Date: Thu, 1 Jul 2010 15:03:27 -0600
From: dnrock@rock.com
Subject: Arden 71

Arden
by:  dnrock(dnrock@rock.com)


71:  Murder or Not?

1320, 3rd month, 30th day:

As much as I would like to report that my court sees few if any serious
crimes, I can not.  Thankfully they are not the norm.  The citizens of
Parga are mostly law abiding and good people.  Serious crimes, such a
murder, are not common but that does not mean they do not happen.  I had
such a situation come before me today.  Well it did not present in the
normal way and it is not yet over.  I suspect it will be several days or
even weeks before this is finished.

I was running to the east and south of the city.  Nikias and Dios and Hy
were with me.  They took turns running and riding.  I just ran.  Iason and
our guardians were also along.  After about an hour of time I stopped for a
rest and water.  The early spring is a prime time to run, as the days are
not yet overly warm.  Presently a loan rider approached.  It was one of the
local Sheriff's men.  On seeing us he pulled up.

"Arden," Iason called, "this rider tells me the sheriff needs
reinforcements.  The sheriff has sent him to fetch help.  They are
attempting to catch a run away murder suspect but are unable.  Apparently
he runs as fast and far as you."

Nonsense, no one has challenged me in distance races.  What is this
runner's name?

"It is Myron, Sire."

"Lead the way man, you have Prince Arden at your service, if this Myron is
to be caught, it is he that will catch him," Nikias boasted.

I mounted Pegasus and we followed the soldier.  Everyone wanted to know the
details but I reminded them I must not know until it comes to trial.

We rode some distance, at a very good pace and several of the horses were
beginning to tire.  Pegasus and Zephyros showed little sign of it and
Nikias and I were soon in the lead.  We could see the Sheriff and several
of his men on horses chasing a runner, who had a good lead and was widening
the gap.  The runner was cutting across country and the Sheriff was stuck
to roads and trails.

We flashed passed them and leaped the first couple of fences with ease;
once we closed the gap I pulled up and took to the ground.  Nikias took
Pegasus' lead and followed.  I must say this Myron was an excellent runner
and he showed great promise.  I wanted to train him.  If anyone could
challenge my records this one had the potential.  I desperately hoped the
suspicions would prove false.

I crossed the field gaining on him with every stride.  He leaped another
low stone fence and I was only ten or so strides behind, after I leaped it,
in about 20 more strides, I reached out and as I flashed past him pulled
the young man to the ground.  He rolled as he fell and came up in a
combative stance.

Myron I do not what to hurt you, please.

"Go to hates, I will not submit to humiliation, you must kill me.  At least
it will be a death with honor."

I moved in and he lunged for me.  I took hold of his right hand and spun
around flipping him high in the air.  He landed on his back and I was on
him before he knew what had happened.

Myron submit!

"Never"!

I put more pressure on his arms and neck. "Never"!  I pressed harder not
wanting to brake them.  By now Nikias was dismounted and sword in hand
stood by.

"Kill me boy or have you no guts."

"I have guts and resolve enough, I can not do so until Prince Arden
releases you," Nikias said.

"I will never submit!"

Pyrros and Pamphilos, I call him Pam most of the time, rushed up and took
him from me while Heron bound his hands behind his back.  Nikias put his
sward away.

The Sheriff arrived and attempted to place him under arrest; however, I
would not let him.  Myron is already under arrest for attacking a Prince,
if you have other charges Sheriff you can ask Inquisitor Kerion to add
those charges.  Myron looked quite puzzled but wisely said nothing.  I
think Pyrros told him to keep his tongue, I am not sure.

The Sheriff was miffed but also embarrassed that it took a naked prince to
do what his men and himself had failed at.  As we rode back to the castle,
Myron made a couple of attempts to explain himself but I would not listen.
He believed his father had sent us, that was why he did not submit.  He was
in shock that the sheriff had come to arrest him for murder.  He asked
Nikias, "is attacking a prince more serious than murder?"

"No, I think Prince Arden thought our protection was better for you then
the Sheriff's displeasure."

As to attacking me I think that a false acquisition, since it was I that
chased you and attacked you, was it not?  He looked into my eyes.

"It is true then your are not a man but some kind of, of..."

No I am a man, I would like to think, perhaps just a bit more prince like
than others.

"Yes, tis true you know, Arden sets the standard that we all need live up
to," Iason added.

I know I told everyone not to make any of the facts of this known to me but
I have ears and eyes.  I did know Myron was accused of killing his father,
a minor military officer.  The blood was still on his hands.  He apparently
did not denied it, nor would he explain it.  We came close to his home and
Myron looked away.  I knew this was a crime of passion or honor, I had no
idea of what kind.

Hyginos why don't you and Prince Nikias go to that place and learn all you
can about this.  Talk to everyone in the household, and I mean everyone,
take notes and report what you learn to the Inquisitor, not me.

When we reached the castle we took Myron to the stables with us and I began
grooming Pegasus.

"Do princes groom their own horses?"

"Yes," Iason answered, "it is the rule here, you ride, you groom."

Pyrros unbound his hands and handed him a brush.  I could see the young man
was diligent in his work, gentle in his manor.  Iason could see this too.
Once finished Iason insisted he would escort Myron to his cell.  He winked
at me.

"Myron, I think you need the services of a powerful and well spoken
advocate to speak on your behalf, come I think I know just such person.
Fortunately the Argoanut's bath is on our path."

I think I know that person as well.  I truly hope some mitigating
circumstance lay behind this.

I suspect one must, as the smile on my beloved's face told me he had,
learned something and the prospect of the theater resulting was
invigorating to him.  I make it appear that Iason is only interested in the
image and not the reality.  That is not correct.  Iason is as kind, and
principled as I.  He will do his most diligent on Myron's behalf.  That is
his way.  His way just has more style than mine.  Success or failure is
less important; justice being done is paramount and Iason knows and
believes it.  Justice must also be seen to be done and Iason is a master in
that.


1320, 3rd month, 30th day:

Ali wrote to me with news that his father had died in his sleep, 7 days
after we had departed.  He thanked me for Mohammed's thesis and enclosed
several questions which I passed on to Mommahad.

Myron's older brother appeared before the council requesting that he be
allowed to personally restore his family's honor.  King Iason was not
impressed and said so.

"My father is dead at the hand of my brother, it is my duty to avenge
that."

"Your father is dead.  That we know to be true.  Your brother is accused of
his murder.  That too we know to be true.  Until Myron is found guilty, by
a properly constituted court, of a crime, he will remain in our dungeon.
All who reside in this castle are under my protection.  It is my duty to
see that justice is done and wrongs are righted, if it be possible.

You seek nothing more than revenge for a crime you believe your brother has
committed.  It is not that we do not understand your pain.  It is not your
duty to brake the same law, your brother is accused of braking, or any
other law.  It is not the duty of anyone to seek revenge but it is the duty
of everyone to seek justice and see it is done." Uncle Iason said.

"But he is guilty why this farce of trail?"

The accused of any crime is guilty only when a properly constituted court
has found him so.  I have not yet held the trial and therefore not examined
any evidence or heard from any witnesses.  If you have any evidence that
should be presented, I suggest you inform the inquisitor so it can be.

"You know I was serving with my unit at the time and was not present."

"Then you have no evidence to present and no certain knowledge the accused
is guilty or innocent," Iason added.

"The Sheriff has told me that Myron stabbed my father."

"I know the Sheriff well and I am sure he told you he believes, or the
evidence indicates that, but not to any certainty, as he was not witness to
it.  Another point, it will be the court that rules if his death was a
result of being stabbed or from some other cause." Iason quipped.

Kastor spoke next.  "I suggest you and your family, all of your family,
attend the trial.  If you or anyone else has something to say on this
matter, that is the proper venue.  Unless some new evidence comes to light
the inquisitor tells me he will be ready for the trial in two days.  I can
tell you that Myron's council is preparing a vigorous defense."  He looked
over at Iason.

"Yes Prince Kastor, the defense will also be ready in two days time."

Jury selection will take place in this chamber on the 1st day of the 4th
month, at the 8th hour.  The trial will take place in the main dining hall
and begin at the 9th hour.  The inquisitor will be the Lawyer Kerion and
Princes Kastor and Polydeukus will from my panel.  The junior princes will
from an advisory panel with the court scholars.  I think he was to object
but several councilors took him aside before he could do so.

What is it about some of our citizens, that they feel their passions or
desires must supersede the society's rules and customs.  Who are the
barbarians?  They are us!  Aristotle could not imagine anyone wanting to
live outside the city, for it was only within, that true civilization and
culture existed.  Without were only barbarians that would destroy that
which is within.

Those barbarians viewed themselves differently.  From my analysis, I
conclude both views are correct and both are flawed.  Both are searching
for perfection that simply can not and probably will not exist.  It is the
fear of the unknown, and that which we do not understand is unknown, that
drives each to see the other as barbarians, to be feared.  Because each is
different they can be easily rendered lesser children of god.

Why does Nikolaos not see that taking his brother's life would kill a part
of himself in the process?  Why does he assume, because Myron is accused,
he must be guilty?  He seeks revenge and retribution without knowing the
facts.  Could this be because he believes his dead father could do no
wrong?  Could it be that he knows his father did a wrong and by killing the
brother seeks to silence his own mind for having done nothing?  I do not
yet know the facts, I do know Iason is confident that once they are known,
Myron's actions will be at least understandable and may in fact be
justified.

Nikolaos' request is inherently selfish.  What of his mother?  Her husband
is killed, supposedly by her son; who, if in turn was killed by his
brother, that would be devastating.  This is a terrible price for any woman
to pay.  I find it strange that she would not dissuade him from the idea.
If my brother or lover was accused of a crime I would demand proof of guilt
before condemning them.  I could not imagine myself wanting to take my
brother's life, even it that be the penalty for his crime.  I doubt that I
could do that.  As Uncle said, it was the hardest thing he ever did.

Love is not rational, it is not mathematical, it may have a form but that
form is even harder to understand than the Good.  In that, the Philosopher
King would be no better than the dullest citizen.  In that, I think Plato
was wrong.  I think he knew this too.  That is why it is never discussed in
the Republic.  Love is the one ideal that seems to defy all logic or
understanding.


1320, 4th month, 1st day:

The trial began as normal for these things.  The charge of murder was read;
Myron stood and pleaded not guilty.  The Sheriff was called and asked to
explain what he knew for fact and observed.  He did that: 1. He was
summoned to Myron's home by one of the kitchen servants.  2. He and his men
arrived to find Nikolaos the Elder, laying on the floor of his daughters
bedroom.  He was dead.  3. The murder weapon was a knife, which was taken
by him as evidence.  He said it was Myron's knife.

Iason rose to challenge and the Inquisitor yielded the floor.  "I have
several questions Sheriff.  First what was the exact position and state of
the body?"

The Sheriff described the position of the body.  It was in the middle of
the floor on his back.  The body had two stab wounds and was naked.  Iason
had a large paper brought in and the Sheriff was asked to draw the room and
the position of the body in that room.  When finished Iason looked at Myron
who shook his head.

Iason asked me, "Prince Arden my client believes the drawing is not quite
accurate.  I would like permission to suspend the Sheriff's presentation
and call another witness to correct this."

I looked at the Inquisitor who nodded in agreement.  Sheriff please take
you seat and hold for this other witness.  Persephone, Myron's sister was
called.

She made several adjustments to the position of things and added several
that had been left off.

"How do you know these things, Persephone," The inquisitor asked?

"It is my bedroom and has been so for 7 years."

"I see you placed your father's clothing on the bench over by the window."
She agreed, "Sheriff, did you notice them in that or any other position
when you did your inspection?"

"No inquisitor I did not notice them but I did not notice the bench
either."

I asked if any of the Sheriff's men had noticed the bench or the clothing.
Three stood and confirmed both.  The inquisitor yielded the floor to Iason.

"Now this knife", he picked it up, "This is the supposed murder weapon is
it not?"

"Yes, Prince Iason it is."

"Where did you find it Sheriff?"

"It was laying on the floor between the body and the door as I have drawn
it."

"Did you notice if it had been placed or dropped," Iason asked?

"It was thrown, neither placed or dropped."

"And you know this because," Keiron asked?

"The blood was sprayed over the floor.  Had it been placed, then most of
the blood would have remained on the blade, less a few drops.  Had it been
dropped the blood would have formed little pools in proximity to it.  The
knife, as I found it, had little blood on it and what blood I observed was
in a series of drops, spread over this area of the floor, some even made it
to the wall.  The spatter formed a fan shape in this direction, away from
it.  It must have been thrown."

The three assistants all confirmed that observation and analysis.

"Now Sheriff, do you know who this blade belongs to," the inquisitor asked?

"No, I assumed it belonged to the accused."

The inquisitor looked at me again and I nodded, glancing to the scribes to
make sure they were recording these gestures.  He called several of the
household servants who told us this knife belonged to the dead man and that
it was the knife that always hung from a scabbard on his belt.

"I will come back to this drawing and the knife later.  Would you continue
to tell us what happened next Sheriff."

He went on saying the daughter sat sobbing and repeating her brother's
name, Myron.  Myron had run away and he and his men gave chase.  When it
came to Myron's capture, Pyrros spoke to describe everything that happened
up to him becoming a resident in the dungeon.

"Sir Pyrros," Iason asked, "when you approached Prince Arden and Myron, in
that field, did you believe Myron was attempting to escape?"

"No Prince, not escape from anything but Prince Arden's hold on him.  The
Prince was demanding him yelled and he refused.  It was obvious he did not
know who it was that held him or who had knocked him to the ground before
that."

"How do you know this," the inquisitor asked.

"Prince Arden was naked and had run him down from behind."

Iason addressed me, "It know it unusual Chief Justice but you are the only
one who can confirm Sir Pyrros' analysis."

Sir. Pyrros' description is most accurate.  Since I had been running for
some time before and was naked, I am sure Myron did not recognize me.

"Sir Pyrros, Iason went on, "when the Sheriff attempted to arrest Myron,
what was his reaction to the charges?"

"In my opinion Myron was surprised that his father was dead.  He was
breathing very hard, having run for a great distance and been knocked to
the ground, and subdued by Prince Arden.  The look on his face was one of
great shock.  He was attempting to say something but Prince Arden informed
the Sheriff that Myron was already under arrest for attacking a Prince and
he would see to it he was escorted to the castle.  As I described before."

"Why has that charge not been recorded," The inquisitor asked?

I had made it in the heat of the moment and later withdrew it, realizing it
was frivolous, I said.  The Sheriff and I both knew the reason and we both
knew it best not articulated in open court.

Inquisitor, councilor, I said, do you have more witnesses to call.

"Yes, Chief Justice, both of us have more witnesses.  I wish to establish
the circumstances that brought this stabbing about.  Prince Iason wishes to
establish if the stabbing was a crime or some other situation.  If a crime
was committed, what exactly it was and who committed it.  To do this we
will need gain answers to many now unanswered questions," Keiron said.

The Inquisitor called Lady Klyne and the servants.  Each was asked what
they were doing at the time of the stabbing, where they were and when it
was, what they did after being alerted and so on.

Persephone was called by Iason.  "We need to know everything that happened
that morning.  I remind you your brother's life may hang in the balance.  I
would also remind you that your loyalty to a dead man is limited to your
privet thoughts and nothing more.  The most important questions are: why
was your father in your bedroom, why was he naked, how did he come to be
stabbed and who did the stabbing?  Also why the stabbing took place?  One
last thing, my role in this trial is focused on representing my client.
The Inquisitor's role is finding the facts.  The justices roles are
insuring the trial is complete, fair, impartial and that true justice is
done.  We may all ask questions of you.  It is not our intention to
frighten or intimidate."

She began her story.  Her father had been making sexual advances toward her
for some weeks before.  She did not feel her mother was being as supportive
as she thought a mother should be.  She confided in her older brother
seeking his advice and support.

"Myron told me to scream as loud as I could and he would appear to protect
me, should the need arise."

The Inquisitor asked her to be more specific about what her mother did or
did not do or say.  Persephone told him her mother just said, "father would
not do anything like that, I must be making this up." She went on to say,
on the morning in question, her father came into her bedroom and sat by the
window on the little seat.  He talked to her about her future and was quite
gentle.  She was still in bed during this conversation.  He moved to the
bed sitting on its edge and they talked further.  After a while she
realized he had removed his sandals and belt.  He had been dressed in a
long tunic with no kilt.  The father removed his tunic saying the room was
quite warm with the sun shining in the window.

Once she realized he was naked she became agitated and her father tried to
calm her down.  In the doing he roll onto the bed and slowly pulled the
cover down.  Suddenly he pressed his body to her and began kissing her and
ripping off her night dress.  The Inquisitor held up a torn garment, she
said it was the one.  She screamed and he pressed his hand on her mouth and
his body onto her.  She managed to scream again and this time he hit her
with his hand and forced his knee between her legs.  The father was much to
powerful and he began pressing his erection into her.  She sobbed in the
telling.

"Did he penetrate you?"

"Yes, he did that.  He pinched my nipples until tears came to my eyes and
he drove his penis into my vagina.  That is when Myron came into the room.

Myron pulled him off and father hit him sending him almost across the
room."  The Inquisitor pointed to the drawing and she nodded when his
finger found the correct place.

"Father pulled his knife from the sheath.  I tried to stop him but he
pushed me down onto the bed and moved to confront Myron.  I started to
scream again and father turned to silence me.  That is when Myron grabbed
his arm and attempted to take the knife away.  Father turned back to Myron,
they were in each other's grip when I heard father gasp.  Myron tried to
back away but he could not and father gasped again.  Myron stood with the
knife in his hand as father fell to the floor.  Myron through it down and
ran out.  This is the first time I have seen him since."

She was now crying and Iason motioned for Sophia to come forward and
comfort her.  I was about to call a recess but the Inquisitor asked for
Princess Eudoxia to come forward.

"Princess did you and your ladies examine Persephone."

"Yes inquisitor Princess Sophia, three of our ladies and myself.  We found
she had bruises in and around her vagina consistent with having been raped.
Her breasts were also bruised."

Prince Kastor asked the others and they all confirmed what Eudoxia had
said.  Their was no doubt in their minds the girl had been raped.

I call a recess until the 13th hour.  When we resumed Iason held up a blood
covered tunic and asked Myron if that was his, he said it was.  He called
on the mother who confirmed it was his and the one he had been seen in that
morning.  Iason explained where it had been found, about a league from the
house, along the side of the road, where it had been dropped.  The Sheriff
confirmed that is where it was found and that it had not been hidden, just
apparently dropped.

The inquisitor called the mother back and asked if she had any knowledge to
this incestuous behavior.  She said none but did confirm that Persephone
had told her of concern some weeks before.  She also said her husband had
often visited in her room sitting on that bench and taking.  He had a habit
of it even with the boys.  He then asked the staff if any of them had any
knowledge of this alleged incest.  None did but one lady did say he had
made advances toward her in the past, but quickly added she was never
raped.

The inquisitor asked Myron if he would tell the court what happened that
morning.  Before he could begin Iason had him tell of his relationship with
his father.  It was good and he loved the man.  He tried to be a good son.
His father had forced him to have sex from the time he was 14.

"He told me to be a man he should take it without comment.  I could hardly
walk after the first time."

Iason asked, "Were your raped Myron?"

"I was forced to cooperate by his instance that a true man took what his
father gave without complaint.  He said my older brother did, so should I.
That a good son did what he was told.  At 14 I knew no better.  By the time
I did it was to late to go back.  He knew how to get his way with me.  That
is why I started running.  He could not catch me and I could be gone for
hours away from him.  He could not complain as running is a manly sport."

I called on the brother.  He came forward and confirmed all that Myron had
said.  He also added, "I was raped.  Father told me it would make me a man,
one he could be proud of."

Myron's description of events was essentially the same as his sisters.  He
was a little more graphic in the description.

"When I saw the knife, I was not sure who he would use it on.  I feared for
my sister.  I had no choice.  Just like my coming to her scream, I had no
choice.  A brother that will not defend his sister is not worth having.  A
man that will not defend a women in distress is not much of a man.  I had
no choice."

Then your father was stabbed during a struggle with his own knife, that he
himself drew," Iason asked?

"That is correct.  When I saw what had happened, I through the knife on the
floor and ran.  I ran and ran.  Not to escape punishment or hide, because
it is the only time and place I can clearly think.  Your are a runner
Prince Arden you know what I am talking about.  I did not intend to harm my
father.  I did intend to protect my sister.  Perhaps I was naive to think I
could do it without harm to anyone but myself."

"What is the crime here," Poly asked?  "Rape is a crime, incest is not
permitted in our society.  Those are crimes.  The perpetrator of them is
dead and we can not charge a dead man.  Myron has been charged with murder.
That is a very serious crime and we would do justice a great disservice to
just drop the charge.  The jury must decide if a crime was committed in the
death, if some charge need be laid and if so against who; also if Myron is
innocent or guilty of the charge he now faces.  Forman what is your
verdict?"

The jury found him not guilty, the death was a result of self defense and
no other charge is warranted.

I summarized.  A man was stabbed and his life was lost as a result.  He was
not murdered.  The stabbing was an unfortunate outcome of self defense and
defense of others.  If any crime was committed here it was not by the
accused.  Let it be known through out Parga that Myron was charged with
murder and found innocent of those charges, his name is clear and good
reputation restored.

Also let it be known that it is the Court's function, in our state, to find
any person or persons charged with a crime either innocent or guilty.
Until the court has ruled an accused is innocent, in practical terms he is
neither, since the laying of a charge in itself creates doubt.  It is part
of our heritage, common law and natural law that the accused is presumed
innocent until proven guilty, any benefit from doubt goes to the accused.
This harkens back to our ancient ancestors.  Others, in other places and
times have a different view.  Others presume guilt and attempt to prove
innocence.  Proof is however not always as obvious or as clearly defined as
one would always like.  Proof to convict in Parga must be compelling,
leaving little or no doubt.

In England for example, investigations are conducted by the prosecutor.
The accused must be shown by a preponderance of evidence and fact that he
is guilty.  The defense need only demonstrate reasonable doubt, in that
evidence or that it is in error.  The court is than the arbitrator.  In
other places the court, magistrates and judges direct the investigation and
lay charges.

Parga is more like the English but not completely.  The court here is
partly responsible for the quality of the investigation and approves the
charges.  Sufficient evidence need be presented for that approval.  We have
an Inquisitor not a procurator.  It is the role of the inquisitor and the
defense council, as well as others in the society, to seek the truth as
best they can.  Because our system of justice is restorative, we are often
interested in all circumstances, motivations and conditions surrounding a
criminal act.  What we learned here today was simply this, no conclusions
should be drawn and no judgments made, until all the facts are known, the
presumption of innocence.  All to often the authorities and many citizens
draw conclusions based on an incomplete understanding of the facts and
incomplete information.  You know who you are.

True justice is swift and fair.  Justice was done here today, you did not
just see it being done, you were a part of the doing.  An innocent man was
exonerated and set free.  That is not to say that a man did not die or that
no crimes were committed.  A man did and there were.  It is beyond the
ability of this court to heal the wounds caused by that death and those
crimes.  Healing must come from within those aggrieved.  This trial is
ended.  Please go in peace.

As people filed out of the courtroom many crowded around us, as is their
habit.  Myron was first among them.  Iason informed me that Myron would
remain here for some weeks.

"I do not believe it wise for him to return home until everyone's passions
are set aside.  I also think his running skills would benefit from your
coaching brother."

Out of the corner of my eye I saw Tertius talking to Nikolaos and steering
him closer.

All seemed reconciled.  His sister expressed her appreciation and love as
he had made good his pledge of protection.  I could see this was another
young man of courage, honor and conviction, that needed to be brought
close, if not into, our growing family.

I was just amazed as I entered the baths.  Kastor and Polydeukus were over
in one corner.  Poly was on his knees taking Kastor's erection deep into
his throat.  His hands roaming over Kastor's slender body, his hands
drifting along Kastor's buttocks caused me to erection.  Poly was
worshiping at Phallus' alter.  Kastor stood with is head back and his eyes
closed, his mouth gasping open as Poly delivered pleasure, his fingers
gliding through Poly's long curly hair.  Presently Poly kissed his way to a
standing position and Kastor kissed his way to kneeling, to worship at
Poly's alter.

Embracing and kissing letting their erections duel between their legs they
moved to one of the benches.  Kastor bent over the bench presenting his
butt to Poly by wiggling it as if to guide his penis into it home.  I
longed for Iason to share my love with.  When he entered I ceased him
excluding the others as we both needed desperately to fill each other with
our erections.  Nikias and Hy, Dios and Agar, Joulous and Justus all
emulated the four senior princes.

Presiding over a trial can be most stressful.  Sex is the best dispeller of
that stress.  I can now write I am completely without stress.