“That they were.”
“And there was no one between Cauflyn and the door, was there?”
“I couldn’t say.”
“Was there anyone else in the front of the shop besides you and the offender?”
“No, sir.” Heryd’s voice trembled as much as his hands did.
“So he could have run out the door with the coin box?”
“I suppose so.”
“But he didn’t, did he?”
“No,” replied the felter grudgingly.
“Did he hit you at any time?”
“He wrenched the box from me.”
“But did he hit you?”
“No, sir.”
Pharyl called the felter’s two sons and began to question them. As questioning went on, Quaeryt couldn’t help but note that both were very slight and slender, like their father. Quaeryt thought both of them together might not weigh as much as Cauflyn.
After Pharyl finished questioning the sons, Caesyt began his interrogation, offering variations on the same questions he had with Heryd.
After that, Pharyl called several patrollers, who recounted their stories. Under Caesyt’s questions, they had to admit that Cauflyn hadn’t actually attacked them, which suggested to Quaeryt that the felter’s sons had been overenthusiastic in capturing and holding Cauflyn for the Civic Patrol, before the patrollers had taken him to the patrol station and confined him. That, again, raised the question as to why the strong, large, and heavily muscled Cauflyn hadn’t simply broken free and fled.
“Cauflyn Coersyn, step forward,” ordered Pharyl, who waited until Cauflyn faced Quaeryt before continuing. “Would you please tell the honorable justicer what happened on the night of Samedi, the thirty-fifth of Avryl?”
“I’d been to Sazyl’s, and I’d had a tankard or two. I wasn’t feeling that steady, and I went out for some air. I came back. I thought I was in Sazyl’s. I wasn’t. I picked up this box. Then I realized it was a coin box. For a moment, I thought about taking it. Then I dropped it. Those fellows tackled me and beat me, and the patrollers came and took me away.”
Quaeryt listened carefully while Pharyl questioned Cauflyn again and again, but Cauflyn said little more than he had in his first statement.
Caesyt persisted in trying to show that what Cauflyn had done was little more than disorderly conduct.
When all the questions had been asked, Quaeryt turned to Pharyl. “Your closing statement.”
“Cauflyn Coersyn entered the shop of the felter Heryd, seized the coin box, and attempted to take it. When he saw the felter’s sons coming for it, he dropped it, and they caught him. Whether he dropped the coin box or not does not matter. He took it with the intent of theft.”
“Your closing statement, Advocate Caesyt?” said Quaeryt.
“Cauflyn Coersyn was confused. He likely had stopped by a public taproom or cafe. He went into the felter’s thinking it was someplace else. He took the coin box, then realized it was not his and dropped it. The most with which Cauflyn can honestly be charged is being disorderly in public. He made no attempt to escape, even when he was struck and could have. He struck no one, and there is no testimony here that even mentions assault, and that being the case, I move that the assault charge be dropped.”
“Honorable Justicer…” interjected Pharyl.
“Yes.”
“Cauflyn seized the coin box with force. Use of force in the case of theft or attempted theft is assault.”
“Advocate Caesyt, your motion is denied.”
Quaeryt looked to the patrollers flanking Cauflyn. “Bring the accused forward.”
Caesyt stepped back slightly and then moved beside Cauflyn once he stood in front of Quaeryt. Cauflyn did not even glance in the direction of the advocate.
Quaeryt announced, “Cauflyn Coersyn, this hearing finds you guilty of one count of assault and guilty of one count of theft. You are hereby sentenced to five strokes of the lash and branding on your right hand, followed by incarceration for one to two weeks, at the discretion of the patrol chief. This hearing is declared closed.”
“Honorable Justicer, I request an appeal.”
“On what grounds, advocate?”
“On the grounds that merely holding a coin box and dropping it is not theft. On the grounds that the accused offender took the coin box from a shelf that was easily accessible and not from the felter. As such, no force was applied, and without force, there is no assault.”
“This time, you failed to make your case, advocate. Your appeal is denied.”
The advocate looked stunned. “You’re … deciding … now?”
“I have, advocate.”
“Appeals must go to higher authority, Honorable Justicer.”
“They did. They went from the justicer to the governor.”
“Such arbitrariness is not usually a feature of law in Telaryn, and those who act arbitrarily must answer to the High Justicer of Telaryn. I will be informing him of the particulars of this case.”
“That is indeed your right, advocate,” replied Quaeryt mildly.
“It might be best … for all involved … were I not required to file such a report. The events detailed in such a report might well be construed as illustrating the lack of judicial procedures in the province of Montagne.”
“That is your decision,” replied Quaeryt, before declaring in a louder voice. “This hearing is now concluded. Return the prisoner to custody.” He stood. “Good day, Advocate Caesyt.”
Quaeryt said nothing more until he left the hearing chamber and he and Pharyl were alone in the chief’s study with the door closed.
“You didn’t have to incarcerate him, you know?” Pharyl smiled.
“You know why I did.”
The chief nodded. “So that we can hide him in the wagon and drive him to the river piers some night when no one’s watching.”
“Any man who will commit a crime for a flogging and branding to escape Hyleor deserves at least a chance to get away.”
“He was one of Hyleor’s guards. He’s not exactly the spirit of righteousness or an advocate for the Nameless.”
“No. That’s one reason why it’s not unjust to brand him. Do you think Jubyl knows something … and that’s why Caesyt didn’t try very hard to defend him?”
“That’s possible,” said Pharyl. “It’s most likely that Hyleor was afraid Shannar knew something and would tell the Civic Patrol, and that it would get to you. With Jubyl and Shannar dead, no one else who knows is likely to say anything. If you’d released Cauflyn, he’d be dead before midnight, if not sooner. I’d say he knows too much as well.”
“Sir?”
“You remember when the pimps staged that attack on the flour wagon?”
“I heard of it. I wasn’t there.”
“The one who we captured and held for a while. He said that the attack had been set up by Bennar, who worked for the spicer … The spicer had to be Hyleor.”
“So Hyleor was behind that as well.”
“It’s nothing we can prove in a hearing, but that’s two more dead men and a dead pleasure girl.”
Pharyl offered a sour look, then shook his head as well.