WEBVTT - The Questionable Confession

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<v Speaker 1>You are listening to History on Trial, a production of

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<v Speaker 1>iHeart Podcasts. Listener discretion advised before we begin today's episode.

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<v Speaker 1>A note on names. Today's episode focuses on a group

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<v Speaker 1>of Chinese men, all of whom came to the United

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<v Speaker 1>States from Shanghai. I will be using the shanghaiese order

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<v Speaker 1>for most names, with the surnames coming first, but the

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<v Speaker 1>trial's case name uses English naming conventions, with the surname

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<v Speaker 1>of the defendant following the first name. I've worked with

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<v Speaker 1>the Shanghaiani speaker to get the pronunciations of names correct,

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<v Speaker 1>but I apologize in advance for any errors in pronunciation,

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<v Speaker 1>which are mine alone. With that, let's get started. Doctor

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<v Speaker 1>Lee Gang was getting very worried about the occupants of

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<v Speaker 1>twenty twenty three Calorama Road, a ten room row house

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<v Speaker 1>in Washington, d c. Twenty twenty three was home to

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<v Speaker 1>the Chinese at dad occasional mission. Three men, doctor Theodore Wang, Shia,

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<v Speaker 1>Cheng Shi, and U Bin Shin staffed the mission. Doctor

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<v Speaker 1>Lee was used to seeing the three of them coming

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<v Speaker 1>in and out of the mission, but he hadn't seen

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<v Speaker 1>any of them in three days, and neither had anyone else.

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<v Speaker 1>It was now Friday, January thirty first, nineteen nineteen, and

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<v Speaker 1>Lee was growing increasingly worried. He lived across the street

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<v Speaker 1>from the mission, and over the past three days he

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<v Speaker 1>had seen mail pile up on the stone steps of

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<v Speaker 1>the house. Not just mail, but milk bottles and newspapers

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<v Speaker 1>and laundry too. Why was no one picking up the

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<v Speaker 1>mission's deliveries. Lee knew Wang and Shiah well, and he

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<v Speaker 1>was sure they would have told him if they were

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<v Speaker 1>leaving town by Friday evening. Lee couldn't contain his anxiety.

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<v Speaker 1>He walked across the street and rang the bell. No

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<v Speaker 1>one answered. He looked into the windows of the first

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<v Speaker 1>floor living room, but could not see inside. Then he

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<v Speaker 1>noticed that one of the windows was open, just a crack.

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<v Speaker 1>Lee considered his options. Breaking in seemed extreme, but something

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<v Speaker 1>was not right here. He pushed up the bottom pane

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<v Speaker 1>and wriggled inside. It was pitch black in the mission.

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<v Speaker 1>Groping in the darkness, Lee made his way into the

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<v Speaker 1>front hall, heart pounding, Lee flipped the wall switch and

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<v Speaker 1>the hall flooded with light. Suddenly Lee could see everything,

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<v Speaker 1>the dark wood paneling, the patterned rug, and lying atop

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<v Speaker 1>the rug, a man's body, Lee ran to get help.

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<v Speaker 1>Soon the mission was swarming with officers, and what they

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<v Speaker 1>found inside was horrifying. The body in the front hall

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<v Speaker 1>belonged to forty three year old doctor Theodor Wang Wang,

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<v Speaker 1>had been beaten about the head and shot twice. Furniture

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<v Speaker 1>strewn about the first floor pointed towards a struggle. A

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<v Speaker 1>blood trail led the officers from the front hall into

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<v Speaker 1>the basement. In the small basement kitchen, police found a

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<v Speaker 1>bloody handkerchief and a revolver, which doctor Lee identified as

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<v Speaker 1>belonging to Wu bin Chin, the mission's twenty two year

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<v Speaker 1>old secretary. In the nearby furnace room, police found Wu dead.

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<v Speaker 1>He had been shot once in the head and once

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<v Speaker 1>in the heart. Wu lay with his head touching the

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<v Speaker 1>head of thirty two year old Sia Changxi, the mission's treasurer.

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<v Speaker 1>Tia too had been shot in the head. It was

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<v Speaker 1>a horrific and baffling crime. Who would have wanted to

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<v Speaker 1>kill these men? Their work was not controversial. They helped

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<v Speaker 1>supervise and support Chinese students studying in the United States.

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<v Speaker 1>They were well regarded members of their community. The police

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<v Speaker 1>wanted to solve this case quickly. Fortunately, doctor Lee was

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<v Speaker 1>able to provide them with a lead. Two days earlier,

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<v Speaker 1>on Wednesday, January twenty ninth, Lee had visited the mission.

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<v Speaker 1>When he knocked, no one answered. He tried again. Finally

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<v Speaker 1>a man opened the door, but only a crack. He

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<v Speaker 1>did not invite Lie in. This man was twenty three

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<v Speaker 1>year old Who Jiangsung. Jiangsung, who knew both Wang and

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<v Speaker 1>Who had been staying at the mission earlier in the week.

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<v Speaker 1>But Lee thought Jiang Sung had returned to New York

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<v Speaker 1>where he lived on Monday. What was he still doing

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<v Speaker 1>at the mission on Wednesday? Jiangsung told Lie that no

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<v Speaker 1>one else was in. Lee shrugged and decided to come

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<v Speaker 1>back later. Once Lie told the police about this encounter,

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<v Speaker 1>the police became curious about Jiangsung. Detectives were dispatched to

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<v Speaker 1>New York to question him, and when police learned that

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<v Speaker 1>a Chinese man had tried to pass a forged check

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<v Speaker 1>purported to be from the mission the morning after the murder,

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<v Speaker 1>they thought they knew what had happened. Jiangsung was struggling financially,

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<v Speaker 1>he must have tried to steal money from the mission.

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<v Speaker 1>When his actions were discovered, he had killed the mission

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<v Speaker 1>staff to cover up the crime. The police brought Jiangsung

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<v Speaker 1>back to Washington, d C. And questioned him. Eventually, he confessed.

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<v Speaker 1>It seemed like an open and shutcase, but at Jiangsung's trial,

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<v Speaker 1>his defense would claim that the police had coerced his confession.

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<v Speaker 1>They alleged that the police had employed questionable tactics, denying

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<v Speaker 1>Jiangsung food and sleep, among other things, to get him

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<v Speaker 1>to break This wasn't the first high profile case with

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<v Speaker 1>a coerced confession. For years, the public had been concerned

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<v Speaker 1>about the lengths the police would go to secure a conviction.

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<v Speaker 1>At Jiangsung's trial, the question of what made an acceptable

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<v Speaker 1>confession would come under scrutiny and change the nature of

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<v Speaker 1>police work and the rights of suspects forever. Welcome to

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<v Speaker 1>History on Trial. I'm your host, Mira Hayward. This week

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<v Speaker 1>Jiangsung who VI United States. In nineteen oh nine, the

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<v Speaker 1>Boxer Indemnity Scholarship Program funded its first group of students.

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<v Speaker 1>The program, created via a complicated financial negotiation between the

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<v Speaker 1>Chinese and US governments in the wake of the Boxer Rebellion,

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<v Speaker 1>sponsored Chinese students to study in America. More than twelve

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<v Speaker 1>hundred Chinese students would take part in the program over

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<v Speaker 1>its twenty six year existence. In nineteen eleven, the Chinese

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<v Speaker 1>Educational Mission was founded to help administer the scholarship and

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<v Speaker 1>to support and supervise the program students. Doctor Theodor Wang

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<v Speaker 1>was selected as the mission's first director. He was a

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<v Speaker 1>natural choice. A member of a prominent Shanghai family, Wang

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<v Speaker 1>had himself studied in America, graduating from the University of

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<v Speaker 1>Virginia in eighteen ninety six. Xia Chang Shi soon came

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<v Speaker 1>on as the organization's treasurer. Thirteen years younger than Wang,

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<v Speaker 1>Shiah had experience with both the Chinese Foreign Ministry and

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<v Speaker 1>with Universe City administration. Shia and Wang moved to Washington,

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<v Speaker 1>d C. In nineteen eleven to set up the mission operations.

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<v Speaker 1>Four years later, Wang returned to China to reunite with

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<v Speaker 1>his family. He had had to leave his wife, Julia

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<v Speaker 1>and their seven children in Shanghai when he moved to

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<v Speaker 1>the United States, and couldn't wait to see them again.

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<v Speaker 1>He spent a year in China, but soon duty called

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<v Speaker 1>and he returned to America in nineteen sixteen. Wang didn't

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<v Speaker 1>travel alone. Accompanying Wang on the voyage was U Bin Shing,

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<v Speaker 1>a seventeen year old scholarship student, Wu, who spoke little English,

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<v Speaker 1>came from a powerful family with government connections. While studying

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<v Speaker 1>at George Washington University, Wu would also be serving as

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<v Speaker 1>the mission's secretary. On the journey across the Pacific, Wu

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<v Speaker 1>shared a state room with twenty year old Hu Jiangsung.

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<v Speaker 1>Wang had known Jiangsung since he was a child. Both

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<v Speaker 1>families were part of the same episcopal church. Jiangsung, like Wu,

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<v Speaker 1>would be studying in the United States. He was not

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<v Speaker 1>a scholarship recipient. His wealthy mother was funding his education

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<v Speaker 1>as part of a final attempt to get Jiang Sung

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<v Speaker 1>to straighten his life out. Jiangsung's father had died young,

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<v Speaker 1>leaving his mother with a large fortune and four children

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<v Speaker 1>who she struggled to discipline. Jiangsung had grown up privileged, spoiled,

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<v Speaker 1>and aimless. Hoping that a change of scenery would inspire

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<v Speaker 1>Jiangsung to get his act together, his mother suggested that

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<v Speaker 1>he go study in America. She asked her friend Theodor

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<v Speaker 1>Wang to keep an eye on her son. Upon arrival

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<v Speaker 1>in the US in the spring of nineteen sixteen, Wang

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<v Speaker 1>and U headed to Washington, d c. Jiangsung did not

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<v Speaker 1>join them. He was going to Ohio to attend Ohio

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<v Speaker 1>Northern University. His younger brother, Sang Ying, was also studying

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<v Speaker 1>in Ohio. Within a year, Jiangsung had completed his Bachelor

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<v Speaker 1>of Arts degree, thanks in part to transfer credits from

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<v Speaker 1>his school in Shanghai. In search of more excitement, he

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<v Speaker 1>went east, landing in New York City. Sang In soon

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<v Speaker 1>joined him. The brothers rented a furnished room in Morningside

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<v Speaker 1>Heights and set about enjoying city life. Jungsung does not

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<v Speaker 1>seem to have picked up more responsible habits during his

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<v Speaker 1>year in college. He soon ran through the money his

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<v Speaker 1>mother sent him. He tried to run a movie theater,

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<v Speaker 1>it quickly failed, and then took a job as a valet,

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<v Speaker 1>but that job didn't last long either. At some point

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<v Speaker 1>in nineteen eighteen, Jung Sung contracted the Spanish flu. Between

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<v Speaker 1>nineteen eighteen and nineteen nineteen, the flu killed millions of

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<v Speaker 1>people around the world. Jung Sung did not die, but

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<v Speaker 1>he was profoundly ill, and the after effects of the

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<v Speaker 1>flu with linger for months, leaving him weak and sickly.

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<v Speaker 1>By January nineteen nineteen, Jang Sung was in a very

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<v Speaker 1>dark place. He had only forty one dollars in his

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<v Speaker 1>checking account and no job to replenish the coffers with.

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<v Speaker 1>He was sick and frequently confined to bed. Stressed, he

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<v Speaker 1>drank heavily and argued with his brother. Jiangsung needed a change.

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<v Speaker 1>Inspiration arrived in the form of a telegram Hubinchin, his

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<v Speaker 1>shipmate on the voyage over, and the Chinese Education Mission

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<v Speaker 1>secretary invited him to visit d C, who also sent

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<v Speaker 1>him fifty dollars in late January. Jiangsung decided to take

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<v Speaker 1>U up on his offer. On January twenty second, he

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<v Speaker 1>took a train to Washington. By that evening he was

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<v Speaker 1>the Chinese Educational Mission's house in Caalorama, where the mission

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<v Speaker 1>staff both lived and worked. Jiangsung was given the guest

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<v Speaker 1>room on the first floor. But the Washington trip was

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<v Speaker 1>not the peaceful respite that Jiangsung had hoped for. The

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<v Speaker 1>mission staff were busy with work and did not have

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<v Speaker 1>the energy to tend to a sick house. Guest Wu

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<v Speaker 1>helped care for Jiangsung at nights, but Jiangsung came to

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<v Speaker 1>feel like a burden, and doctor Wang's paternalistic presence probably chafed.

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<v Speaker 1>Two After five days, Jiangsung decided to leave. He did

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<v Speaker 1>not head back to New York immediately, though Instead, he

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<v Speaker 1>took a room at the Harris Hotel near the train station.

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<v Speaker 1>He telegraphed his brother, asking Sung Ing to come take

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<v Speaker 1>care of him. Song Ing hurried south, arriving in the

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<v Speaker 1>middle of the night on January twenty eighth, he found

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<v Speaker 1>his older brother in rough shape. In addition to the

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<v Speaker 1>fatigue from the flu, he was now suffering severe bowel pain.

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<v Speaker 1>But Jiangsung also had some errands to run. On the

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<v Speaker 1>evening of January twenty ninth, he went back to the mission.

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<v Speaker 1>It was during this visit that doctor Li Gung knocked

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<v Speaker 1>on the door and Jongsung told him that everyone else

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<v Speaker 1>was out. This turned out to be true. The mission

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<v Speaker 1>staff were all attending dinners celebrating the Chinese New Year

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<v Speaker 1>that evening. The next morning, Thursday, January thirtieth, Jung Sung

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<v Speaker 1>and Sung En visited Riggs National Bank. Jiangsung stayed in

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<v Speaker 1>the taxi while Sung In went in and attempted to

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<v Speaker 1>deposit a five thousand dollars check. The check, made out

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<v Speaker 1>from the account of the Chinese Educational Mission, was only

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<v Speaker 1>addressed to quote bearer, not to any specific recipient. The

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<v Speaker 1>teller thought this was suspicious. He pulled up a previous

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<v Speaker 1>check from the mission and compared Wang's signatures on each document.

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<v Speaker 1>They didn't match. The teller alerted an assistant cashier, who

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<v Speaker 1>attempted to reach the mission by phone. No one answered. Eventually,

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<v Speaker 1>Sung Inn was told to return with Wang. Sang In

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<v Speaker 1>did not do so. Instead, he and Joangsung went to

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<v Speaker 1>Union Station and boarded a train for New York. The

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<v Speaker 1>next evening, Lie Gung discovered the bodies in the mission.

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<v Speaker 1>There was no sign of forced entry or robbery, so

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<v Speaker 1>the police suspected a more personal motive. After Lee told

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<v Speaker 1>police about his strange interaction with Jiangsung on the twenty ninth,

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<v Speaker 1>the police decided to investigate further. Washington Chief of Police

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<v Speaker 1>Major Raymond Pullman sent to detective Sergeants Guy Burlingame and

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<v Speaker 1>Edward Kelly to New York. The detectives arrived at Jiangsung

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<v Speaker 1>and Song In's apartment at seven thirty a m. On

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<v Speaker 1>February first. The Who brothers and the detectives would give

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<v Speaker 1>very different accounts of the interaction that followed. The detectives

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<v Speaker 1>claimed that Jiangsung expressed no surprise at the news of

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<v Speaker 1>the deaths. He asked many questions but seemed calm. Jiangsung

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<v Speaker 1>told them he had left d C on January twenty seventh.

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<v Speaker 1>In the brothers telling, things were much less amicable. They

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<v Speaker 1>said that the detectives had entered their rooms with guns

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<v Speaker 1>drawn and begun tearing the room apart searching for a gun.

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<v Speaker 1>Jiangsung denied, ever, saying that he returned on the twenty seventh.

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<v Speaker 1>Both versions of this encounter end in similar ways, though

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<v Speaker 1>with Jiangsung agreeing to accompany the detectives to d C

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<v Speaker 1>to help answer questions. Jiangsun pulled together the toiletries and

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<v Speaker 1>clothes necessary for a short trip. But this trip would

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<v Speaker 1>not be short. Soon, Jiangsung would discover the police did

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<v Speaker 1>not intend to let him go home. When the train

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<v Speaker 1>carrying Jiangsung and the detectives arrived in Washington, dozens of

0:14:11.720 --> 0:14:15.880
<v Speaker 1>reporters and photographers lined up to meet them. Anticipating this,

0:14:16.080 --> 0:14:18.760
<v Speaker 1>Chief Pullman had the group exit off the rear of

0:14:18.800 --> 0:14:22.440
<v Speaker 1>the train, and then, instead of taking Jong Sung to

0:14:22.480 --> 0:14:25.960
<v Speaker 1>the police station where more reporters were waiting, Pullman had

0:14:26.040 --> 0:14:29.040
<v Speaker 1>him taken to the Board of Police Surgeon's health clinic.

0:14:29.520 --> 0:14:33.680
<v Speaker 1>At the clinic, Pullman himself began the questioning, assisted by

0:14:33.760 --> 0:14:38.920
<v Speaker 1>Chief of Detectives Clifford Grant. Jongsung did not admit to anything.

0:14:39.600 --> 0:14:42.640
<v Speaker 1>Juan Sung was next asked to appear in front of

0:14:42.680 --> 0:14:46.560
<v Speaker 1>a group of employees from Riggs National Bank. Police hoped

0:14:46.560 --> 0:14:49.480
<v Speaker 1>that the employees would i d Juangsung as the man

0:14:49.560 --> 0:14:52.840
<v Speaker 1>who had tried to deposit the forged check, but the

0:14:52.840 --> 0:14:55.280
<v Speaker 1>employees said that he was not the man they had seen.

0:14:56.120 --> 0:15:00.040
<v Speaker 1>Tired and feeling ill, Jangsung asked to leave, but but

0:15:00.160 --> 0:15:03.480
<v Speaker 1>the police, who had not formally arrested Jiangsung at this point,

0:15:03.840 --> 0:15:07.240
<v Speaker 1>would not let him go. Instead, they took him to

0:15:07.280 --> 0:15:11.840
<v Speaker 1>the Dewey hotel. Why not to the police station. As

0:15:11.920 --> 0:15:15.320
<v Speaker 1>historian Scott Seligman says in his book The Third Degree,

0:15:15.840 --> 0:15:19.720
<v Speaker 1>the police quote intended to keep him in communicado for

0:15:19.760 --> 0:15:23.360
<v Speaker 1>as long as they interrogated him. This way, no one,

0:15:23.600 --> 0:15:27.360
<v Speaker 1>not reporters nor voyeurs, but also not any of his

0:15:27.480 --> 0:15:31.440
<v Speaker 1>friends nor any attorneys could find out where he was.

0:15:32.400 --> 0:15:36.400
<v Speaker 1>While Jang Sung sat cloistered in the hotel, the Washington

0:15:36.440 --> 0:15:40.080
<v Speaker 1>police were returning to New York. One of the bank

0:15:40.120 --> 0:15:43.000
<v Speaker 1>employees had mentioned that the man who brought the check

0:15:43.400 --> 0:15:46.800
<v Speaker 1>looked younger than Jiangsung, so the police were working on

0:15:46.840 --> 0:15:49.080
<v Speaker 1>the theory that it had been twenty year old Song

0:15:49.200 --> 0:15:52.680
<v Speaker 1>In who visited the bank. Early on Monday morning, Detective

0:15:52.760 --> 0:15:56.080
<v Speaker 1>Kelly showed up at Sung Inn's door to get song

0:15:56.160 --> 0:15:59.280
<v Speaker 1>In to accompany him back to Washington because the police

0:15:59.320 --> 0:16:01.720
<v Speaker 1>had no grounds to formally arrest him at this point,

0:16:02.080 --> 0:16:06.560
<v Speaker 1>Kelly lied, telling song In that Jiangsung was ill and

0:16:06.680 --> 0:16:10.400
<v Speaker 1>asking for his brother. Sang In quickly agreed to return

0:16:10.440 --> 0:16:13.760
<v Speaker 1>with Kelly, but when the pair arrived in Washington, song

0:16:13.880 --> 0:16:17.760
<v Speaker 1>In was not taken to Jiangsung. Instead, he was taken

0:16:17.760 --> 0:16:21.640
<v Speaker 1>to the police clinic, where officers interrogated him and accused

0:16:21.720 --> 0:16:25.720
<v Speaker 1>him of murder. They questioned him all night without giving

0:16:25.760 --> 0:16:29.360
<v Speaker 1>him any food. Early the next morning, the police checked

0:16:29.360 --> 0:16:32.240
<v Speaker 1>song In into the Dewey hotel. He did not know

0:16:32.280 --> 0:16:35.200
<v Speaker 1>that his brother was staying there as well. While sang

0:16:35.280 --> 0:16:38.240
<v Speaker 1>In finally got some sleep, the police took his photo

0:16:38.320 --> 0:16:41.200
<v Speaker 1>around to the bank. All the employees confirmed that this

0:16:41.440 --> 0:16:43.960
<v Speaker 1>was indeed the man who had tried to cash the

0:16:44.040 --> 0:16:47.760
<v Speaker 1>forged check. Police were now certain that they had their men.

0:16:48.160 --> 0:16:50.960
<v Speaker 1>They believed that Jiangsung had forged the check and then

0:16:51.080 --> 0:16:53.960
<v Speaker 1>killed the mission staff when they discovered his crime, but

0:16:54.080 --> 0:16:57.720
<v Speaker 1>their case was circumstantial. To make it air tight, they

0:16:57.800 --> 0:17:01.080
<v Speaker 1>needed a confession. Over the night. Next five days, the

0:17:01.080 --> 0:17:05.880
<v Speaker 1>police questioned Juangsung and song In incessantly, even interrupting their

0:17:05.920 --> 0:17:09.919
<v Speaker 1>sleep to get more questions. In Per the brother's later accounts,

0:17:10.000 --> 0:17:13.119
<v Speaker 1>the police did more than just question them. They also

0:17:13.240 --> 0:17:17.760
<v Speaker 1>insulted them, using racist slurs and abusive language. They pinched

0:17:17.800 --> 0:17:20.800
<v Speaker 1>and pushed the men. They refused to let them see

0:17:20.840 --> 0:17:24.400
<v Speaker 1>each other. They did not allow Jiangsung, who was now

0:17:24.600 --> 0:17:28.840
<v Speaker 1>very ill, to get adequate rest. After five days of this,

0:17:29.280 --> 0:17:32.760
<v Speaker 1>song In cracked he admitted that he had tried to

0:17:32.840 --> 0:17:36.320
<v Speaker 1>cash the check. When detectives told Jiangsung what his brother

0:17:36.359 --> 0:17:40.120
<v Speaker 1>had said, he was shocked and angry. The police thought

0:17:40.119 --> 0:17:42.960
<v Speaker 1>that he might just be close to breaking two. His

0:17:43.119 --> 0:17:46.439
<v Speaker 1>little brother was his weak spot. Jang Sung wanted to

0:17:46.440 --> 0:17:50.160
<v Speaker 1>protect him. Maybe if detectives allowed them to see each other,

0:17:50.680 --> 0:17:54.280
<v Speaker 1>Jung Sung would open up. The Next day, the police

0:17:54.280 --> 0:17:57.119
<v Speaker 1>took the brothers to the murder scene. When he saw

0:17:57.119 --> 0:18:00.440
<v Speaker 1>his younger brother, Jung Sung excitedly shook some in his

0:18:00.560 --> 0:18:03.840
<v Speaker 1>hand and asked after his well being. But this was

0:18:03.880 --> 0:18:08.359
<v Speaker 1>not to be a long reunion. Soon the questioning started again.

0:18:09.040 --> 0:18:12.040
<v Speaker 1>Pullman implied to jog Sung that song In was about

0:18:12.080 --> 0:18:15.359
<v Speaker 1>to be arrested for the crime unless Jeong Sung did

0:18:15.400 --> 0:18:19.280
<v Speaker 1>something to stop it. You know what you did, song

0:18:19.359 --> 0:18:22.520
<v Speaker 1>In remembered Chief Pullman telling his brother, why don't you

0:18:22.640 --> 0:18:25.880
<v Speaker 1>say something and let your brother go? Your little brother

0:18:25.960 --> 0:18:28.800
<v Speaker 1>has a good future. We just want you to say

0:18:28.840 --> 0:18:32.800
<v Speaker 1>something and let him go out. When this emotional pressure

0:18:32.840 --> 0:18:36.880
<v Speaker 1>did not work, the detectives increased the prisoner's discomfort. They

0:18:36.920 --> 0:18:40.399
<v Speaker 1>denied them trips to the bathroom. They gave them no food.

0:18:40.840 --> 0:18:45.080
<v Speaker 1>When Jangsung, increasingly ill, slumped in his chair, song In

0:18:45.320 --> 0:18:49.600
<v Speaker 1>handed him a cushion, Detective Kelly took it away, saying,

0:18:50.080 --> 0:18:53.240
<v Speaker 1>don't think you are home. You are in our power.

0:18:53.680 --> 0:18:56.800
<v Speaker 1>You have got to do what we say. The questioning

0:18:56.840 --> 0:19:01.639
<v Speaker 1>continued all night. By five am, the detectives were exhausted

0:19:02.160 --> 0:19:05.840
<v Speaker 1>and Jiangsung was on the verge of collapse. The detectives

0:19:05.840 --> 0:19:09.320
<v Speaker 1>had to carry him out. Both brothers were taken to

0:19:09.359 --> 0:19:14.280
<v Speaker 1>the tenth Precinct station house. There, Jiangsung was finally allowed

0:19:14.320 --> 0:19:17.439
<v Speaker 1>to sleep. When he woke up that evening, the questioning

0:19:17.520 --> 0:19:22.399
<v Speaker 1>began again. Inspector Grant told Jiangsung, quote, if you are

0:19:22.440 --> 0:19:26.000
<v Speaker 1>guilty and your brother is innocent, now is the time

0:19:26.160 --> 0:19:30.280
<v Speaker 1>to tell it. After nearly a week of mental and

0:19:30.320 --> 0:19:34.720
<v Speaker 1>physical suffering, Jiangsung could take it no more. He told

0:19:34.760 --> 0:19:37.320
<v Speaker 1>detectives that he had been there when the killings happened,

0:19:37.840 --> 0:19:40.800
<v Speaker 1>but it had not been him who shot the mission's staff.

0:19:41.280 --> 0:19:45.160
<v Speaker 1>Oh Bin Shin had killed Theodore Wang and Shia Tchiangxi,

0:19:45.600 --> 0:19:48.680
<v Speaker 1>he said, and then a businessman named c h Chen

0:19:49.119 --> 0:19:54.480
<v Speaker 1>killed Whu. Xiang Sung, too tired to speak more, stopped there.

0:19:55.080 --> 0:19:57.320
<v Speaker 1>He told officers he would tell them more the next

0:19:57.400 --> 0:20:00.880
<v Speaker 1>day if they let him sleep. The next morning, Jiang

0:20:01.000 --> 0:20:04.680
<v Speaker 1>Sung laid out what happened. He and U Bin Chin

0:20:05.119 --> 0:20:07.800
<v Speaker 1>had plotted to forge a check from the mission, but

0:20:07.920 --> 0:20:10.639
<v Speaker 1>doctor Wang had discovered their plan and was going to

0:20:10.680 --> 0:20:14.280
<v Speaker 1>alert the police. Whu told Jiangsung to come over to

0:20:14.320 --> 0:20:16.240
<v Speaker 1>the mission on the evening of the twenty ninth to

0:20:16.280 --> 0:20:19.400
<v Speaker 1>figure out what to do. But at the mission, who

0:20:19.600 --> 0:20:23.240
<v Speaker 1>had lost his head, he had shot Wang and Siya.

0:20:24.040 --> 0:20:28.639
<v Speaker 1>Jiangsung had been horrified and furious, so he not a

0:20:28.680 --> 0:20:31.520
<v Speaker 1>businessman named Chen, as he had claimed the night before,

0:20:32.359 --> 0:20:36.400
<v Speaker 1>had shot Wu. Jiangsung said his brother had no idea

0:20:36.440 --> 0:20:40.119
<v Speaker 1>about any of it. My brother is absolutely innocent, he

0:20:40.160 --> 0:20:43.159
<v Speaker 1>told detectives. He had no part in the killing. He

0:20:43.400 --> 0:20:46.280
<v Speaker 1>knew nothing of it. He was only my tool in

0:20:46.320 --> 0:20:49.480
<v Speaker 1>attempting to pass the forged check. When the bank had

0:20:49.480 --> 0:20:53.280
<v Speaker 1>not accepted the check. Jiangsung had abandoned the plan and

0:20:53.359 --> 0:20:56.560
<v Speaker 1>headed for New York, throwing away the forged check in

0:20:56.600 --> 0:21:01.840
<v Speaker 1>the train bathroom. Jiangsung was arrested murder. The police did

0:21:01.840 --> 0:21:05.119
<v Speaker 1>not arrest Sung In immediately, but kept him in jail.

0:21:05.960 --> 0:21:08.600
<v Speaker 1>The two brothers were allowed to share a cell, and

0:21:08.680 --> 0:21:13.199
<v Speaker 1>Thong In tended to his ailing older brother. Jiangsung signed

0:21:13.200 --> 0:21:17.120
<v Speaker 1>a type statement of his confession. He told Inspector Grant,

0:21:17.520 --> 0:21:20.760
<v Speaker 1>I'm glad this is off my mind. Doctor Wang was

0:21:20.840 --> 0:21:24.120
<v Speaker 1>my friend and my mother in Shanghai had entrusted him

0:21:24.119 --> 0:21:26.800
<v Speaker 1>to care for me in this country. I never wanted

0:21:26.880 --> 0:21:29.359
<v Speaker 1>him killed, so I killed U for what he had done.

0:21:29.760 --> 0:21:32.639
<v Speaker 1>I'm glad it is all over. You now have the

0:21:32.680 --> 0:21:35.280
<v Speaker 1>whole truth. I am not going to fight the case

0:21:35.320 --> 0:21:38.560
<v Speaker 1>you built against me. I want no lawyer. I know

0:21:38.760 --> 0:21:41.400
<v Speaker 1>what I have done, and I will take my medicine

0:21:41.520 --> 0:21:45.679
<v Speaker 1>as you Americans say. But just one day later, Jiang

0:21:45.800 --> 0:21:51.199
<v Speaker 1>Sung changed his mind. Now he wanted to fight. What

0:21:51.359 --> 0:21:56.000
<v Speaker 1>had happened to cause this change the coroner's inquest, which

0:21:56.040 --> 0:22:00.000
<v Speaker 1>took place on February tenth and eleventh. The jury there

0:22:00.400 --> 0:22:04.720
<v Speaker 1>concluded that both Jiangsung and Sung In were responsible for

0:22:04.760 --> 0:22:09.640
<v Speaker 1>the murders. Jogsung was horrified. I must have a lawyer now,

0:22:09.680 --> 0:22:12.080
<v Speaker 1>he said, because they do not believe what I tell them.

0:22:12.520 --> 0:22:14.480
<v Speaker 1>I have told them the truth that my brother might

0:22:14.520 --> 0:22:17.040
<v Speaker 1>not suffer. Now they are going to punish him too.

0:22:17.760 --> 0:22:20.159
<v Speaker 1>I must make them understand that I am the only

0:22:20.240 --> 0:22:24.399
<v Speaker 1>man living who is to blame. Before, Jiangsung would have

0:22:24.440 --> 0:22:28.040
<v Speaker 1>said anything to protect his brother or to get some sleep,

0:22:28.560 --> 0:22:31.159
<v Speaker 1>But now it seemed that his eyes were open to

0:22:31.240 --> 0:22:34.480
<v Speaker 1>the dangers in front of him, and these dangers were

0:22:34.720 --> 0:22:39.280
<v Speaker 1>very real. If Jangsung was found guilty of first degree murder,

0:22:40.040 --> 0:22:46.760
<v Speaker 1>he would be sentenced to death. Shortly after the coroner's inquest,

0:22:46.960 --> 0:22:51.200
<v Speaker 1>the brothers were transferred to the district jail, an outdated,

0:22:51.320 --> 0:22:54.719
<v Speaker 1>dilapidated facility. The jail did not look much different than

0:22:54.760 --> 0:22:58.480
<v Speaker 1>it had when Charles Guitteau had stayed there forty years earlier,

0:22:58.840 --> 0:23:02.600
<v Speaker 1>and the gallows from which Guittau had been hanged spoiler

0:23:02.640 --> 0:23:06.199
<v Speaker 1>alert for episode four of History on Trial still stood

0:23:06.240 --> 0:23:09.879
<v Speaker 1>in the courtyard, an ominous reminder of what Jog Sung

0:23:10.119 --> 0:23:13.560
<v Speaker 1>was up against. He would have many days to watch

0:23:13.600 --> 0:23:16.679
<v Speaker 1>the gallows. It took more than seven months for the

0:23:16.720 --> 0:23:20.920
<v Speaker 1>grand jury to return indictments in the case. Though John Laski,

0:23:21.119 --> 0:23:24.400
<v Speaker 1>the United States attorney for d C, had publicly expressed

0:23:24.440 --> 0:23:28.880
<v Speaker 1>confidence in the case, he was actually very concerned. Laski

0:23:28.960 --> 0:23:32.720
<v Speaker 1>thought that Jangsun's confession, which the prisoner had now taken back,

0:23:33.160 --> 0:23:36.760
<v Speaker 1>might very well be thrown out at trial. Laski also

0:23:36.840 --> 0:23:39.600
<v Speaker 1>wondered whether the police had been too hasty to narrow

0:23:39.640 --> 0:23:44.080
<v Speaker 1>in on one suspect, ignoring other possible leads, leads that

0:23:44.160 --> 0:23:49.399
<v Speaker 1>could introduce reasonable doubt at trial. Still, Laski managed to

0:23:49.400 --> 0:23:52.879
<v Speaker 1>convince a grand jury. In late September. The grand jury

0:23:52.960 --> 0:23:57.320
<v Speaker 1>handed down indictments, three for first degree murder for Jiangsung

0:23:57.720 --> 0:24:02.119
<v Speaker 1>and one for passing a forged check sung In. Jiangsung

0:24:02.320 --> 0:24:04.600
<v Speaker 1>must have been relieved that his brother was no longer

0:24:04.640 --> 0:24:08.760
<v Speaker 1>implicated in the murder, but he had other concerns. His

0:24:08.800 --> 0:24:11.720
<v Speaker 1>medical condition was worsening, and he had to spend time

0:24:11.760 --> 0:24:16.080
<v Speaker 1>in the jail's red cross room. On October seventh, nineteen nineteen,

0:24:16.440 --> 0:24:20.120
<v Speaker 1>in the Washington d C. Supreme Court, Jangsung and Sung

0:24:20.240 --> 0:24:24.920
<v Speaker 1>In pled not guilty. Judge Ashley M. Goule granted Song

0:24:25.000 --> 0:24:28.639
<v Speaker 1>In bail, and he headed back to New York. Jiangsung

0:24:28.800 --> 0:24:32.919
<v Speaker 1>returned to the district jail to await trial outside of

0:24:32.960 --> 0:24:37.120
<v Speaker 1>the jail, His lawyers, James O'shay, John Sachs, and Charles

0:24:37.119 --> 0:24:41.840
<v Speaker 1>Fahey were working feverishly. How exactly these lawyers came to

0:24:41.880 --> 0:24:45.439
<v Speaker 1>be hired or who was paying them is unknown, but

0:24:45.520 --> 0:24:50.080
<v Speaker 1>they would fight tirelessly for their client. The central issue

0:24:50.080 --> 0:24:54.679
<v Speaker 1>of Jiangsung's trial was his confession. Was it admissible or not.

0:24:55.600 --> 0:24:59.080
<v Speaker 1>Jiangsung's lawyers would argue that it was not, that it

0:24:59.119 --> 0:25:03.600
<v Speaker 1>had been obtained through coercion and pressure. O'Shea introduced this

0:25:03.760 --> 0:25:07.800
<v Speaker 1>idea as early as jury selection, asking jurors, in Scott

0:25:07.800 --> 0:25:12.119
<v Speaker 1>Seligman's words quote, if they would afford a confession obtained

0:25:12.160 --> 0:25:16.560
<v Speaker 1>after eight days grilling of a sick prisoner denied communication

0:25:16.720 --> 0:25:21.000
<v Speaker 1>with his friends as much consideration as one given voluntarily

0:25:21.160 --> 0:25:26.200
<v Speaker 1>under different circumstances. The prosecution also thought carefully about how

0:25:26.240 --> 0:25:29.679
<v Speaker 1>to approach the matter of the confession. US Attorney Lasky

0:25:29.840 --> 0:25:32.919
<v Speaker 1>had decided to prosecute Jongsung only for the murder of

0:25:33.000 --> 0:25:35.520
<v Speaker 1>Hu Bin Shin, since this was the only murder he

0:25:35.560 --> 0:25:40.000
<v Speaker 1>had directly confessed to, But in opening statements on December fifteenth,

0:25:40.359 --> 0:25:44.840
<v Speaker 1>Assistant US Attorney BELITHA. J. Laws Yes, Laws, great name

0:25:44.880 --> 0:25:48.800
<v Speaker 1>for a lawyer tried to avoid the confession entirely aware

0:25:48.840 --> 0:25:52.399
<v Speaker 1>that it might be thrown out. Instead, Laws focused on

0:25:52.480 --> 0:25:56.880
<v Speaker 1>Jongsen's precarious finances, his motive to forge a check from

0:25:56.920 --> 0:26:02.159
<v Speaker 1>the mission. The prosecution's witnesses health solidify this motive. On

0:26:02.200 --> 0:26:05.399
<v Speaker 1>the first day, Laws introduced a number of acquaintances of

0:26:05.480 --> 0:26:08.719
<v Speaker 1>Jiangsung's from New York, all of whom testified to his

0:26:08.760 --> 0:26:12.160
<v Speaker 1>financial struggles and his long term ill health, which made

0:26:12.200 --> 0:26:17.800
<v Speaker 1>it impossible for him to work motive check. Next, doctor

0:26:17.920 --> 0:26:21.040
<v Speaker 1>Lee Gung testified to having seen Jiang Sung at the

0:26:21.080 --> 0:26:26.560
<v Speaker 1>mission on the night of the murders. Opportunity check. With

0:26:26.680 --> 0:26:30.560
<v Speaker 1>motive and opportunity established, Laws turned to the police evidence.

0:26:31.200 --> 0:26:34.120
<v Speaker 1>Though he had shied away from addressing the confession earlier

0:26:34.160 --> 0:26:37.199
<v Speaker 1>in the trial, the prosecutor now confronted it head on.

0:26:37.880 --> 0:26:40.679
<v Speaker 1>He introduced receipts from the Dewey Hotel that showed that

0:26:40.800 --> 0:26:44.880
<v Speaker 1>Jiangsung had been fed. He called Inspector Grant and Detective

0:26:44.920 --> 0:26:48.600
<v Speaker 1>Burlingame to the stand, both of whom denied any abuse

0:26:48.680 --> 0:26:52.840
<v Speaker 1>or pressure. When asked if Jiangsung's illness might have contributed

0:26:52.880 --> 0:26:57.000
<v Speaker 1>to his confession, Burlingame said that Jang Sung was quote

0:26:57.240 --> 0:27:00.280
<v Speaker 1>sick in the head more than in the body. But

0:27:00.359 --> 0:27:04.040
<v Speaker 1>on cross examination, James O'sheay revealed some cracks in the

0:27:04.080 --> 0:27:08.840
<v Speaker 1>detective stories. O'Shea got Burlingame to admit that Jangsung had

0:27:08.880 --> 0:27:11.840
<v Speaker 1>indeed been questioned late at night, and that when he

0:27:11.880 --> 0:27:15.119
<v Speaker 1>had finally confessed, he had been lying in bed sick.

0:27:16.080 --> 0:27:19.200
<v Speaker 1>Inpector Grant acknowledged that Jang Sung had not been allowed

0:27:19.200 --> 0:27:22.479
<v Speaker 1>to see his brother, or any non police or hotel

0:27:22.560 --> 0:27:27.280
<v Speaker 1>staff for that matter, for five days. On December twenty ninth,

0:27:27.400 --> 0:27:31.240
<v Speaker 1>Judge Gould ruled on the confession. The limits to which

0:27:31.240 --> 0:27:35.000
<v Speaker 1>the police may go, Gould said, depends on the circumstances

0:27:35.040 --> 0:27:37.560
<v Speaker 1>of each case. They have a right to use all

0:27:37.600 --> 0:27:41.040
<v Speaker 1>reasonable methods in getting facts. In a case, he told

0:27:41.080 --> 0:27:43.119
<v Speaker 1>the jury it was up to them to decide whether

0:27:43.119 --> 0:27:46.800
<v Speaker 1>the police methods were reasonable. In this case, the confession

0:27:46.840 --> 0:27:50.879
<v Speaker 1>would be admitted. It was a big win for the prosecution.

0:27:51.880 --> 0:27:56.480
<v Speaker 1>On December thirty first, Joangsun's confession was read aloud. On

0:27:56.600 --> 0:28:02.320
<v Speaker 1>that climactic note, the prosecution rested. Defense lawyer James O'shay

0:28:02.440 --> 0:28:06.639
<v Speaker 1>began his case with an opening statement. Despite Gould's ruling,

0:28:06.760 --> 0:28:09.679
<v Speaker 1>O'Shea still believed that getting the jurors to question the

0:28:09.680 --> 0:28:13.679
<v Speaker 1>confession was the best path forward. He told jurors that

0:28:13.760 --> 0:28:18.200
<v Speaker 1>Jiangsung had been quote cursed, pushed and struck by the police,

0:28:18.720 --> 0:28:22.120
<v Speaker 1>and that quote the defendant was in ill health and

0:28:22.200 --> 0:28:25.560
<v Speaker 1>his condition became so acute that he would have confessed

0:28:25.560 --> 0:28:28.479
<v Speaker 1>to anything should it result in his being left alone

0:28:28.480 --> 0:28:32.720
<v Speaker 1>by the detectives. To reinforce this point, O'Shea called song

0:28:32.840 --> 0:28:36.800
<v Speaker 1>In to the stand. Song In painted a harrowing portrait

0:28:36.840 --> 0:28:40.800
<v Speaker 1>of the interrogation. He described the police using racial slurs,

0:28:41.280 --> 0:28:45.440
<v Speaker 1>threatening them with violence, and telling Jiangsung to confess in

0:28:45.560 --> 0:28:49.480
<v Speaker 1>order to free his brother. Song In emotionally admitted that

0:28:49.600 --> 0:28:53.360
<v Speaker 1>he too, in desperation, had asked his brother to confess,

0:28:54.040 --> 0:28:57.959
<v Speaker 1>imploring Jiangsung, quote just say yes. They send us back

0:28:58.000 --> 0:29:00.320
<v Speaker 1>to the hotel and give us food, and they don't

0:29:00.320 --> 0:29:04.800
<v Speaker 1>send us to dungeon. In other ways, though Sung In

0:29:05.080 --> 0:29:08.120
<v Speaker 1>was a less than convincing witness, he now denied that

0:29:08.160 --> 0:29:10.600
<v Speaker 1>it was Jang Sung who had given him the forged check,

0:29:11.040 --> 0:29:14.720
<v Speaker 1>instead saying that a stranger asked him to deposit it.

0:29:14.720 --> 0:29:17.600
<v Speaker 1>It was a hard story to swallow and raised questions

0:29:17.640 --> 0:29:21.760
<v Speaker 1>about song In's credibility, But song Inn's testimony about the

0:29:21.840 --> 0:29:26.440
<v Speaker 1>interrogation was corroborated by his brother. Jong Sung described the

0:29:26.520 --> 0:29:30.680
<v Speaker 1>stress and exhaustion of his week long ordeal. He explained

0:29:30.680 --> 0:29:33.320
<v Speaker 1>that he would have done anything to make the questioning stop.

0:29:33.960 --> 0:29:36.480
<v Speaker 1>By the time he had signed the tight out confession,

0:29:36.720 --> 0:29:39.480
<v Speaker 1>Joansung said he had been so ill he could not

0:29:39.600 --> 0:29:44.240
<v Speaker 1>get out of bed. Judge Gould seemed skeptical of these claims,

0:29:44.680 --> 0:29:48.560
<v Speaker 1>asking Jongsung, nobody held a gun over you, and nobody

0:29:48.600 --> 0:29:52.440
<v Speaker 1>threatened to kill you. Jog Sung replied, this is worse

0:29:52.480 --> 0:29:57.000
<v Speaker 1>than killing. If they kill me, I don't mind. Still unconvinced,

0:29:57.320 --> 0:30:01.360
<v Speaker 1>Gould asked if he really thought signing up confession, which

0:30:01.480 --> 0:30:04.760
<v Speaker 1>might lead to him receiving the death penalty, was worse

0:30:04.800 --> 0:30:09.320
<v Speaker 1>than answering questions. They wanted me to confess and to sign,

0:30:09.520 --> 0:30:13.400
<v Speaker 1>Jiangsung explained, And my idea is this, I want them

0:30:13.440 --> 0:30:16.000
<v Speaker 1>to leave me alone and let my brother nurse me

0:30:16.360 --> 0:30:18.960
<v Speaker 1>and let me get well. I don't want to argue

0:30:18.960 --> 0:30:22.600
<v Speaker 1>with them. At the same time, Jeong Sung's claims were

0:30:22.600 --> 0:30:26.560
<v Speaker 1>backed up by the prosecution's strongest witness, doctor James Gannon,

0:30:26.720 --> 0:30:30.520
<v Speaker 1>the chief medical officer at the district jail. Gannon had

0:30:30.560 --> 0:30:33.680
<v Speaker 1>seen Jiang Sung shortly after his arrival at the jail

0:30:33.880 --> 0:30:37.800
<v Speaker 1>and had been shocked at his condition. He diagnosed Jiuong

0:30:37.920 --> 0:30:41.680
<v Speaker 1>Sung with spastic colitis, which he testified would result in

0:30:41.760 --> 0:30:47.480
<v Speaker 1>almost constant pain. He observed that Jiangsun was emaciated and exhausted.

0:30:48.280 --> 0:30:51.080
<v Speaker 1>Gannon had been so concerned about the prisoner's health that

0:30:51.120 --> 0:30:54.160
<v Speaker 1>he had confined Jiangsung to a bed in the jail's

0:30:54.200 --> 0:30:58.280
<v Speaker 1>Red Cross room for more than a month. Once again,

0:30:58.440 --> 0:31:02.160
<v Speaker 1>Judge Gould had questions for this witness. Are you prepared

0:31:02.160 --> 0:31:05.040
<v Speaker 1>to say that his condition had any effect on his mind?

0:31:05.320 --> 0:31:09.920
<v Speaker 1>Gould asked, oh, yes, I am. Gannon replied, what do

0:31:09.960 --> 0:31:13.680
<v Speaker 1>you say he was of sound or unsound mind? In

0:31:13.720 --> 0:31:16.640
<v Speaker 1>so far as he was unable to make an important decision?

0:31:16.880 --> 0:31:21.920
<v Speaker 1>Gannon said he was of unsound mind. Judge Gould was

0:31:22.000 --> 0:31:27.240
<v Speaker 1>highly skeptical with spastic colitis. He asked, if he was

0:31:27.280 --> 0:31:30.440
<v Speaker 1>accused of a crime, he would simply sign a paper

0:31:30.480 --> 0:31:33.400
<v Speaker 1>and say you hang me. That is your opinion as

0:31:33.440 --> 0:31:38.680
<v Speaker 1>a medical man. Gannon did not back down. I say,

0:31:38.840 --> 0:31:41.840
<v Speaker 1>if he was as sick as that and in as

0:31:41.960 --> 0:31:45.680
<v Speaker 1>great pain as that, he would do anything to have

0:31:45.800 --> 0:31:50.600
<v Speaker 1>the torture stopped. Would Gannon's testimony convince the jury that

0:31:50.720 --> 0:31:54.920
<v Speaker 1>Jang Sung's confession had not been made voluntarily. The defense

0:31:54.960 --> 0:31:59.680
<v Speaker 1>certainly hoped so. James O'Shea stressed the terrible pressure Jean

0:31:59.760 --> 0:32:03.480
<v Speaker 1>Sun And had been under. During his closing arguments, he

0:32:03.600 --> 0:32:06.280
<v Speaker 1>told jurors that the police's conduct was not in line

0:32:06.320 --> 0:32:10.480
<v Speaker 1>with American values. Quote. If they treated this boy as

0:32:10.480 --> 0:32:14.200
<v Speaker 1>the testimony indicates, it is high time an American jury

0:32:14.240 --> 0:32:17.760
<v Speaker 1>put its stamp of disapproval on the methods of the police.

0:32:19.040 --> 0:32:23.719
<v Speaker 1>United States Attorney John Lasky vehemently disagreed. In his closing

0:32:23.800 --> 0:32:27.760
<v Speaker 1>argument for the prosecution. Lasky shot back, quote, the police

0:32:27.800 --> 0:32:29.960
<v Speaker 1>would have been derelict in their duty if they had

0:32:30.000 --> 0:32:33.840
<v Speaker 1>not interrogated him at great length. The jury should affirm

0:32:33.920 --> 0:32:37.080
<v Speaker 1>the police's work, or the criminal justice system would feel

0:32:37.120 --> 0:32:41.960
<v Speaker 1>the consequences. Lasky continued, quote, if the police are not

0:32:42.000 --> 0:32:45.600
<v Speaker 1>to be allowed to question persons suspected of crime, particularly

0:32:45.640 --> 0:32:48.680
<v Speaker 1>those who have been trapped in conflicting statements and lies,

0:32:49.200 --> 0:32:52.760
<v Speaker 1>you might as well close up the courthouse. Who would

0:32:52.760 --> 0:32:57.160
<v Speaker 1>the jurors agree with? On January ninth, Judge Gould instructed

0:32:57.200 --> 0:33:00.880
<v Speaker 1>the jury and dismissed them to deliberate. They were not

0:33:01.080 --> 0:33:04.920
<v Speaker 1>gone long, only half an hour after stepping out, the

0:33:05.000 --> 0:33:09.640
<v Speaker 1>jury returned with a verdict. Jiangsung had been so sure

0:33:09.760 --> 0:33:12.360
<v Speaker 1>that he would be acquitted that he had packed his

0:33:12.400 --> 0:33:15.840
<v Speaker 1>suit case before departing the jail that morning. He now

0:33:15.920 --> 0:33:19.800
<v Speaker 1>sat waiting for the jury's announcement. The court clerk rose

0:33:19.960 --> 0:33:22.960
<v Speaker 1>and spoke on account of first degree murder for the

0:33:23.040 --> 0:33:26.160
<v Speaker 1>killing of Hu Bin Chin. The jury had found the

0:33:26.200 --> 0:33:34.560
<v Speaker 1>defendant Khu Jiangsung guilty. Jiang Sung crumpled in his chair.

0:33:35.200 --> 0:33:39.000
<v Speaker 1>He began to sob. His attorneys and the bailiff led

0:33:39.080 --> 0:33:42.320
<v Speaker 1>him out of the courtroom. James o'sha told him that

0:33:42.360 --> 0:33:45.840
<v Speaker 1>they would petition for a new trial in May. Judge

0:33:45.880 --> 0:33:49.280
<v Speaker 1>Gould dismissed this petition, saying that the conviction would have

0:33:49.320 --> 0:33:53.360
<v Speaker 1>come even without the confession. Gould even praised the police

0:33:53.360 --> 0:33:58.600
<v Speaker 1>for their quote unusual detective skill. He set Joanngsung's sentencing

0:33:58.680 --> 0:34:02.560
<v Speaker 1>date for a week time there was no doubt what

0:34:02.640 --> 0:34:06.680
<v Speaker 1>the sentence would be. First degree murderers were automatically sentenced

0:34:06.720 --> 0:34:10.319
<v Speaker 1>to death in Washington at this time. On May fourteenth,

0:34:10.440 --> 0:34:14.920
<v Speaker 1>nineteen twenty, Judge Gould pronounced that Hu Jiangsung would be

0:34:15.000 --> 0:34:21.280
<v Speaker 1>hanged on December first. The prisoner collapsed once again. James

0:34:21.320 --> 0:34:25.760
<v Speaker 1>O'she reassured Jiangsung, telling him that they would appeal, and indeed,

0:34:25.800 --> 0:34:29.520
<v Speaker 1>they did appeal, though a number of scheduling difficulties, illnesses,

0:34:29.560 --> 0:34:32.520
<v Speaker 1>and deaths, including that of Judge Gould, who died on

0:34:32.640 --> 0:34:36.000
<v Speaker 1>May twentieth, nineteen twenty one, of a heart attack. It

0:34:36.040 --> 0:34:39.560
<v Speaker 1>would take more than three years for Jung Sung's appeal

0:34:39.640 --> 0:34:42.480
<v Speaker 1>to be heard by the DC Court of Appeals. In

0:34:42.520 --> 0:34:47.000
<v Speaker 1>the meantime, his execution had been stayed multiple times, almost

0:34:47.040 --> 0:34:50.360
<v Speaker 1>always at the last moment. The news out of the

0:34:50.400 --> 0:34:54.959
<v Speaker 1>appeals court was not good. On May seventh, nineteen twenty three,

0:34:55.239 --> 0:34:59.680
<v Speaker 1>Judge Josiah A. Van Orsdell ruled the confession was admissible,

0:35:00.120 --> 0:35:04.440
<v Speaker 1>that the verdict and sentence were correct. James O'Shea told

0:35:04.520 --> 0:35:09.080
<v Speaker 1>Jiangsung that they had one last legal resort, appealing to

0:35:09.160 --> 0:35:12.760
<v Speaker 1>the Supreme Court. It was a long shot, the court

0:35:12.840 --> 0:35:15.920
<v Speaker 1>only heard a small number of cases every year, but

0:35:16.040 --> 0:35:19.880
<v Speaker 1>O'she thought that the court might be interested in Jiangsung's story.

0:35:20.400 --> 0:35:23.160
<v Speaker 1>The debate over just how far police could go to

0:35:23.200 --> 0:35:27.000
<v Speaker 1>get confessions had intensified since the last time the court

0:35:27.040 --> 0:35:30.800
<v Speaker 1>had ruled on the admissibility of confessions in eighteen ninety seven.

0:35:31.239 --> 0:35:35.320
<v Speaker 1>The so called third degree the use by police of force,

0:35:35.440 --> 0:35:39.360
<v Speaker 1>coercion and threat was increasingly unpopular, but there was no

0:35:39.560 --> 0:35:43.279
<v Speaker 1>clear legal guidance on how to consider confessions obtained using

0:35:43.320 --> 0:35:46.680
<v Speaker 1>the third degree. O'she thought the court might want to

0:35:46.680 --> 0:35:49.080
<v Speaker 1>weigh in, but he didn't know if he was the

0:35:49.160 --> 0:35:51.719
<v Speaker 1>right lawyer for the job, though he was admitted to

0:35:51.760 --> 0:35:54.520
<v Speaker 1>the Supreme Court bar, and he didn't have much experience

0:35:54.680 --> 0:35:59.040
<v Speaker 1>arguing in the highest court. Fortunately for O'Shea and for Jiangsung,

0:35:59.480 --> 0:36:03.760
<v Speaker 1>Juangsun's case had attracted some high profile, well connected figures

0:36:04.080 --> 0:36:06.880
<v Speaker 1>who helped bring his story to the attention of several

0:36:06.920 --> 0:36:12.000
<v Speaker 1>prominent lawyers, including John W. Davis, a former congressman, ambassador,

0:36:12.080 --> 0:36:15.760
<v Speaker 1>and Solicitor General who had argued more than seventy cases

0:36:15.800 --> 0:36:18.960
<v Speaker 1>in front of the Supreme Court. Davis and O'shay were

0:36:19.040 --> 0:36:22.560
<v Speaker 1>joined on Jong Sung's appeal by William Cullen Dennis, a

0:36:22.560 --> 0:36:26.280
<v Speaker 1>former State Department lawyer, as well as O'sha's associates Charles

0:36:26.320 --> 0:36:30.400
<v Speaker 1>Fahey and Frederick McKenney. In July nineteen twenty three, the

0:36:30.480 --> 0:36:34.120
<v Speaker 1>team submitted their appeal to the court. Three months later,

0:36:34.400 --> 0:36:37.279
<v Speaker 1>to their delight, the Supreme Court agreed to hear their

0:36:37.360 --> 0:36:42.160
<v Speaker 1>case due to even more scheduling difficulties and misdeadlines. Oral

0:36:42.280 --> 0:36:45.920
<v Speaker 1>arguments did not commence for another six months. In April

0:36:46.239 --> 0:36:50.560
<v Speaker 1>nineteen twenty four, Frederick McKenney and William Dennis presented oral

0:36:50.640 --> 0:36:55.439
<v Speaker 1>arguments on Jong Sung's behalf, John Lasky's replacement. United States

0:36:55.480 --> 0:36:59.040
<v Speaker 1>attorney Peyton Gordon argued on behalf of the United States.

0:36:59.719 --> 0:37:03.960
<v Speaker 1>In his cell on the District Jail's gallows Lane, Jiangsung

0:37:04.080 --> 0:37:07.319
<v Speaker 1>could only wait and hope. The medical care he had

0:37:07.360 --> 0:37:10.640
<v Speaker 1>received while in jail had resolved his colliitis, and he

0:37:10.719 --> 0:37:13.680
<v Speaker 1>had grown healthier and plumper. He was known as a

0:37:13.719 --> 0:37:18.719
<v Speaker 1>model prisoner, but the stress of imminent death weighed on him.

0:37:18.880 --> 0:37:22.600
<v Speaker 1>On October thirteenth, nineteen twenty four, almost a year after

0:37:22.640 --> 0:37:25.359
<v Speaker 1>the Supreme Court first agreed to hear the case, the

0:37:25.360 --> 0:37:29.960
<v Speaker 1>Court published its opinion in Jiangsung Whu the United States.

0:37:30.719 --> 0:37:34.480
<v Speaker 1>The unanimous decision was authored by Justice Louis D. Brandeis.

0:37:35.040 --> 0:37:38.880
<v Speaker 1>Brandis walked through the facts of Jiangsung's case, explaining the

0:37:38.920 --> 0:37:41.719
<v Speaker 1>tactics the police had employed against him and Sung in

0:37:42.480 --> 0:37:45.640
<v Speaker 1>then he weighed in on the admissibility of the confession

0:37:46.239 --> 0:37:49.960
<v Speaker 1>the Court of Appeals, Brandeis wrote appears to have held

0:37:50.040 --> 0:37:53.680
<v Speaker 1>the prisoner's statements admissible on the ground that confession made

0:37:53.680 --> 0:37:57.120
<v Speaker 1>by one competent to act is to be deemed voluntary

0:37:57.239 --> 0:37:59.600
<v Speaker 1>as a matter of law if it was not in

0:37:59.680 --> 0:38:02.879
<v Speaker 1>due by a promise or a threat, and that here

0:38:03.239 --> 0:38:08.480
<v Speaker 1>these statements were not so induced. But Brandeis continued, the

0:38:08.600 --> 0:38:13.880
<v Speaker 1>requisite of voluntariness is not satisfied by establishing merely that

0:38:13.960 --> 0:38:17.440
<v Speaker 1>the confession was not induced by a promise or a threat.

0:38:18.120 --> 0:38:23.520
<v Speaker 1>Any type of compulsion Brandis concluded rendered a confession involuntary,

0:38:24.280 --> 0:38:28.279
<v Speaker 1>and in this case quote the undisputed facts showed that

0:38:28.360 --> 0:38:34.000
<v Speaker 1>compulsion was applied. Ultimately, Brandeis wrote, a confession is voluntary

0:38:34.080 --> 0:38:39.200
<v Speaker 1>in law if and only if it was in fact

0:38:39.719 --> 0:38:45.680
<v Speaker 1>voluntarily made. Brandeis's opinion was met with popular acclaim. The

0:38:45.760 --> 0:38:49.040
<v Speaker 1>court has plainly and bluntly decided that torture has no

0:38:49.200 --> 0:38:53.160
<v Speaker 1>place in American legal procedure, and that confession thus compelled

0:38:53.200 --> 0:38:56.760
<v Speaker 1>and extorted may not be admitted, wrote the Pittsburgh Press.

0:38:57.160 --> 0:38:59.400
<v Speaker 1>It is time the police realized that a man is

0:38:59.440 --> 0:39:03.520
<v Speaker 1>presumed innocent until proven guilty upon the New York world,

0:39:03.640 --> 0:39:06.680
<v Speaker 1>and that it is up to them, not the accused himself,

0:39:06.840 --> 0:39:10.200
<v Speaker 1>to do the proving said police, of course, were not

0:39:10.280 --> 0:39:14.640
<v Speaker 1>so pleased. The Washington Police denied that their officers had

0:39:14.680 --> 0:39:19.880
<v Speaker 1>done anything improper in their interrogation of Jangsung. Commissioner James

0:39:19.880 --> 0:39:23.360
<v Speaker 1>Oyster did agree to an investigation, but it wrapped in

0:39:23.400 --> 0:39:26.799
<v Speaker 1>only five days, and surprise surprise, found no evidence of

0:39:26.840 --> 0:39:31.440
<v Speaker 1>wrongdoing on the police's part. In the District jail, prisoners rejoiced,

0:39:31.560 --> 0:39:36.240
<v Speaker 1>and not just Jiangsung. Another inmate on Gallows Lane, Eddie Perrygo,

0:39:36.719 --> 0:39:39.880
<v Speaker 1>who had confessed after being kept awake for long stretches

0:39:39.920 --> 0:39:42.840
<v Speaker 1>of time, was granted a new trial. As a result

0:39:42.840 --> 0:39:46.239
<v Speaker 1>of the ruling, Jiangsung would also be granted a new

0:39:46.280 --> 0:39:51.160
<v Speaker 1>trial and another stay of execution his thirteenth Many people

0:39:51.200 --> 0:39:53.920
<v Speaker 1>wondered whether the government would even pursue a new trial,

0:39:54.440 --> 0:39:57.239
<v Speaker 1>but in November, the Department of Justice decided to move

0:39:57.280 --> 0:40:01.080
<v Speaker 1>forward with re prosecuting Jangsung, and if they secured a

0:40:01.080 --> 0:40:03.840
<v Speaker 1>conviction in his case, with the prosecution of his brother

0:40:04.040 --> 0:40:06.360
<v Speaker 1>Sung In, who had been out on bail for the

0:40:06.360 --> 0:40:11.239
<v Speaker 1>past five years. However, as with everything in Jiangsung's case,

0:40:11.440 --> 0:40:15.120
<v Speaker 1>the new trial moved slowly. In the intervening years, many

0:40:15.160 --> 0:40:18.439
<v Speaker 1>of the original witnesses had died or moved. Some of them,

0:40:18.600 --> 0:40:22.440
<v Speaker 1>like key prosecution witness doctor Lee Gong, had returned to China.

0:40:22.960 --> 0:40:25.440
<v Speaker 1>Locating these witnesses and bringing them back to d C

0:40:25.640 --> 0:40:30.000
<v Speaker 1>would take time. Finally, after more than a year of preparations,

0:40:30.360 --> 0:40:34.480
<v Speaker 1>Jiangsung's second trial was scheduled for January nineteen twenty six.

0:40:35.239 --> 0:40:38.480
<v Speaker 1>Jog Sung was entering this case with a new legal team.

0:40:38.840 --> 0:40:42.200
<v Speaker 1>For unknown reasons, he had soured on James O'Shea, who

0:40:42.280 --> 0:40:45.880
<v Speaker 1>had fought so ferociously for his cause, and fired O'Shea

0:40:46.120 --> 0:40:49.719
<v Speaker 1>in late nineteen twenty four. O'Shea had been replaced by

0:40:49.719 --> 0:40:53.560
<v Speaker 1>Wilton Lambert, a prominent Washington lawyer who had been convinced

0:40:53.560 --> 0:40:56.120
<v Speaker 1>to take the case by an anti death penalty advocate.

0:40:56.719 --> 0:41:00.919
<v Speaker 1>Lambert in return recruited a Owsley Stanley, a former US

0:41:01.000 --> 0:41:04.439
<v Speaker 1>Senator from Kentucky and a brilliant public speaker. They would

0:41:04.440 --> 0:41:07.719
<v Speaker 1>be joined by Lambert's law partner Rudolph Yateman and his

0:41:07.840 --> 0:41:11.879
<v Speaker 1>son Arthur Lambert, as well as one member of Jongsung's

0:41:11.880 --> 0:41:17.080
<v Speaker 1>original legal team, Charles Fahey. On January eleventh, nineteen twenty six,

0:41:17.560 --> 0:41:20.480
<v Speaker 1>six years and two days after the initial verdict in

0:41:20.600 --> 0:41:24.280
<v Speaker 1>Jongsung's case, court was called to order in the courtroom

0:41:24.360 --> 0:41:29.000
<v Speaker 1>of Washington Supreme Court Judge Wendell P. Stafford. In addition

0:41:29.040 --> 0:41:31.560
<v Speaker 1>to new defense lawyers and a new judge, there were

0:41:31.600 --> 0:41:36.320
<v Speaker 1>new prosecutors United States Attorney Peyton Gordon and Assistant United

0:41:36.320 --> 0:41:41.480
<v Speaker 1>States Attorney George D. Horning Junior. There were also noticeable absences.

0:41:41.920 --> 0:41:45.359
<v Speaker 1>Both police Chief Pullman and Inspector Grant, who had been

0:41:45.480 --> 0:41:50.040
<v Speaker 1>so involved in the interrogation of Jangsung, had died. But

0:41:50.200 --> 0:41:53.840
<v Speaker 1>for all these changes, much remained the same between Jongsung's

0:41:53.840 --> 0:41:57.080
<v Speaker 1>first and second trials. For that reason, I'm not going

0:41:57.120 --> 0:41:58.840
<v Speaker 1>to give you a play by play. You can just

0:41:58.880 --> 0:42:01.040
<v Speaker 1>go back and listen to the trial section again if

0:42:01.040 --> 0:42:05.000
<v Speaker 1>you're really bored. The only substantive change, of course, was

0:42:05.000 --> 0:42:09.000
<v Speaker 1>the fact that his confession was no longer admissible. Would

0:42:09.040 --> 0:42:12.920
<v Speaker 1>this difference be enough to save Jangsung? Or, as Judge

0:42:12.920 --> 0:42:17.120
<v Speaker 1>Gould had appined years before, was his conviction inevitable even

0:42:17.200 --> 0:42:22.240
<v Speaker 1>without the confession. On February eighth, the jury began its deliberations.

0:42:22.360 --> 0:42:25.640
<v Speaker 1>Unlike Jangsung's first jury, which had returned in less than

0:42:25.680 --> 0:42:30.799
<v Speaker 1>thirty minutes, these deliberations dragged on more than twenty four hours. Later,

0:42:30.920 --> 0:42:34.359
<v Speaker 1>the jury told Judge Stafford that they were hopelessly deadlocked.

0:42:34.760 --> 0:42:39.040
<v Speaker 1>Stafford discharged them. It was later revealed that this jury

0:42:39.080 --> 0:42:43.799
<v Speaker 1>had voted ten to two for acquittal once again. Jiangsung

0:42:43.920 --> 0:42:46.960
<v Speaker 1>had believed that freedom was imminent and had packed his

0:42:47.000 --> 0:42:50.560
<v Speaker 1>suitcase in anticipation of release, but he took the bad

0:42:50.640 --> 0:42:53.920
<v Speaker 1>news calmly, telling reporters that he just hoped for a

0:42:53.960 --> 0:42:58.160
<v Speaker 1>speedy retrial. The retrial took place two months later, beginning

0:42:58.160 --> 0:43:02.320
<v Speaker 1>on April twelfth, nineteen twenty sive. All the players stayed

0:43:02.320 --> 0:43:05.000
<v Speaker 1>the same, except for Judge Stafford, who was replaced by

0:43:05.080 --> 0:43:09.080
<v Speaker 1>Judge adolph A. Holing Junior. Once more. Feel free to

0:43:09.120 --> 0:43:11.520
<v Speaker 1>listen to the trial section again if you'd like to

0:43:11.560 --> 0:43:15.319
<v Speaker 1>experience this third trial in all its glory and or

0:43:15.480 --> 0:43:20.040
<v Speaker 1>don't value your own time. On May twelfth, Jangsung's third

0:43:20.200 --> 0:43:24.080
<v Speaker 1>jury was dismissed to deliberate again. They took their time,

0:43:24.440 --> 0:43:27.520
<v Speaker 1>but by ten pm on May thirteenth, the four men

0:43:27.560 --> 0:43:31.880
<v Speaker 1>reported to Judge Holing somewhat melodramatically that they were quote

0:43:32.120 --> 0:43:38.480
<v Speaker 1>utterly and everlastingly in disagreement. Holing dismissed them. They had

0:43:38.560 --> 0:43:43.240
<v Speaker 1>voted nine to three in favor of acquittal. Immediately after,

0:43:43.360 --> 0:43:47.400
<v Speaker 1>Judge Holding dismissed the jury. Wilton Lambert asked for bail

0:43:47.520 --> 0:43:51.040
<v Speaker 1>for Jangsung. It would be in human to incarcerate this

0:43:51.120 --> 0:43:54.040
<v Speaker 1>man any longer, he argued. He has been in jail

0:43:54.080 --> 0:43:57.560
<v Speaker 1>for seven and a half years. Twenty four men have

0:43:57.680 --> 0:44:01.000
<v Speaker 1>considered his case. Holding did not make a ruling on

0:44:01.080 --> 0:44:05.160
<v Speaker 1>this or on Lambert's formal motion for bail submitted the

0:44:05.200 --> 0:44:10.400
<v Speaker 1>next week, Jiangsung stayed in jail. On May twenty seventh,

0:44:10.640 --> 0:44:14.480
<v Speaker 1>Lambert submitted a motion to dismiss the charges. He included

0:44:14.520 --> 0:44:19.000
<v Speaker 1>affidavits from the nineteen jurors across Jongsoon's three trials who

0:44:19.040 --> 0:44:22.960
<v Speaker 1>had voted for acquittal. US Attorney Peyton Gordon told Lambert

0:44:22.960 --> 0:44:25.200
<v Speaker 1>that he would decide in the next few weeks whether

0:44:25.239 --> 0:44:28.239
<v Speaker 1>they would be moving forward with a fourth trial, which

0:44:28.239 --> 0:44:30.880
<v Speaker 1>could not take place until the court's October term. In

0:44:30.920 --> 0:44:35.319
<v Speaker 1>any case, Attorney General John G. Sargent decided to weigh

0:44:35.360 --> 0:44:39.520
<v Speaker 1>in in his opinion, Jiangsung would never be convicted without

0:44:39.520 --> 0:44:43.720
<v Speaker 1>the confession. Another trial would be a waste of taxpayer money.

0:44:44.080 --> 0:44:47.040
<v Speaker 1>The three trials had already cost the government and estimated

0:44:47.080 --> 0:44:50.560
<v Speaker 1>one hundred and fifty thousand dollars or two point six

0:44:50.600 --> 0:44:56.359
<v Speaker 1>million dollars today. US Attorney Gordon reluctantly agreed. At ten

0:44:56.440 --> 0:45:00.000
<v Speaker 1>oh five a m. On June sixteenth, nineteen twenty, Seve

0:45:00.920 --> 0:45:06.160
<v Speaker 1>Gordon formally requested that Judge Holing dismiss all charges against

0:45:06.239 --> 0:45:10.440
<v Speaker 1>Jiangsung and his brother song In. Standing in the same

0:45:10.520 --> 0:45:14.400
<v Speaker 1>spot at the same table, in the same courtroom in

0:45:14.440 --> 0:45:17.360
<v Speaker 1>which he had been sentenced to death six years earlier,

0:45:18.040 --> 0:45:24.279
<v Speaker 1>Jiangsung took it all in. He was free. Song In

0:45:24.719 --> 0:45:28.800
<v Speaker 1>two was free. To avoid the notoriety associated with the trial,

0:45:28.960 --> 0:45:32.240
<v Speaker 1>he began going by the first name Thomas. He appears

0:45:32.280 --> 0:45:34.080
<v Speaker 1>to have stayed in the United States for the rest

0:45:34.120 --> 0:45:37.880
<v Speaker 1>of his life, and in nineteen fifty helped found the

0:45:38.000 --> 0:45:43.000
<v Speaker 1>Chinese League of America, a nonprofit that helped quote foster

0:45:43.120 --> 0:45:47.440
<v Speaker 1>the fundamentals and ideals of American citizenship and the Constitution

0:45:47.640 --> 0:45:51.439
<v Speaker 1>of the United States amongst Chinese immigrants in New York.

0:45:52.280 --> 0:45:56.760
<v Speaker 1>Jiangsung was understandably more skeptical about the ideals of American

0:45:56.800 --> 0:46:00.600
<v Speaker 1>citizenship given his ordeal. He stayed in the UK for

0:46:00.680 --> 0:46:05.360
<v Speaker 1>several more years before returning permanently to Shanghai. He married

0:46:05.400 --> 0:46:08.920
<v Speaker 1>and had three daughters and lived a comfortable life, but

0:46:09.040 --> 0:46:12.560
<v Speaker 1>seven years after his return in nineteen thirty seven, the

0:46:12.640 --> 0:46:17.160
<v Speaker 1>Japanese occupied Shanghai and took his home and land. During

0:46:17.200 --> 0:46:21.160
<v Speaker 1>World War II, his nearly penniless family often went hungry.

0:46:21.840 --> 0:46:24.879
<v Speaker 1>After the war, Jiangsung managed to get a short lived

0:46:25.000 --> 0:46:28.600
<v Speaker 1>job with the Foreign Relations Office, But then in nineteen

0:46:28.719 --> 0:46:32.840
<v Speaker 1>forty nine, the Chinese Communist Party defeated the Nationalist government

0:46:32.880 --> 0:46:35.719
<v Speaker 1>in the Chinese Civil War and declared the birth of

0:46:35.760 --> 0:46:38.560
<v Speaker 1>the People's Republic of China. As a member of an

0:46:38.600 --> 0:46:42.279
<v Speaker 1>elite family, a former government employee, and a one time

0:46:42.320 --> 0:46:46.720
<v Speaker 1>American resident, Jiangsung was viewed with suspicion by the new government.

0:46:47.400 --> 0:46:50.160
<v Speaker 1>He was declared an enemy of the state and sent

0:46:50.200 --> 0:46:53.160
<v Speaker 1>to a labor camp. He would remain there for nearly

0:46:53.239 --> 0:46:57.200
<v Speaker 1>fifteen years. In nineteen sixty four, he was transferred to

0:46:57.239 --> 0:47:00.240
<v Speaker 1>a prison in Shanghai, where he lived until his death

0:47:00.280 --> 0:47:04.640
<v Speaker 1>in June nineteen sixty eight, age seventy two. For this

0:47:04.760 --> 0:47:08.480
<v Speaker 1>final prison sentence, in a dark twist of fate, the

0:47:08.560 --> 0:47:13.240
<v Speaker 1>man who had undergone three trials in the United States

0:47:13.280 --> 0:47:18.560
<v Speaker 1>received no trial at all. That's the story of Jiangsung,

0:47:18.680 --> 0:47:22.879
<v Speaker 1>who the United States after the break. A brief exploration

0:47:23.000 --> 0:47:25.640
<v Speaker 1>of the mystery at the heart of the case, and

0:47:25.880 --> 0:47:33.480
<v Speaker 1>a discussion of the case's meaningful legal legacy. Who murdered

0:47:33.520 --> 0:47:38.600
<v Speaker 1>doctor Theodore Wang, Sia Chen Si and Hu Beinjing. We

0:47:38.640 --> 0:47:42.640
<v Speaker 1>will likely never know the truth, but historian Scott Seligman,

0:47:42.880 --> 0:47:46.280
<v Speaker 1>in his excellent book on the case, titled The Third Degree,

0:47:46.600 --> 0:47:51.840
<v Speaker 1>presents a compelling case for a surprising suspect, none other

0:47:51.880 --> 0:47:57.200
<v Speaker 1>than Jiang Sung. Seligman argues that despite the extremely suspect

0:47:57.280 --> 0:48:02.400
<v Speaker 1>circumstances of Jiangsung's confession, the details within that confession closely

0:48:02.440 --> 0:48:06.120
<v Speaker 1>aligned with the facts of the case. The available evidence,

0:48:06.400 --> 0:48:10.840
<v Speaker 1>Seligman writes, points convincingly to a scenario in which Jiangsun

0:48:11.080 --> 0:48:14.279
<v Speaker 1>and Hu bin Shin conspired to steal money from the

0:48:14.360 --> 0:48:18.200
<v Speaker 1>Chinese Educational Mission, in which their plans were foiled, in

0:48:18.280 --> 0:48:21.200
<v Speaker 1>which Hu used his own revolver to shoot both of

0:48:21.239 --> 0:48:25.360
<v Speaker 1>his colleagues to death, and in which Changshun subsequently murdered

0:48:25.400 --> 0:48:28.600
<v Speaker 1>who the same gun. Neither of the men could have

0:48:28.640 --> 0:48:31.839
<v Speaker 1>committed the crime alone. Wu did not speak good enough

0:48:31.880 --> 0:48:34.160
<v Speaker 1>English to forge the check or try to pass it

0:48:34.200 --> 0:48:37.160
<v Speaker 1>in the bank. Jiangsung did not know where the mission

0:48:37.239 --> 0:48:40.760
<v Speaker 1>kept its checkbook or where they bank. Wu had the gun.

0:48:41.200 --> 0:48:44.560
<v Speaker 1>Perhaps he really did shoot Huang and Shi'a and then

0:48:44.719 --> 0:48:48.719
<v Speaker 1>was killed by a horrified Jiangsung, or of course it

0:48:48.760 --> 0:48:52.640
<v Speaker 1>could be someone else entirely. Again, we likely can't know

0:48:52.719 --> 0:48:55.799
<v Speaker 1>the truth at this late date. But if it was Jiangsung,

0:48:56.280 --> 0:48:59.720
<v Speaker 1>if he was indeed guilty, should this change our feelings

0:48:59.760 --> 0:49:03.680
<v Speaker 1>about this case? Scott Seligman argues that it shouldn't, and

0:49:04.200 --> 0:49:08.520
<v Speaker 1>I agree. The importance of this case, Seligman writes, does

0:49:08.560 --> 0:49:12.480
<v Speaker 1>not hinge on the defendant's guilt or innocence. A system

0:49:12.520 --> 0:49:16.600
<v Speaker 1>that presumes innocence until guilt is proven must, of necessity

0:49:16.640 --> 0:49:20.799
<v Speaker 1>provide protections against false conviction, even at the price of

0:49:20.840 --> 0:49:24.600
<v Speaker 1>the occasional failure to convict the guilty. This concept is

0:49:24.640 --> 0:49:26.960
<v Speaker 1>one that has been baked into our legal system from

0:49:27.000 --> 0:49:30.480
<v Speaker 1>its earliest days. In the very first episode of History

0:49:30.520 --> 0:49:34.440
<v Speaker 1>on Trial, the eighteen hundred trial of Levi Weeks, defense

0:49:34.520 --> 0:49:39.120
<v Speaker 1>lawyer Aaron Burr quoted jurist Matthew Hale saying, quote, it

0:49:39.200 --> 0:49:43.239
<v Speaker 1>is better that five guilty persons should escape unpunished than

0:49:43.360 --> 0:49:48.360
<v Speaker 1>one innocent man should die. The importance of Jong Sung's

0:49:48.360 --> 0:49:50.960
<v Speaker 1>case is the groundwork it laid to help protect against

0:49:51.000 --> 0:49:56.120
<v Speaker 1>wrongful convictions. Brandeis's Supreme Court opinion put in place further

0:49:56.239 --> 0:50:01.000
<v Speaker 1>safeguards for suspect undergoing interrogations and reduce the likelihood of

0:50:01.080 --> 0:50:06.120
<v Speaker 1>false confessions dooming defendants. And these safeguards would be strengthened

0:50:06.120 --> 0:50:09.839
<v Speaker 1>by further Supreme Court rulings. The most famous of these

0:50:09.920 --> 0:50:14.200
<v Speaker 1>rulings came more than forty years after Jongsen's final trial

0:50:14.760 --> 0:50:18.520
<v Speaker 1>and two years before his death, the nineteen sixty six

0:50:18.640 --> 0:50:23.480
<v Speaker 1>Supreme Court case Miranda v. Arizona. The defendant in that case,

0:50:23.719 --> 0:50:27.640
<v Speaker 1>Ernesto Miranda, had been convicted for a kidnapping and rape,

0:50:27.800 --> 0:50:30.800
<v Speaker 1>based in part on a confession he had given without

0:50:30.840 --> 0:50:35.240
<v Speaker 1>having been advised of his legal rights. Chief Justice Earl Warren,

0:50:35.480 --> 0:50:40.080
<v Speaker 1>in his Miranda opinion, cited Brandeis's conclusions from the Jangsun

0:50:40.200 --> 0:50:44.279
<v Speaker 1>case on how any confession obtained by compulsion must be

0:50:44.440 --> 0:50:50.120
<v Speaker 1>excluded and continued quote in less adequate protective devices are

0:50:50.160 --> 0:50:54.799
<v Speaker 1>employed to dispel the compulsion inherent in custodial surroundings, no

0:50:54.920 --> 0:50:58.360
<v Speaker 1>statement obtained from the defendant can truly be the product

0:50:58.400 --> 0:51:03.080
<v Speaker 1>of free choice or enlisted those protective devices a series

0:51:03.160 --> 0:51:06.120
<v Speaker 1>of rights which would soon be administered by law enforcement

0:51:06.160 --> 0:51:09.759
<v Speaker 1>officers all across America in the form of the now

0:51:09.840 --> 0:51:13.600
<v Speaker 1>familiar miranda warning you have the right to remain silent.

0:51:14.200 --> 0:51:16.759
<v Speaker 1>Anything you say can and will be used against you

0:51:16.840 --> 0:51:18.880
<v Speaker 1>in a court of law. You have the right to

0:51:18.920 --> 0:51:21.719
<v Speaker 1>an attorney. If you cannot afford an attorney, one will

0:51:21.760 --> 0:51:24.560
<v Speaker 1>be provided for you. Do you understand the rights I

0:51:24.560 --> 0:51:27.080
<v Speaker 1>have just read to you? With these rights in mind,

0:51:27.280 --> 0:51:30.400
<v Speaker 1>do you wish to speak to me? The Miranda warning

0:51:30.480 --> 0:51:33.239
<v Speaker 1>and other safeguards put in place over the past one

0:51:33.320 --> 0:51:38.359
<v Speaker 1>hundred years have not provided complete protection against coerce confessions.

0:51:39.040 --> 0:51:43.440
<v Speaker 1>The Innocence Project reports that in quote, approximately twenty five

0:51:43.560 --> 0:51:48.440
<v Speaker 1>percent of wrongful convictions overturned with DNA evidence, defendants made

0:51:48.440 --> 0:51:53.759
<v Speaker 1>false confessions, admissions, or statements to law enforcement officials only

0:51:53.840 --> 0:51:57.280
<v Speaker 1>earlier this year. In May twenty twenty four, the city

0:51:57.320 --> 0:52:01.520
<v Speaker 1>of Fontana, California, had to pay a man, Thomas Perez Junior,

0:52:01.880 --> 0:52:06.080
<v Speaker 1>nine hundred thousand dollars after they coerced a confession from Perez.

0:52:06.840 --> 0:52:10.759
<v Speaker 1>In twenty eighteen, after Perez reported his father missing, Fontana

0:52:10.800 --> 0:52:14.600
<v Speaker 1>detectives used extreme tactics to try to get Perez to

0:52:14.680 --> 0:52:19.000
<v Speaker 1>confess to murdering his father. They denied Perez his anxiety

0:52:19.040 --> 0:52:24.000
<v Speaker 1>and blood pressure medications, interrogated him for seventeen hours, and

0:52:24.080 --> 0:52:29.560
<v Speaker 1>told Perez that his dog would be euthanized. Eventually, Perez confessed,

0:52:30.400 --> 0:52:33.319
<v Speaker 1>and then it turned out that Perez's father was not

0:52:33.520 --> 0:52:38.400
<v Speaker 1>even dead. So yes, the problem of forced confessions is

0:52:38.400 --> 0:52:42.279
<v Speaker 1>a pervasive one, but thanks to dedicated lawyers more than

0:52:42.320 --> 0:52:47.040
<v Speaker 1>a century ago, suspects today have more protection than Hu

0:52:47.239 --> 0:52:51.400
<v Speaker 1>Jiang Sung did. Thank you for listening to History on Trial.

0:52:51.840 --> 0:52:54.880
<v Speaker 1>If you've enjoyed the show, please consider leaving a rating

0:52:55.000 --> 0:52:58.000
<v Speaker 1>or review. They can help new listeners find the podcast.

0:52:58.600 --> 0:53:01.560
<v Speaker 1>My main source for this episode was Scott D. Seligman's

0:53:01.560 --> 0:53:05.240
<v Speaker 1>book The Third Degree, The Triple Murder that Shook Washington

0:53:05.320 --> 0:53:09.640
<v Speaker 1>and changed American criminal justice. Special thanks to Christina Chen

0:53:09.760 --> 0:53:13.880
<v Speaker 1>for her guidance on Shanghaiani's pronunciation. For complete bibliography, as

0:53:13.960 --> 0:53:17.000
<v Speaker 1>well as a transcript of this episode with citations, please

0:53:17.080 --> 0:53:23.360
<v Speaker 1>visit our website History on Trial podcast dot com. History

0:53:23.360 --> 0:53:26.840
<v Speaker 1>on Trial is written and hosted by me Mira Hayward.

0:53:27.440 --> 0:53:30.520
<v Speaker 1>The show is edited and produced by Jesse Funk, with

0:53:30.640 --> 0:53:36.319
<v Speaker 1>supervising producer Trevor Young and executive producers Dana Schwartz, Alexander Williams,

0:53:36.640 --> 0:53:40.320
<v Speaker 1>Matt Frederick, and Mira Hayward. Learn more about the show

0:53:40.400 --> 0:53:44.359
<v Speaker 1>at History on Trial podcast dot com. And follow us

0:53:44.400 --> 0:53:48.680
<v Speaker 1>on Instagram at History on Trial and on Twitter at

0:53:48.920 --> 0:53:54.120
<v Speaker 1>Underscore History on Trial. Find more podcasts from iHeartRadio by

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<v Speaker 1>visiting the iHeartRadio app, Apple Podcasts, or wherever you listen

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