I looked around uncertainly. Most of the guards had withdrawn to the other side of the hut and were standing there, talking in low voices amongst themselves, but two guards came forward to join Carle and me. One, who appeared to be struggling to keep anger from his face, barely glanced at me as he pulled off his back-sling and rummaged in it. From it he took a pen, an inkwell, and a small wooden board that had paper pinned to it.
He knelt down onto the ground to open the ink, but my attention was distracted by the other guard who had come over to stand by us. His face was white, whiter even than Carle's, and his hair was the color of sun-bleached cloth. Even his eyelashes were blond, as though all bodily color had been stolen from him. He said, with an accent I could barely understand, "What is your pleasure, sublieutenant?"
Carle glared at him, as though the guard's light words were unfitting for the occasion. "I request a charge, Sewell," he said shortly. "I wish to charge Adrian son of Berenger, lesser free-man, with the murder of Fowler son of Serge, lesser free-man."
"Murder!" I exclaimed, taking a worried look at the door through which the lieutenant had left.
"Attempted murder," Carle amended. "It is the same charge, under the law."
"But—" I stopped to look at Sewell, who was watching the other guard scribble down some words as he rose to his feet, pen and paper in hand.
Sewell glanced over at me. "Do you wish to dispute the request?"
I looked uncertainly at Carle, who said, "He is not asking you whether you dispute the charge – whether you are innocent or guilty. He wants to know whether you think that he should charge you with a lesser crime. Sewell is the court summoner, and it is his job to decide whether you should be charged with a crime. The lieutenant, who is judge, can overrule Sewell's decision, but only if he justifies his actions to the higher courts."
"The higher courts?" I said in some bewilderment.
"There is only one court higher than the mountain patrol court," said Sewell, leaning over Payne's shoulder to see what he had written. "That is the Court of Judgment, the Chara's court. If the lieutenant overruled me, he would have to tell the Chara why he did that, so it is unlikely he will overrule me."
I stood where I had been this whole time, pressed against the wall, my hands bound behind me, and feeling increasingly foolish. My life depended on my saying the right words now, but I felt as though I had been asked to learn an entire language in just a few minutes. Sewell waited expectantly for me to reply, then raised his yellow-white eyebrows at Carle when I did not.
"Let us try it this way," said Carle. "Are you surprised that I would charge you with attempted murder? Is that the crime you were expecting to be charged with?"
"I wasn't trying to kill Fowler," I said in a small voice.
Around the hut, the mountain winds continued to whistle. One of the guards went to the door, which had been closed during this time, and opened it a crack before returning to where the other guards stood, murmuring together and occasionally glancing our way. The central fire painted leaping light upon Sewell's face as he said, "Sublieutenant, I am going to have to question the prisoner in private, since you are presenting testimony against him. You can give Payne your witness in the meantime."
Carle nodded, and I watched with concern as my guide and the pen-bearing guard went over into another corner. As they left, Sewell said softly, "Whatever you tell me won't be used in your trial. I just want to determine whether the right charge has been requested against you. What sort of charge did you expect the sublieutenant to make against you?"
"I wasn't trying to kill Fowler," I repeated. "I just wanted to get past him. I did wound him, but I tried not to hurt him badly."
Sewell nodded. "Then you believe that you should be tried under the charge of striking a free-man."
"Striking?" I said tentatively.
Sewell smiled suddenly. "It's a law term. It means any injury that isn't intended to kill."
I nodded wordlessly, and Sewell said, "Very well. You must be skilled with your blade to have breached Fowler's guard. If you didn't kill him, I'll assume that it was because you didn't intend to do so. In the name of the Chara, whose law I am sworn to serve, I charge you under the Law of Assault. The sentence for such a crime is mercy or beating or branding."
I felt what remained of my supper curdling within my stomach. Branding – and not a brand I could hide, as Fenton had hidden his old slave-brand under his sleeve, but a brand on my cheek, to show everyone I met that I had committed a terrible crime. If Emorians were great law-lovers, as Fenton had said, what hope would I have of being accepted in this land when I was branded with the symbol of my lawbreaking? The patrol might as well send me back to Koretia.
I said, struggling to keep my breathing even, "How does the judge decide which sentence to give me?"
"Carle!" The sublieutenant, who had been speaking all this while to Payne as the latter scribed words on the paper, raised his head as Sewell called to him. Sewell said, "The prisoner has a question about his sentences. Are you through there?"
Carle nodded. As he came over to stand by us, Sewell added, "I am charging him under the Law of Assault. Do you wish to appeal my decision to the lieutenant?"
Carle wordlessly shook his head. Then, to my dismay, he reached down to his thigh-pocket. I pressed myself further back against the wall, and a humorless smile flickered across the sublieutenant's face. "Be at peace," he said as he pulled out his thigh-dagger and turned it so that its hilt faced me. "You are not in Koretia – no one is going to murder you. I am releasing your hands. Prisoners are not bound unless they have been charged with a crime that carries a sentence of death. What is your question about the sentences?"
As he pulled me around and used the slender dagger-hilt to pry open the knot in the strap, I repeated my question. He replied, "The judge can find you innocent, or he can find you guilty to varying degrees. If you wounded Fowler willfully and with clear understanding – if you knew what you were doing and you had no excuse for doing it – then the lieutenant will sentence you to a branding. If you wounded Fowler without clear understanding – if you did not realize what you were doing when you committed the crime – then he will sentence you to a beating. If you wounded Fowler under provocation – if something or someone made you do it – then you will still be found guilty, but the judge will show mercy to you and will not sentence you to punishment. Is that clear? You have to decide how to plead your charge – whether or not to admit your guilt, and if you admit it, then to what degree you will say you are guilty."
I considered this as I rubbed my numb wrists. Finally I said, "Saying that something made me do it – what does that mean?"
Carle glanced over at Sewell, who had been murmuring to Payne as the other guard rapidly scribed words on the paper. Sewell looked Carle's way, raised his eyebrows again, and continued speaking to the guard who was acting as clerk.
"Well, you cannot blame your gods." Carle's voice, which had been neutral until now, took on a tinge of sarcasm. "Self-defense is considered provocation; if you thought that Fowler was going to attack you even if you surrendered yourself to him, you could use that as a way to defend yourself against the full charge. Or if you thought that the patrol was going to kill you unlawfully, that is a defense. For that matter, if you thought that you would be murdered in your blood feud if you returned to Koretia, you could use that as a defense." He would have spoken further, but I nodded quickly, and he said, "That is what you will plead? Guilty, but with provocation?"
"Yes," I said. "And then the lieutenant decides on my sentence?"
"After he has heard our witnesses. Devin, I think we are ready." He said this with raised voice to a guard standing next to the storeroom door, then added immediately, "No, wait. Listen, Adrian, we are informal in the patrol court; we use no more ceremony than a village court. But I know what informality means to you Koretians. You cannot just talk whenever you feel like it. You can ask me questions, and if you do not understand what I say, you can ask permission to speak to the judge. But otherwise, you only speak when the judge tells you to. Understand?" I nodded, and Carle said, "The prisoner is ready, Devin."
Devin opened the door a crack, murmured something across the gap, and then closed the door again and said in a booming voice, "All rise; the judge approaches."
Everyone was already standing, but I saw the other guards stiffen and fall silent as the storeroom door opened. The lieutenant looked different from when I had seen him last. He was wearing a cloak, though he had worn only a tunic a short time ago, and he was also wearing a gold chain that lay flat against his chest as he came over to stand against the far wall of the hut. But the greatest change was in his face, which was now drained of all anger and any other emotion. His eyes, cool and reserved, rested upon me briefly before settling upon Devin.
Devin, who had apparently been waiting for this signal, promptly proclaimed, "Let it be known that the Court of the Border Mountain Patrol in the Empire of Emor is now opened. This is the fifteenth day of October in the nine hundred and fortieth year after the giving of the law. The judge for the day is—" He hesitated, looked over at the lieutenant, and said quickly, "The Lieutenant of the Border Mountain Patrol is the judge. Let all who speak in this place do so with truth and with reverence for the law."
I waited for the lieutenant to speak then, to ask me why I had done what I did, but it was Payne who stepped forward and said, "Adrian son of Berenger, you have been brought here to answer a charge made against you by Carle, Sublieutenant of the Border Mountain Patrol. The charge is that you did willfully and with clear understanding strike a free-man, namely Fowler, Soldier of the Border Mountain Patrol. The witness in this charge is Sublieutenant Carle, and the sentence for such a crime is mercy or beating or branding. Do you—"
I had been trying for some time to interrupt; now I said rapidly, "Yes, I know all this. Soldier Sewell explained—"
I stopped; Carle had thrust his elbow into my ribs. I took a quick glance at his glowering face; then I looked over at Sewell, who had raised his eyes and was studiously watching the smoke disappear through a small hole in the ceiling. I bit my lip shut.
Payne said, as though I had not spoken, "Do you deny the charge?"
I looked hesitantly over at Carle. He nodded slightly, and I said, "I'm not sure— That is, I know that I'm guilty, but I wounded Fowler— I mean, I struck him under provocation. I think I did, anyway."
Carle hissed, "Do not look at me. Look at the judge."
I turned my attention back to the lieutenant. He was standing as still as before; only his cloak rustled from a breeze whistling through the doorway. Beside him, Payne said, "The prisoner pleads that he is guilty but states that his crime was done under provocation. Let the witness against the prisoner be called."
"Carle, Sublieutenant of the Border Mountain Patrol!" cried Devin in a booming voice.
Carle took one step forward, and I waited for him to speak, but the lieutenant's muteness seemed to have carried over to him as well, for he stood silently as Payne shuffled through some sheets in his hand. Then Payne said, "The witness against the prisoner is as follows—"
After a moment, I realized that Payne was reciting what Carle had seen after I attacked Fowler. The witness was dry and concise – so concise that it was over almost before it had begun, and Payne was soon saying, "Is this your witness against the prisoner?"
"It is," replied Carle in a voice as dry as his witness.
"Step forward, then."
Carle did so, and I watched with bewilderment as he took the scribing board and pen Payne offered him, and wrote something short on the page Payne had been reading. Then Carle stepped back and rejoined me.
My head was beginning to spin with uncertainty. I almost wished I was back in Koretia, being placed under trial for my broken vow. There, at least, I would have known what I was facing: a long, three-way argument between myself, my father, and the gods' representative, Fenton's successor. There would have been much shouting and no doubt tears as well, before the matter was settled, but at least I would have had the opportunity to defend myself. I was beginning to doubt that I would be allowed to do so here.
"Does any other witness stand in this court?" Devin paused, and I glanced to the where the other patrol guards were standing, but all of them continued to watch the proceedings silently. Devin cried, "The prisoner may offer his witness!"
"Address the judge," Carle whispered into my ear, perhaps doubtful by now that I could follow instructions unless they were repeated. "Keep to the point. Tell him only the relevant facts."
I wondered what the relevant facts were. I took a step forward awkwardly, cleared my throat, and said, "Sir, I—"
"Call him Judge," hissed Carle.
We proceeded slowly, me explaining that I had taken a blood vow to avenge the death of my blood brother, Carle correcting the manner of my witness at intervals. When we reached the point of the breaking of my blood vow, I hesitated, knowing that my next witness would condemn me in any trial of the gods' law. But I was here because I believed that the Emorians' law was a just law, so I told the entire tale of the breaking of my blood vow and of my decision to flee to Emor. I skipped forward to the moment when I struck Fowler with my dagger; then, having described that, I hesitated, uncertain.
The room was silent, but for the whistle of wind. The door of the hut had been eased further open by the wind's hand during the proceedings, and only the faint warmth of the fire ate away at the chill in my body. Yet sweat ran down my back.
The lieutenant had been utterly still during my witness, with no change of expression to help me assess what he thought of my tale. Now, in a voice as level as an altar, he said, "I wish to question the prisoner."
"The judge may interrogate you or the other witnesses if he has questions about the witness that has been given," Carle explained in a whisper.
Still with no movement but that of his mouth, the lieutenant asked, "If you had settled in another Koretian village, would your life have been in danger?"
I looked at Carle. He nodded, and I said, "If it was a village in the borderland, my family might have found me in the end. But if I'd travelled farther south— No, probably not."