definitely say there isn’t—that is, there is fundamentally no evidence.
And as I said earlier, the decision-making power over the transfer of law enforcement power does not lie with the French Concession, so it is impossible to transfer law enforcement power.
On the contrary, not only did the French Concession not transfer law enforcement power to the Japanese authorities, it has also been very restrained regarding Japanese military force use in the French Concession.
In facing diplomatic situations, personnel can be increased for protection, but they absolutely cannot be armed.
This is both to maintain the authority and dominant position of the French Concession and to safeguard its long-term peace and stability.
And the Japanese side also trusts the French Concession’s ability in defense.
So after the restaurant incident occurred, important figures were sent to the Police Station for temporary refuge, with their own people maintaining public order around.
As for the Japanese security personnel taking action to arrest suspects in the heat of the moment, this was simply very normal protective behavior.
Suppose we were the security captain of this escort operation, having just experienced an assassination attempt, then escorting our country’s important figure home to rest.
Then discovering suspects nearby, that is, suddenly hearing someone was to be assassinated, and at that moment, there was indeed an abnormal crowd flow near the residence—wouldn’t we make the same arrest judgment in the heat of the moment?
As a guard, at such a time, asking ourselves honestly, wouldn’t we not be so concerned with issues of law enforcement power or not?
Should we let the assassin strike while reporting to the French Concession, and only cooperate in the arrest after the report comes back?”
Some approving laughter came from the audience.
“Therefore, the so-called arrest without law enforcement power that occurred in the alley beside the Police Station was simply instinctive behavior as guards.
It was a bit reckless, but it’s human nature, right? We can’t expect every soldier to be exceptionally wise, can we?
And as for whether they arrested the wrong people, couldn’t that be handed over afterward to the nearby French Police Station, which truly has law enforcement power, to verify identities?
And in the end, according to what I know, after investigation by the French side, decisions were made to release all those wrongly arrested, and they were all released by the second day after the incident.
So from beginning to end, this case is simply a very normal diplomatic incident, just one where a low-key visit was unexpectedly turned into a citywide storm.
And the major newspaper companies, without knowing the truth and without factual basis, fueled the flames based on the partial scenes they saw.
Speculation and wild imaginings caused serious harm to the involved parties.
This is harm to the French Concession, and more importantly, harm to a heart that has always been diligently striving to maintain peace in the French Concession.
The French Concession, which has held such firm lines and protected so many people, has always been a peaceful haven in Shanghai.
I just want to ask everyone present: Consul, Editor-in-Chief, reporter friends, and even the defendant’s lawyer opposite.
Everyone lives in Shanghai. Even if you win this case today, let you cheer, let you continue to loudly proclaim in the media that the French Concession indeed transferred law enforcement power to the Japanese Gendarmerie Headquarters, you win!
Have you thought about the consequences of shattering this heart that you baselessly speculated and destroyed?
Will the life you experience in Shanghai today still be as comfortable as it is now?
Will those Chinese living in the French Concession truly be grateful to you?
Did you really win?”
Smack, Gu Yansheng threw the newspaper on the table, shook his robe, and sat down.
“Your Honor, I have no further questions.”
