1 00:00:01,040 --> 00:00:04,800 Speaker 1: You are listening to History on Trial, a production of 2 00:00:04,880 --> 00:00:11,879 Speaker 1: iHeart Podcasts. Listener discretion advised before we begin today's episode. 3 00:00:12,160 --> 00:00:16,000 Speaker 1: A note on names. Today's episode focuses on a group 4 00:00:16,040 --> 00:00:18,640 Speaker 1: of Chinese men, all of whom came to the United 5 00:00:18,680 --> 00:00:22,160 Speaker 1: States from Shanghai. I will be using the shanghaiese order 6 00:00:22,200 --> 00:00:25,840 Speaker 1: for most names, with the surnames coming first, but the 7 00:00:25,840 --> 00:00:30,040 Speaker 1: trial's case name uses English naming conventions, with the surname 8 00:00:30,120 --> 00:00:33,360 Speaker 1: of the defendant following the first name. I've worked with 9 00:00:33,360 --> 00:00:36,919 Speaker 1: the Shanghaiani speaker to get the pronunciations of names correct, 10 00:00:37,360 --> 00:00:41,000 Speaker 1: but I apologize in advance for any errors in pronunciation, 11 00:00:41,600 --> 00:00:48,120 Speaker 1: which are mine alone. With that, let's get started. Doctor 12 00:00:48,200 --> 00:00:51,440 Speaker 1: Lee Gang was getting very worried about the occupants of 13 00:00:51,520 --> 00:00:55,480 Speaker 1: twenty twenty three Calorama Road, a ten room row house 14 00:00:55,520 --> 00:00:59,000 Speaker 1: in Washington, d c. Twenty twenty three was home to 15 00:00:59,080 --> 00:01:04,440 Speaker 1: the Chinese at dad occasional mission. Three men, doctor Theodore Wang, Shia, 16 00:01:04,600 --> 00:01:08,919 Speaker 1: Cheng Shi, and U Bin Shin staffed the mission. Doctor 17 00:01:09,000 --> 00:01:11,120 Speaker 1: Lee was used to seeing the three of them coming 18 00:01:11,200 --> 00:01:14,280 Speaker 1: in and out of the mission, but he hadn't seen 19 00:01:14,400 --> 00:01:18,440 Speaker 1: any of them in three days, and neither had anyone else. 20 00:01:19,200 --> 00:01:23,400 Speaker 1: It was now Friday, January thirty first, nineteen nineteen, and 21 00:01:23,520 --> 00:01:27,520 Speaker 1: Lee was growing increasingly worried. He lived across the street 22 00:01:27,560 --> 00:01:30,319 Speaker 1: from the mission, and over the past three days he 23 00:01:30,400 --> 00:01:33,120 Speaker 1: had seen mail pile up on the stone steps of 24 00:01:33,120 --> 00:01:37,959 Speaker 1: the house. Not just mail, but milk bottles and newspapers 25 00:01:38,080 --> 00:01:41,360 Speaker 1: and laundry too. Why was no one picking up the 26 00:01:41,400 --> 00:01:46,120 Speaker 1: mission's deliveries. Lee knew Wang and Shiah well, and he 27 00:01:46,280 --> 00:01:47,920 Speaker 1: was sure they would have told him if they were 28 00:01:48,000 --> 00:01:52,520 Speaker 1: leaving town by Friday evening. Lee couldn't contain his anxiety. 29 00:01:53,160 --> 00:01:56,200 Speaker 1: He walked across the street and rang the bell. No 30 00:01:56,240 --> 00:01:59,200 Speaker 1: one answered. He looked into the windows of the first 31 00:01:59,280 --> 00:02:02,960 Speaker 1: floor living room, but could not see inside. Then he 32 00:02:03,080 --> 00:02:06,280 Speaker 1: noticed that one of the windows was open, just a crack. 33 00:02:07,080 --> 00:02:12,040 Speaker 1: Lee considered his options. Breaking in seemed extreme, but something 34 00:02:12,200 --> 00:02:15,639 Speaker 1: was not right here. He pushed up the bottom pane 35 00:02:15,680 --> 00:02:19,400 Speaker 1: and wriggled inside. It was pitch black in the mission. 36 00:02:19,960 --> 00:02:22,720 Speaker 1: Groping in the darkness, Lee made his way into the 37 00:02:22,760 --> 00:02:26,720 Speaker 1: front hall, heart pounding, Lee flipped the wall switch and 38 00:02:26,760 --> 00:02:31,080 Speaker 1: the hall flooded with light. Suddenly Lee could see everything, 39 00:02:31,520 --> 00:02:35,600 Speaker 1: the dark wood paneling, the patterned rug, and lying atop 40 00:02:35,680 --> 00:02:40,000 Speaker 1: the rug, a man's body, Lee ran to get help. 41 00:02:40,720 --> 00:02:44,200 Speaker 1: Soon the mission was swarming with officers, and what they 42 00:02:44,240 --> 00:02:48,120 Speaker 1: found inside was horrifying. The body in the front hall 43 00:02:48,160 --> 00:02:51,840 Speaker 1: belonged to forty three year old doctor Theodor Wang Wang, 44 00:02:51,919 --> 00:02:55,399 Speaker 1: had been beaten about the head and shot twice. Furniture 45 00:02:55,480 --> 00:02:58,840 Speaker 1: strewn about the first floor pointed towards a struggle. A 46 00:02:58,880 --> 00:03:01,800 Speaker 1: blood trail led the officers from the front hall into 47 00:03:01,840 --> 00:03:05,480 Speaker 1: the basement. In the small basement kitchen, police found a 48 00:03:05,520 --> 00:03:09,919 Speaker 1: bloody handkerchief and a revolver, which doctor Lee identified as 49 00:03:09,919 --> 00:03:13,160 Speaker 1: belonging to Wu bin Chin, the mission's twenty two year 50 00:03:13,200 --> 00:03:18,160 Speaker 1: old secretary. In the nearby furnace room, police found Wu dead. 51 00:03:19,040 --> 00:03:21,280 Speaker 1: He had been shot once in the head and once 52 00:03:21,360 --> 00:03:24,520 Speaker 1: in the heart. Wu lay with his head touching the 53 00:03:24,560 --> 00:03:28,560 Speaker 1: head of thirty two year old Sia Changxi, the mission's treasurer. 54 00:03:29,240 --> 00:03:32,679 Speaker 1: Tia too had been shot in the head. It was 55 00:03:32,720 --> 00:03:35,960 Speaker 1: a horrific and baffling crime. Who would have wanted to 56 00:03:36,080 --> 00:03:39,840 Speaker 1: kill these men? Their work was not controversial. They helped 57 00:03:39,880 --> 00:03:43,360 Speaker 1: supervise and support Chinese students studying in the United States. 58 00:03:43,880 --> 00:03:47,360 Speaker 1: They were well regarded members of their community. The police 59 00:03:47,400 --> 00:03:51,200 Speaker 1: wanted to solve this case quickly. Fortunately, doctor Lee was 60 00:03:51,280 --> 00:03:54,840 Speaker 1: able to provide them with a lead. Two days earlier, 61 00:03:55,000 --> 00:03:58,840 Speaker 1: on Wednesday, January twenty ninth, Lee had visited the mission. 62 00:03:59,400 --> 00:04:03,640 Speaker 1: When he knocked, no one answered. He tried again. Finally 63 00:04:03,720 --> 00:04:06,960 Speaker 1: a man opened the door, but only a crack. He 64 00:04:07,040 --> 00:04:10,640 Speaker 1: did not invite Lie in. This man was twenty three 65 00:04:10,720 --> 00:04:14,760 Speaker 1: year old Who Jiangsung. Jiangsung, who knew both Wang and 66 00:04:14,840 --> 00:04:17,800 Speaker 1: Who had been staying at the mission earlier in the week. 67 00:04:18,480 --> 00:04:21,120 Speaker 1: But Lee thought Jiang Sung had returned to New York 68 00:04:21,200 --> 00:04:24,480 Speaker 1: where he lived on Monday. What was he still doing 69 00:04:24,480 --> 00:04:28,280 Speaker 1: at the mission on Wednesday? Jiangsung told Lie that no 70 00:04:28,279 --> 00:04:31,560 Speaker 1: one else was in. Lee shrugged and decided to come 71 00:04:31,600 --> 00:04:35,159 Speaker 1: back later. Once Lie told the police about this encounter, 72 00:04:35,640 --> 00:04:39,960 Speaker 1: the police became curious about Jiangsung. Detectives were dispatched to 73 00:04:40,000 --> 00:04:42,880 Speaker 1: New York to question him, and when police learned that 74 00:04:42,920 --> 00:04:45,960 Speaker 1: a Chinese man had tried to pass a forged check 75 00:04:46,240 --> 00:04:49,720 Speaker 1: purported to be from the mission the morning after the murder, 76 00:04:50,240 --> 00:04:55,039 Speaker 1: they thought they knew what had happened. Jiangsung was struggling financially, 77 00:04:55,760 --> 00:04:58,320 Speaker 1: he must have tried to steal money from the mission. 78 00:04:58,720 --> 00:05:01,640 Speaker 1: When his actions were discovered, he had killed the mission 79 00:05:01,720 --> 00:05:05,240 Speaker 1: staff to cover up the crime. The police brought Jiangsung 80 00:05:05,400 --> 00:05:10,320 Speaker 1: back to Washington, d C. And questioned him. Eventually, he confessed. 81 00:05:11,120 --> 00:05:15,360 Speaker 1: It seemed like an open and shutcase, but at Jiangsung's trial, 82 00:05:15,640 --> 00:05:19,560 Speaker 1: his defense would claim that the police had coerced his confession. 83 00:05:20,240 --> 00:05:24,480 Speaker 1: They alleged that the police had employed questionable tactics, denying 84 00:05:24,560 --> 00:05:28,640 Speaker 1: Jiangsung food and sleep, among other things, to get him 85 00:05:28,680 --> 00:05:31,919 Speaker 1: to break This wasn't the first high profile case with 86 00:05:31,960 --> 00:05:35,880 Speaker 1: a coerced confession. For years, the public had been concerned 87 00:05:35,920 --> 00:05:38,800 Speaker 1: about the lengths the police would go to secure a conviction. 88 00:05:39,480 --> 00:05:42,919 Speaker 1: At Jiangsung's trial, the question of what made an acceptable 89 00:05:42,920 --> 00:05:46,919 Speaker 1: confession would come under scrutiny and change the nature of 90 00:05:46,960 --> 00:05:52,919 Speaker 1: police work and the rights of suspects forever. Welcome to 91 00:05:53,040 --> 00:05:57,400 Speaker 1: History on Trial. I'm your host, Mira Hayward. This week 92 00:05:58,080 --> 00:06:04,480 Speaker 1: Jiangsung who VI United States. In nineteen oh nine, the 93 00:06:04,520 --> 00:06:09,039 Speaker 1: Boxer Indemnity Scholarship Program funded its first group of students. 94 00:06:09,520 --> 00:06:14,039 Speaker 1: The program, created via a complicated financial negotiation between the 95 00:06:14,120 --> 00:06:17,040 Speaker 1: Chinese and US governments in the wake of the Boxer Rebellion, 96 00:06:17,400 --> 00:06:21,120 Speaker 1: sponsored Chinese students to study in America. More than twelve 97 00:06:21,200 --> 00:06:24,039 Speaker 1: hundred Chinese students would take part in the program over 98 00:06:24,080 --> 00:06:28,000 Speaker 1: its twenty six year existence. In nineteen eleven, the Chinese 99 00:06:28,120 --> 00:06:31,760 Speaker 1: Educational Mission was founded to help administer the scholarship and 100 00:06:31,800 --> 00:06:36,000 Speaker 1: to support and supervise the program students. Doctor Theodor Wang 101 00:06:36,160 --> 00:06:39,359 Speaker 1: was selected as the mission's first director. He was a 102 00:06:39,440 --> 00:06:43,520 Speaker 1: natural choice. A member of a prominent Shanghai family, Wang 103 00:06:43,600 --> 00:06:47,280 Speaker 1: had himself studied in America, graduating from the University of 104 00:06:47,360 --> 00:06:51,720 Speaker 1: Virginia in eighteen ninety six. Xia Chang Shi soon came 105 00:06:51,760 --> 00:06:55,599 Speaker 1: on as the organization's treasurer. Thirteen years younger than Wang, 106 00:06:55,760 --> 00:06:59,240 Speaker 1: Shiah had experience with both the Chinese Foreign Ministry and 107 00:06:59,480 --> 00:07:03,719 Speaker 1: with Universe City administration. Shia and Wang moved to Washington, 108 00:07:03,800 --> 00:07:06,720 Speaker 1: d C. In nineteen eleven to set up the mission operations. 109 00:07:07,240 --> 00:07:10,200 Speaker 1: Four years later, Wang returned to China to reunite with 110 00:07:10,240 --> 00:07:13,160 Speaker 1: his family. He had had to leave his wife, Julia 111 00:07:13,320 --> 00:07:16,200 Speaker 1: and their seven children in Shanghai when he moved to 112 00:07:16,240 --> 00:07:18,960 Speaker 1: the United States, and couldn't wait to see them again. 113 00:07:19,560 --> 00:07:22,720 Speaker 1: He spent a year in China, but soon duty called 114 00:07:23,120 --> 00:07:27,280 Speaker 1: and he returned to America in nineteen sixteen. Wang didn't 115 00:07:27,280 --> 00:07:30,960 Speaker 1: travel alone. Accompanying Wang on the voyage was U Bin Shing, 116 00:07:31,480 --> 00:07:35,720 Speaker 1: a seventeen year old scholarship student, Wu, who spoke little English, 117 00:07:35,960 --> 00:07:39,800 Speaker 1: came from a powerful family with government connections. While studying 118 00:07:39,800 --> 00:07:43,120 Speaker 1: at George Washington University, Wu would also be serving as 119 00:07:43,120 --> 00:07:46,720 Speaker 1: the mission's secretary. On the journey across the Pacific, Wu 120 00:07:46,880 --> 00:07:49,680 Speaker 1: shared a state room with twenty year old Hu Jiangsung. 121 00:07:50,320 --> 00:07:53,400 Speaker 1: Wang had known Jiangsung since he was a child. Both 122 00:07:53,400 --> 00:07:57,520 Speaker 1: families were part of the same episcopal church. Jiangsung, like Wu, 123 00:07:57,840 --> 00:08:00,400 Speaker 1: would be studying in the United States. He was not 124 00:08:00,480 --> 00:08:04,360 Speaker 1: a scholarship recipient. His wealthy mother was funding his education 125 00:08:04,920 --> 00:08:07,920 Speaker 1: as part of a final attempt to get Jiang Sung 126 00:08:08,160 --> 00:08:12,120 Speaker 1: to straighten his life out. Jiangsung's father had died young, 127 00:08:12,440 --> 00:08:15,560 Speaker 1: leaving his mother with a large fortune and four children 128 00:08:15,600 --> 00:08:20,600 Speaker 1: who she struggled to discipline. Jiangsung had grown up privileged, spoiled, 129 00:08:20,680 --> 00:08:23,920 Speaker 1: and aimless. Hoping that a change of scenery would inspire 130 00:08:24,000 --> 00:08:27,160 Speaker 1: Jiangsung to get his act together, his mother suggested that 131 00:08:27,200 --> 00:08:30,720 Speaker 1: he go study in America. She asked her friend Theodor 132 00:08:30,840 --> 00:08:34,160 Speaker 1: Wang to keep an eye on her son. Upon arrival 133 00:08:34,200 --> 00:08:37,240 Speaker 1: in the US in the spring of nineteen sixteen, Wang 134 00:08:37,320 --> 00:08:40,880 Speaker 1: and U headed to Washington, d c. Jiangsung did not 135 00:08:41,000 --> 00:08:44,400 Speaker 1: join them. He was going to Ohio to attend Ohio 136 00:08:44,480 --> 00:08:49,199 Speaker 1: Northern University. His younger brother, Sang Ying, was also studying 137 00:08:49,200 --> 00:08:53,240 Speaker 1: in Ohio. Within a year, Jiangsung had completed his Bachelor 138 00:08:53,240 --> 00:08:55,880 Speaker 1: of Arts degree, thanks in part to transfer credits from 139 00:08:55,920 --> 00:08:59,040 Speaker 1: his school in Shanghai. In search of more excitement, he 140 00:08:59,120 --> 00:09:02,840 Speaker 1: went east, landing in New York City. Sang In soon 141 00:09:02,920 --> 00:09:06,079 Speaker 1: joined him. The brothers rented a furnished room in Morningside 142 00:09:06,160 --> 00:09:10,200 Speaker 1: Heights and set about enjoying city life. Jungsung does not 143 00:09:10,360 --> 00:09:12,960 Speaker 1: seem to have picked up more responsible habits during his 144 00:09:13,120 --> 00:09:15,920 Speaker 1: year in college. He soon ran through the money his 145 00:09:16,000 --> 00:09:18,439 Speaker 1: mother sent him. He tried to run a movie theater, 146 00:09:18,800 --> 00:09:21,680 Speaker 1: it quickly failed, and then took a job as a valet, 147 00:09:22,200 --> 00:09:25,160 Speaker 1: but that job didn't last long either. At some point 148 00:09:25,200 --> 00:09:29,960 Speaker 1: in nineteen eighteen, Jung Sung contracted the Spanish flu. Between 149 00:09:30,080 --> 00:09:33,520 Speaker 1: nineteen eighteen and nineteen nineteen, the flu killed millions of 150 00:09:33,520 --> 00:09:36,640 Speaker 1: people around the world. Jung Sung did not die, but 151 00:09:36,679 --> 00:09:39,840 Speaker 1: he was profoundly ill, and the after effects of the 152 00:09:39,880 --> 00:09:43,640 Speaker 1: flu with linger for months, leaving him weak and sickly. 153 00:09:44,840 --> 00:09:48,240 Speaker 1: By January nineteen nineteen, Jang Sung was in a very 154 00:09:48,440 --> 00:09:51,800 Speaker 1: dark place. He had only forty one dollars in his 155 00:09:51,880 --> 00:09:55,080 Speaker 1: checking account and no job to replenish the coffers with. 156 00:09:55,640 --> 00:09:59,520 Speaker 1: He was sick and frequently confined to bed. Stressed, he 157 00:09:59,640 --> 00:10:04,120 Speaker 1: drank heavily and argued with his brother. Jiangsung needed a change. 158 00:10:04,640 --> 00:10:08,840 Speaker 1: Inspiration arrived in the form of a telegram Hubinchin, his 159 00:10:08,960 --> 00:10:12,280 Speaker 1: shipmate on the voyage over, and the Chinese Education Mission 160 00:10:12,360 --> 00:10:16,280 Speaker 1: secretary invited him to visit d C, who also sent 161 00:10:16,400 --> 00:10:21,000 Speaker 1: him fifty dollars in late January. Jiangsung decided to take 162 00:10:21,160 --> 00:10:24,240 Speaker 1: U up on his offer. On January twenty second, he 163 00:10:24,320 --> 00:10:27,240 Speaker 1: took a train to Washington. By that evening he was 164 00:10:27,360 --> 00:10:30,880 Speaker 1: the Chinese Educational Mission's house in Caalorama, where the mission 165 00:10:30,960 --> 00:10:34,640 Speaker 1: staff both lived and worked. Jiangsung was given the guest 166 00:10:34,720 --> 00:10:37,720 Speaker 1: room on the first floor. But the Washington trip was 167 00:10:37,840 --> 00:10:41,040 Speaker 1: not the peaceful respite that Jiangsung had hoped for. The 168 00:10:41,080 --> 00:10:43,360 Speaker 1: mission staff were busy with work and did not have 169 00:10:43,400 --> 00:10:46,280 Speaker 1: the energy to tend to a sick house. Guest Wu 170 00:10:46,400 --> 00:10:49,400 Speaker 1: helped care for Jiangsung at nights, but Jiangsung came to 171 00:10:49,440 --> 00:10:53,840 Speaker 1: feel like a burden, and doctor Wang's paternalistic presence probably chafed. 172 00:10:53,880 --> 00:10:58,960 Speaker 1: Two After five days, Jiangsung decided to leave. He did 173 00:10:58,960 --> 00:11:02,080 Speaker 1: not head back to New York immediately, though Instead, he 174 00:11:02,160 --> 00:11:05,240 Speaker 1: took a room at the Harris Hotel near the train station. 175 00:11:05,920 --> 00:11:09,120 Speaker 1: He telegraphed his brother, asking Sung Ing to come take 176 00:11:09,160 --> 00:11:12,400 Speaker 1: care of him. Song Ing hurried south, arriving in the 177 00:11:12,440 --> 00:11:15,360 Speaker 1: middle of the night on January twenty eighth, he found 178 00:11:15,400 --> 00:11:17,920 Speaker 1: his older brother in rough shape. In addition to the 179 00:11:17,920 --> 00:11:21,360 Speaker 1: fatigue from the flu, he was now suffering severe bowel pain. 180 00:11:22,360 --> 00:11:26,240 Speaker 1: But Jiangsung also had some errands to run. On the 181 00:11:26,280 --> 00:11:29,160 Speaker 1: evening of January twenty ninth, he went back to the mission. 182 00:11:29,720 --> 00:11:32,240 Speaker 1: It was during this visit that doctor Li Gung knocked 183 00:11:32,280 --> 00:11:35,080 Speaker 1: on the door and Jongsung told him that everyone else 184 00:11:35,160 --> 00:11:38,320 Speaker 1: was out. This turned out to be true. The mission 185 00:11:38,360 --> 00:11:41,400 Speaker 1: staff were all attending dinners celebrating the Chinese New Year 186 00:11:41,440 --> 00:11:46,200 Speaker 1: that evening. The next morning, Thursday, January thirtieth, Jung Sung 187 00:11:46,360 --> 00:11:50,760 Speaker 1: and Sung En visited Riggs National Bank. Jiangsung stayed in 188 00:11:50,800 --> 00:11:53,720 Speaker 1: the taxi while Sung In went in and attempted to 189 00:11:53,760 --> 00:11:57,679 Speaker 1: deposit a five thousand dollars check. The check, made out 190 00:11:57,679 --> 00:12:01,040 Speaker 1: from the account of the Chinese Educational Mission, was only 191 00:12:01,080 --> 00:12:06,680 Speaker 1: addressed to quote bearer, not to any specific recipient. The 192 00:12:06,760 --> 00:12:10,760 Speaker 1: teller thought this was suspicious. He pulled up a previous 193 00:12:10,880 --> 00:12:14,400 Speaker 1: check from the mission and compared Wang's signatures on each document. 194 00:12:15,160 --> 00:12:19,280 Speaker 1: They didn't match. The teller alerted an assistant cashier, who 195 00:12:19,280 --> 00:12:24,040 Speaker 1: attempted to reach the mission by phone. No one answered. Eventually, 196 00:12:24,200 --> 00:12:27,920 Speaker 1: Sung Inn was told to return with Wang. Sang In 197 00:12:28,320 --> 00:12:31,960 Speaker 1: did not do so. Instead, he and Joangsung went to 198 00:12:32,080 --> 00:12:35,800 Speaker 1: Union Station and boarded a train for New York. The 199 00:12:35,840 --> 00:12:38,760 Speaker 1: next evening, Lie Gung discovered the bodies in the mission. 200 00:12:39,360 --> 00:12:41,960 Speaker 1: There was no sign of forced entry or robbery, so 201 00:12:42,080 --> 00:12:46,160 Speaker 1: the police suspected a more personal motive. After Lee told 202 00:12:46,160 --> 00:12:49,520 Speaker 1: police about his strange interaction with Jiangsung on the twenty ninth, 203 00:12:49,640 --> 00:12:53,680 Speaker 1: the police decided to investigate further. Washington Chief of Police 204 00:12:53,720 --> 00:12:58,240 Speaker 1: Major Raymond Pullman sent to detective Sergeants Guy Burlingame and 205 00:12:58,360 --> 00:13:02,120 Speaker 1: Edward Kelly to New York. The detectives arrived at Jiangsung 206 00:13:02,240 --> 00:13:05,080 Speaker 1: and Song In's apartment at seven thirty a m. On 207 00:13:05,160 --> 00:13:08,679 Speaker 1: February first. The Who brothers and the detectives would give 208 00:13:08,880 --> 00:13:12,760 Speaker 1: very different accounts of the interaction that followed. The detectives 209 00:13:12,800 --> 00:13:16,000 Speaker 1: claimed that Jiangsung expressed no surprise at the news of 210 00:13:16,040 --> 00:13:20,760 Speaker 1: the deaths. He asked many questions but seemed calm. Jiangsung 211 00:13:20,880 --> 00:13:24,480 Speaker 1: told them he had left d C on January twenty seventh. 212 00:13:25,400 --> 00:13:29,440 Speaker 1: In the brothers telling, things were much less amicable. They 213 00:13:29,559 --> 00:13:33,120 Speaker 1: said that the detectives had entered their rooms with guns 214 00:13:33,200 --> 00:13:36,760 Speaker 1: drawn and begun tearing the room apart searching for a gun. 215 00:13:37,120 --> 00:13:40,679 Speaker 1: Jiangsung denied, ever, saying that he returned on the twenty seventh. 216 00:13:41,360 --> 00:13:44,240 Speaker 1: Both versions of this encounter end in similar ways, though 217 00:13:44,679 --> 00:13:47,920 Speaker 1: with Jiangsung agreeing to accompany the detectives to d C 218 00:13:48,200 --> 00:13:52,480 Speaker 1: to help answer questions. Jiangsun pulled together the toiletries and 219 00:13:52,520 --> 00:13:56,600 Speaker 1: clothes necessary for a short trip. But this trip would 220 00:13:56,640 --> 00:14:01,560 Speaker 1: not be short. Soon, Jiangsung would discover the police did 221 00:14:01,600 --> 00:14:07,199 Speaker 1: not intend to let him go home. When the train 222 00:14:07,320 --> 00:14:11,679 Speaker 1: carrying Jiangsung and the detectives arrived in Washington, dozens of 223 00:14:11,720 --> 00:14:15,880 Speaker 1: reporters and photographers lined up to meet them. Anticipating this, 224 00:14:16,080 --> 00:14:18,760 Speaker 1: Chief Pullman had the group exit off the rear of 225 00:14:18,800 --> 00:14:22,440 Speaker 1: the train, and then, instead of taking Jong Sung to 226 00:14:22,480 --> 00:14:25,960 Speaker 1: the police station where more reporters were waiting, Pullman had 227 00:14:26,040 --> 00:14:29,040 Speaker 1: him taken to the Board of Police Surgeon's health clinic. 228 00:14:29,520 --> 00:14:33,680 Speaker 1: At the clinic, Pullman himself began the questioning, assisted by 229 00:14:33,760 --> 00:14:38,920 Speaker 1: Chief of Detectives Clifford Grant. Jongsung did not admit to anything. 230 00:14:39,600 --> 00:14:42,640 Speaker 1: Juan Sung was next asked to appear in front of 231 00:14:42,680 --> 00:14:46,560 Speaker 1: a group of employees from Riggs National Bank. Police hoped 232 00:14:46,560 --> 00:14:49,480 Speaker 1: that the employees would i d Juangsung as the man 233 00:14:49,560 --> 00:14:52,840 Speaker 1: who had tried to deposit the forged check, but the 234 00:14:52,840 --> 00:14:55,280 Speaker 1: employees said that he was not the man they had seen. 235 00:14:56,120 --> 00:15:00,040 Speaker 1: Tired and feeling ill, Jangsung asked to leave, but but 236 00:15:00,160 --> 00:15:03,480 Speaker 1: the police, who had not formally arrested Jiangsung at this point, 237 00:15:03,840 --> 00:15:07,240 Speaker 1: would not let him go. Instead, they took him to 238 00:15:07,280 --> 00:15:11,840 Speaker 1: the Dewey hotel. Why not to the police station. As 239 00:15:11,920 --> 00:15:15,320 Speaker 1: historian Scott Seligman says in his book The Third Degree, 240 00:15:15,840 --> 00:15:19,720 Speaker 1: the police quote intended to keep him in communicado for 241 00:15:19,760 --> 00:15:23,360 Speaker 1: as long as they interrogated him. This way, no one, 242 00:15:23,600 --> 00:15:27,360 Speaker 1: not reporters nor voyeurs, but also not any of his 243 00:15:27,480 --> 00:15:31,440 Speaker 1: friends nor any attorneys could find out where he was. 244 00:15:32,400 --> 00:15:36,400 Speaker 1: While Jang Sung sat cloistered in the hotel, the Washington 245 00:15:36,440 --> 00:15:40,080 Speaker 1: police were returning to New York. One of the bank 246 00:15:40,120 --> 00:15:43,000 Speaker 1: employees had mentioned that the man who brought the check 247 00:15:43,400 --> 00:15:46,800 Speaker 1: looked younger than Jiangsung, so the police were working on 248 00:15:46,840 --> 00:15:49,080 Speaker 1: the theory that it had been twenty year old Song 249 00:15:49,200 --> 00:15:52,680 Speaker 1: In who visited the bank. Early on Monday morning, Detective 250 00:15:52,760 --> 00:15:56,080 Speaker 1: Kelly showed up at Sung Inn's door to get song 251 00:15:56,160 --> 00:15:59,280 Speaker 1: In to accompany him back to Washington because the police 252 00:15:59,320 --> 00:16:01,720 Speaker 1: had no grounds to formally arrest him at this point, 253 00:16:02,080 --> 00:16:06,560 Speaker 1: Kelly lied, telling song In that Jiangsung was ill and 254 00:16:06,680 --> 00:16:10,400 Speaker 1: asking for his brother. Sang In quickly agreed to return 255 00:16:10,440 --> 00:16:13,760 Speaker 1: with Kelly, but when the pair arrived in Washington, song 256 00:16:13,880 --> 00:16:17,760 Speaker 1: In was not taken to Jiangsung. Instead, he was taken 257 00:16:17,760 --> 00:16:21,640 Speaker 1: to the police clinic, where officers interrogated him and accused 258 00:16:21,720 --> 00:16:25,720 Speaker 1: him of murder. They questioned him all night without giving 259 00:16:25,760 --> 00:16:29,360 Speaker 1: him any food. Early the next morning, the police checked 260 00:16:29,360 --> 00:16:32,240 Speaker 1: song In into the Dewey hotel. He did not know 261 00:16:32,280 --> 00:16:35,200 Speaker 1: that his brother was staying there as well. While sang 262 00:16:35,280 --> 00:16:38,240 Speaker 1: In finally got some sleep, the police took his photo 263 00:16:38,320 --> 00:16:41,200 Speaker 1: around to the bank. All the employees confirmed that this 264 00:16:41,440 --> 00:16:43,960 Speaker 1: was indeed the man who had tried to cash the 265 00:16:44,040 --> 00:16:47,760 Speaker 1: forged check. Police were now certain that they had their men. 266 00:16:48,160 --> 00:16:50,960 Speaker 1: They believed that Jiangsung had forged the check and then 267 00:16:51,080 --> 00:16:53,960 Speaker 1: killed the mission staff when they discovered his crime, but 268 00:16:54,080 --> 00:16:57,720 Speaker 1: their case was circumstantial. To make it air tight, they 269 00:16:57,800 --> 00:17:01,080 Speaker 1: needed a confession. Over the night. Next five days, the 270 00:17:01,080 --> 00:17:05,880 Speaker 1: police questioned Juangsung and song In incessantly, even interrupting their 271 00:17:05,920 --> 00:17:09,919 Speaker 1: sleep to get more questions. In Per the brother's later accounts, 272 00:17:10,000 --> 00:17:13,119 Speaker 1: the police did more than just question them. They also 273 00:17:13,240 --> 00:17:17,760 Speaker 1: insulted them, using racist slurs and abusive language. They pinched 274 00:17:17,800 --> 00:17:20,800 Speaker 1: and pushed the men. They refused to let them see 275 00:17:20,840 --> 00:17:24,400 Speaker 1: each other. They did not allow Jiangsung, who was now 276 00:17:24,600 --> 00:17:28,840 Speaker 1: very ill, to get adequate rest. After five days of this, 277 00:17:29,280 --> 00:17:32,760 Speaker 1: song In cracked he admitted that he had tried to 278 00:17:32,840 --> 00:17:36,320 Speaker 1: cash the check. When detectives told Jiangsung what his brother 279 00:17:36,359 --> 00:17:40,120 Speaker 1: had said, he was shocked and angry. The police thought 280 00:17:40,119 --> 00:17:42,960 Speaker 1: that he might just be close to breaking two. His 281 00:17:43,119 --> 00:17:46,439 Speaker 1: little brother was his weak spot. Jang Sung wanted to 282 00:17:46,440 --> 00:17:50,160 Speaker 1: protect him. Maybe if detectives allowed them to see each other, 283 00:17:50,680 --> 00:17:54,280 Speaker 1: Jung Sung would open up. The Next day, the police 284 00:17:54,280 --> 00:17:57,119 Speaker 1: took the brothers to the murder scene. When he saw 285 00:17:57,119 --> 00:18:00,440 Speaker 1: his younger brother, Jung Sung excitedly shook some in his 286 00:18:00,560 --> 00:18:03,840 Speaker 1: hand and asked after his well being. But this was 287 00:18:03,880 --> 00:18:08,359 Speaker 1: not to be a long reunion. Soon the questioning started again. 288 00:18:09,040 --> 00:18:12,040 Speaker 1: Pullman implied to jog Sung that song In was about 289 00:18:12,080 --> 00:18:15,359 Speaker 1: to be arrested for the crime unless Jeong Sung did 290 00:18:15,400 --> 00:18:19,280 Speaker 1: something to stop it. You know what you did, song 291 00:18:19,359 --> 00:18:22,520 Speaker 1: In remembered Chief Pullman telling his brother, why don't you 292 00:18:22,640 --> 00:18:25,880 Speaker 1: say something and let your brother go? Your little brother 293 00:18:25,960 --> 00:18:28,800 Speaker 1: has a good future. We just want you to say 294 00:18:28,840 --> 00:18:32,800 Speaker 1: something and let him go out. When this emotional pressure 295 00:18:32,840 --> 00:18:36,880 Speaker 1: did not work, the detectives increased the prisoner's discomfort. They 296 00:18:36,920 --> 00:18:40,399 Speaker 1: denied them trips to the bathroom. They gave them no food. 297 00:18:40,840 --> 00:18:45,080 Speaker 1: When Jangsung, increasingly ill, slumped in his chair, song In 298 00:18:45,320 --> 00:18:49,600 Speaker 1: handed him a cushion, Detective Kelly took it away, saying, 299 00:18:50,080 --> 00:18:53,240 Speaker 1: don't think you are home. You are in our power. 300 00:18:53,680 --> 00:18:56,800 Speaker 1: You have got to do what we say. The questioning 301 00:18:56,840 --> 00:19:01,639 Speaker 1: continued all night. By five am, the detectives were exhausted 302 00:19:02,160 --> 00:19:05,840 Speaker 1: and Jiangsung was on the verge of collapse. The detectives 303 00:19:05,840 --> 00:19:09,320 Speaker 1: had to carry him out. Both brothers were taken to 304 00:19:09,359 --> 00:19:14,280 Speaker 1: the tenth Precinct station house. There, Jiangsung was finally allowed 305 00:19:14,320 --> 00:19:17,439 Speaker 1: to sleep. When he woke up that evening, the questioning 306 00:19:17,520 --> 00:19:22,399 Speaker 1: began again. Inspector Grant told Jiangsung, quote, if you are 307 00:19:22,440 --> 00:19:26,000 Speaker 1: guilty and your brother is innocent, now is the time 308 00:19:26,160 --> 00:19:30,280 Speaker 1: to tell it. After nearly a week of mental and 309 00:19:30,320 --> 00:19:34,720 Speaker 1: physical suffering, Jiangsung could take it no more. He told 310 00:19:34,760 --> 00:19:37,320 Speaker 1: detectives that he had been there when the killings happened, 311 00:19:37,840 --> 00:19:40,800 Speaker 1: but it had not been him who shot the mission's staff. 312 00:19:41,280 --> 00:19:45,160 Speaker 1: Oh Bin Shin had killed Theodore Wang and Shia Tchiangxi, 313 00:19:45,600 --> 00:19:48,680 Speaker 1: he said, and then a businessman named c h Chen 314 00:19:49,119 --> 00:19:54,480 Speaker 1: killed Whu. Xiang Sung, too tired to speak more, stopped there. 315 00:19:55,080 --> 00:19:57,320 Speaker 1: He told officers he would tell them more the next 316 00:19:57,400 --> 00:20:00,880 Speaker 1: day if they let him sleep. The next morning, Jiang 317 00:20:01,000 --> 00:20:04,680 Speaker 1: Sung laid out what happened. He and U Bin Chin 318 00:20:05,119 --> 00:20:07,800 Speaker 1: had plotted to forge a check from the mission, but 319 00:20:07,920 --> 00:20:10,639 Speaker 1: doctor Wang had discovered their plan and was going to 320 00:20:10,680 --> 00:20:14,280 Speaker 1: alert the police. Whu told Jiangsung to come over to 321 00:20:14,320 --> 00:20:16,240 Speaker 1: the mission on the evening of the twenty ninth to 322 00:20:16,280 --> 00:20:19,400 Speaker 1: figure out what to do. But at the mission, who 323 00:20:19,600 --> 00:20:23,240 Speaker 1: had lost his head, he had shot Wang and Siya. 324 00:20:24,040 --> 00:20:28,639 Speaker 1: Jiangsung had been horrified and furious, so he not a 325 00:20:28,680 --> 00:20:31,520 Speaker 1: businessman named Chen, as he had claimed the night before, 326 00:20:32,359 --> 00:20:36,400 Speaker 1: had shot Wu. Jiangsung said his brother had no idea 327 00:20:36,440 --> 00:20:40,119 Speaker 1: about any of it. My brother is absolutely innocent, he 328 00:20:40,160 --> 00:20:43,159 Speaker 1: told detectives. He had no part in the killing. He 329 00:20:43,400 --> 00:20:46,280 Speaker 1: knew nothing of it. He was only my tool in 330 00:20:46,320 --> 00:20:49,480 Speaker 1: attempting to pass the forged check. When the bank had 331 00:20:49,480 --> 00:20:53,280 Speaker 1: not accepted the check. Jiangsung had abandoned the plan and 332 00:20:53,359 --> 00:20:56,560 Speaker 1: headed for New York, throwing away the forged check in 333 00:20:56,600 --> 00:21:01,840 Speaker 1: the train bathroom. Jiangsung was arrested murder. The police did 334 00:21:01,840 --> 00:21:05,119 Speaker 1: not arrest Sung In immediately, but kept him in jail. 335 00:21:05,960 --> 00:21:08,600 Speaker 1: The two brothers were allowed to share a cell, and 336 00:21:08,680 --> 00:21:13,199 Speaker 1: Thong In tended to his ailing older brother. Jiangsung signed 337 00:21:13,200 --> 00:21:17,120 Speaker 1: a type statement of his confession. He told Inspector Grant, 338 00:21:17,520 --> 00:21:20,760 Speaker 1: I'm glad this is off my mind. Doctor Wang was 339 00:21:20,840 --> 00:21:24,120 Speaker 1: my friend and my mother in Shanghai had entrusted him 340 00:21:24,119 --> 00:21:26,800 Speaker 1: to care for me in this country. I never wanted 341 00:21:26,880 --> 00:21:29,359 Speaker 1: him killed, so I killed U for what he had done. 342 00:21:29,760 --> 00:21:32,639 Speaker 1: I'm glad it is all over. You now have the 343 00:21:32,680 --> 00:21:35,280 Speaker 1: whole truth. I am not going to fight the case 344 00:21:35,320 --> 00:21:38,560 Speaker 1: you built against me. I want no lawyer. I know 345 00:21:38,760 --> 00:21:41,400 Speaker 1: what I have done, and I will take my medicine 346 00:21:41,520 --> 00:21:45,679 Speaker 1: as you Americans say. But just one day later, Jiang 347 00:21:45,800 --> 00:21:51,199 Speaker 1: Sung changed his mind. Now he wanted to fight. What 348 00:21:51,359 --> 00:21:56,000 Speaker 1: had happened to cause this change the coroner's inquest, which 349 00:21:56,040 --> 00:22:00,000 Speaker 1: took place on February tenth and eleventh. The jury there 350 00:22:00,400 --> 00:22:04,720 Speaker 1: concluded that both Jiangsung and Sung In were responsible for 351 00:22:04,760 --> 00:22:09,640 Speaker 1: the murders. Jogsung was horrified. I must have a lawyer now, 352 00:22:09,680 --> 00:22:12,080 Speaker 1: he said, because they do not believe what I tell them. 353 00:22:12,520 --> 00:22:14,480 Speaker 1: I have told them the truth that my brother might 354 00:22:14,520 --> 00:22:17,040 Speaker 1: not suffer. Now they are going to punish him too. 355 00:22:17,760 --> 00:22:20,159 Speaker 1: I must make them understand that I am the only 356 00:22:20,240 --> 00:22:24,399 Speaker 1: man living who is to blame. Before, Jiangsung would have 357 00:22:24,440 --> 00:22:28,040 Speaker 1: said anything to protect his brother or to get some sleep, 358 00:22:28,560 --> 00:22:31,159 Speaker 1: But now it seemed that his eyes were open to 359 00:22:31,240 --> 00:22:34,480 Speaker 1: the dangers in front of him, and these dangers were 360 00:22:34,720 --> 00:22:39,280 Speaker 1: very real. If Jangsung was found guilty of first degree murder, 361 00:22:40,040 --> 00:22:46,760 Speaker 1: he would be sentenced to death. Shortly after the coroner's inquest, 362 00:22:46,960 --> 00:22:51,200 Speaker 1: the brothers were transferred to the district jail, an outdated, 363 00:22:51,320 --> 00:22:54,719 Speaker 1: dilapidated facility. The jail did not look much different than 364 00:22:54,760 --> 00:22:58,480 Speaker 1: it had when Charles Guitteau had stayed there forty years earlier, 365 00:22:58,840 --> 00:23:02,600 Speaker 1: and the gallows from which Guittau had been hanged spoiler 366 00:23:02,640 --> 00:23:06,199 Speaker 1: alert for episode four of History on Trial still stood 367 00:23:06,240 --> 00:23:09,879 Speaker 1: in the courtyard, an ominous reminder of what Jog Sung 368 00:23:10,119 --> 00:23:13,560 Speaker 1: was up against. He would have many days to watch 369 00:23:13,600 --> 00:23:16,679 Speaker 1: the gallows. It took more than seven months for the 370 00:23:16,720 --> 00:23:20,920 Speaker 1: grand jury to return indictments in the case. Though John Laski, 371 00:23:21,119 --> 00:23:24,400 Speaker 1: the United States attorney for d C, had publicly expressed 372 00:23:24,440 --> 00:23:28,880 Speaker 1: confidence in the case, he was actually very concerned. Laski 373 00:23:28,960 --> 00:23:32,720 Speaker 1: thought that Jangsun's confession, which the prisoner had now taken back, 374 00:23:33,160 --> 00:23:36,760 Speaker 1: might very well be thrown out at trial. Laski also 375 00:23:36,840 --> 00:23:39,600 Speaker 1: wondered whether the police had been too hasty to narrow 376 00:23:39,640 --> 00:23:44,080 Speaker 1: in on one suspect, ignoring other possible leads, leads that 377 00:23:44,160 --> 00:23:49,399 Speaker 1: could introduce reasonable doubt at trial. Still, Laski managed to 378 00:23:49,400 --> 00:23:52,879 Speaker 1: convince a grand jury. In late September. The grand jury 379 00:23:52,960 --> 00:23:57,320 Speaker 1: handed down indictments, three for first degree murder for Jiangsung 380 00:23:57,720 --> 00:24:02,119 Speaker 1: and one for passing a forged check sung In. Jiangsung 381 00:24:02,320 --> 00:24:04,600 Speaker 1: must have been relieved that his brother was no longer 382 00:24:04,640 --> 00:24:08,760 Speaker 1: implicated in the murder, but he had other concerns. His 383 00:24:08,800 --> 00:24:11,720 Speaker 1: medical condition was worsening, and he had to spend time 384 00:24:11,760 --> 00:24:16,080 Speaker 1: in the jail's red cross room. On October seventh, nineteen nineteen, 385 00:24:16,440 --> 00:24:20,120 Speaker 1: in the Washington d C. Supreme Court, Jangsung and Sung 386 00:24:20,240 --> 00:24:24,920 Speaker 1: In pled not guilty. Judge Ashley M. Goule granted Song 387 00:24:25,000 --> 00:24:28,639 Speaker 1: In bail, and he headed back to New York. Jiangsung 388 00:24:28,800 --> 00:24:32,919 Speaker 1: returned to the district jail to await trial outside of 389 00:24:32,960 --> 00:24:37,120 Speaker 1: the jail, His lawyers, James O'shay, John Sachs, and Charles 390 00:24:37,119 --> 00:24:41,840 Speaker 1: Fahey were working feverishly. How exactly these lawyers came to 391 00:24:41,880 --> 00:24:45,439 Speaker 1: be hired or who was paying them is unknown, but 392 00:24:45,520 --> 00:24:50,080 Speaker 1: they would fight tirelessly for their client. The central issue 393 00:24:50,080 --> 00:24:54,679 Speaker 1: of Jiangsung's trial was his confession. Was it admissible or not. 394 00:24:55,600 --> 00:24:59,080 Speaker 1: Jiangsung's lawyers would argue that it was not, that it 395 00:24:59,119 --> 00:25:03,600 Speaker 1: had been obtained through coercion and pressure. O'Shea introduced this 396 00:25:03,760 --> 00:25:07,800 Speaker 1: idea as early as jury selection, asking jurors, in Scott 397 00:25:07,800 --> 00:25:12,119 Speaker 1: Seligman's words quote, if they would afford a confession obtained 398 00:25:12,160 --> 00:25:16,560 Speaker 1: after eight days grilling of a sick prisoner denied communication 399 00:25:16,720 --> 00:25:21,000 Speaker 1: with his friends as much consideration as one given voluntarily 400 00:25:21,160 --> 00:25:26,200 Speaker 1: under different circumstances. The prosecution also thought carefully about how 401 00:25:26,240 --> 00:25:29,679 Speaker 1: to approach the matter of the confession. US Attorney Lasky 402 00:25:29,840 --> 00:25:32,919 Speaker 1: had decided to prosecute Jongsung only for the murder of 403 00:25:33,000 --> 00:25:35,520 Speaker 1: Hu Bin Shin, since this was the only murder he 404 00:25:35,560 --> 00:25:40,000 Speaker 1: had directly confessed to, But in opening statements on December fifteenth, 405 00:25:40,359 --> 00:25:44,840 Speaker 1: Assistant US Attorney BELITHA. J. Laws Yes, Laws, great name 406 00:25:44,880 --> 00:25:48,800 Speaker 1: for a lawyer tried to avoid the confession entirely aware 407 00:25:48,840 --> 00:25:52,399 Speaker 1: that it might be thrown out. Instead, Laws focused on 408 00:25:52,480 --> 00:25:56,880 Speaker 1: Jongsen's precarious finances, his motive to forge a check from 409 00:25:56,920 --> 00:26:02,159 Speaker 1: the mission. The prosecution's witnesses health solidify this motive. On 410 00:26:02,200 --> 00:26:05,399 Speaker 1: the first day, Laws introduced a number of acquaintances of 411 00:26:05,480 --> 00:26:08,719 Speaker 1: Jiangsung's from New York, all of whom testified to his 412 00:26:08,760 --> 00:26:12,160 Speaker 1: financial struggles and his long term ill health, which made 413 00:26:12,200 --> 00:26:17,800 Speaker 1: it impossible for him to work motive check. Next, doctor 414 00:26:17,920 --> 00:26:21,040 Speaker 1: Lee Gung testified to having seen Jiang Sung at the 415 00:26:21,080 --> 00:26:26,560 Speaker 1: mission on the night of the murders. Opportunity check. With 416 00:26:26,680 --> 00:26:30,560 Speaker 1: motive and opportunity established, Laws turned to the police evidence. 417 00:26:31,200 --> 00:26:34,120 Speaker 1: Though he had shied away from addressing the confession earlier 418 00:26:34,160 --> 00:26:37,199 Speaker 1: in the trial, the prosecutor now confronted it head on. 419 00:26:37,880 --> 00:26:40,679 Speaker 1: He introduced receipts from the Dewey Hotel that showed that 420 00:26:40,800 --> 00:26:44,880 Speaker 1: Jiangsung had been fed. He called Inspector Grant and Detective 421 00:26:44,920 --> 00:26:48,600 Speaker 1: Burlingame to the stand, both of whom denied any abuse 422 00:26:48,680 --> 00:26:52,840 Speaker 1: or pressure. When asked if Jiangsung's illness might have contributed 423 00:26:52,880 --> 00:26:57,000 Speaker 1: to his confession, Burlingame said that Jang Sung was quote 424 00:26:57,240 --> 00:27:00,280 Speaker 1: sick in the head more than in the body. But 425 00:27:00,359 --> 00:27:04,040 Speaker 1: on cross examination, James O'sheay revealed some cracks in the 426 00:27:04,080 --> 00:27:08,840 Speaker 1: detective stories. O'Shea got Burlingame to admit that Jangsung had 427 00:27:08,880 --> 00:27:11,840 Speaker 1: indeed been questioned late at night, and that when he 428 00:27:11,880 --> 00:27:15,119 Speaker 1: had finally confessed, he had been lying in bed sick. 429 00:27:16,080 --> 00:27:19,200 Speaker 1: Inpector Grant acknowledged that Jang Sung had not been allowed 430 00:27:19,200 --> 00:27:22,479 Speaker 1: to see his brother, or any non police or hotel 431 00:27:22,560 --> 00:27:27,280 Speaker 1: staff for that matter, for five days. On December twenty ninth, 432 00:27:27,400 --> 00:27:31,240 Speaker 1: Judge Gould ruled on the confession. The limits to which 433 00:27:31,240 --> 00:27:35,000 Speaker 1: the police may go, Gould said, depends on the circumstances 434 00:27:35,040 --> 00:27:37,560 Speaker 1: of each case. They have a right to use all 435 00:27:37,600 --> 00:27:41,040 Speaker 1: reasonable methods in getting facts. In a case, he told 436 00:27:41,080 --> 00:27:43,119 Speaker 1: the jury it was up to them to decide whether 437 00:27:43,119 --> 00:27:46,800 Speaker 1: the police methods were reasonable. In this case, the confession 438 00:27:46,840 --> 00:27:50,879 Speaker 1: would be admitted. It was a big win for the prosecution. 439 00:27:51,880 --> 00:27:56,480 Speaker 1: On December thirty first, Joangsun's confession was read aloud. On 440 00:27:56,600 --> 00:28:02,320 Speaker 1: that climactic note, the prosecution rested. Defense lawyer James O'shay 441 00:28:02,440 --> 00:28:06,639 Speaker 1: began his case with an opening statement. Despite Gould's ruling, 442 00:28:06,760 --> 00:28:09,679 Speaker 1: O'Shea still believed that getting the jurors to question the 443 00:28:09,680 --> 00:28:13,679 Speaker 1: confession was the best path forward. He told jurors that 444 00:28:13,760 --> 00:28:18,200 Speaker 1: Jiangsung had been quote cursed, pushed and struck by the police, 445 00:28:18,720 --> 00:28:22,120 Speaker 1: and that quote the defendant was in ill health and 446 00:28:22,200 --> 00:28:25,560 Speaker 1: his condition became so acute that he would have confessed 447 00:28:25,560 --> 00:28:28,479 Speaker 1: to anything should it result in his being left alone 448 00:28:28,480 --> 00:28:32,720 Speaker 1: by the detectives. To reinforce this point, O'Shea called song 449 00:28:32,840 --> 00:28:36,800 Speaker 1: In to the stand. Song In painted a harrowing portrait 450 00:28:36,840 --> 00:28:40,800 Speaker 1: of the interrogation. He described the police using racial slurs, 451 00:28:41,280 --> 00:28:45,440 Speaker 1: threatening them with violence, and telling Jiangsung to confess in 452 00:28:45,560 --> 00:28:49,480 Speaker 1: order to free his brother. Song In emotionally admitted that 453 00:28:49,600 --> 00:28:53,360 Speaker 1: he too, in desperation, had asked his brother to confess, 454 00:28:54,040 --> 00:28:57,959 Speaker 1: imploring Jiangsung, quote just say yes. They send us back 455 00:28:58,000 --> 00:29:00,320 Speaker 1: to the hotel and give us food, and they don't 456 00:29:00,320 --> 00:29:04,800 Speaker 1: send us to dungeon. In other ways, though Sung In 457 00:29:05,080 --> 00:29:08,120 Speaker 1: was a less than convincing witness, he now denied that 458 00:29:08,160 --> 00:29:10,600 Speaker 1: it was Jang Sung who had given him the forged check, 459 00:29:11,040 --> 00:29:14,720 Speaker 1: instead saying that a stranger asked him to deposit it. 460 00:29:14,720 --> 00:29:17,600 Speaker 1: It was a hard story to swallow and raised questions 461 00:29:17,640 --> 00:29:21,760 Speaker 1: about song In's credibility, But song Inn's testimony about the 462 00:29:21,840 --> 00:29:26,440 Speaker 1: interrogation was corroborated by his brother. Jong Sung described the 463 00:29:26,520 --> 00:29:30,680 Speaker 1: stress and exhaustion of his week long ordeal. He explained 464 00:29:30,680 --> 00:29:33,320 Speaker 1: that he would have done anything to make the questioning stop. 465 00:29:33,960 --> 00:29:36,480 Speaker 1: By the time he had signed the tight out confession, 466 00:29:36,720 --> 00:29:39,480 Speaker 1: Joansung said he had been so ill he could not 467 00:29:39,600 --> 00:29:44,240 Speaker 1: get out of bed. Judge Gould seemed skeptical of these claims, 468 00:29:44,680 --> 00:29:48,560 Speaker 1: asking Jongsung, nobody held a gun over you, and nobody 469 00:29:48,600 --> 00:29:52,440 Speaker 1: threatened to kill you. Jog Sung replied, this is worse 470 00:29:52,480 --> 00:29:57,000 Speaker 1: than killing. If they kill me, I don't mind. Still unconvinced, 471 00:29:57,320 --> 00:30:01,360 Speaker 1: Gould asked if he really thought signing up confession, which 472 00:30:01,480 --> 00:30:04,760 Speaker 1: might lead to him receiving the death penalty, was worse 473 00:30:04,800 --> 00:30:09,320 Speaker 1: than answering questions. They wanted me to confess and to sign, 474 00:30:09,520 --> 00:30:13,400 Speaker 1: Jiangsung explained, And my idea is this, I want them 475 00:30:13,440 --> 00:30:16,000 Speaker 1: to leave me alone and let my brother nurse me 476 00:30:16,360 --> 00:30:18,960 Speaker 1: and let me get well. I don't want to argue 477 00:30:18,960 --> 00:30:22,600 Speaker 1: with them. At the same time, Jeong Sung's claims were 478 00:30:22,600 --> 00:30:26,560 Speaker 1: backed up by the prosecution's strongest witness, doctor James Gannon, 479 00:30:26,720 --> 00:30:30,520 Speaker 1: the chief medical officer at the district jail. Gannon had 480 00:30:30,560 --> 00:30:33,680 Speaker 1: seen Jiang Sung shortly after his arrival at the jail 481 00:30:33,880 --> 00:30:37,800 Speaker 1: and had been shocked at his condition. He diagnosed Jiuong 482 00:30:37,920 --> 00:30:41,680 Speaker 1: Sung with spastic colitis, which he testified would result in 483 00:30:41,760 --> 00:30:47,480 Speaker 1: almost constant pain. He observed that Jiangsun was emaciated and exhausted. 484 00:30:48,280 --> 00:30:51,080 Speaker 1: Gannon had been so concerned about the prisoner's health that 485 00:30:51,120 --> 00:30:54,160 Speaker 1: he had confined Jiangsung to a bed in the jail's 486 00:30:54,200 --> 00:30:58,280 Speaker 1: Red Cross room for more than a month. Once again, 487 00:30:58,440 --> 00:31:02,160 Speaker 1: Judge Gould had questions for this witness. Are you prepared 488 00:31:02,160 --> 00:31:05,040 Speaker 1: to say that his condition had any effect on his mind? 489 00:31:05,320 --> 00:31:09,920 Speaker 1: Gould asked, oh, yes, I am. Gannon replied, what do 490 00:31:09,960 --> 00:31:13,680 Speaker 1: you say he was of sound or unsound mind? In 491 00:31:13,720 --> 00:31:16,640 Speaker 1: so far as he was unable to make an important decision? 492 00:31:16,880 --> 00:31:21,920 Speaker 1: Gannon said he was of unsound mind. Judge Gould was 493 00:31:22,000 --> 00:31:27,240 Speaker 1: highly skeptical with spastic colitis. He asked, if he was 494 00:31:27,280 --> 00:31:30,440 Speaker 1: accused of a crime, he would simply sign a paper 495 00:31:30,480 --> 00:31:33,400 Speaker 1: and say you hang me. That is your opinion as 496 00:31:33,440 --> 00:31:38,680 Speaker 1: a medical man. Gannon did not back down. I say, 497 00:31:38,840 --> 00:31:41,840 Speaker 1: if he was as sick as that and in as 498 00:31:41,960 --> 00:31:45,680 Speaker 1: great pain as that, he would do anything to have 499 00:31:45,800 --> 00:31:50,600 Speaker 1: the torture stopped. Would Gannon's testimony convince the jury that 500 00:31:50,720 --> 00:31:54,920 Speaker 1: Jang Sung's confession had not been made voluntarily. The defense 501 00:31:54,960 --> 00:31:59,680 Speaker 1: certainly hoped so. James O'Shea stressed the terrible pressure Jean 502 00:31:59,760 --> 00:32:03,480 Speaker 1: Sun And had been under. During his closing arguments, he 503 00:32:03,600 --> 00:32:06,280 Speaker 1: told jurors that the police's conduct was not in line 504 00:32:06,320 --> 00:32:10,480 Speaker 1: with American values. Quote. If they treated this boy as 505 00:32:10,480 --> 00:32:14,200 Speaker 1: the testimony indicates, it is high time an American jury 506 00:32:14,240 --> 00:32:17,760 Speaker 1: put its stamp of disapproval on the methods of the police. 507 00:32:19,040 --> 00:32:23,719 Speaker 1: United States Attorney John Lasky vehemently disagreed. In his closing 508 00:32:23,800 --> 00:32:27,760 Speaker 1: argument for the prosecution. Lasky shot back, quote, the police 509 00:32:27,800 --> 00:32:29,960 Speaker 1: would have been derelict in their duty if they had 510 00:32:30,000 --> 00:32:33,840 Speaker 1: not interrogated him at great length. The jury should affirm 511 00:32:33,920 --> 00:32:37,080 Speaker 1: the police's work, or the criminal justice system would feel 512 00:32:37,120 --> 00:32:41,960 Speaker 1: the consequences. Lasky continued, quote, if the police are not 513 00:32:42,000 --> 00:32:45,600 Speaker 1: to be allowed to question persons suspected of crime, particularly 514 00:32:45,640 --> 00:32:48,680 Speaker 1: those who have been trapped in conflicting statements and lies, 515 00:32:49,200 --> 00:32:52,760 Speaker 1: you might as well close up the courthouse. Who would 516 00:32:52,760 --> 00:32:57,160 Speaker 1: the jurors agree with? On January ninth, Judge Gould instructed 517 00:32:57,200 --> 00:33:00,880 Speaker 1: the jury and dismissed them to deliberate. They were not 518 00:33:01,080 --> 00:33:04,920 Speaker 1: gone long, only half an hour after stepping out, the 519 00:33:05,000 --> 00:33:09,640 Speaker 1: jury returned with a verdict. Jiangsung had been so sure 520 00:33:09,760 --> 00:33:12,360 Speaker 1: that he would be acquitted that he had packed his 521 00:33:12,400 --> 00:33:15,840 Speaker 1: suit case before departing the jail that morning. He now 522 00:33:15,920 --> 00:33:19,800 Speaker 1: sat waiting for the jury's announcement. The court clerk rose 523 00:33:19,960 --> 00:33:22,960 Speaker 1: and spoke on account of first degree murder for the 524 00:33:23,040 --> 00:33:26,160 Speaker 1: killing of Hu Bin Chin. The jury had found the 525 00:33:26,200 --> 00:33:34,560 Speaker 1: defendant Khu Jiangsung guilty. Jiang Sung crumpled in his chair. 526 00:33:35,200 --> 00:33:39,000 Speaker 1: He began to sob. His attorneys and the bailiff led 527 00:33:39,080 --> 00:33:42,320 Speaker 1: him out of the courtroom. James o'sha told him that 528 00:33:42,360 --> 00:33:45,840 Speaker 1: they would petition for a new trial in May. Judge 529 00:33:45,880 --> 00:33:49,280 Speaker 1: Gould dismissed this petition, saying that the conviction would have 530 00:33:49,320 --> 00:33:53,360 Speaker 1: come even without the confession. Gould even praised the police 531 00:33:53,360 --> 00:33:58,600 Speaker 1: for their quote unusual detective skill. He set Joanngsung's sentencing 532 00:33:58,680 --> 00:34:02,560 Speaker 1: date for a week time there was no doubt what 533 00:34:02,640 --> 00:34:06,680 Speaker 1: the sentence would be. First degree murderers were automatically sentenced 534 00:34:06,720 --> 00:34:10,319 Speaker 1: to death in Washington at this time. On May fourteenth, 535 00:34:10,440 --> 00:34:14,920 Speaker 1: nineteen twenty, Judge Gould pronounced that Hu Jiangsung would be 536 00:34:15,000 --> 00:34:21,280 Speaker 1: hanged on December first. The prisoner collapsed once again. James 537 00:34:21,320 --> 00:34:25,760 Speaker 1: O'she reassured Jiangsung, telling him that they would appeal, and indeed, 538 00:34:25,800 --> 00:34:29,520 Speaker 1: they did appeal, though a number of scheduling difficulties, illnesses, 539 00:34:29,560 --> 00:34:32,520 Speaker 1: and deaths, including that of Judge Gould, who died on 540 00:34:32,640 --> 00:34:36,000 Speaker 1: May twentieth, nineteen twenty one, of a heart attack. It 541 00:34:36,040 --> 00:34:39,560 Speaker 1: would take more than three years for Jung Sung's appeal 542 00:34:39,640 --> 00:34:42,480 Speaker 1: to be heard by the DC Court of Appeals. In 543 00:34:42,520 --> 00:34:47,000 Speaker 1: the meantime, his execution had been stayed multiple times, almost 544 00:34:47,040 --> 00:34:50,360 Speaker 1: always at the last moment. The news out of the 545 00:34:50,400 --> 00:34:54,959 Speaker 1: appeals court was not good. On May seventh, nineteen twenty three, 546 00:34:55,239 --> 00:34:59,680 Speaker 1: Judge Josiah A. Van Orsdell ruled the confession was admissible, 547 00:35:00,120 --> 00:35:04,440 Speaker 1: that the verdict and sentence were correct. James O'Shea told 548 00:35:04,520 --> 00:35:09,080 Speaker 1: Jiangsung that they had one last legal resort, appealing to 549 00:35:09,160 --> 00:35:12,760 Speaker 1: the Supreme Court. It was a long shot, the court 550 00:35:12,840 --> 00:35:15,920 Speaker 1: only heard a small number of cases every year, but 551 00:35:16,040 --> 00:35:19,880 Speaker 1: O'she thought that the court might be interested in Jiangsung's story. 552 00:35:20,400 --> 00:35:23,160 Speaker 1: The debate over just how far police could go to 553 00:35:23,200 --> 00:35:27,000 Speaker 1: get confessions had intensified since the last time the court 554 00:35:27,040 --> 00:35:30,800 Speaker 1: had ruled on the admissibility of confessions in eighteen ninety seven. 555 00:35:31,239 --> 00:35:35,320 Speaker 1: The so called third degree the use by police of force, 556 00:35:35,440 --> 00:35:39,360 Speaker 1: coercion and threat was increasingly unpopular, but there was no 557 00:35:39,560 --> 00:35:43,279 Speaker 1: clear legal guidance on how to consider confessions obtained using 558 00:35:43,320 --> 00:35:46,680 Speaker 1: the third degree. O'she thought the court might want to 559 00:35:46,680 --> 00:35:49,080 Speaker 1: weigh in, but he didn't know if he was the 560 00:35:49,160 --> 00:35:51,719 Speaker 1: right lawyer for the job, though he was admitted to 561 00:35:51,760 --> 00:35:54,520 Speaker 1: the Supreme Court bar, and he didn't have much experience 562 00:35:54,680 --> 00:35:59,040 Speaker 1: arguing in the highest court. Fortunately for O'Shea and for Jiangsung, 563 00:35:59,480 --> 00:36:03,760 Speaker 1: Juangsun's case had attracted some high profile, well connected figures 564 00:36:04,080 --> 00:36:06,880 Speaker 1: who helped bring his story to the attention of several 565 00:36:06,920 --> 00:36:12,000 Speaker 1: prominent lawyers, including John W. Davis, a former congressman, ambassador, 566 00:36:12,080 --> 00:36:15,760 Speaker 1: and Solicitor General who had argued more than seventy cases 567 00:36:15,800 --> 00:36:18,960 Speaker 1: in front of the Supreme Court. Davis and O'shay were 568 00:36:19,040 --> 00:36:22,560 Speaker 1: joined on Jong Sung's appeal by William Cullen Dennis, a 569 00:36:22,560 --> 00:36:26,280 Speaker 1: former State Department lawyer, as well as O'sha's associates Charles 570 00:36:26,320 --> 00:36:30,400 Speaker 1: Fahey and Frederick McKenney. In July nineteen twenty three, the 571 00:36:30,480 --> 00:36:34,120 Speaker 1: team submitted their appeal to the court. Three months later, 572 00:36:34,400 --> 00:36:37,279 Speaker 1: to their delight, the Supreme Court agreed to hear their 573 00:36:37,360 --> 00:36:42,160 Speaker 1: case due to even more scheduling difficulties and misdeadlines. Oral 574 00:36:42,280 --> 00:36:45,920 Speaker 1: arguments did not commence for another six months. In April 575 00:36:46,239 --> 00:36:50,560 Speaker 1: nineteen twenty four, Frederick McKenney and William Dennis presented oral 576 00:36:50,640 --> 00:36:55,439 Speaker 1: arguments on Jong Sung's behalf, John Lasky's replacement. United States 577 00:36:55,480 --> 00:36:59,040 Speaker 1: attorney Peyton Gordon argued on behalf of the United States. 578 00:36:59,719 --> 00:37:03,960 Speaker 1: In his cell on the District Jail's gallows Lane, Jiangsung 579 00:37:04,080 --> 00:37:07,319 Speaker 1: could only wait and hope. The medical care he had 580 00:37:07,360 --> 00:37:10,640 Speaker 1: received while in jail had resolved his colliitis, and he 581 00:37:10,719 --> 00:37:13,680 Speaker 1: had grown healthier and plumper. He was known as a 582 00:37:13,719 --> 00:37:18,719 Speaker 1: model prisoner, but the stress of imminent death weighed on him. 583 00:37:18,880 --> 00:37:22,600 Speaker 1: On October thirteenth, nineteen twenty four, almost a year after 584 00:37:22,640 --> 00:37:25,359 Speaker 1: the Supreme Court first agreed to hear the case, the 585 00:37:25,360 --> 00:37:29,960 Speaker 1: Court published its opinion in Jiangsung Whu the United States. 586 00:37:30,719 --> 00:37:34,480 Speaker 1: The unanimous decision was authored by Justice Louis D. Brandeis. 587 00:37:35,040 --> 00:37:38,880 Speaker 1: Brandis walked through the facts of Jiangsung's case, explaining the 588 00:37:38,920 --> 00:37:41,719 Speaker 1: tactics the police had employed against him and Sung in 589 00:37:42,480 --> 00:37:45,640 Speaker 1: then he weighed in on the admissibility of the confession 590 00:37:46,239 --> 00:37:49,960 Speaker 1: the Court of Appeals, Brandeis wrote appears to have held 591 00:37:50,040 --> 00:37:53,680 Speaker 1: the prisoner's statements admissible on the ground that confession made 592 00:37:53,680 --> 00:37:57,120 Speaker 1: by one competent to act is to be deemed voluntary 593 00:37:57,239 --> 00:37:59,600 Speaker 1: as a matter of law if it was not in 594 00:37:59,680 --> 00:38:02,879 Speaker 1: due by a promise or a threat, and that here 595 00:38:03,239 --> 00:38:08,480 Speaker 1: these statements were not so induced. But Brandeis continued, the 596 00:38:08,600 --> 00:38:13,880 Speaker 1: requisite of voluntariness is not satisfied by establishing merely that 597 00:38:13,960 --> 00:38:17,440 Speaker 1: the confession was not induced by a promise or a threat. 598 00:38:18,120 --> 00:38:23,520 Speaker 1: Any type of compulsion Brandis concluded rendered a confession involuntary, 599 00:38:24,280 --> 00:38:28,279 Speaker 1: and in this case quote the undisputed facts showed that 600 00:38:28,360 --> 00:38:34,000 Speaker 1: compulsion was applied. Ultimately, Brandeis wrote, a confession is voluntary 601 00:38:34,080 --> 00:38:39,200 Speaker 1: in law if and only if it was in fact 602 00:38:39,719 --> 00:38:45,680 Speaker 1: voluntarily made. Brandeis's opinion was met with popular acclaim. The 603 00:38:45,760 --> 00:38:49,040 Speaker 1: court has plainly and bluntly decided that torture has no 604 00:38:49,200 --> 00:38:53,160 Speaker 1: place in American legal procedure, and that confession thus compelled 605 00:38:53,200 --> 00:38:56,760 Speaker 1: and extorted may not be admitted, wrote the Pittsburgh Press. 606 00:38:57,160 --> 00:38:59,400 Speaker 1: It is time the police realized that a man is 607 00:38:59,440 --> 00:39:03,520 Speaker 1: presumed innocent until proven guilty upon the New York world, 608 00:39:03,640 --> 00:39:06,680 Speaker 1: and that it is up to them, not the accused himself, 609 00:39:06,840 --> 00:39:10,200 Speaker 1: to do the proving said police, of course, were not 610 00:39:10,280 --> 00:39:14,640 Speaker 1: so pleased. The Washington Police denied that their officers had 611 00:39:14,680 --> 00:39:19,880 Speaker 1: done anything improper in their interrogation of Jangsung. Commissioner James 612 00:39:19,880 --> 00:39:23,360 Speaker 1: Oyster did agree to an investigation, but it wrapped in 613 00:39:23,400 --> 00:39:26,799 Speaker 1: only five days, and surprise surprise, found no evidence of 614 00:39:26,840 --> 00:39:31,440 Speaker 1: wrongdoing on the police's part. In the District jail, prisoners rejoiced, 615 00:39:31,560 --> 00:39:36,240 Speaker 1: and not just Jiangsung. Another inmate on Gallows Lane, Eddie Perrygo, 616 00:39:36,719 --> 00:39:39,880 Speaker 1: who had confessed after being kept awake for long stretches 617 00:39:39,920 --> 00:39:42,840 Speaker 1: of time, was granted a new trial. As a result 618 00:39:42,840 --> 00:39:46,239 Speaker 1: of the ruling, Jiangsung would also be granted a new 619 00:39:46,280 --> 00:39:51,160 Speaker 1: trial and another stay of execution his thirteenth Many people 620 00:39:51,200 --> 00:39:53,920 Speaker 1: wondered whether the government would even pursue a new trial, 621 00:39:54,440 --> 00:39:57,239 Speaker 1: but in November, the Department of Justice decided to move 622 00:39:57,280 --> 00:40:01,080 Speaker 1: forward with re prosecuting Jangsung, and if they secured a 623 00:40:01,080 --> 00:40:03,840 Speaker 1: conviction in his case, with the prosecution of his brother 624 00:40:04,040 --> 00:40:06,360 Speaker 1: Sung In, who had been out on bail for the 625 00:40:06,360 --> 00:40:11,239 Speaker 1: past five years. However, as with everything in Jiangsung's case, 626 00:40:11,440 --> 00:40:15,120 Speaker 1: the new trial moved slowly. In the intervening years, many 627 00:40:15,160 --> 00:40:18,439 Speaker 1: of the original witnesses had died or moved. Some of them, 628 00:40:18,600 --> 00:40:22,440 Speaker 1: like key prosecution witness doctor Lee Gong, had returned to China. 629 00:40:22,960 --> 00:40:25,440 Speaker 1: Locating these witnesses and bringing them back to d C 630 00:40:25,640 --> 00:40:30,000 Speaker 1: would take time. Finally, after more than a year of preparations, 631 00:40:30,360 --> 00:40:34,480 Speaker 1: Jiangsung's second trial was scheduled for January nineteen twenty six. 632 00:40:35,239 --> 00:40:38,480 Speaker 1: Jog Sung was entering this case with a new legal team. 633 00:40:38,840 --> 00:40:42,200 Speaker 1: For unknown reasons, he had soured on James O'Shea, who 634 00:40:42,280 --> 00:40:45,880 Speaker 1: had fought so ferociously for his cause, and fired O'Shea 635 00:40:46,120 --> 00:40:49,719 Speaker 1: in late nineteen twenty four. O'Shea had been replaced by 636 00:40:49,719 --> 00:40:53,560 Speaker 1: Wilton Lambert, a prominent Washington lawyer who had been convinced 637 00:40:53,560 --> 00:40:56,120 Speaker 1: to take the case by an anti death penalty advocate. 638 00:40:56,719 --> 00:41:00,919 Speaker 1: Lambert in return recruited a Owsley Stanley, a former US 639 00:41:01,000 --> 00:41:04,439 Speaker 1: Senator from Kentucky and a brilliant public speaker. They would 640 00:41:04,440 --> 00:41:07,719 Speaker 1: be joined by Lambert's law partner Rudolph Yateman and his 641 00:41:07,840 --> 00:41:11,879 Speaker 1: son Arthur Lambert, as well as one member of Jongsung's 642 00:41:11,880 --> 00:41:17,080 Speaker 1: original legal team, Charles Fahey. On January eleventh, nineteen twenty six, 643 00:41:17,560 --> 00:41:20,480 Speaker 1: six years and two days after the initial verdict in 644 00:41:20,600 --> 00:41:24,280 Speaker 1: Jongsung's case, court was called to order in the courtroom 645 00:41:24,360 --> 00:41:29,000 Speaker 1: of Washington Supreme Court Judge Wendell P. Stafford. In addition 646 00:41:29,040 --> 00:41:31,560 Speaker 1: to new defense lawyers and a new judge, there were 647 00:41:31,600 --> 00:41:36,320 Speaker 1: new prosecutors United States Attorney Peyton Gordon and Assistant United 648 00:41:36,320 --> 00:41:41,480 Speaker 1: States Attorney George D. Horning Junior. There were also noticeable absences. 649 00:41:41,920 --> 00:41:45,359 Speaker 1: Both police Chief Pullman and Inspector Grant, who had been 650 00:41:45,480 --> 00:41:50,040 Speaker 1: so involved in the interrogation of Jangsung, had died. But 651 00:41:50,200 --> 00:41:53,840 Speaker 1: for all these changes, much remained the same between Jongsung's 652 00:41:53,840 --> 00:41:57,080 Speaker 1: first and second trials. For that reason, I'm not going 653 00:41:57,120 --> 00:41:58,840 Speaker 1: to give you a play by play. You can just 654 00:41:58,880 --> 00:42:01,040 Speaker 1: go back and listen to the trial section again if 655 00:42:01,040 --> 00:42:05,000 Speaker 1: you're really bored. The only substantive change, of course, was 656 00:42:05,000 --> 00:42:09,000 Speaker 1: the fact that his confession was no longer admissible. Would 657 00:42:09,040 --> 00:42:12,920 Speaker 1: this difference be enough to save Jangsung? Or, as Judge 658 00:42:12,920 --> 00:42:17,120 Speaker 1: Gould had appined years before, was his conviction inevitable even 659 00:42:17,200 --> 00:42:22,240 Speaker 1: without the confession. On February eighth, the jury began its deliberations. 660 00:42:22,360 --> 00:42:25,640 Speaker 1: Unlike Jangsung's first jury, which had returned in less than 661 00:42:25,680 --> 00:42:30,799 Speaker 1: thirty minutes, these deliberations dragged on more than twenty four hours. Later, 662 00:42:30,920 --> 00:42:34,359 Speaker 1: the jury told Judge Stafford that they were hopelessly deadlocked. 663 00:42:34,760 --> 00:42:39,040 Speaker 1: Stafford discharged them. It was later revealed that this jury 664 00:42:39,080 --> 00:42:43,799 Speaker 1: had voted ten to two for acquittal once again. Jiangsung 665 00:42:43,920 --> 00:42:46,960 Speaker 1: had believed that freedom was imminent and had packed his 666 00:42:47,000 --> 00:42:50,560 Speaker 1: suitcase in anticipation of release, but he took the bad 667 00:42:50,640 --> 00:42:53,920 Speaker 1: news calmly, telling reporters that he just hoped for a 668 00:42:53,960 --> 00:42:58,160 Speaker 1: speedy retrial. The retrial took place two months later, beginning 669 00:42:58,160 --> 00:43:02,320 Speaker 1: on April twelfth, nineteen twenty sive. All the players stayed 670 00:43:02,320 --> 00:43:05,000 Speaker 1: the same, except for Judge Stafford, who was replaced by 671 00:43:05,080 --> 00:43:09,080 Speaker 1: Judge adolph A. Holing Junior. Once more. Feel free to 672 00:43:09,120 --> 00:43:11,520 Speaker 1: listen to the trial section again if you'd like to 673 00:43:11,560 --> 00:43:15,319 Speaker 1: experience this third trial in all its glory and or 674 00:43:15,480 --> 00:43:20,040 Speaker 1: don't value your own time. On May twelfth, Jangsung's third 675 00:43:20,200 --> 00:43:24,080 Speaker 1: jury was dismissed to deliberate again. They took their time, 676 00:43:24,440 --> 00:43:27,520 Speaker 1: but by ten pm on May thirteenth, the four men 677 00:43:27,560 --> 00:43:31,880 Speaker 1: reported to Judge Holing somewhat melodramatically that they were quote 678 00:43:32,120 --> 00:43:38,480 Speaker 1: utterly and everlastingly in disagreement. Holing dismissed them. They had 679 00:43:38,560 --> 00:43:43,240 Speaker 1: voted nine to three in favor of acquittal. Immediately after, 680 00:43:43,360 --> 00:43:47,400 Speaker 1: Judge Holding dismissed the jury. Wilton Lambert asked for bail 681 00:43:47,520 --> 00:43:51,040 Speaker 1: for Jangsung. It would be in human to incarcerate this 682 00:43:51,120 --> 00:43:54,040 Speaker 1: man any longer, he argued. He has been in jail 683 00:43:54,080 --> 00:43:57,560 Speaker 1: for seven and a half years. Twenty four men have 684 00:43:57,680 --> 00:44:01,000 Speaker 1: considered his case. Holding did not make a ruling on 685 00:44:01,080 --> 00:44:05,160 Speaker 1: this or on Lambert's formal motion for bail submitted the 686 00:44:05,200 --> 00:44:10,400 Speaker 1: next week, Jiangsung stayed in jail. On May twenty seventh, 687 00:44:10,640 --> 00:44:14,480 Speaker 1: Lambert submitted a motion to dismiss the charges. He included 688 00:44:14,520 --> 00:44:19,000 Speaker 1: affidavits from the nineteen jurors across Jongsoon's three trials who 689 00:44:19,040 --> 00:44:22,960 Speaker 1: had voted for acquittal. US Attorney Peyton Gordon told Lambert 690 00:44:22,960 --> 00:44:25,200 Speaker 1: that he would decide in the next few weeks whether 691 00:44:25,239 --> 00:44:28,239 Speaker 1: they would be moving forward with a fourth trial, which 692 00:44:28,239 --> 00:44:30,880 Speaker 1: could not take place until the court's October term. In 693 00:44:30,920 --> 00:44:35,319 Speaker 1: any case, Attorney General John G. Sargent decided to weigh 694 00:44:35,360 --> 00:44:39,520 Speaker 1: in in his opinion, Jiangsung would never be convicted without 695 00:44:39,520 --> 00:44:43,720 Speaker 1: the confession. Another trial would be a waste of taxpayer money. 696 00:44:44,080 --> 00:44:47,040 Speaker 1: The three trials had already cost the government and estimated 697 00:44:47,080 --> 00:44:50,560 Speaker 1: one hundred and fifty thousand dollars or two point six 698 00:44:50,600 --> 00:44:56,359 Speaker 1: million dollars today. US Attorney Gordon reluctantly agreed. At ten 699 00:44:56,440 --> 00:45:00,000 Speaker 1: oh five a m. On June sixteenth, nineteen twenty, Seve 700 00:45:00,920 --> 00:45:06,160 Speaker 1: Gordon formally requested that Judge Holing dismiss all charges against 701 00:45:06,239 --> 00:45:10,440 Speaker 1: Jiangsung and his brother song In. Standing in the same 702 00:45:10,520 --> 00:45:14,400 Speaker 1: spot at the same table, in the same courtroom in 703 00:45:14,440 --> 00:45:17,360 Speaker 1: which he had been sentenced to death six years earlier, 704 00:45:18,040 --> 00:45:24,279 Speaker 1: Jiangsung took it all in. He was free. Song In 705 00:45:24,719 --> 00:45:28,800 Speaker 1: two was free. To avoid the notoriety associated with the trial, 706 00:45:28,960 --> 00:45:32,240 Speaker 1: he began going by the first name Thomas. He appears 707 00:45:32,280 --> 00:45:34,080 Speaker 1: to have stayed in the United States for the rest 708 00:45:34,120 --> 00:45:37,880 Speaker 1: of his life, and in nineteen fifty helped found the 709 00:45:38,000 --> 00:45:43,000 Speaker 1: Chinese League of America, a nonprofit that helped quote foster 710 00:45:43,120 --> 00:45:47,440 Speaker 1: the fundamentals and ideals of American citizenship and the Constitution 711 00:45:47,640 --> 00:45:51,439 Speaker 1: of the United States amongst Chinese immigrants in New York. 712 00:45:52,280 --> 00:45:56,760 Speaker 1: Jiangsung was understandably more skeptical about the ideals of American 713 00:45:56,800 --> 00:46:00,600 Speaker 1: citizenship given his ordeal. He stayed in the UK for 714 00:46:00,680 --> 00:46:05,360 Speaker 1: several more years before returning permanently to Shanghai. He married 715 00:46:05,400 --> 00:46:08,920 Speaker 1: and had three daughters and lived a comfortable life, but 716 00:46:09,040 --> 00:46:12,560 Speaker 1: seven years after his return in nineteen thirty seven, the 717 00:46:12,640 --> 00:46:17,160 Speaker 1: Japanese occupied Shanghai and took his home and land. During 718 00:46:17,200 --> 00:46:21,160 Speaker 1: World War II, his nearly penniless family often went hungry. 719 00:46:21,840 --> 00:46:24,879 Speaker 1: After the war, Jiangsung managed to get a short lived 720 00:46:25,000 --> 00:46:28,600 Speaker 1: job with the Foreign Relations Office, But then in nineteen 721 00:46:28,719 --> 00:46:32,840 Speaker 1: forty nine, the Chinese Communist Party defeated the Nationalist government 722 00:46:32,880 --> 00:46:35,719 Speaker 1: in the Chinese Civil War and declared the birth of 723 00:46:35,760 --> 00:46:38,560 Speaker 1: the People's Republic of China. As a member of an 724 00:46:38,600 --> 00:46:42,279 Speaker 1: elite family, a former government employee, and a one time 725 00:46:42,320 --> 00:46:46,720 Speaker 1: American resident, Jiangsung was viewed with suspicion by the new government. 726 00:46:47,400 --> 00:46:50,160 Speaker 1: He was declared an enemy of the state and sent 727 00:46:50,200 --> 00:46:53,160 Speaker 1: to a labor camp. He would remain there for nearly 728 00:46:53,239 --> 00:46:57,200 Speaker 1: fifteen years. In nineteen sixty four, he was transferred to 729 00:46:57,239 --> 00:47:00,240 Speaker 1: a prison in Shanghai, where he lived until his death 730 00:47:00,280 --> 00:47:04,640 Speaker 1: in June nineteen sixty eight, age seventy two. For this 731 00:47:04,760 --> 00:47:08,480 Speaker 1: final prison sentence, in a dark twist of fate, the 732 00:47:08,560 --> 00:47:13,240 Speaker 1: man who had undergone three trials in the United States 733 00:47:13,280 --> 00:47:18,560 Speaker 1: received no trial at all. That's the story of Jiangsung, 734 00:47:18,680 --> 00:47:22,879 Speaker 1: who the United States after the break. A brief exploration 735 00:47:23,000 --> 00:47:25,640 Speaker 1: of the mystery at the heart of the case, and 736 00:47:25,880 --> 00:47:33,480 Speaker 1: a discussion of the case's meaningful legal legacy. Who murdered 737 00:47:33,520 --> 00:47:38,600 Speaker 1: doctor Theodore Wang, Sia Chen Si and Hu Beinjing. We 738 00:47:38,640 --> 00:47:42,640 Speaker 1: will likely never know the truth, but historian Scott Seligman, 739 00:47:42,880 --> 00:47:46,280 Speaker 1: in his excellent book on the case, titled The Third Degree, 740 00:47:46,600 --> 00:47:51,840 Speaker 1: presents a compelling case for a surprising suspect, none other 741 00:47:51,880 --> 00:47:57,200 Speaker 1: than Jiang Sung. Seligman argues that despite the extremely suspect 742 00:47:57,280 --> 00:48:02,400 Speaker 1: circumstances of Jiangsung's confession, the details within that confession closely 743 00:48:02,440 --> 00:48:06,120 Speaker 1: aligned with the facts of the case. The available evidence, 744 00:48:06,400 --> 00:48:10,840 Speaker 1: Seligman writes, points convincingly to a scenario in which Jiangsun 745 00:48:11,080 --> 00:48:14,279 Speaker 1: and Hu bin Shin conspired to steal money from the 746 00:48:14,360 --> 00:48:18,200 Speaker 1: Chinese Educational Mission, in which their plans were foiled, in 747 00:48:18,280 --> 00:48:21,200 Speaker 1: which Hu used his own revolver to shoot both of 748 00:48:21,239 --> 00:48:25,360 Speaker 1: his colleagues to death, and in which Changshun subsequently murdered 749 00:48:25,400 --> 00:48:28,600 Speaker 1: who the same gun. Neither of the men could have 750 00:48:28,640 --> 00:48:31,839 Speaker 1: committed the crime alone. Wu did not speak good enough 751 00:48:31,880 --> 00:48:34,160 Speaker 1: English to forge the check or try to pass it 752 00:48:34,200 --> 00:48:37,160 Speaker 1: in the bank. Jiangsung did not know where the mission 753 00:48:37,239 --> 00:48:40,760 Speaker 1: kept its checkbook or where they bank. Wu had the gun. 754 00:48:41,200 --> 00:48:44,560 Speaker 1: Perhaps he really did shoot Huang and Shi'a and then 755 00:48:44,719 --> 00:48:48,719 Speaker 1: was killed by a horrified Jiangsung, or of course it 756 00:48:48,760 --> 00:48:52,640 Speaker 1: could be someone else entirely. Again, we likely can't know 757 00:48:52,719 --> 00:48:55,799 Speaker 1: the truth at this late date. But if it was Jiangsung, 758 00:48:56,280 --> 00:48:59,720 Speaker 1: if he was indeed guilty, should this change our feelings 759 00:48:59,760 --> 00:49:03,680 Speaker 1: about this case? Scott Seligman argues that it shouldn't, and 760 00:49:04,200 --> 00:49:08,520 Speaker 1: I agree. The importance of this case, Seligman writes, does 761 00:49:08,560 --> 00:49:12,480 Speaker 1: not hinge on the defendant's guilt or innocence. A system 762 00:49:12,520 --> 00:49:16,600 Speaker 1: that presumes innocence until guilt is proven must, of necessity 763 00:49:16,640 --> 00:49:20,799 Speaker 1: provide protections against false conviction, even at the price of 764 00:49:20,840 --> 00:49:24,600 Speaker 1: the occasional failure to convict the guilty. This concept is 765 00:49:24,640 --> 00:49:26,960 Speaker 1: one that has been baked into our legal system from 766 00:49:27,000 --> 00:49:30,480 Speaker 1: its earliest days. In the very first episode of History 767 00:49:30,520 --> 00:49:34,440 Speaker 1: on Trial, the eighteen hundred trial of Levi Weeks, defense 768 00:49:34,520 --> 00:49:39,120 Speaker 1: lawyer Aaron Burr quoted jurist Matthew Hale saying, quote, it 769 00:49:39,200 --> 00:49:43,239 Speaker 1: is better that five guilty persons should escape unpunished than 770 00:49:43,360 --> 00:49:48,360 Speaker 1: one innocent man should die. The importance of Jong Sung's 771 00:49:48,360 --> 00:49:50,960 Speaker 1: case is the groundwork it laid to help protect against 772 00:49:51,000 --> 00:49:56,120 Speaker 1: wrongful convictions. Brandeis's Supreme Court opinion put in place further 773 00:49:56,239 --> 00:50:01,000 Speaker 1: safeguards for suspect undergoing interrogations and reduce the likelihood of 774 00:50:01,080 --> 00:50:06,120 Speaker 1: false confessions dooming defendants. And these safeguards would be strengthened 775 00:50:06,120 --> 00:50:09,839 Speaker 1: by further Supreme Court rulings. The most famous of these 776 00:50:09,920 --> 00:50:14,200 Speaker 1: rulings came more than forty years after Jongsen's final trial 777 00:50:14,760 --> 00:50:18,520 Speaker 1: and two years before his death, the nineteen sixty six 778 00:50:18,640 --> 00:50:23,480 Speaker 1: Supreme Court case Miranda v. Arizona. The defendant in that case, 779 00:50:23,719 --> 00:50:27,640 Speaker 1: Ernesto Miranda, had been convicted for a kidnapping and rape, 780 00:50:27,800 --> 00:50:30,800 Speaker 1: based in part on a confession he had given without 781 00:50:30,840 --> 00:50:35,240 Speaker 1: having been advised of his legal rights. Chief Justice Earl Warren, 782 00:50:35,480 --> 00:50:40,080 Speaker 1: in his Miranda opinion, cited Brandeis's conclusions from the Jangsun 783 00:50:40,200 --> 00:50:44,279 Speaker 1: case on how any confession obtained by compulsion must be 784 00:50:44,440 --> 00:50:50,120 Speaker 1: excluded and continued quote in less adequate protective devices are 785 00:50:50,160 --> 00:50:54,799 Speaker 1: employed to dispel the compulsion inherent in custodial surroundings, no 786 00:50:54,920 --> 00:50:58,360 Speaker 1: statement obtained from the defendant can truly be the product 787 00:50:58,400 --> 00:51:03,080 Speaker 1: of free choice or enlisted those protective devices a series 788 00:51:03,160 --> 00:51:06,120 Speaker 1: of rights which would soon be administered by law enforcement 789 00:51:06,160 --> 00:51:09,759 Speaker 1: officers all across America in the form of the now 790 00:51:09,840 --> 00:51:13,600 Speaker 1: familiar miranda warning you have the right to remain silent. 791 00:51:14,200 --> 00:51:16,759 Speaker 1: Anything you say can and will be used against you 792 00:51:16,840 --> 00:51:18,880 Speaker 1: in a court of law. You have the right to 793 00:51:18,920 --> 00:51:21,719 Speaker 1: an attorney. If you cannot afford an attorney, one will 794 00:51:21,760 --> 00:51:24,560 Speaker 1: be provided for you. Do you understand the rights I 795 00:51:24,560 --> 00:51:27,080 Speaker 1: have just read to you? With these rights in mind, 796 00:51:27,280 --> 00:51:30,400 Speaker 1: do you wish to speak to me? The Miranda warning 797 00:51:30,480 --> 00:51:33,239 Speaker 1: and other safeguards put in place over the past one 798 00:51:33,320 --> 00:51:38,359 Speaker 1: hundred years have not provided complete protection against coerce confessions. 799 00:51:39,040 --> 00:51:43,440 Speaker 1: The Innocence Project reports that in quote, approximately twenty five 800 00:51:43,560 --> 00:51:48,440 Speaker 1: percent of wrongful convictions overturned with DNA evidence, defendants made 801 00:51:48,440 --> 00:51:53,759 Speaker 1: false confessions, admissions, or statements to law enforcement officials only 802 00:51:53,840 --> 00:51:57,280 Speaker 1: earlier this year. In May twenty twenty four, the city 803 00:51:57,320 --> 00:52:01,520 Speaker 1: of Fontana, California, had to pay a man, Thomas Perez Junior, 804 00:52:01,880 --> 00:52:06,080 Speaker 1: nine hundred thousand dollars after they coerced a confession from Perez. 805 00:52:06,840 --> 00:52:10,759 Speaker 1: In twenty eighteen, after Perez reported his father missing, Fontana 806 00:52:10,800 --> 00:52:14,600 Speaker 1: detectives used extreme tactics to try to get Perez to 807 00:52:14,680 --> 00:52:19,000 Speaker 1: confess to murdering his father. They denied Perez his anxiety 808 00:52:19,040 --> 00:52:24,000 Speaker 1: and blood pressure medications, interrogated him for seventeen hours, and 809 00:52:24,080 --> 00:52:29,560 Speaker 1: told Perez that his dog would be euthanized. Eventually, Perez confessed, 810 00:52:30,400 --> 00:52:33,319 Speaker 1: and then it turned out that Perez's father was not 811 00:52:33,520 --> 00:52:38,400 Speaker 1: even dead. So yes, the problem of forced confessions is 812 00:52:38,400 --> 00:52:42,279 Speaker 1: a pervasive one, but thanks to dedicated lawyers more than 813 00:52:42,320 --> 00:52:47,040 Speaker 1: a century ago, suspects today have more protection than Hu 814 00:52:47,239 --> 00:52:51,400 Speaker 1: Jiang Sung did. Thank you for listening to History on Trial. 815 00:52:51,840 --> 00:52:54,880 Speaker 1: If you've enjoyed the show, please consider leaving a rating 816 00:52:55,000 --> 00:52:58,000 Speaker 1: or review. They can help new listeners find the podcast. 817 00:52:58,600 --> 00:53:01,560 Speaker 1: My main source for this episode was Scott D. Seligman's 818 00:53:01,560 --> 00:53:05,240 Speaker 1: book The Third Degree, The Triple Murder that Shook Washington 819 00:53:05,320 --> 00:53:09,640 Speaker 1: and changed American criminal justice. Special thanks to Christina Chen 820 00:53:09,760 --> 00:53:13,880 Speaker 1: for her guidance on Shanghaiani's pronunciation. For complete bibliography, as 821 00:53:13,960 --> 00:53:17,000 Speaker 1: well as a transcript of this episode with citations, please 822 00:53:17,080 --> 00:53:23,360 Speaker 1: visit our website History on Trial podcast dot com. History 823 00:53:23,360 --> 00:53:26,840 Speaker 1: on Trial is written and hosted by me Mira Hayward. 824 00:53:27,440 --> 00:53:30,520 Speaker 1: The show is edited and produced by Jesse Funk, with 825 00:53:30,640 --> 00:53:36,319 Speaker 1: supervising producer Trevor Young and executive producers Dana Schwartz, Alexander Williams, 826 00:53:36,640 --> 00:53:40,320 Speaker 1: Matt Frederick, and Mira Hayward. Learn more about the show 827 00:53:40,400 --> 00:53:44,359 Speaker 1: at History on Trial podcast dot com. And follow us 828 00:53:44,400 --> 00:53:48,680 Speaker 1: on Instagram at History on Trial and on Twitter at 829 00:53:48,920 --> 00:53:54,120 Speaker 1: Underscore History on Trial. 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