贴几段法庭上的细节
来自XIXIAO GUO的“The Anticlimax of an Ill-starred Sino-American Encounter”，发表在Modern Asian Studies 35, 1 (2001), pp. 217-244。链接：外链出处
By an order of the Commanding General, 1st Marine Division(Reinforced), a general court-martial was convened at the Fifth Marines Headquarters in Peiping. Among the seven American officers of the court, five were empowered to act. As the judge advocate, Lieutenant Colonel Paul A. Fitzgerald was to represent the prosecution. The Chinese had no say except as witnesses. Shen Chung was to be the prosecutrix, not the plaintiff. Her legal counsels could do nothing but observe the trial.
Pierson, as the accused, had two counsels, Lieutenant Colonel John H. Masters and First Lieutenant Stanley E. Kramek, who would represent him, examine and crossexamine the witnesses.
The audience was restricted to Shen Chung's father, her brother-in-law, Hu Shi, two of the legal advisers, a representative of the Peiping Police Bureau, and a dozen Chinese and foreign reporters. Among the 27 witnesses, 12 were Chinese, none spoke English.During the trial, the American court, the judge advocate, and the counsels of the accused communicated with the Chinese witnesses through translators.
沈崇不是原告（plaintiff），代表她的是官居judge advocate的Paul A. Fitzgerald，她的两个法律顾问在法庭上不能发言。Pierson有两个律师，帮他向证人问话，显然这两位是可以发言的。法庭上从始到终用英文，中国的12个证人没有一个会讲英文，他们的话都是被翻译过去的。
The trial lasted from 17 to 22 January.The accused made no statement that Pierson had known Shen Chung prior to the incident or that Shen prostituted herself. Pierson did not even testify. Shen Chung, on the other hand, insisted that she had never seen Pierson and the other marine until they abducted her, and that none of them mentioned money.
Other facts established by the court included (1) from about 8:30 to 10:30 p.m.that evening Pierson and Shen Chung were out on the Tung Tan Polo Field; and (2) during this period intercourse took place between the two.
Pierson根本没提他之前认识沈崇的事情——而他在以前的口供里提到过，美联社也是如此做宣传的。
Richard I. Nowak, a witness called by the defense, said that Pierson had been drinking from 4 p.m. to 8 p.m. at the Manhattan Club on Christmas Eve. He was 'a little bit drunk,' Nowak said, and when he walked 'he staggered a little bit.' Alvin W. Goldsmith, a marine MP on duty that evening, told the court that about 11:15 p.m. Pierson stopped his jeep and told him 'the Chinese police had taken his girl from him and he would like me to get her back for him.' At that point, Goldsmith noted, Pierson was 'intoxicated' and his manner was 'loud.'
美方证人拼命想减轻Pierson的罪行，前后一致地都说他喝高了——尽管在寒风中吹了三个多小时，到了11点多，仍然没清醒。Alvin W. Goldsmith在这里说谎，Pierson找他的时候说了"he would like me to get her back for him"了吗？！
About the fact that the Pierson and Shen Chung stayed 'on that cold inhospitable parade ground for a period of about three hours and have intercourse two or three times,' the defense counsel Masters attributed it to 'a primitive urge that is as old as man himself.'This called attention to the corporal's long-term foreign service since July 1941; it implied that the US government was somewhat responsible for the situation.
律师的借口之一：Pierson服役时间太长了，有五年多了。
Yet his demeanor, as two members of the court, Major Charles J. Bailey, Jr. and Major Frank H. Vogel, observed, 'suggested that he was dull and slow witted.' The two members apparently suggested that the combination of low intellect and the sexual want caused by prolonged abroad service explained Pierson's behavior that night. Among the reasons that they listed for clemency were his drunkenness, slow wit, previous good character, and protracted overseas service.
借口之二、三、四：喝醉了，笨，以前是好人。
Shen Chung,‘plain,'‘fairly husky,' yet richly dressed in a fur coat and fairly articulate in her testimony, projected an image of a maiden from a privileged Chinese family.
The marine court showed no interest in ethics; yet it closely examined Shen Chung's financial situation and apparently accepted her as a 'sheltered' girl who had no need to sell sex for money. For reasons unknown, neither Pierson nor Pritchard testified. Their previous statements to the marine police were not mentioned at all.
Thus Shen Chung was the only one who gave a full account about what happened between the two marines and her. In vivid detail she related how Pierson forced upon her, how Pritchard helped him to subdue her, and how she resisted, though eventually failed.
Pierson在法庭上根本没提他之前作口供的时候说的：“沈崇是妓女，他们之间商量好了价钱”之类的话。为什么呢？“For reasons unknown”。可以想象，沈崇的法律顾问憋足了劲儿要证明Pierson之前的口供为假，然而美方的策略是认罪（闭口不提以前的Pierson口供），然后找各种各样减刑的理由，让沈崇这边打过去的拳头，没处着力。
On the fifth day of the trial, the court found Pierson guilty of rape. It sentenced him 'to be reduced to the rank of private, to be confined for a period of fifteen (15) years, to be dishonorably discharged from the US naval service, and to suffer all the other accessories of said sentence as prescribed by Section 322, Naval Courts and Boards.'
After the verdict was announced, Hu Shi and his two legal advisers, 'pleased that they had won the case, shook hands with one another.' The KMT government now gained what it needed to quell the agitating students. Although the verdict was subject to the final approval of the US secretary of the Navy, the Chinese were momentarily appeased.
结案。KMT government认为它是最大的胜利者。
这篇文章的材料多是来源于《Record of Proceedings, Case of William G. Pierson》，应该就是谢泳说的那份《美国档案》吧。
前后两次给沈崇做检查的那位美国军医，Percival Clark，文中倒没有提及。猜测法庭上把大部分时间花在怎么才能给Pierson减刑上边。
本帖一共被 1 帖 引用 (帖内工具实现)
