The Trial of Hildmor d'Kridis

[*Mr_Otyugh]

Cratten would signal to speak for this if given chance to, or then pen it down and give to bailiff:

[i]Yer honor, I would like to mention this loan is for unspecified bar for unspecified time. One of these people signing is not even member of Harmonium... this is obviously a doing of individuals that should not be connected to Harmonium. But if it pleases the court, the Harmonium will hereby remove any claiming rights officially to the bar, forbid its members to take any ownership for it and allow mister Khazeet to testify under Zone of Truth spell to the court while we overlook the written testimony. This means he'd be entirely impartial and capable to tell only truth to us all. As for yer notation that we answer for Fraternity, ye're not right. Harmonium answers only to Harmonium, Fraternity answers only to Fraternity. To indulge ye, all Factions are individual organizations and only liable to the rulings of their own, however they act more united because none of us wants to create unnecessary hostilities, and because there's benefit for alliances. My word has greater matter over Harmonium than judge has, that's all I say to not let yer interpretation of my words poison my statement. So when I say he gets full pardon from charges, it means Harmonium ain't driving anything against him, we never prosecuted against him nor brought him to Fraternity, he asked for safe haven and we will provide such to him, I'm certain its safe to say he no longer is part of Fraternity of Order after such actions. However this ain't time for philosophics or discussion whether or whether not the Harmonium has authority, this is trial of Hildmor d'Kridis, I'd prefer we keep to the subject.[/i] [/li]

[*Darkrob]

*Permission is requested to add the following*

"So... you're saying that any offer you've give McStickly holds no actual bearing with the Fraternity or the court, and that the fraternity is still free to prosecute them regardless of your deal with him?

Sounds underhanded and deceitful... as I had first assumed."

(((edited to add)))

[*Mr_Otyugh]

Still Cratten requests permission to speak before he'd mention anything if the previous statement is allowed, then to either speak or give note to bailiff

[i]Yer honor, I would wish to return to the case at hand. Defense can prosecute me later if they deem necessary, I do not stand here to be judged today, Hildmor d'Kridis does.[/i] [/li]

[*Xndar]

The ominous sound of hardened wood cracking on the podium rises above the discussion as the gauth judge interrupts the two lawyers after receiving exhibit B from the defense, speaking in a sardonic drawl.

"Since the two of you have apparently forgotten how a civilized court is run, I will elaborate, as perhaps my previously stated rules were not quite clear enough.

Step 1) The Prosecution (or Defense as the case may be) presents their witness

Step 2) The Witness is questioned by the presenting party without interruption.

Step 3) The Witness is cross-examined by the opposing party or, as in the case of the unfortunate Mr McStickley, the testimony is critiqued in absentium. It is at THIS time that evidence may be brought to bear against the testimony presented, or doubts cast on its legitimacy where logically appropriate. Not during any of the other two steps.

Step 4) Rinse and repeat until the closing arguments.

I will not tolerate any further deviation from this procedure. I will also not tolerate the Defense and the Prosecution addressing each-other of their own initiative. If you have something to say, you will address the court and wait for its reply from hereon out.

The court will hear the testimony of Khazeet, unless the defense has unflappable evidence that the Harmonium prosecution has actively and directly coerced a false testimony from the witness, such as a sensory stone recording said event. After the testimony has been given, you are quite free to question the witness with regards to this business loan. This witness, and all that follow him in this trial, will be subjected to a Zone of Truth spell; and if any attempt is made to resist its effects the testimony of said witness will immediately be ruled inadmissible."

[*Darkrob]

*passed to the judge via the Bailiff*

Your honor... the Prosecution still has not produced the requested Fraternity permissions for prosecutional immunity for the previous witness yet still wishes to bull charge right into the next. Might I request the court to ensure the previous witness, and all the angles attached to him, be exhausted before moving on to a new witness?

[*Xndar]

Plargh eyes the note with a grunt

"Very well, the prosecution is hereby requested to provide the court with any records that pertain to the testimonial negotiations with Mr McStickley. These records will be made available to the defense unless the prosecution can provide me with a compelling reason why this should not be so. Although not strictly legally mandatory, the Harmonium's cooperation in this matter would be appreciated and will serve to strengthen the court's confidence that the prosecution has done its due diligence in the collection of its evidence."

[*Ozzimandias]

Most people present didn't notice or even bother the little Kobold who was in the crowd to observe the court. ((just saying, Tinkeen is here and listening...))

[*Mr_Otyugh]

"Of course yer honor, I have the documents of McStickly available as they were to be given after trials, ye may copy it as this is the only version at current time.

As for yer request to make me verify 'previous' witness, I might add that the to become witness is directly involved in the testimony as I have mentioned already."

I, Cratten Erroc, hereby grant full pardon of charges placed upon Evrin McStickly by Harmonium. He, Evrin McStickly, will be provided a safe house in chosen location of Harmonium and granted new identity to protect his person from possible retribution attempts. In return Evrin McStickly hereby agrees to testify in Court of Law.

- Cratten Erroc
Mover One of Harmonium

[*Darkrob]

*Charles looks over the paper from Cratten and then looks over some forms he takes from his case. Then, once granted permission to speak he stands and looks at the papers while he talks*

“This is a very generous offer the prosecution has sold to the witness. It covers pretty much everything the witness would require but I did notice the lack of a Fraternity judge signature.”

*Walks up to the bench and places a file on it.*

“This, your honor, is a copy of the trial docket, which I’m sure you’re acutely aware of. In it is described all the steps of the trial planning process up until this point. As you can see, the Harmonium had asked, in an official capacity, for the Fraternity to issue warrants for the witnesses’ arrest. This officially started the legal process involving McStickly. It officially cemented legal jurisdiction to the Fraternity. Then, without informing the Fraternity, without requesting permissions to dissolve the warrants or negotiate deals on their legal behalf… Officer Erroc nullified them.

Your honour, it is no secret that the crimes McStickly was accused of occurred in this very cityÂ… perhaps even this very courtroom. It is lawfully known that all legal matters of the city, those that occur specifically here, are under the direct jurisdiction of the Fraternity of Order. This is accepted by the people as legal and correct. It ensures the other two branches of Order and Justice do not imbalance the word of law and create public inconvenience. But what we have here, right now, is a Harmonium officer ignoring that jurisdiction. We have a Harmonium officer acting outside of the jurisdiction of the fraternity of Order within the City of Sigil. PerhapsÂ… if they had simply tracked down the man and detained him until such a time as they could confer with the courtsÂ… it might have been acceptableÂ… seen as a minor oversightÂ… but this late in the process of law, it cannot. They officially involved the Fraternity when they requested warrant. They cannot simply ignore the rest of the process once the trigger is pulled.

The Fraternity of Order is the keeper of laws in this city. They are the keeper of laws in this court and they are the final say in matters pertaining to law in all of Sigil. McStickly is one of their own. He betrayed their trust. He betrayed their courtsÂ… he betrayed their law. Yet this Harmonium officer would shrug off that betrayal and grant McStickly a pardon, a clearing of conscious and spirit him away to an unknown location to escape the lawful judgment of the very faction the Witness proclaimed to uphold.

If the Harmonium were permitted to offer pardons at will, pass judgments and forgiveness if you will, all without Fraternity input or guidance, whatÂ’s to stop them from simply ignoring the lawful courts in the future? WhatÂ’s to stop them from simply becoming the judgesÂ… interpreting the law as they see fit and ignoring the lawful courts of the Fraternity while they pardon offence on whim? Allowing them to do so now would set a very dangerous precedent for the law of this city. It would give the Harmonium all the permission they require to ignore the will of law and the very will of the lawful courts of the Fraternity of Order, in the city of Sigil. They must not be permitted to usurp the lawful jurisdiction of the fraternity of Order.

Therefore it is the defenseÂ’s opinion that the Prosecution acted unlawfully when they offered the Witness a pardonÂ… brokered a deal with him in return for testimony, all the while not legally being permitted to do so. Not legally being able to protect him from the courts of law the Witness betrayed. If the courts permitted this testimony to stand they would be inviting such instances to occur in the future. They would be inviting otherÂ… mistakes and errors in collecting evidence to standÂ… making a mockery of the Fraternities legal jurisdiction in this city.

I ask the court to make an example of this error. To show the enforcers of order that they are not above the law and that they cannot incite testimony by using unlawful means. I ask that the courts invalidate this testimony on the grounds that it was unlawfully obtained through illegal and dishonest means.

[*Mr_Otyugh]

Cratten would wait for permission to reply, or give a note to bailiff

[i]Yer honor, This has nothing to do with the trial against Hildmor d'Kridis, which I might remind all we are in at. The defense is trying to turn this a dispute between Harmonium and Fraternity of Order. If anything the defense has thus proved that my witness is reliable by trying to deem my words "misleading" to give "false security" to the witness... if this is the case, I might add that it only gives implication that even the defense admits the reliability of Evrin McSticklys witness statement, or he wouldn't work so hard to try to undermine it, thus I request that any implications of seeming "mental health" issues affecting the reliability of statement to be removed from court notes. We have already went through the matter of jurisdiction of Factions and the motivations of co-operation which do not imply direct control over individual faction matter. Now can we finally get back to the accused?[/i] [/li]