Eston/Court Proceedings/Trial of the Black Duke of Massillion

My initial contact with Kahoolie:

So the Black Duke comes home. you are the first test of the court system so you should be proud of yourself.The Attorney for the defence is Sezu and the prosecutor is Maroune. Anything you want to say, tell me and I will relay it during the trial. I have insisted that you get a fair trial.

The only comunication recieved from Kahoolie:

Your prisoner Kahooli has sent you a letter:

Black Duke? Oh well, I would not be the first TithOnanka that is misunderstood.I have explained my actions to several in the past. I wanted a shot for glory for Eston, but its counsil decided to settle for mediocrity. I offered to return all region to Eston, if some humane requests were met, and I was answered in brutal atrocities against innocent civilians. Maybe you should speak of a Black Eston Counsil, instead of a Black Duke. All I ever done was look after the best intrest of the citizins I swore to protect. Anyone saying the contrary never really knew me.Since my quest has become one of solitary, it has become a fatal one. If you don't care how I die, then show me the curtosy of a warriors death. Let me die in Norland, so I can take as many Vikings with me as I can. I already have some deathduels sceduled, and I will continue till all Norlanders are dead, or untill I am no more.

Pre Trial:

Maroune is the prosecutor, Beziel is the defence.

Jurors are Lyonesse,Toran,Shirio,Kanin,Shephard,Dead Angel WG, Artemis Entreri.

Alternet Jurors are Daphne,athena, and Liliandra

King Andrew and I have to be kept informed of the workings.

If any of you do not want to be involved now is the time to say..

Attorneys, if you have objections to any juror address the objections to the King, the other attorny and me.

The trial of the black Duke must commence at sunrise! Lord BezielI am sorry I cannot give you any more time that this but we cannot hold him much longer... Jurors be ready I would suggest you have at least two count votes.

Beziel Vlakider sits at the makeshift defense table, papers strewn out in front of him. His current appearance is motley at best, what with his unwashed hair pulled back and tied by a leather strap, his washed and shaved face already dirtied by a shadow of his former beard and scars from previous battles, and his velvet clothes dirtied by the mud of the outside streets.Despite his apparent concentration at the papers in front of him, Beziel continued to steal troubled glances at Marouane.

"This will be a tough case..." thought Beziel, "a tough case indeed."

Clearing his throat with the mug of ale in front of him, Beziel stacked the papers in front of him and stood up.

Dear King Andrew, High Priest Christofer, Prosecuter Marouane, Defense Attourney Sezu, ladies and gentlemen of the jury and alternate jury, I have come here to defend Kahooli, the Black Duke of Massillion, former King of Eston and man who no doubt should require any form of introduction as I have given him. The charges that have been levied against him are simple:

High treason by seceeding an entire duchy from Eston and therby causing us to lose the war.

I argue my case on a few points.

Firstly, from a purely legal standpoint, no law was broken. Look upon our Judge's bulletin and our Realm Laws. There is no law that a Duke, when acting in the interest of the people he is charged with protecting, may not choose to seceed from the realm he feels is hurting it. We have laws that state we must obey orders and that we can not loot or hang rebels, but from my studies there is no law that one can't seceed from the realm.

Secondly, and in continuation of the last point, we are left with common law, or the law of the land. These are our unwritten rules which help us govern ourselves. It's our "honor", if you will. This is something which no doubt Kahooli did break. He broke our trust as fellow nobles, and he broke the trust of Eston. However, is it truly a testament to our "fair" judicial system that we put a man to death for destroying his own honor and breaking an unwritten rule? If the choice be mine, I say we allow him to do as he wants and send him to Norland to duel to the death, so that he might regain whatever honor he has left.

Thirdly, did we really lose the war because Massillion was seceeded? This is an important point because half of the charge lies with this statement. Let's review the charge: High treason by seceeding an entire duchy from Eston and therby causing us to lose the war. Allow me to pose the question again; Did we really lose the war because Massillion was seceeded? It certainly brought the war to a swift end, but from the battlefields I was fighting on I would certainly say we were losing that war long before Massillion was ever seceeded. The Massillion secession was a scape-goat, the blame for the loss of our regions to the vikings cast upon the Duke who happened to be tired of our war and conveniently left us. Speaking from my time on the council, I can tell you that peace agreements were being sought from when I was still Arch Priest! To clear my point up, as I know I am prone to ramble, we were already losing by the time Massillion seceeded. The idea that the Massillion secession caused us to lose is, in my mind, folly beyond relief.

I realize that my arguments and points are convuluted, and I blame this on both my head injuries sustained in the war and on the short time span I was given to prepare a defense for Kahooli. Therefore I am left to beg you, jury members, to only deport him. He served Eston well during his tenure here. It was no power trip or greedy motive that caused Kahooli to seceed his Duchy, but the fate of his people! We had fought that war for almost a year, and I assure you that even I tired of it. Imagine how a peasant feels, who only wants to see his family grow up in a peaceful time. Kahooli simply placed his ear to the floor and listened to what the servants whispered.

It's a shame what happened to Fiddleford and the other regions. My heart aches for what we lost, but I do not blame Kahooli. I do not blame the Council, who I know worked as hard as they could to bring the war to a successful conclusion. Ladies and Gentlemen of the jury, we fought three realms at once and we are still standing. There is no one to blame because of that fact, only people to thank! And just as we are standing, let us also keep our honor and justice standing and only deport Kahooli.

Thank you for your time.

Beziel looks down to the floor and appears to ponder for a moment, before taking his seat and gazing expectantly at Marouane.

Marouane sat in his chair quietly, seemingly uninterested, as Lord Beziel spoke to the Arch Priest and the jury. Not once did he lift his head to look at the people in the room, as he twiddled his thumbs, filed his nails or toyed with the tassel on his dagger hilt.

But as soon as Beziel had closed his plea and sat down, Marouane veered up from his seat. Slowly, he walked past the accused Black Duke, staring him dead in the eyes. The room was so quiet that the sounds coming from down the road were heard.

Marouane approached the jury and started his plea.

My King, Honorable Arch Priest, ladies and gentlemen of the jury, people of Eston,

I stand before you today to take on the role of prosecutor in the trial of Kahooli, former Chancellor of the illegitimate Democracy of Massillion and former King and High Marshal of Eston.

As former Count of Malor and Marshal of Massillion, Kahooli’s treason struck me like a dagger in the back. Not only did he turn the citizens of Massillion and its vassal regions against their Estonian brethren, he also cost us the war. Although it is true that Eston was not in a good position at the time of the seccession, Kahooli’s acts ruined whatever little chance we may have had to turn the war around. After we lost Massillion, Agnilar, Malor and Tintar, Eston was no longer able to continue the war, and we found ourselves forced to sign peace with the people who slaughtered thousands of Estonians and ravaged our Kingdom. That alone warrants an execution.

But it seems betraying his comrades was not enough, as Kahooli offered sanctuary to willy, who sought after the assassination of the Arch Priest, and quite possibly the King himself as well, solely for the purpose of usurping Christofers position. Willy betrayed the people she once ruled for her personal, megalomaniac agenda, and Kahooli accepted that betrayal, as he offered refuge to this deranged lunatic.

And as if that wasn’t enough, Kahooli had the audacity to demand the existence of the Democracy, claiming that Massillion could be an ally to Eston. An ally to Eston, the realm he betrayed and backstabbed! Kahooli wanted to continue the war with Norland, a war which was not ours to fight to begin with. Because of Kahooli, willy and their predecessors on the Throne, thousands upon thousands of Estonians, both peasants and soldiers, found death, including some of our Nobles. Daskrieth, Gorloth, Boldur, Nathaniel and Savage all died, because the former rulers of Eston broke their word towards Norland. I had to bury Kyra, my baby sister, because of the arrogance of Kahooli and his predecessors. Many of you have lost family and friends, because Kahooli and his predecessors were arrogant enough to believe that they were above the Code of Honor that befits any noble, from freeman to royalty. Countless more soldiers and civilians of Talerium, Norland, Minas Ithil, Ash Sea Islands and Barony of Makar have paid with their lives as well. And all because of the arrogance of a few men and women.

I believe that death is too lenient of a punishment for this traitorous snake. A man who would fall that low should have to face the shame that comes with his actions, for the rest of his miserable days. Therefore, I ask that his life be spared, and that he is deported to a distant island to live in exile until he is buried in an unmarked grave. I also ask that wherever he may seek a new life, the relatives of the Eston nobility let no opportunity unused to confront Kahooli with his past, so that wherever he treads, he will be branded as the traitor he is. Maybe then he will realize the evil of his actions.

As for his ridiculous request to visit Norland and duel our new friends to the death in order to take down as many of them as he can… attacking Norland is equal to attacking Eston at this point. And how would you expect them to react, if we allow a madman loose on their troop leaders?

This being said, I will now step back to let the jury decide on Kahooli’s fate.

As the opening arguments cease a low rumble courses through the courthouse. A faint draw and quarter him can be heard from a namless warrior in the back of the room.

Artemis Entreri stands up and shouts questionably....'Thats it???? Where is the evidance? Proper court hearings need evidance to prove each of your theories. All I hear is Thge Black Duke did this, The Black Duke didnt do that, he did this, he did that.' Its all he said/she said right now. All I know for certain fact is Kahoolie deserted his realm in the time of war. Wether the war was going good or going bad...he STILL DESERTED ****SLAMMING HIS DAGGER INTO THE RAIL, FORCING JUDGE CHRISTOFER TO THREATEN CONTEMPT*** bowing to the judge and giving many apologies to the judge, His Majesty and the jury. My point is the only fact that I know for sure my lords and ladies is he deserted in time of war. Give me reason and PROOF as to why I shouldnt vote to have his entrails burned,

Upon hearing the outburst Beziel fidgets in his seat in attempts to regain his bearings. After a few moments he stands again and addresses Arch Priest Christofer

Arch Priest Christofer, I apologize if I am to forward as to assume that I can address the jury once again, but I hope you'll grant me this one favor.

First of all, I was not aware that the burden of proof was on the Defense's shoulders. When I was Lord of Fiddleford and I presided over my people, I did not leave it up to the chicken thief to prove he did not steal the chicken, I expected the person who it was stolen from to prove that the chicken thief stole it.

Beziel now turns towards the jury and specifically looks at Atremis Entreri. Secondly, what more proof do you expect me to give you? Proof that it was not, in fact, Kahooli who seceeded his Duchy from Eston? Do you truly expect me to stand behind that sort of argument? Pardon me, Juror Artemis, if I still have portions of my brains still hanging around in my head. No, you say you want proof that he shouldn't be killed. Again, I ask, what proof is it that you are looking for? The best proof I can offer is the proof I offered the first time, which if you didn't spend so much time cleaning your dagger so that you could make such a spectacular arse out of yourself you may have heard-

1.) There was and is NO LAW that Kahooli broke. 2.) The only Law Kahooli broke was a common law, ie an UNWRITTEN LAW that we as Nobles follow. 3.) It is my belief that this court system, which is a magnificient idea, would be damned from the start if we punished someone to death for breaking an unwritten law.

If you want any more proof than I must say that I am at a loss.

Beziel finishes speaking and walks calmly back to his seat. With a flourish of his cloak he takes his seat and awaits the next proceeding.

Juror Shirio respectfully asked the court

Before I will cast my vote I would like to know a little more info: A). When willy tried to assasinate that one guy (forgive me for not remembering who) was she convicted, if so what was the conviction, and if there was one was it fully served? B). When Kahooli housed willy was willy still in trouble and did she have unserved sentences at the time? C). Is it written down that it is a crime to house a person who was possibly in trouble with the laws of another realm and/or possibly had unserved sentences from that other realm?

When I get these answers I will contemplate my decision.

Prosecuter Marouane answered:

A) She was convicted and told to leave the realm since she could not be banned (Royalty status), at a penalty of 250 gold per day she remained in Eston. B) Apart from the fines, willy had no sentance to fulfill, yet that was not my point. This trial is not about willy's plot to assassinate Christofer. My point was that Kahooli offered her sanctuary. C) It is not.

From Beziel:

Aye, the defense confirms part of what Marouane just said. Willy had no sentence to serve, and there is no law preventing someone from seeking out "sanctuary" in another realm.

Of course, I do have a contention with the prosecution's allegation that, quote, "Kahooli offered her sanctuary."

Sanctuary from what? As you said yourself, Marouane, willy had -no- sentence to fulfill, and she was forced to leave Eston. The logical and quickest choice was to join in Massillion, which met the punishment's demands. Why are you attempting to punish Kahooli for something we sentenced willy to do?

Marouane's retort:

The only reason willy was not banned is because of her status. If she had not been a Royal, she would have been banned, and most likely executed upon capture. Kahooli took her in, which is odd since he kept claiming he had Eston's best interest at heart when he secceeded. I don't think offering a traitor sanctuary, and later on government positions and regional titles, is keeping Eston's best interest at heart.

Beziel laughs as he hears Marouane's response and gives a smile to the jury. Returning his gaze to Marouane he retorts loudly

"So would you like to explain to me where in the charges is your point? The last time I read them we were charging Kahooli with High Treason for seceeding his duchy and making us lose the war. Are we truly going to add another unwritten 'law' to the charges? Keep in mind that you're adding this charge of offering sanctuary to willy halfway through the trial. I truly believe that if you win this case because of these allegations it would only prove to set a dangerous precedent in this courtroom."

Beziel now addresses the whole courtroom.

"Imagine, if you will, everyone, a court case against someone such as yourselves. Now imagine if the prosecution were charging you for a "law" you broke that is not even listed in our code of laws. Please continue imagining and let us see the prosecution -adding- more charges to make their case for your head even heavier. Do you all realize that if you punish Kahooli you will be doing just what I've laid out? If so, I pray to my gods you never get entwined in our Estonian 'justice'."

Marouane, visibly annoyed by so much lack of attention on Beziels part, approaches the jury again.

Lord Beziel, it seems your memory is shrouded. I advise you to stop whatever it is you're doing to cause this, so that next time, you remeber my full plea.

Kahooli's sanctuary to willy was the second point I addressed.

Marouane approaches the bayliff and grabs a piece of parchment and a pencil.

I'll help you, Beziel. I'll write a short synopsys of my plea. Keep it closeby, so that I won't have to stand up again to help you remember what I told you five minutes ago.

Marouane writes the following down:

-High treason: Turning the citizens of Eston against eachother. Taking away roughly a quarter of Eston's economy, so that Eston was unable to continue the war. -Harboring a traitor: Willy sought to assassinate the Arch Priest, possibly the King as well. Kahooli took her into his realm. -Contempt for the King: Offering to continue the war, which he just caused Eston to end with a defeat. Also, see point above.

Marouane walks over to Beziel and tosses the parchment in front of him.

Memorize it.

Now, as for your ridiculous argument regarding unwritten laws.

Marouane pauses, as if he is pondering his next sentence. Suddenly, all within a split second, Marouane draws his dagger, jumps forward and puts the blade half an inch in front of Beziel's face.

There is no written law against murder. What say you, Beziel, shall I kill you, walk away, and kill the jury as well? Maybe I could slaughter everyone in this room, go home, have a good night's sleep, and kill some more in the morning.

Marouane sheathes his dagger again.

As you see, this is quite a comical attempt at defending the accused. I must also point out, that in his time as Judge, Beziel never found it necessary to write down the laws of Eston, and neither did Willy. Lord Christofer has not been in office for long, we should give him some time to compensate for the complacency of former Arch Priests.

And why should he even bother? Does it not speak for itself that high treason is a crime against Eston? Or have we grown so dependent on others to decide for us, that we no longer can decide for ourselves what is a crime and what is not? That is exactly the kind of mindset that plunged us into this war in the first place. Nobody questioned our former rulers, as they broke their word and triggered a war that left thousands upon thousands of people dead.

Marouane turns to Beziel.

I rest my case.

Christofer from the bench bangs his gavel and says

Maroune, any futher outbursts of that nature and you will be in contempt of court and have a 25G fine placed against you.

Beziel again smiles at Marouane and stands to take his response.

"Marouane, I must commend you on your prosecution. For what it's worth, you've made an admirable effort creating a case out of literally nothing. And as for your little threat escapade, if you so feel the need to take blood upon your knife feel free to take mine. I have naught to live for since Fiddleford was taken from me. You can not scare me, Marouane, as I was bathed in the blood of my comrades and enemies while you were still suckling your mother's tit."

"In regards to your statements, I do not answer to the charges you have laid before Kahooli. I only answer to the charges that our Arch-Priest has laid before Kahooli, which he will, I'm sure, confirm were the very charges that I spoke of in my opening arguments. Your charges are yours alone, and are not to be tried in this courtroom, as the last time I checked you are merely acting on Arch-Priest Christofer's part as an attourney."

"My argument may seem ridiculuous to you, Marouane, and that's why I feared taking this case. For many of you, jurors included, it seems like a ridiculous case to defend. Kahooli is a traitor, I admit it. But we must , and I cannot stress this enough, we MUST distinguish from written law and common law."

"I'd also like to take time to address Marouane's assessment of my tenure as Arch-Priest. Yes, I did not take time to codify common law as written law, this is a fact. However, circumstances have certainly changed from those times. For example, and I'm not sure if you've noticed this, Marouane, but we didn't have a court system when I was Arch-Priest. I, and as much as I hate to say it, was the law, deferring only to our King and Queen. There was no need to codify the laws because I only acted within common law."

"However, we now find ourselves in a court room, with proceedings, positions, and most importantly the chance to secure the rights of the defendent. This is a hard choice, I know. In my family I am the most concerned with honor, I have always taken a strong position against infiltrator's and the like, people who strike from the shadows and have no courage to face a man in the eye when they kill him. Because of my distinction in this region of my personality, I would gladly swing the executioner's axe on Kahooli for his treacherous deeds if we were still able...however...it was deemed by the Arch-Priest that I defend him, and most importantly, that I help ensure justice is served."

"So what is it that I feel is justice? I feel that justice is blind, impartial, and ensures that just treatment goes to all. Can that possibly happen if we are allowed to prosecute on unwritten laws? No! Do I believe that, because of our court system, we should codify the common law? Yes! Let us learn from this! Let us move forward and become a just realm that prosecutes solely on our feelings. I feel betrayed, yet I will argue to my death that Kahooli's life, due to the current circumstances of a court room system should be spared."

"Now Marouane, if you so choose to distinguish me with a response, I hope it will be one argued from the head, rather than the heart. The heart may bleed, and it may be the source of our strength, but it is our heads that must be used to decide this case, whether we like it or not."

Beziel steadies himself on the defense table, obviously winded from his oratory attempt. Reaching again for the glass of ale and taking a swig, Beziel turns and sits himself.

Marouane stands up, as Beziel is still leaning on his desk.

Beziel, you misunderstand me. I have no desire to kill you, if I had, you'd be dead by now. I was merely trying to demonstrate that according to your logic, I could have killed you, and continued pleading my case as if nothing happened, since there is no written law against murder yet. I can agree that this case should be an incentive to write down the laws, but I will not allow Kahooli to walk freely because of this. As you said, he is a traitor. He betrayed his King, his vassals and the people of Eston. Can you imagine what the common man in the street would feel, if this court allowed the man who betrayed their trust to simply walk away and start a new life, as if nothing happened? Kahooli must serve as an example for everyone who harbours thoughts of betrayal.

As for the charges laid down against Kahooli, I think I can settle for high treason. Contempt for the King and harboring a traitor... those charges would not add much to his sentancing anyway, should he be found guilty of them. Maybe I'll call for a separate case to try him for these additional charges once this is out of the way.

Now, as for the punishment... I do not want Kahooli dead anymore than you do, although our reasoning behind that is different. I do want him to know for the rest of his life, that he has betrayed the people he swore to serve. If he is allowed to simply start a new life, then this court is a mockery and a waste of time. I think everyone here can agree that there is a difference between a 'simple' crime, such as theft, and crimes against the Kingdom, such as high treason. Kahooli has already victimised one hundred thousand people by betraying Eston. Do we want to victimise them again by letting Kahooli slip through the loopholes of the law?

There is a simple solution to this loophole issue, by the way. Write the law, and instate it with retroactive force. It is a common practice law exectution, and it will allow for us to sentence Kahooli according to the law, as you seem to desire above all else.

Beziel leans over the desk and folds his hands, looking straight at Marouane.

So it is settled, now. We both believe that Kahooli should not be executed. It is good to know that we have found some stable ground to agree upon.

I would also like to make it known that, as the defense attourney, I am willing to settle for Banishment and/or Deportation. When I came into this trial I came in with only one goal in mind, and that was to save Kahooli's life. Seeing as how this goal was accomplished, I turn my eyes now to the larger problem of what precedent this case will set.

At the same time, I want it acknowledged that Kahooli is not found guilty of Treason based on these "loopholes." Like it or not, sentencing the man based on common law sets a dangerous precedent that we must try, nay, merely must avoid at all cost.

Thank you. Beziel leans back into his chair and allows the trial to continue.

"LADIES AND GENTELMEN OF THE JURY

as most of you were here during the times stated and due to the short time have to finish the procedures I will allow you, during your deliberations, to bring in your personal accounts among yourselfs.

Jureors are: Artemis Entreri, Dead Angel WG, Kanin,Lyonesse,Shephard, Shirio, and Toran.

The others are alternats and cannot vote even though they may take part of the deliberations.

it is now up to you to deliver the verdict of guilt or innocence for the Black Duke Kahoolie and you may also recomend a punishment though I reserve the right for final say on that end.

please begin your delibeations and you should have one spokesman but two persons who count votes. a unanimous verdict is not needed but a majority will suffice. it is now in your hands."

After the vote was counted and recounted the balif takes a parchment from the jury foreman and hands it to High Priest Christofer

"Lords and Ladies, the count is in

2 Not Guilty 4 Guilty 1 Abstaine

Kahoolie the Black Duke has been found guilty of High Treason and now I must set the punishment.

The death penalty will not be given, this is in consideration of the years of service Kahoolie has given to Eston, also he needs to be reminded on a daily basis as to his actions of the past.

WE could let the ban stay in polace and just let him roam Atamara, this will not work because someday he may come to power again and then we would have to face him once more.

We will deport him to the Colonies where hopefully the bordom will cause him to consider his actions of the past and perhaps by chance seek salvation for his actions

These procedings are now over..."