‘He has a right of defence before being judged guilty or not.’

Eadulf raised a shoulder and let it fall in an expressive gesture.

‘Deaf, dumb and blind, Fidelma. How can one communicate with such a being in order to find out what defence they can present?’

‘If there is a defence, I shall find it. But he will not be condemned without a fair trial. On my oath as an advocate of the laws of the five kingdoms, I shall ensure it.’

There was an awkward silence and then Eadulf asked: ‘Is there really a law imposing penalties on anyone who mocks the disabled?’

‘I do not make up laws,’ Fidelma replied stiffly, still irritated. ‘Heavy fines can be imposed on anyone who mocks the disability of any person from an epileptic to a lame person.’

‘It is hard to believe, Fidelma, even though I had studied in this land of yours, I am still a prisoner of my own culture. In our society we recognise that man is a cruel creature and that God often ordains him to live short and brutish lives. It is in the holy order of things that, in the violence of nature, man has a violent path.’

Fidelma stared at him in surprise.

‘You have seen the alternative in our society, Eadulf. You surely do not believe that the Saxon way is the only way?’

‘Any way is only transitory. Life is subject to sudden change. On every side there is pestilence, famine, oppression, violence from personal or political enemies. We resign ourselves to the dispensation of the inscrutable will of the Father in the heavens where all our security lies.’

Fidelma shook her head.

‘Time to argue such a philosophy later, Eadulf. Our laws and the way we conduct our lives is surely an argument against the manifold misery of life you accept in your land? But before we debate the subject, there is this matter to be resolved. And it is a difficult one, Eadulf, and I need your support. Once I have gathered the evidence, and if the blame does lie at the door of this unfortunate then I will have to decide whether he has any legal capacity in law. Such a disabled person is not subject to distraint and one has to act against the legal guardian. So we must discover who is the legal guardian of this creature, Móen. Ah,’ she paused and rubbed her head, ‘I must try to recall the words of the text Do Brethaib Gaire …’

‘What is that?’ demanded Eadulf.

‘On the judgments of maintenance which is a tract on the kin’s obligation to care for its incapacitated members. The first part deals with the care of the deaf, blind and dumb.’

Eadulf was always bemused by the Irish laws of compensation to the victim and their family even for murder. In his land of the South Folk, the death penalty was enacted even for thieves and those who harboured and supported them. Murderers, traitors, witches, absconding slaves, outlaws and those who protected them could be hanged, beheaded, stoned, burnt or drowned, while lesser penalties consisted of mutilations; the cutting off of hands, feet, nose, ears, upper lip or tongue, even blinding, castration and scalping as well as branding and scouring. Eadulf knew that the Saxon bishops preferred to mete out the punishment of mutilation rather than death for it gave the sinner time to repent. But these Irish with their refusal to accept the satisfying concept of revenge but who talked of compensating the victim by putting the wrongdoer to useful work … well, it was humane but he often wondered whether it was an appropriate justice.

A call halted them as they passed around the grey granite of the hall of assembly.

It was Dubán hurrying after them. There was still a degree of hostility in his eyes but his features were more controlled.

‘I have given orders to Crítán to carry out your instructions, sister. Móen will be made presentable for your …’ He fought for the right word. ‘To your sensibilities.’

‘I had no doubt that you would do so, Dubán,’ Fidelma replied quietly.

The elderly warrior frowned, trying to detect what hidden meaning might lurk in her voice. However much he was affronted by Fidelma’s criticism, he had apparently been told to follow her instructions.

‘Crón has charged me to attend you during your stay in the rath of Araglin and carry out any other directions you might give.’

‘I see. Well, we are on our way to Eber’s apartments to examine where Menma found the body with the wretched Móen.’

‘Then I shall be your guide,’ offered Dubán, moving off to lead them to the building which Menma had already pointed out. It was a single storey affair like most of the wooden buildings within the rath.

The door led into an easily recognisable reception room where the chieftain could dine and entertain in private when not using the hall of assembly. This room was connected to the hall by means of a door hidden behind a tapestry which Dubán indicated. There was a cauldron in a hearth, a table and chairs. The dead chieftain’s weapons hung on the wall with trophies of the hunt. Rugs and tapestries gave a warmth to the room. A wooden panelled wall and door divided it from what was obviously the bed chamber. The sleeping arrangements were simple, a large straw palliasse on the floor with rugs. Fidelma saw the bloodstains on them but did not comment. A table stood nearby on which an oil lamp stood.

‘Is that the lamp which was lit when Menma entered?’

‘Yes,’ Dubán confirmed at once. ‘The room has not been disturbed since the … the tragedy. The lamp was still lit when Icame here with Menma. Móen was kneeling just there,’ he indicated with his hand, ‘just by the bedside.’

‘Had he made any attempt to leave?’

‘Oh no.’

‘So he made no attempt to run away before you came?’

‘Run away? Deaf, dumb and blind as he was?’ Dubán laughed dryly.

‘Yet deaf, dumb and blind as he was, you tell me that he was able to enter here and kill Eber,’ mused Fidelma, examining the room. Before he could respond she instructed him: ‘Tell us what happened from your viewpoint.’

‘As commander of the guard, I was on watch that night.’

‘This is an isolated rath. Surely there is no need to mount a watch for you have the natural protection of the mountains around this valley?’

Duban nodded morosely.

‘Yet a few weeks ago we had cattle-raiders in the valley, sister. Eber asked me to set a watch.’

‘Ah yes, of course. And you were on watch during the night when Eber was murdered?’

Dubán looked chagrined.

‘To be truthful, as daylight approached, I had fallen asleep on the seat within the entrance of the assembly hall. Menma had to rouse me. He told me that he had found Eber dead and Móen was the killer. I came here with him without delay and I saw the body of Eber sprawled in the bed, just as Menma described. There was blood all over the place and you can see where it has dried. Móen was crouched as I have indicated. He still had the knife in his hand, it was stained with blood, and his clothes were all bloody as well.’

‘What was he doing?’

‘Just rocking back and forth and moaning to himself.’

‘And you were able to observe this clearly because the lamp was lit? What then?’ encouraged Fidelma.

‘I told Menma to carry on with his duties and went to fetchCritan. But he was already coming to relieve me of the watch. We took Móen to the stables and shackled him and I went to inform Crón.’

‘Ah yes, Crón. Why did you not inform Eber’s wife first? Would that not have been the correct procedure?’

‘Crón is tanist, the heir-elect. With Eber dead, she was now chieftainess-elect of Araglin. It is correct that she should be informed first of all.’

Fidelma silently agreed with Durbán’s interpretation of the protocol.

‘And then?’

‘When we started putting the shackles on Móen, he began to struggle and cry out. I told Crón so and she instructed me to fetch Teafa. I went to her chambers.’

‘And found her dead?’

‘I did.’

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