Whispers of the Dead

“I told you, my cattle water there. The banks are muddy and slope gently into the pool.”

“And you found Enda in the pool, fully clothed?”

“I did.”

“How do you imagine he came there?”

“How. .? I suppose. .” Colla paused and frowned.

“Did you not consider how he could have fallen into the pool?” pressed Fidelma, “For I see that you are now thinking that it is curious that a child could fall into a pool when it is surrounded by gentle sloping banks on which cattle might safely drink.”

“Maybe he waded in to fetch something, slipped and fell. .”

“Causing the wound on the back of his head?” sneered Tassach from across the courtroom.

“Of course, the boy fell. He was always getting into mischief. The boy was a thief and a liar!”

The woman who had been silent at Colla’s side suddenly rose to her feet as she gave her outburst.

Fidelma met her eye with a stern expression and waited until Brother Corbb had restored some order from the outraged members of Fécho’s family.

“And you are?” she asked coldly.

“I am Dublemna, wife to Colla.”

“What have you to tell us of Enda that is pertinent to this case?”

“Of the death, I know nothing. But let it not be thought of that this Enda was a blameless sweet child.”

Fidelma raised an eyebrow in surprise at her anger.

“You have to explain yourself.”

“We agreed to the fosterage but we found that the child was wayward and undisciplined. My own child Faife revealed to me that the boy was stealing eggs from my own kitchen. Later I discovered that he had been stealing honey from our neighbor’s hives. I told my husband and said that the boy should be returned to Fécho or disciplined severely.”

Fécho was on his feet.

“My boy was not a thief. This is a lie.”

“It was no lie!” returned Dublemna with equal vehemence.

“The reason why I tell it is to show that if ever there was neglect of the child, it was not our neglect. We should have been warned of the child’s behavior by its parents.”

The hubbub of anger and insults now rose between the two families and Brother Corbb had his work cut out to bring them to order again.

“Any further outbursts such as that will require everyone to pay fines to this court,” Fidelma said quietly before turning to Fécho.

“Had the boy ever been in trouble before he went into fosterage? On your word, now. Lies have a habit of catching up with you.”

Fécho shook his head.

“No one will tell you otherwise, Brehon,” he asserted with passion. “He was a good child. Ask anyone in Críonchoill except that woman,” he jerked his head to Colla’s wife.

Fidelma turned to the woman, Dublemna.

“Your child Faife told you that Enda had been stealing eggs? When was this?”

“The day before the boy fell into the pool,” she asserted.

“Were the eggs found?”

“Faife had them. I found her with them. I asked what she was doing with them and she told that it was Enda who had stole them and she had taken them from him. We were going to discipline the boy. A good thrashing would have worked wonders.”

“I am bound to point out,” Fidelma spoke sharply, “that the law of fosterage allows no corporal punishment. Fosterage should be without blemish, so the law says. And as for evidence, all I have heard is accusations and little proof.”

Dublemna’s face was red with anger.

“No proof? Then what of this for proof. .? Later that very same day our neighbor called by to say that during the last few weeks-from the time that Enda came to us as foster child-he had been missing honeycombs from his beehives. He made no accusations but wondered if we had been missing anything. After the boy died, when we were clearing out his things, we found a remnant of a honeycomb in the little box where he kept his personal possessions. Is that proof enough for you?”

Brother Corbb commented dryly.

“Crimes committed by the foster child are the responsibility of the foster father. Technically, if the boy was guilty of these thefts then Colla was facing a fine for the crime. .”

Before Fidelma could rebuke Brother Corbb for ignoring court etiquette, Tassach, the physician, was on his feet, his face showing his excitement.

“I have it! The poor boy was drowned so that Colla would not be held responsible for the theft of the honey from the neighbor’s hives! It was an attempt to hide his responsibility.”

Fidelma raised a hand to stifle the angry murmuring that arose again.

Brother Corbb had to thump the floor with his staff.

“This second warning will be my last to you. The next time everyone here will pay a screpall apiece as a fine for contempt of this court. Let me remind you all of something,” Fidelma said grimly. “This is a court. At the moment, I am giving you maximum latitude in the presentation of evidence. I shall even give latitude when people speak out of turn,” her steely eyes glanced at Brother Corbb, who had the grace to blush. It was unseemly for a steward to comment on law in the presence of a Brehon sitting in judgment. “However, what is law outside this room is also law inside this room. Claims such as the one that you have just made, Tassach, cannot be tolerated unless you are prepared to offer proof. You are not allowed to make accusations without proof.”

The physician was silent but his expression was one of anger.

At her side, Brother Corbb coughed discreetly and leant forward and whispered in her ear.

“Pardon, lady, I am uncertain how you intend to proceed, but so far I have heard no proof that the boy met his end by either neglect or foul play. Should not this matter be addressed?”

Fidelma shot him an irritated glance.

“I know my duty, Brother Corbb. We have not heard all the witnesses yet,” she snapped causing the steward to blink and step back.

She turned back to the court, which had grown expectantly quiet.

“In the circumstances, the court wishes to examine the three last people to see Enda alive. . bring the children Faife, Una and Maine into the court room.”

There was a murmur of surprise. Fidelma felt Brother Corbb take a step forward. She raised her hand to still his protest, but he was not silenced.

“A child under fourteen years of age has neither legal responsibility, nor any right to independent legal action. That means that the children cannot be sworn in as witnesses and given the same weight of authority in their statements as an adult. A fiadu, a witness, has to swear on oath and can only give evidence about what they have seen or heard. What does not take place before a witness’s eyes is invalid. We have heard some supposition in this case about what may or may not have happened. I have to tell you that this is not evidence in the strict sense. However, the law acknowledges that one can accept into judgment indications of guilt other than the direct evidence of an eyewitness, evidence such as the incriminating behavior of the one suspected of the offense.”

Fidelma restrained her anger at his presumption.

“I am well aware of the law in this matter,” she said tightly. “Had you also been qualified to bring a judgment. .” she paused to let her sharp words sink in, “. . then you might know that there is a precedent which gives me the authority to question the three children I have named.”

Brother Corbb flushed and took an involuntary step backwards.

“I was. .”

“I do not know what leeway the Brehon Spélan gives you as his clerk. In my court there is only one judge. Remember that, Brother Corbb.” She then turned to the court. “There is a precedent where a young child’s