民国大案中的天津律师 TIANJIN LAWYERS IN THE CASE OF THE REPU...
天津律师公会各类档案记录了旧天津外强侵略、内乱不断的社会状况,也呈现了多起在全国产生重大影响的大案要案。那个动荡的年代,与达官贵人、军阀政客关联的案件也折射出了旧社会的专横、贪婪、投机和荒淫无度。这些案件都有律师的辩护和代理,当然,律师也只能在法律框架内为委托人寻求无罪、轻罪或其他的法律帮助。
In many files of Tianjin Bar Association, the social status quo of foreign aggression and constant civil strife in old Tianjin has been recorded, and there have also been many major cases that have a great impact on the whole country.In that turbulent era, the cases related to dignitaries and warlords and politicians also reflected the tyranny, greed, speculation and dissolute of the old society.In these cases, lawyers also participate in defense and representation.Of course, the professional requirements of pattern lawyers were only seeking innocent, misdemeanor or other legal help for clients within the framework of law.
一、周恩来等各界代表案
1.The Case of Zhou Enlai and Other Representatives from All Walks of Life
1919年五四运动爆发,因地处京畿,所以天津各大、中学校师生和爱国青年积极响应,组织学生联合会、女界爱国同志会、各界联合会和国民大会等一系列爱国团体,举行了声势浩大的示威游行和抵制日货运动。
In 1919, the May 4th Movement broke out.Because of its location in Gyeonggi,Tianjin's teachers and students from universities and middle schools and patriotic youth responded actively and organized a series of patriotic groups such as the Student Union, the Women's Patriotic Association, the Federation of all walks of life and the National Convention.There was a massive demonstration and a boycott of Japanese goods.
1920年1月23日,学生联合会调查委员会成员段鸿荫发现东门里魁发成料器庄私藏日货不报,遂组织国民大会成员前往调查。其间与奸商和日本浪人发生冲突,后将魁发成伙计裴唐仙、张云翰带走,监禁起来,次日游街示众。于是,天津警察厅派出军警进行镇压,逮捕了南开学校庶务主任马千里、南开学校学生马骏等20余人,并查封了天津各界联合会和天津学生联合会。
On January 23, 1920, Duan Hongyin, a member of the Investigative Committee of the Student Union, discovered that Japanese goods had not been reported in the Dongmenli Kuifacheng and organized members of the National Assembly to investigate.In the meantime, they clashed with profiteers and Japanese ronin, and later took away Kui Fa's associates Pei Tangxian and Zhang Yunhan, imprisoned them, and paraded the streets the next day.As a result, the Tianjin Police Department sent military police to suppress it, arrested more than 20 people including Ma Qianli,general affairs director of Nankai School, and Ma Jun, a student of Nankai School,and seized the Tianjin Federation of All walks of life and the Tianjin Student Federation.
1月29日,正在南开学校读书、时任天津学生联合会执行科长的周恩来领导天津20多所学校的1000余名学生到直隶公署门前进行大规模的请愿活动,要求驳回日本通牒;拒绝山东问题直接交涉,催办福州惨案的交涉,取消中日军事协约;恢复天津学联原状;释放被拘代表,不干涉人民集会、结社、出版自由。请愿学生随即遭到军警镇压,重伤50余人,周恩来、于方舟、张砚庄、郭隆真四名学生代表被捕,开始羁押在天津警察厅,后转移到天津地方检察厅看守所,由检察官起诉到天津地方审判厅进行“审判”。
On January 29, Zhou Enlai, who was studying in Nankai School and was the executive section chief of the Tianjin Student Federation at the time, led more than 1,000 students from more than 20 schools in Tianjin to conduct a large-scale petition in front of the Zhili Office, demanding the rejection of the Japanese notice; rejecting direct negotiations on the Shandong issue, urging negotiations on the Fuzhou tragedy, canceling the Sino-Japanese military agreement; restoring the Tianjin Student Federation to its original status; releasing detained representatives, and not interfering with the freedom of people's assembly,association, and press.The petition students were immediately suppressed by the military and police, and more than 50 people were seriously injured.Four student representatives, Zhou Enlai, Yu Fangzhou, Zhang Yanzhuang, and Guo Longzhen, were arrested and detained at the Tianjin Police Department.They were later transferred to the Tianjin Local Procuratorate Detention Center, where they were prosecuted by the prosecutor.Finally, the Tianjin Local Adjudicative Office would conduct a “trial”.
为营救被捕代表,邓颖超等人积极奔走,不仅聘请了天津律师公会会长梁锡纶、副会长兰兴周和资深律师钱俊,而且从北京请来了著名的刘崇佑律师共同代理诉讼。周恩来等革命志士在给刘崇佑的通信中写道:“崇佑先生,省署请愿一案,检厅起诉案由,系注意在强暴胁迫、不服解散,从此点上,我们愿意与先生声明者数事。”
In order to rescue the arrested representatives, Deng Yingchao and others rushed actively, not only hired Tianjin Bar Association chairman Liang Xilun,vice chairman Lan Xingzhou and senior lawyer Qian Jun, but also invited the famous lawyer Liu Chongyou from Beijing to represent the litigation.Zhou Enlai and other revolutionary veterans wrote in their correspondence to Liu Chongyou, “Mr.Chongyou,in the petition case of the Provincial Department, the prosecutors' prosecution is to pay attention to rape, coercion, disobedience, and dissolution.From this point,we are willing to discuss matters with teacher.”
1920年6月5日,周恩来在狱中编写完成了《警厅拘留记》,详细记述了从天津抵制日货,商学两届于南开操场集会,引起“魁发成勾引日人殴击学生”,演变成省公署前的流血惨剧,直到共同前往直隶省公署请愿的详细过程。当年11月交给马千里,并在其创办的《新民意报》上刊发。

1920 年7 月1 日周恩来等革命志士致刘崇佑律师的信
Letter from Zhou Enlai and other revolutionary veterans to lawyer Liu Chongyou on July 1,1920
On June 5, 1920, Zhou Enlai wrote and completed The Detention Records of the Police Hall in prison, which described in detail the boycott of Japanese goods from Tianjin.The business and school held two rallies on the Nankai playground, causing “Kui Facheng to seduce the Japanese to assault the students.”It turned into a bloodshed before the provincial government office, until the detailed process of petitioning together to the Zhili provincial government office.In November of that year, it was handed over to Ma Qianli and published in the New Public Opinion founded by him.
1920年6月26日,被捕代表接到通知,当局已经准许律师阅卷,并将于7月6日开庭。1920年6月30日,刘崇佑律师来到看守所,接见了被捕代表,并告知检察厅移文,被定罪案如下:马千里、夏琴西等十人犯妨害公安罪和私擅监禁罪,李燕豪、郭绪荣等八人犯妨害公务罪,周恩来、于方舟等四人犯骚扰罪。7月6日至8日,经地方检察厅检察官杨占鳌、徐家驹提起公诉,天津地方审判厅开庭审理,审判长俞钟,推事谢越石、丁海瀛,书记官姚赓寿。杨占鳌起立发言:“本案发生原因,系因青岛问题,外交失败,激发热诚,而有抵制日货之倡议。此为道德良心,本无违反,仅可与报纸上鼓吹演讲,以资激劝,万不可检察搜索、焚毁日货,虽系激于热诚,而实越法律范围,侵犯营业自由。故依据刑律第三百五十八条之规定,构成妨害安全。”刘崇佑律师答辩道:“查国民力争外交,是人民应有心理,应有责任,亦系民主国自卫天职。御外辱、避危险,乃人民应作之事。当局不但不加保护,反来摧残蹂躏,未免贻笑日人。”

周恩来的《警厅拘留记》
The Detention Records of the Police Hall by Zhou Enlai
On June 26, 1920, the arrested representatives were notified that the authorities had allowed the lawyers to read the files, and the court was scheduled to start on July 6.On June 30, 1920, Lawyer Liu Chongyou came to the detention center, met with the arrested representative,and informed the procuratorate to transfer the text.The convictions were as follows: Ma Qianli, Xia Qinxi and other ten persons committed crimes of obstructing public security and imprisonment without authorization, Eight people including Li Yanhao, Guo Xurong committed the crime of obstructing official duties, and four people including Zhou Enlai and Yu Fangzhou committed the crime of harassment.On July 6-8, prosecutors Yang Zhan'ao and Xu Jiaju of the Local Procuratorate filed public prosecutions, and the Tianjin Local Adjudicative Office opened a trial.The presiding judge Yu Zhong, the judges Xie Yueshi and Ding Haiying, and the clerks Yao Gengshou.Yang Zhan'ao stood up and spoke, “The reason for this case is the Qingdao issue, diplomatic failure,enthusiasm, and an initiative to address Japanese goods.This is not a violation of moral conscience.You can only promote speeches in newspapers to encourage you.Prosecutors are not allowed to search and burn Japanese goods.Although they are driven by enthusiasm, they violate the scope of the law and violate the freedom of business.Therefore, in accordance with Article 358 of the Criminal Law, it constitutes a safety hazard.” Lawyer Liu Chongyou replied, “It is not only the people's psychology and responsibility but also the bounden duty of a democratic country to strive for diplomacy.It is the people's duty to resist foreign humiliation and avoid danger.Instead of giving protection, the authorities have destroyed and ravaged them, which makes Japanese people laugh at them.”
法庭上,钱俊律师慷慨陈词地说:“国势危亡,岂忍束手待毙?国民分子,天良而发,奋力呼号,热诚所激,不应受刑。”兰兴周律师辩护称:“检察官起诉之各项,殊与事实不符,委未允当。”“马千里等有无强暴胁迫,为本案构成之要件,马千里等虽系国民大会会员,究系与各同业公会共同之核议,自决抵制日货,对于一切行为,纯出自愿,焉得有强暴胁迫?”
In the court, Lawyer Qian Jun generously stated, “The country is in danger and can't bear to die.The nationals, for the sake of nature, work hard to shout,and are motivated by enthusiasm, and should not be sentenced.” Lawyer Lan Xingzhou defended, “The prosecutor prosecuted it.All items are inconsistent with the facts, and the commission has not been approved.” “Whether Ma Qianli and others have violent coercion is an essential element of this case.Although Ma Qianli and others are members of the National Assembly, they have been jointly approved by various trade associations and self-determined to boycott Japanese goods.For all behaviors, it is purely voluntary, how can there be rape and coercion? ”


刘崇佑律师撰写的辩护书
Defense note written by lawyer Liu Chongyou
经过多名律师的不懈努力,北洋政府在判决了各代表有期徒刑两个月后,不得不释放了广大爱国人士。出狱后,各界代表继续传播马克思主义、抵制日货,而周恩来也踏上了革命家的道路。
After the unremitting efforts of many lawyers, the Beiyang Government had to release the patriots after sentenced the representatives to two months'imprisonment.After being released from prison, representatives of all walks of life continued to spread Marxism and boycott Japanese goods, and Zhou Enlai also set foot on the road of revolution.
刘崇佑(1877—1941),字厚诚,号松生,福建侯官(今闽侯县)人,清末民初立宪派活动家、著名进步律师。光绪二十年(1894)乡试中举,会试不第后赴日留学,入早稻田大学攻读法律。光绪三十四年(1908)毕业回国,次年10月,就任新成立的福建省咨议局副议长。宣统三年(1911),与林长民创办了私立福建法政学堂(今福建师范大学的前身之一)。
Liu Chongyou (1877-1941),named HouCheng, was also known as Songsheng, born in Houguan(now Minhou County), Fujian, a constitutionalist activist and a well-known progressive lawyer in the late Qing Dynasty and the early Republic of China.In 1894, he went to Japan to study in Japan after failing the examination, and went to Waseda University to study law.In 1908, he graduated and returned to China.In October of the following year, he became the deputy chairman of the newly established Fujian Provincial Advisory Bureau.In 1911, he and Lin Changmin founded the private Fujian School of Law and Politics (one of the predecessors of Fujian Normal University).

刘崇佑律师
Lawyer Liu Chongyou
1913年4月8日,中华民国第一届国会在北京召开,汤化龙当选众议院议长,刘崇佑为众议院议员。5月末,进步党成立,梁启超、汤化龙、刘崇佑为党内骨干。7月,刘崇佑参与制定了中华民国宪法(即《天坛宪法草案》)。护国运动后,原进步党人转变为研究系,受到段祺瑞的重用。不过,随着安福系的崛起,研究系走向没落。1918年9月,汤化龙被国民党人暗杀,因刘崇佑与汤化龙私交甚厚,遂对政治心灰意冷,逐渐退出政界,转而在北京丞相胡同开设事务所,专以律师为业,曾任北京《晨报》和中国银行总行的法律顾问,主张“律师应仗人间义”。
On April 8, 1913, the first Congress of the Republic of China was held in Beijing.Tang Hualong was elected Speaker of the House of Representatives and Liu Chongyou was a member of the House of Representatives.At the end of May, the Progressive Party was established, with Liang Qichao, Tang Hualong, and Liu Chongyou as the backbone of the party.In July, Liu Chongyou participated in the formulation of the Constitution of the Republic of China (the Draft Constitution of the Temple of Heaven).After the National Defence Movement, the former Progressive Party members were transformed into a research department, which was reused by Duan Qirui.However, with the rise of the Anfu department, the research department declined.In September 1918, Tang Hualong was assassinated by the Kuomintang.Because Liu Chongyou had a personal relationship with Tang Hualong, he became frustrated with politics and gradually withdrew from the political circle.Instead, he opened an office in Beijing Chengxiang Hutong and worked as a lawyer.He used to work in Beijing.The legal advisers of the Morning Post and the Bank of China's head office advocated that “lawyers should act on human justice”.
1919 年五四运动爆发后,5 至8 月间相继发生了“北京《益世报》查封案”和“北大学生案”。刘崇佑不畏强权,挺身为报馆和学生的正义之举义务辩护,加之其精于法理、技巧出色,故而在律师界声名大振。
After the May 4th Movement broke out in 1919, the “Beijing Yishi Daily seizure case” and the “Peking University student case” occurred successively from May to August.Liu Chongyou was not afraid of power, and stood up to defend the press and students' obligations of justice.In addition, he was proficient in legal principles and excellent in skills, so he became famous in the lawyers circle.
周恩来出狱后,刘崇佑与天津名士严修共同出资500元,帮助周恩来赴法国留学。此后的两年间,刘崇佑每月都会给周恩来汇去20余块银元作生活费,直至周恩来获得奖学金。1941年9月,刘崇佑在上海病逝,身处重庆的周恩来得知后,非常惋惜并赞扬地说:“刘崇佑先生是中国一位有正义感的大律师。”新中国成立初期,周恩来专门委托上海市市长陈毅关照刘崇佑的家人,并于1957年11月24日亲自看望刘崇佑的夫人,并指定专人为她解决生活困难。
After Zhou Enlai was released from prison, Liu Chongyou and Tianjin celebrity Yan Xiu jointly contributed 500 yuan to help Zhou Enlai study in France.For the next two years, Liu Chongyou would remit more than 20 silver dollars to Zhou Enlai every month for living expenses until Zhou Enlai received a scholarship.In September 1941, Liu Chongyou died of illness in Shanghai.Zhou Enlai, who was in Chongqing, regretted and said in praise, “Mr.Liu Chongyou is a barrister with a sense of justice in China.” In the early days of the founding of the People's Republic of China, Zhou Enlai commissioned Shanghai.Mayor Chen Yi took care of Liu Chongyou's family and personally visited Liu Chongyou's wife on November 24, 1957,and appointed someone to solve her difficulties in life.
钱俊,光绪七年(1881)生于浙江嘉兴桐乡,宣统三年(1911)九月毕业于北洋大学堂。民国元年,改入天津县籍,当年11月5日被司法部授予律师证书,编号84,在司法部直隶律师登录附表中排列14号。钱俊曾代理李雅泉控告英商仁记洋行票据拨款纠纷案。
Qian Jun was born in Tongxiang, Jiaxing, Zhejiang in 1881, and graduated from Beiyang University in September in 1911.In the first year of the Republic of China,he changed to Tianjin County and was awarded a lawyer certificate by the Ministry of Justice on November 5 of that year, No.84, ranked No.14 in the attached table of the Ministry of Justice Zhili Lawyer Registration.Qian Jun once represented Li Yaquan in suing Yingshang Renji Foreign Bank in the dispute over the appropriation of bills.
兰兴周,字绍文,直隶沧县(今属河北省沧州市)人,光绪三十年(1904)赴日留学。先入宏文学院,四年后进入早稻田大学政治经济科学习,宣统二年(1910)改入法政大学法律科,次年学成归国。应北洋法政专门学校之邀,任国际法、诉讼法讲习,同时兼任律师,曾接替梁锡纶担任天津律师公会会长,并于1921 年当选第三届顺直省议会议员。1924 年3 月11 日病逝。
Lan Xingzhou, named Shaowen, born in Cang County, Zhili Province(now Cang County,Hebei Province).He went to Japan to study in 1904.He first entered Hongwen College,and four years later, he entered the political and economics department of Waseda University.In 1910, he was changed to the law department of Hosei University.At the invitation of Beiyang College of Law and Politics, he served as a lecturer in international law and procedural law, and also served as a lawyer.He replaced Liang Xilun as the chairman of the Tianjin Bar Association and was elected as a member of the third Shunzhi Provincial Assembly in 1921.He died on March 11, 1924.
梁锡纶(1879—1954),字佩恩,直隶河间(今河北省河间市)人,毕业于直隶法律学堂,1912年11月16日被司法部授予律师证书,编号138,在司法部直隶律师登录附表中排列34号。梁锡纶于1913—1921年担任天津律师公会会长,并于1920年10月4日主持召开了全国律师公会联合会会员大会。1934年,梁锡纶从天津回到原籍,组织成立了河间县律师公会并担任会长。抗战期间,梁锡纶积极拥护中国共产党的抗日政策,主动为八路军组织捐钱捐物,被誉为地方开明士绅。

兰兴周律师致函天津商务总会寻求关于津埠铺房移转及租价之法律关系的解释
Lawyer Lan Xingzhou sent a letter to the Tianjin General Chamber of Commerce to seek an explanation on the legal relationship between the transfer and rental price of Tianjin shops
Liang Xilun (1879-1954), named Peien, born in Hejian, Zhili Province (now Hejian City, Hebei Province).He graduated from Zhili Law School.On November 16, 1912, he was awarded a lawyer certificate by the Ministry of Justice, No.138, the number in the attached table of the Ministry of Zhili lawyer registration was 34.Liang Xilun served as the chairman of Tianjin Bar Association from 1913 to 1921, and presided over the Member's General Assembly of the National Federation of Bar Association on October 4, 1920.In 1934, Liang Xilun returned to his place of origin from Tianjin and organized and established the Hejian County Bar Association and served as its chairman.During Anti-Japanese War, Liang Xilun actively supported the Chinese Communist Party's anti-Japanese policy, actively donating money and materials to the Eighth Route Army organization, and was hailed as a local enlightened gentry.
二、溥仪状告天津兴业银行案
2.The Case of Puyi Sued Tianjin Xingye Bank
1927 年11 月18 日,溥仪将本洋8 万元存入陈光远、阮忠极、李荣贵等13 人合办的天津兴业银行。次年1 月19 日又存入本洋1 万元,共计9 万元,均按每月八厘五毫行息,一年为期。然而到期后,溥仪没能收回本洋,而且1928 年10 月之后的利息也没能给付。后经多次催讨,毫无效果,于是溥仪将天津兴业银行及其股东李荣贵、陈光远、王廷桢、龚心湛、倪道杰、阮忠极等人告上法庭,要求偿还原告本洋9 万元及利息。
On November 18, 1927, Puyi deposited 80,000 yuan of this foreign currency into the Tianjin Xingye Bank cofounded by 13 people including Chen Guangyuan, Ruan Zhongji, and Li Ronggui.On January 19 of the following year, another 10,000 yuan was deposited for the local and foreign countries, a total of 90,000 yuan, all at a monthly interest rate of 8.5 cents for a period of one year.However, after the expiration, Puyi failed to reclaim the foreign capital, and the interest after October 1928 was not paid.After repeated urges to no avail, Puyi sued Tianjin Xingye Bank and its shareholders Li Ronggui, Chen Guangyuan, Wang Tingzhen, Gong Xinzhan, Ni Daojie, Ruan Zhongji and others to court, demanding the repayment of the plaintiff's 90,000 yuan and interest.
此后,法庭多次举行公开审理,不过始终没能达成和解。1929年10月14日,天津地方法院民一庭组织了原被告最后一次辩论。原告溥仪请来林棨、林廷琛、谢道仁三位代理律师,诸被告也延聘了天津有名的大律师,如李荣贵的代理人王明毅,陈光远的代理人李怀亮,王廷桢的代理人张恩寿,龚心湛的代理人孙观坼,倪道杰的代理人金殿选,阮忠极和谢廷绶的代理人朱鸿儒等,律师阵容十分强大。
Since then, the court has held many public hearings, but no settlement has been reached.On October 14, 1929, the First Civil Court of Tianjin District Court organized the last debate of the original defendant.Puyi, the plaintiff,invited Lin Qi, Lin Tingchen and Xie Daoren as attorneys, and the defendants also hired famous barristers in Tianjin, such as Li Ronggui's agent Wang Mingyi, Chen Guangyuan's agent Li Huailiang, Wang Tingzhen's agent Zhang Enshou, Gong Xinzhan's agent Sun Guanche, Ni Daojie's agent Jin Dianxuan, Ruan Zhongji and Xie Tingyi's agent Zhu Hongru.
1929年10月19日,天津地方法院作出判决,被告天津兴业银行应偿还原告溥仪银洋9万元,其中8万元应自1928年10月18日起,1万元应自同月19日起,均至执行终日止,按月息八厘五毫给付利息。
On October 19, 1929, the Tianjin District Court made a judgment that the defendant Tianjin Xingye Bank should repay the plaintiff Puyi 90,000 yuan, of which 80,000 yuan should be from October 18, 1928, and 10,000 yuan should be from the 19th of the same month.Until the end of execution, interest will be paid at a monthly interest rate of 8.5 cents.
林棨,字肖旭,一字少旭,光绪七年(1881)生,福建侯官(今闽侯县)人。初就读于福州东文学堂,光绪二十五年(1899)冬由该学堂出资赴日留学,先后就读于东京同文书院、早稻田大学邦语政治科,光绪三十年(1904)夏获优等文凭。同年冬回国,在京师大学堂进士馆教授国际法。宣统元年(1909),任京师大学堂法政科监督,是北京大学法学教育的缔造者之一。民国成立后,林棨先后任教育部专门教育司司长,大理院推事,北京、江苏及湖北等地高等审判厅厅长等职。伪满洲国成立后,林棨充任伪执政府秘书处秘书官、伪最高法院院长,直至1939年12月。
Lin Qi, named Xiaoxu, was also known as Shaoxu, was born in 1881, and was born in Houguan(now Minhou County), Fujian.He first studied at Fuzhou Dongwentang.In the winter of 1899, he was funded by the school to study in Japan.he studied at the Tokyo Tongshuyuan and Waseda University's Politics Department.In 1904,he received a diploma in summer.In the winter of the same year, he returned to China and taught international law at the Jinshi Hall of Jingshi University.In 1909, he served as the supervisor of the Department of Law and Politics of Jingshi University.He was one of the founders of Peking University's legal education.After the founding of the Republic of China, Lin Qi successively served as the Director of the Special Education Department of the Ministry of Education, the Judge of the Daliyuan, and the director of the High Adjudicative Office in Beijing, Jiangsu and Hubei.After the establishment of the puppet Manchukuo, Lin Qi served as secretary of the secretariat of the ruling government and president of the supreme court until December 1939.
林棨、林廷琛、谢道仁同为福建人,曾长期为溥仪及小德张提供法律服务,素有“宫廷律师”之称。林棨、林廷琛还因代理文绣、溥仪离婚案及章遏云、倪道杰离婚案而名噪一时。溥仪赴东北后,谢道仁仍在天津执业律师,20世纪30年代曾作为原江西督军陈光远的辩护律师代理其家产争执案,颇负盛名。
Lin Qi, Lin Tingchen, and Xie Daoren are all Fujianese.They have provided legal services for Puyi and Xiao Dezhang for a long time, and were known as “court lawyers”.Lin Qi and Lin Tingchen also became famous for representing Wenxiu and Puyi in divorce case and Zhang Eyun and Ni Daojie's divorce case.After Puyi went to the Northeast, Xie Daoren was still practicing as a lawyer in Tianjin.In the 1930s, he served as the defense lawyer of the former Jiangxi Governor Chen Guangyuan to represent his family property disputes, and quite famous.

林棨、林廷琛、谢道仁律师团启事
Notice from the lawyers group of Lin Qi, Lin Tingchen and Xie Daoren
金殿选,满族,曾任合肥审判厅厅长、北京地方审判厅厅长等职。执业律师,除溥仪状告兴业银行案,还参与过著名的章遏云、倪道杰离婚案及张怀卿、张景韩离婚案。
Jin Dianxuan, the Manchus, once served as Director of Hefei Adjudicative Office,Director of Beijing Local Adjudicative Office.Practicing lawyers, in addition to Puyi's case against Xingye Bank, also participated in the famous divorce case of Zhang Eyun and Ni Daojie, and the divorce case of Zhang Huaiqing and Zhang Jinghan.
京剧名家章遏云,20世纪30年代与胡碧兰、孟丽君、雪艳琴并称为戏剧界四大坤旦、“女伶四大皇后”。1930年五六月间章遏云在大连、沈阳演出时,与原安徽督军倪嗣冲之子倪道杰相识,后经孙传芳、潘复介绍,两人在大连结婚。婚后,两人因琐事争吵不断,章遏云遂于1931年8月初在天津聘请律师李景光、林棨、林廷琛代理离婚诉讼,倪道杰则由金殿选代理。在金殿选的奔走、调解下,章倪双方最终确认因感情破裂、覆水难收而脱离关系,并表示愿以坦诚的态度私下了结脱离后的赡养费等相关事宜。重获自由的章遏云于1932年3月31日正式复出,直到20世纪80年代才告别舞台。
The famous Peking opera master Zhang Eyun, together with Hu Bilan, Meng Lijun,and Xue Yanqin, was called the “Four Queens” and “Four Queens of Actresses” in the theater industry in the 1930s.In May and June of 1930, Zhang Eyun met Ni Daojie,the son of the former Anhui Supervisor Ni Sichong, when performing in Dalian and Shenyang.After introduction by Sun Chuanfang and Pan Fu, the two married in Dalian.After their marriage, the two quarreled constantly over trivial matters.Zhang Eyun hired lawyers Li Jingguang, Lin Qi, and Lin Tingchen in Tianjin in early August 1931 to represent the divorce proceedings, while Ni Daojie was represented by Jin Dianxuan.Under the running and mediation of Jindianxuan, both Zhang and Ni finally confirmed that they had separated from the relationship due to the breakdown of their relationship and the overwhelming difficulties, and expressed their willingness to settle the alimony and other related matters after separation in a frank manner.Zhang Eyun, who had regained her freedom, officially returned on March 31, 1932, and did not bid farewell to the stage until the 1980s.
1932年9月,张作霖的四女儿张怀卿以夫妻感情不和为由,向河北天津地方法院提起诉讼,请求与张勋之子张景韩解除婚姻关系。12月6日,天津地方法院作出判决,准予两人解除婚约,并要求被告给付原告赡养费10万元。金殿选、张务滋、李怀亮为张景韩的代理律师,他们对解除婚约并无异议,但对赡养费的数额表示不服,由此上诉到河北高等法院天津分院。被上诉人张怀卿则聘请赵泉、陈璜为代理律师,双方你来我往,各执一词,缠讼多日,直到1933年3月。此案除张怀卿确已离婚外,并无最终判决。1992年,张怀卿在天津去世,享年81岁。
In September 1932, Zhang Zuolin's fourth daughter, Zhang Huaiqing, filed a lawsuit with the Hebei Tianjin District Court on the grounds that the husband and wife were not in harmony, requesting the termination of the marriage relationship with Zhang Xun's son Zhang Jinghan.On December 6, the Tianjin District Court issued a ruling, allowing the two to dissolve their marriage contract and demanding the defendant to pay the plaintiff's alimony of 100,000 yuan.Jin Dianxuan, Zhang Wuzi, and Li Huailiang were Zhang Jinghan's attorneys.They had no objection to the dissolution of the marriage contract, but expressed dissatisfaction with the amount of alimony, and therefore appealed to the Tianjin Branch of the Hebei High Court.The appellee Zhang Huaiqing hired Zhao Quan and Chen Huang as her attorneys.Both side entangled in litigation for many days until March 1933.There was no final judgment in this case, except that Zhang Huaiqing was indeed divorced.Zhang Huaiqing died in Tianjin in 1992 at the age of 81.
参与兴业银行案的孙观坼律师,字挹英,生于光绪元年(1875),江苏无锡人,清末曾获候补县知事资格。1913年出任江苏高等审判厅推事,1917年升任大理院推事,1921年8月出任天津地方审判厅厅长,一年后再次调任大理院推事。南京国民政府成立后,孙观坼曾短暂出任北平地方法院院长,随即在天津执业律师并长期担任开滦煤矿法律顾问。抗战胜利后,孙观坼出任天津地方法院院长。新中国成立以后,被天津市政协聘为特约委员。
Lawyer Sun Guanche, who participated in the Xingye Bank case,named Yiying, was born in 1875 in Wuxi, Jiangsu.He was qualified as an alternate county governor in the late Qing Dynasty.In 1913, he became a judge of the Jiangsu High Adjudicative Office.In 1917, he was promoted to the Judge of the Daliyuan.In August 1921, he became the director of the Tianjin Local Adjudicative Office.He was transferred to the Judge of the Daliyuan again a year later.After the establishment of Nanjing National Government, Sun Guanche briefly served as the president of the Beiping District Court, then practised as a lawyer in Tianjin and served as the legal counsel of the Kailuan Coal Mine for a long time.After the victory of Anti-Japanese War, Sun Guanche became the president of the Tianjin District Court.After the founding of the People's Republic of China, he was hired as a special committee member by the Tianjin CPPCC.
孙观坼执业天津期间,因对法律研究精深而颇有名气。鲜牡丹脱离领家案和曹书诚案是孙观坼执业初期承办的两起较为有名的案件。
During his practice in Tianjin, Sun Guanche was well-known for his in-depth legal research.The case of Xian Mudan leaving the leader and the case of Cao Shucheng were two of the more famous cases undertaken by Sun Guanche in his early practice.
鲜牡丹是20世纪20年代末天津有名的坤伶,深受观众青睐,然而大红大紫的背后是其领家李三姑(本名李鸿龄)及其姘夫刘凤桥对鲜牡丹的欺侮和压榨。于是从小被迫租给李三姑学戏的鲜牡丹伺机逃到了天津妇女协会,要求脱离领家,以重获人身自由。李三姑闻讯后,遂向河北地方法院提起诉讼,坚称鲜牡丹为其亲生,并派使女吴李氏代理出庭。1929年8月,法院开庭审理此案,双方律师展开了激烈的辩论。孙观坼律师不仅否定了吴李氏的证人资格,而且通过计算年龄戳穿了李三姑是鲜牡丹生母的谎言。法院最终宣判,驳回原告李三姑的请求,并判决她返还鲜牡丹翠圈一个、宝石戒指一个以及生活费银币1600元。
Xian Mudan was a famous actress in Tianjin in the late 1920s and was very popular with audiences.However, behind the popularity is the leader Li Sangu(real name Li Hongling) and her concubine Liu Fengqiao's bullying and squeeze of Xian Mudan.So Xian Mudan, who was forced to rent to Li Sangu to learn opera since childhood, fled to Tianjin Women's Association and asked to leave the leader in order to regain her personal freedom.After hearing the news, Li Sangu filed a lawsuit in the Hebei District Court, insisting that Xian Mudan is her own person,and sent the maid, Wu Lishi, to attend as an agent.In August 1929, the court opened a trial to hear the case, and the lawyers of the two sides had a heated debate.Lawyer Sun Guanche not only denied Wu Lishi's qualifications as a witness, but also debunked the lie that Li Sangu was Xian Mudan's biological mother by calculating her age.The court finally pronounced that the plaintiff Li Sangu's request was rejected, and she was ordered to return a fresh peony green ring, a gem ring, and 1,600 yuan for living expenses.
1928年7月,北洋大学采冶科四年级学生曹书诚在校被捕,次年11月由河北高等法院进行审判,这便是轰动一时的曹书诚案,而曹书诚的辩护律师就是孙观坼和张务滋。
In July 1928, Cao Shucheng, a fourth-year student of the Department of Mining and Metallurgy of Beiyang University, was arrested at the school.He was tried by the Hebei High Court in November the following year.This was the sensational case of Cao Shucheng.Cao Shucheng's defense lawyers were Sun Guanche and Zhang Wuzi.
曹书诚时为中国共产党在北洋大学内的秘密联络员,经常组织开会、传递情报。然而在1928年被校内国民党发觉,从河北省完县(今顺平县)、蠡县和龙华店寄来的三封密函也被截获了。经过药水检查,国民党确认曹书诚为“反革命”团体的省委发信人,并且将“图谋不轨”。比如蠡县来信中说:“实行铁的纪律,以便将吾党的基础确确实实地建筑在工农群众中,成为真正清一色的共产阶级政党。”“最近会议议决一个重要议案,即实际上积极预备武装,制买枪械,搜寻附近奉军逃兵的枪子炮弹,准备最近将来的武装暴动。”曹书诚随即被天津警备司令部逮捕,同时被指控意图倾覆中国国民党、预备暴动,且认定曹书诚为主要负责人,执行重要任务。
Cao Shucheng was the secret liaison of the Communist Party of China in Beiyang University, often organizing meetings and disseminating information.However, in 1928, he was discovered by the school's Kuomintang that three confidential letters sent from Wan County(now Shunpin County), Li County and Longhuadian in Hebei Province were also intercepted.After a potion inspection, the Kuomintang confirmed that Cao Shucheng was the sender of the provincial party committee of the “counterrevolutionary” group and that he would “conspiracy unruly”.For example, Lixian's letter said, “Implement iron discipline, so that the foundation of our party can be truly built among the workers and peasants, and become a truly all-communist party.” “Recently, an important resolution was decided at the meeting, it is actually actively preparing for arm, purchased firearms, searched for the guns and shells of deserters from the nearby army, and prepared for the armed riots in the near future.” Cao Shucheng was arrested by the Tianjin Garrison Command and accused of intending to overthrow the Chinese Kuomintang and preparing for a riot, and Cao Shucheng was identified as the main person in charge to perform important tasks.
在孙观坼和张务滋律师的努力下,曹书诚最终仅以加入“反革命”团体、执行重要事务罪被判处两年有期徒刑,裁判确定前羁押日数以一日抵有期徒刑一日。
With the efforts of Sun Guanche and Zhang Wuzi, Cao Shucheng was finally sentenced to two years in prison only for joining a “counter-revolutionary” group and performing important affairs.The judge determined that the number of days in custody before was equal to one day in prison.(https://www.daowen.com)
张务滋(1890—1965),字洽升,上海人。宣统三年(1911),北洋大学堂法科法律学门甲班毕业,进士出身,授翰林院庶吉士。民国元年6月开始在天津私立直隶法政学校任教。同年11月5日,与钱俊同一天被司法部授予律师证书,编号85。1915年6月离开直隶法政学校。1921年3月开始在北洋大学任教,直到七七事变爆发前夕。其间,张务滋还在今昆明路创办了一座私立燕达学校,也就是今天昆明路小学的前身。抗战胜利后,张务滋重返北洋大学,曾任副训导长一职。

张务滋律师
Lawyer Zhang Wuzi

张务滋律师的名片
Business card of lawyer Zhang Wuzi
Zhang Wuzi (1890-1965), named Qiasheng, was from Shanghai.In 1911, he graduated from the class A of the law department of Beiyang University.In June of the first year of the Republic of China, he began to teach in Tianjin Private Zhili School of Law and Politics.On November 5 of the same year, on the same day as Qian Jun,he was awarded a lawyer certificate by the Ministry of Justice, number 85.He left Zhili Law School in June 1915.He started teaching at Beiyang University in March 1921 until the July 7 Incident of 1937.In the meantime, Zhang Wuzi also founded a private Yanda School on Kunming Road, which is the predecessor of today's Kunming Road Primary School.After the victory of Anti-Japanese War, Zhang Wuzi returned to Beiyang University and served as the deputy dean.
除从事教育外,张务滋执业律师更是颇负盛名。他是著名的华洋商务律师,曾代理高介臣控诉美商兴泰洋行买卖合同欠款案,也曾担任袁世凯家族的法律顾问。张务滋“历办重案,拥有厚资”且“极富道德心,素日义侠性成,乐善不倦”,一年内办理各类义务案件不下一百种,为世人所称道。
In addition to his education, lawyer Zhang Wuzi is quite famous.He was a wellknown Huayang business lawyer.He once represented Gao Jiechen in suing the American company Xingtai Foreign Company for arrears in the sale and purchase contract.He also served as the legal counsel of Yuan Shikai's family.Zhang Wuzi “has a history of dealing with serious cases and possesses a lot of money” and was “very ethical,chivalrous, tireless”.He handled more than one hundred kinds of voluntary cases in one year, which was praised by the world.

1931 年9 月9 日张务滋律师受任法律顾问启事
Notice of lawyer Zhang Wuzi's appointment as legal counsel on September 9, 1931

张务滋、江庸、周衡律师受托启事
Notice of entrustment of lawyers Zhang Wuzi,Jiang Yong and Zhou Heng
三、文绣、溥仪离婚案
3.Divorce Case of Wenxiu and Puyi
1931年秋,天津发生了中国历史上唯一一起皇妃起诉皇帝的离婚案,这便是轰动海内的文绣、溥仪离婚案。因文绣出宫时随身带了一把剪刀,故此事件又被称为“刀妃革命”。
In the autumn of 1931, Tianjin was the only divorce case in Chinese history where an imperial concubine sued the emperor.This was the Wenxiu and Puyi divorce case that caused a sensation in China.Because Wenxiu brought a pair of scissors when she left the palace, this incident was also known as the “sword concubine revolution”.
文绣于宣统元年(1909)年末出生在北京方家胡同锡珍府邸。1922年11月,逊帝溥仪按照清室惯例,在不违反中华民国临时政府与清廷约定的情况下,娶婉容为后,纳文绣为妃。当时文绣早婉容一日进宫,以便在“皇帝”大婚时跪迎“皇后”。
Wenxiu was born at the Xizhen Mansion in Fangjia Hutong, Beijing at the end of 1909.In November 1922, Emperor Puyi, in accordance with the customs of the Qing Dynasty, did not violate the agreement between the Provisional Government of the Republic of China and the Qing court, after marrying Wanrong as his the Queen,Wenxiu became his concubine.At that time Wenxiu entered the palace as early as one day, so as to kneel and welcome the “Queen” when the “Emperor” got married.
进宫之初,因淑妃文绣忠厚善良、性格开朗且擅长诗文,所以溥仪对其十分宠爱,不仅经常与之谈话,还聘请专职的英语、汉语教师帮助她学习。不过,文绣的得宠,引起了婉容的忌妒。婉容是一个掩袖工谗、性情泼辣的女人,她与文绣常因生活琐事而争吵,并且总是霸道的婉容占上风,而溥仪也总是一边倒地偏袒婉容而指责文绣,甚至不允许文绣在公开场合露面。
At the beginning of entering the palace, because Wenxiu was loyal and kind,cheerful and good at poetry, Puyi loved her very much.Not only did she often talk with her, she also hired full-time English and Chinese teachers to help her learn.However, Wenxiu's favor, aroused Wanrong's jealousy.Wanrong was slanderous and aggressive woman.She and Wenxiu often quarrel over trivial matters in life, and Wanrong always prevailed.Puyi always favors Wanrong and accuses Wenxiu, even not allowing Wenxiu appeared in public.

张务滋律师参与签订的北洋商业第一纺织股份有限公司与北洋纱厂新记合同
The new contract between Beiyang Commercial No.1 Textile Co.,Ltd.and Beiyang Yarn Mill signed by lawyer Zhang Wuzi
1924年10月,冯玉祥发动北京政变,将溥仪赶出了紫禁城。次年2月,几经波折的溥仪住进了位于天津日租界的张园,同年3月5日,婉容、文绣也抵达了天津。或许当时没有人会想到,正是北京政变的发生,才使得溥仪从逊帝变成了中华民国的普通公民,也就为文绣提出离婚奠定了法律基础。
In October 1924, Feng Yuxiang launched a coup in Beijing and drove Puyi out of the Forbidden City.In February of the following year, Puyi, who had gone through many twists and turns, moved into Zhangyuan in the Japanese Concession of Tianjin.On March 5 of the same year, Wanrong and Wenxiu also arrived in Tianjin.Perhaps no one would have thought that it was the Beijing coup that made Puyi from Emperor to an ordinary citizen of the Republic of China, which laid the legal foundation for Wenxiu to file for divorce.

1929年7月,溥仪与婉容、文绣又迁到了静园居住,而他对文绣的精神虐待和摧残依然没有减弱,从而使文绣多次自杀未遂。溥仪发觉后,除责令太监严密监视外,还准许文绣的胞妹、老庆王的孙媳妇文珊进宫劝导。文珊的不断来访,给文绣带来了生机,一则不再自寻烦恼,二则找到了逃脱的机会。
In July 1929, Puyi, Wanrong, and Wenxiu moved to Jingyuan, and his mental abuse and devastation to Wenxiu remained undiminished.As a result, Wenxiu attempted suicide many times.After Puyi found out, in addition to ordering the eunuch to monitor closely, he also allowed Wenxiu's sister and Lao Qingwang's granddaughter Wenshan to enter the palace to persuade her.Wenshan's constant visits brought hope to Wenxiu.One did not worry about herself, and the other found a chance to escape.

1926 年溥仪、婉容与威林顿夫妇、庄士敦在张园
In 1926, Puyi, Empress Wanrong, and Willinton,Reginald Johnston in Zhangyuan
1931年8月25日中午,文绣再次自杀未遂,溥仪便令太监找文珊前来劝解。当日下午3时,文珊向溥仪、婉容说,文绣哭泣不止,劝说无效,望允许她陪其外出散心,溥仪当即同意。文绣、文珊只带了太监赵长庆,乘溥仪的专车由日租界协昌里静园驶出,直奔国民饭店。文绣、文珊等人下车后,走进37号房间,刚刚落座,文珊便对赵长庆说:“你先回去吧!淑妃留在这儿了,她还要控告皇上哪!”文绣从袖中取出三函,扔给跪在地上的赵长庆,说:“今儿之事与你无关,你可拿着这几封信回去转告皇上!”
At noon on August 25, 1931, Wenxiu failed in suicide again, and Puyi ordered the eunuch to find Wenshan to come to persuade her.At 3 o'clock that day,Wenshan said to Puyi and Wanrong that Wenxiu was crying and the persuasion was invalid.She hoped to allow her to accompany Wenxiu out to relax, and Puyi immediately agreed.Wenxiu and Wenshan only took Zhao Changqing, the eunuch, and took Puyi's special car from Xiechang Lane Jingyuan in the Japanese Concession to the National Hotel.After Wenxiu, Wenshan and others got out of the car, they walked into room 37.Just after sitting down, Wenshan said to Zhao Changqing, “You go back first! Shufei stayed here, and she will sue the emperor!” Wenxiu took out three letters from her sleeves and threw them to Zhao Changqing, who was kneeling on the ground, and said, “The matter today has nothing to do with you.You can take these letters back and tell the emperor!”
赵长庆赶回静园后,将三封信交给溥仪,一封为文珊函,一封为律师张士骏、张绍曾函,一封为律师李洪岳函,均称“事帝九年,未蒙一幸,孤衾独抱,悉泪暗流,备受虐待,不堪忍受。今兹要求别居,溥仪于每月定若干日前往一次,实行同居,否则唯有相见于法庭”,文绣提出了准备离婚的要求。
After Zhao Changqing hurried back to Jingyuan, he handed three letters to Puyi,one wrote by Wenshan, one wrote by lawyers Zhang Shijun and Zhang Shaozeng, and one wrote by lawyer Li Hongyue.They all stated that “the emperor didn't care for me for nine year,it is abused and unbearable.I now request to live apart.Puyi will go there once a month and live together, otherwise he will only meet in court.”Wenxiu asked for a divorce.
溥仪阅后大怒,立即命令将文绣抓回来。众仆人、太监闻讯后乘车直奔国民饭店,又到老庆王府邸搜查文珊的居室,均无所获。而文绣与文珊早有戒备,已从国民饭店后门离开,躲入一法国律师家中。
Puyi was furious after reading it, and immediately ordered to brought Wenxiu back.After hearing the news, the servants and eunuchs drove straight to the National Hotel and went to the Laoqingwang residence to search Wenshan's room, but found nothing.Wenxiu and Wenshan had been on guard for a long time, and they had walked out of the back door of the National Hotel and hid in the home of a French lawyer.
文绣的行动使溥仪大惊失色。当晚,溥仪召开“御前会议”,以求善策。与会遗老们认为,这是“圣朝”不能容忍的,但也无可奈何。最后决定委派林棨、林廷琛两位律师出面,与文绣的律师李洪岳、张士骏和张绍曾对话,以求和解。翌日,报载:“皇妃不堪帝后的虐待、太监的威逼,自杀未遂,设计逃出,聘请律师离婚,这是数千年来皇帝老爷宫中破天荒的一次妃子革命。”
Wenxiu's actions made Puyi pale in shock.That night, Puyi held a “Prince Meeting” in order to seek good strategies.The elders attending the meeting believed that this was intolerable by the “holy dynasty”, but they were helpless.Finally,it was decided to appoint two lawyers, Lin Qi and Lin Tingchen, to talk to Wenxiu's lawyers Li Hongyue, Zhang Shijun, and Zhang Shaozeng to seek reconciliation.The next day, the newspaper reported, “The imperial concubine could not bear the abuse of the emperor, the threat of the eunuch, attempted suicide, make a plan to escape,and hire a lawyer for divorce.This is an unprecedented revolution in the palace of the emperor for thousands of years.”
在这期间,双方律师一直处于紧张调解的过程中。最初几轮谈判,文绣占主动,溥仪不断让步,由不准分居到同意择地别居。唯文绣提出索要50万元生活费的问题,溥仪只同意按需支付,始终未能达成协议。为了给溥仪施加压力,律师为文绣代写了诉状,起诉到河北天津地方法院,要求裁决。溥仪担心到民国法院应诉有失皇家体统,因此只得让律师调解解决。双方律师经过反复磋商,终于在1931年9月13日达成离婚协议。协议书的主要内容是:一、自立约之日起,双方完全脱离婚姻关系;二、溥仪给文绣生活费5.5万元;三、允许文绣带走常用衣物和用品;四、文绣返回母家生活,永远不能再结婚;五、双方互不损害名誉;六、文绣撤回诉状,并保证今后不再起诉。
During this period, the lawyers of both parties have been in an intense mediation process.In the first few rounds of negotiations, Wenxiu accounted for the initiative, and Puyi continued to make concessions, from not allowing separation to agreeing to choose a place to live.Wenxiu raised the issue of asking for 500,000 yuan for living expenses.Puyi only agreed to pay as needed, but never reached an agreement.In order to put pressure on Puyi, the lawyer wrote a complaint for Wenxiu, and sued the Hebei Tianjin District Court for a ruling.Puyi was worried that the court of the Republic of China would lose the imperial decency, so he had to let a lawyer mediate.After repeated negotiations, the lawyers of the two parties finally reached a divorce agreement on September 13, 1931.The main contents of the agreement are: 1.Since the date of signing the contract, both parties will be completely separated from the marriage; 2.Puyi will provide Wenxiu with a living allowance of 55,000 yuan; 3.Wenxiu will be allowed to take away common clothing and supplies; 4.Wenxiu will return to live with her mother, can never get married again; 5.The two parties do not harm each other's reputation; 6.Wenxiu withdraws the complaint and promises not to prosecute in the future.
文绣和溥仪离婚后,手中约有5.5万元生活赡养费,分给玉芬、文珊、张家(袁世凯姨太太家,离婚期间文绣一直住在此处)各5000元;三位律师每人2000元;中间人齐子度、赵香玉、李寿如各1000元;外加租用国民饭店及赏给底下人的钱,计3000余元;最终文绣手中只剩下2.6万元左右。离婚后,文绣即迁入北京辛奇胡同,初为小学教师,一年后辞职,后迁居刘海胡同。
After divorced, Wenxiu had about 55,000 yuan in support for living expenses,which were distributed to Yufen, Wenshan, and Zhang's family (the home of Yuan Shikai's wife, Wenxiu stayed here during the divorce), each of 5,000 yuan; each of the three lawyers each were 2,000 yuan; the intermediaries Qi Zidu, Zhao Xiangyu,and Li Shouru each were 1,000 yuan; plus the money for renting the National Hotel and rewarding the people below, it was more than 3,000 yuan; in the end, Wenxiu left only about 26,000 yuan.After the divorce, Wenxiu immediately moved to Beijing Xinqi Hutong.She started as a primary school teacher, resigned a year later and later moved to Liuhai Hutong.
抗战胜利后,文绣与一名叫刘振东的少校军官结婚,并迁居西城白来斜街。1953年9月17日,文绣因心肌梗塞于晚10时去世,终年44岁,埋葬在北京安定门外土城的义地。
After the victory of Anti-Japanese War, Wenxiu married a major officer named Liu Zhendong and moved to Bailai Xiejie in Xicheng.On September 17, 1953, Wenxiu died of myocardial infarction at 10 o'clock in the evening.She was 44 years old at and was buried in the righteous land of Tucheng outside Andingmen, Beijing.
双方都聘请天津律师代理的这起“皇妃”与“皇帝”的离婚案件成了重要新闻。此案一方面体现了妇女运用法律武器保护自身权益的进步意识,另一方面也体现了律师所能发挥的重要作用。

文绣、溥仪离婚调解通知书
Mediation notice of divorce of Wenxiu and Puyi

文绣离婚申请调解副状
Subsidiary of Wenxiu's divorce application mediation
The divorce case between the “imperial concubine” and the “emperor”, which both sides hired lawyers from Tianjin, became important news.On the one hand, this case reflects women's progressive consciousness of using legal weapons to protect their rights and interests, on the other hand, it also reflects the important role that lawyers can play.
张绍曾(1890—1981),名省三,以字行,直隶蠡县(今河北省蠡县)人,保定优级师范毕业,在校时曾参加孙中山领导的同盟会,并亲眼见过孙中山先生。后考入天津直隶法政专门学校,五四运动时任天津学联评议部部长,作为各界联合会青年代表赴北京请愿,并赴上海参加全国学联活动。1920年毕业后,张绍曾留校任直隶法政专门学校附属初级中学教员,后在天津公立甲种商业学校担任党义和修身课教员,同时兼职做律师。
Zhang Shaozeng (1890-1981), named Xingsan tooking place of his name, born in Li County, Zhili(now Hebei Province).He graduated from Baoding Excellent Normal University.He participated in the Union League led by Sun Yat-sen and met Mr.Sun Yat-sen with his own eyes.Later, he was admitted to Tianjin Zhili School of Law and Politics.At the time of the May Fourth Movement, he served as the head of the evaluation department of the Tianjin Federation of Students.He went to Beijing to petition as the youth representative of various federations and went to Shanghai to participate in the activities of the National Federation of Students.After graduated in 1920, Zhang Shaozeng worked as a teacher in the junior high school affiliated to Zhili Law and Politics Special School.Later, he worked as a teacher of Party ethics and self-cultivation courses in Tianjin Public Class A Commercial School, as well as a part-time lawyer.
张绍曾与许多退隐天津的寓公有很深的交情,常年作他们的法律顾问;同时,张绍曾还有很多金融界、工商界的朋友,他们有法律方面的事,自然找张绍曾来处理。张绍曾还主张律师要遵循“三不”原则,即不先拿钱;不乘人之危,敲诈勒索;尽量作调解,争取不起诉。
Zhang Shaozeng had a deep friendship with many retired apartments in Tianjin and served as their legal counsel all the year round.At the same time, Zhang Shaozeng also had many friends in the financial and industrial and commercial circles.They had legal matters, so naturally they asked Zhang Shaozeng to handle them.Zhang Shaozeng also advocated a lawyer.It is necessary to follow the “three nos”principle, that is, do not take money firstly; do not take advantage of people's dangers, extortion and blackmail; try to mediate, and strive not to prosecute.
抗战胜利后,张绍曾当选天津律师公会会长。由于天津市市长张廷谔是他的盟兄弟,因此张绍曾又被委任为天津市政府观察处副处长。任职期间,他曾掩护过中共地下党员郭春源、张子光同志的工作。抗美援朝时期,张绍曾曾积极募捐救灾,并热心参加市政协组织的各项活动,曾任天津市第六届政协委员、民革中央委员、民革天津市第四届常委等职。
After the victory of Anti-Japanese War, Zhang Shaozeng was elected president of the Tianjin Bar Association.Since Tianjin Mayor Zhang Ting'e was his brother,Zhang Shaozeng was appointed as the Deputy Director of the Observation Department of Tianjin Municipal Government.During his tenure, he had covered the work of Guo Chunyuan and Zhang Ziguang who were underground members of the Communist Party of C.During Anti-Japanese War against the US and Aid Korea, Zhang Shaozeng had actively raised funds for disaster relief, and enthusiastically participated in various activities organized by the CPPCC.He used to be a member of the Sixth CPPCC in Tianjin, a member of the Central Committee of the Chinese Revolutionary Committee,and the Fourth Standing Committee of the Chinese Revolutionary Committee in Tianjin.

李洪岳1928 年律师证书
Lawyer certificate of Li Hongyue in 1928
四、施剑翘案
4.The Case of Shi Jianqiao
1935年11月13日下午,前直系军阀孙传芳在天津居士林突然被刺客枪杀,顿时震惊了全国。
On the afternoon of November 13, 1935, Sun Chuanfang, a former direct warlord,was suddenly shot and killed by an assassin in Jushilin, Tianjin, which shocked the whole country.
刺杀成功后,刺客随即向警察局自首,自称施剑翘,乃前直鲁军混成旅旅长施从滨的长女。因施从滨于1925年在蚌埠被孙传芳斩首,因此施剑翘伺机为父报仇。案发后,社会舆论对施剑翘多有同情,全国各地的声援电报不计其数,报纸、杂志争相报道,称赞她为“女中豪杰”“巾帼英雄”,并纷纷呼吁特赦施剑翘。与此同时,孙传芳的部下、原浙江督军卢香亭紧急召开记者会,要求严惩凶手,并停尸义园,由孙传芳的长子孙家振提起诉讼,孙观坼代理律师。施剑翘一方则由余棨昌和胡学骞担任辩护律师。1935年11月17日,天津地方法院开庭审理此案。
After the assassination was successful, the assassin immediately surrendered to the police station, claiming to be Shi Jianqiao, the eldest daughter of Shi Congbin, commander of the former Zhilu Army mixed brigade.Because Shi Congbin was beheaded by Sun Chuanfang in Bengbu in 1925, Shi Jianqiao waited for the opportunity to avenge her father.After the incident, public opinion sympathized with Shi Jianqiao.There were countless telegrams of support across the country.Newspapers and magazines rushed to report, praising her as a “female hero” and “heroine”, and they called for an amnesty for Shi Jianqiao.At the same time, Lu Xiangting, Sun Chuanfang's subordinate and former Zhejiang Superintendent, urgently held a press conference to demand severe punishment of the murderer and placed the corpse in Yiyuan.Sun Chuanfang's eldest son, Sun Jiazhen, filed a lawsuit, and Sun Guanche represented the lawyer.On Shi Jianqiao's side, Yu Qichang and Hu Xueqian served as defense lawyers.On November 17, 1935, Tianjin District Court opened a court session to hear the case.

施剑翘女士
Ms.Shi Jianqiao
根据当时的法律,杀人犯因案情有别可判十年以上有期徒刑及至死刑;若凶犯自首成立,可将刑期减为五年;若“情可悯恕”,则可减刑为两年半。由此,余棨昌、胡学骞两位律师为施剑翘据理力争,不过孙观坼律师也严正指出“情感不能置法律于不顾”,双方遂争执不下。1935年12月16日,天津地方法院作出一审裁决,施剑翘为报父仇,杀死孙传芳,理由成立,杀人后自首成立,但情不可悯,故判处有期徒刑十年。宣判后,孙家振与施剑翘同时提出上诉。
According to the law at the time, the murderer could be sentenced to more than ten years imprisonment and to death depending on the circumstances of the case; if the perpetrator voluntarily surrenders, the sentence can be reduced to five years;if the “feeling is merciful”, the sentence can be reduced to two and a half years.As a result, lawyers Yu Qichang and Hu Xueqian fought hard for Shi Jianqiao, but attorney Sun Guanche also sternly pointed out that “emotions cannot be ignored by the law.” The two sides couldn't help but argue.On December 16, 1935, the Tianjin District Court made a first-instance ruling.Shi Jianqiao killed Sun Chuanfang in revenge for her father.The reason was established.After the murder, she surrendered, but she was unforgivable, so she was sentenced to ten years in prison.After the sentence was pronounced, Sun Jiazhen and Shi Jianqiao lodged an appeal at the same time.

天津居士林旧貌
Old view of Tianjin Jushilin
1936年1月28日,河北高等法院开庭复审。2月11日,迫于舆论压力,法官将刑期改为七年,不过施剑翘仍不服判决,向南京最高法院提出了上诉。经过数月的调查审核,最高法院终于在1936年8月25日作出终审判决,上诉驳回,维持河北高等法院之宣判。不过很快,南京国民政府主席林森签发的国府公告便送达了天津,文中称:“据司法院呈称,施剑翘因其父施从滨曩年为孙传芳残害,痛切父仇,乘机行刺,并即时坦然自首,听候惩处。论其杀人行为,固属触犯刑法,而以一女子发于孝思,奋力不顾,其志可哀,其情尤可原。现据各学校各民众团体纷请特赦,所有该施剑翘原判徒刑,拟请依法免其执行等语,兹依《中华民国训政时期约法》第六十八条之规定,宣告将原判处有期徒刑七年之施剑翘特予赦免,以示矜恤。”

余棨昌1929 年律师证书
Lawyer certificate of Yu Qichang in 1929

余棨昌1933 年律师公会会员证书
Tianjin Bar Association membership certificate of Yu Qichang in 1933
On January 28, 1936, the Hebei High Court opened a court review.On February 11,under pressure from public opinion, the judge changed the sentence to seven years,but Shi Jianqiao still refused to accept the sentence and appealed to the Nanjing Supreme Court.After several months of investigation and review, the Supreme Court finally made a final judgment on August 25, 1936.The appeal was rejected and the sentence of the Hebei High Court was upheld.But soon, the government announcement issued by Lin Sen, chairman of the Nanjing National Government, was delivered to Tianjin.The article stated, “According to the Judicial Yuan, Shi Jianqiao took the opportunity to assassinate Sun Chuanfang because her father Shi Congbin was killed by Sun Chuanfang.And she immediately surrendered calmly and awaited punishment.On her murder, it is a violation of the criminal law, but her filial piety and desperately desperate are particularly understandable and forgivable.Now according to the requests of various schools and public organizations Amnesty, it is proposed to exempt her from execution according to law,in accordance with the provisions of Article 68 of the Law during the Political Training Period of the Republic of China, it is declared that forgive Shi Jianqiao who was originally sentenced to seven years of imprisonment.Used to express pity and condolences.”
特赦的结果是时任国民政府军事委员会副委员长的冯玉祥发挥的作用。1912年年初滦州起义爆发,施剑翘的四叔施从云任滦州革命军总司令,冯玉祥为总参谋长。后施从云为挽救起义部队而牺牲,冯玉祥一直感念在心。施剑翘案发生后,冯玉祥便联络于右任、李烈钧、张继、宋哲元等20多名国民党中央委员联名上书,吁请对施剑翘特赦。南京国民政府权衡利弊,遂于1936年10月14日签发了特赦令。
The result of the amnesty was influenced by Feng Yuxiang, the vice chairman of the National Military Commission.The uprising in Luanzhou broke out in early 1912.Shi Jianqiao's fourth uncle Shi Congyun served as the commander-in-chief of the Luanzhou Revolutionary Army, and Feng Yuxiang was the chief of the general staff.Shi Congyun sacrificed to save the uprising troops, Feng Yuxiang has always been grateful.After the case of Shi Jianqiao, Feng Yuxiang contacted more than 20 members of the Kuomintang Central Committee including Yu Youren, Li Liejun, Zhang Ji, Song Zheyuan to petition jointly, calling for an amnesty for Shi Jianqiao.Nanjing National Government weighed the pros and cons and issued an amnesty on October 14, 1936.