“Indeed,” muttered Firbis, as if disappointed that his question had received a correct answer. “It was a small kingdom founded two hundred years ago by Maine, a son of the High King, Niall of the Nine Hostages.”
Fidelma also knew this information but did not say anything further.
“As I was saying,” began Firbis querulously, as if she had interrupted him, “Sochla worked in the hall of Catharnaigh, the King. In a casket, in the hall, the Kings of Tethbae kept an oak and bronze casket. In this casket was the preserved skull of Maine, founder of the kingdom, who died in battle. Maine of the Bright Deeds was how the poets described him. His skull was preserved in the ancient tradition as the rallying symbol of his people in Tethbae. It was valued beyond price by them.”
“There are many similar icons in other kingdoms,” observed Fidelma quietly.
“We are not speaking of other kingdoms,” snapped Firbis. “I speak of Tethbae! The skull of Maine was beyond price and kept in pride of place in the hall of Catharnaigh.”
He stared at Fidelma, challenging her to speak. When she did not, he continued less querulously.
“Catharnaigh and his retinue had left the hall to go to the Field of Contentions to attend a game of hurley. No one was left in the hall except for Sochla, whose task was to prepare the feasting hall for the King’s return. When Catharnaigh returned, he found the casket, containing the skull, was missing. Only Sochla had been in the hall during Catharnaigh’s absence and she was summoned. She denied any knowledge. Yet Catharnaigh was suspicious. Sochla’s quarters were searched and the casket was found under the woman’s bed. A learned Brehon was summoned and the case was heard. Sochla was found guilty of the theft.”
Firbis paused and sat back.
“This was the case. Did the Brehon render a true or a false judgment?”
Fidelma sat quietly for a moment. Then she raised a slender shoulder and let it fall.
“It is impossible to make an answer based on the facts that you have cited.” She glanced quickly at Brehon Morann. “I presume that I am allowed to ask questions of the Druimcli before expressing any opinion?”
Firbis interrupted before the Brehon could answer.
“I thought the facts were plain enough, young woman. The casket was found under the bed of Sochla. Have you overlooked that fact?”
“I have not,” replied Fidelma.
“Bearing that fact in mind, do you tell me that you do not think it is a simple, open and shut case? Surely you do not wish to waste time here? The answer is simply a negative or positive one. Was a true or false judgment rendered when Sochla was pronounced guilty of the crime?”
Fidelma turned to Brehon Morann.
“I think it is right that I should ask questions,” she said stubbornly, determined not to be cowed by the Druimcli. “No one would be able to express support for a judgment without knowing all the facts.”
The Brehon smiled gravely.
“You may ask, but do not waste time.”
Fidelma turned back to Firbis.
“What was the motive according to the Brehon who pronounced the woman guilty?”
Firbis blinked and glanced at Brehon Morann with a raised eyebrow. Then he turned back to Fidelma and shrugged indifferently.
“With a priceless relic, I would have thought that the matter of motive was obvious.”
“Really? I would have thought that the motive became more obscure.”
Firbis’s eyes narrowed. Before he could respond, Fidelma asked another question: “Was this Sochla an intelligent woman? Was she half-witted or did she have any other defects that would cause her a lack of common sense?”
“She was intelligent,” replied Firbis tightly.
“Then she would have known that it is impossible to make financial gain from a priceless article such as the skull of Maine of Tethbae. Who would want to buy such a relic apart from those to whom it is priceless?”
“She could have taken it to demand a ransom from Catharnaigh, the King of Tethbae, for its safe return,” pointed out Brehon Morann quietly.
“That would be equally preposterous,” replied Fidelma. “Once she had revealed that she had the casket and skull, she would be in a vulnerable position and, even if she succeeded in the negotiation, thereafter she would condemn herself to a life of exile from Tethbae and from the reach of its King. No, there is no motive in theft for profit . . . if, as you say, the woman was intelligent.”
Firbis shifted uncomfortably in his seat.
“Are you saying that, on this reasoning alone, you believe that the judge made a false judgment?”
Fidelma shook her head at once.
“Not on that reasoning alone,” she smiled softy. “In all cases, as you know, there must be motive, means and opportunity. All three things must come together in one pattern. You tell me that the opportunity was there . . . that she was in the hall alone when everyone had gone to watch a game of hurley. Presumably we can be assured that the casket and skull were observed to be in their place before people departed for the game and then were gone when they returned? To remove a casket containing a skull does not require any great means.”
“So you admit that the judge was correct on means and opportunity?” pressed Firbis.
Fidelma pursed her lips thoughtfully.
“I have heard no evidence that this Sochla possessed the only means and opportunity. Is there such evidence? Is it not possible that someone could have happened by and removed the casket while Sochla was elsewhere in the hall of Catharnaigh? Is it not possible that some other person could have planted the casket under Sochla’s bed?”
Firbis laughed, amused by the suggestion.
“For what motive?”
“There might be several motives, but one would need to ask a great many questions to find and validate them.”
“It seems to me, Fidelma, that you are attempting to make the woman in this case, Sochla, innocent,” observed the Brehon Morann.
Fidelma shook her head quickly.
“Not at all. I am attempting to find out the facts before rushing to judgment. I certainly would have asked more questions on means and opportunity. Tell me more about this Sochla. Is she young or old, what is her disposition, is she married, does she have lovers and, if so, who are they?”
“She is of young age,” Firbis replied. “She is barely over the ‘Age of Choice.’ Her father was of the daer-nemed class, that is a manual worker. In this case he worked as an assistant to the king’s blacksmith, while the girl worked as a manual worker, a cleaner, in the king’s hall.”
“And why was one so young and of such a class left alone in the king’s hall while all others went to a ball game? Did the king fear no enemies, no envious hands, that he would leave his house and wealth unguarded?”
Firbis exchanged another glance with Morann.
“Presumably this line of questioning was pursued with Catharnaigh?” pressed Fidelma when there was no response to her question.
Firbis sniffed: “What are you implying?”
“Druimcli, surely you should know that I could not imply anything. It is merely my duty to ask questions and through the answers to discover the truth.”
The Druimcli looked uncomfortable.
“The King had no cause to fear his enemies nor to fear envious hands in his property.”
“Yet, is it not unheard of that such a noble would vacate his hall and possessions in this manner?”
“The facts are as I have told them. It is not my task to comment or speculate on why a person should do this or that.”
Fidelma leaned forward quickly.
“But isn’t that the very task of a Brehon—to examine motivation behind each fact and ascertain what lay behind the fact and whether the person had criminal intent or not?”
Druimcli Firbis sat up more stiffly.
“I declare, you now exceed the parameters of your position, young woman. You are here to answer my question, which you have not yet done.”
&
nbsp; “I have not done so because the question cannot be answered in the manner in which it is given,” she replied stubbornly. “You said that Sochla was young. Was she married?”
“She was not.”
“Did she have a lover?”
Firbis hesitated and inclined his head.
“And where was he on this day?”
“He claims that he was with Sochla.”
Fidelma pursued her lips in astonishment at this new revelation.
“And Sochla? What does she say?”
“That after the king and his entourage left, she began to work and then her lover came by. That they spent some time together. . . .”
“Was she out of sight of the casket?” interrupted Fidelma.
Firbis blinked and paused a moment before responding.
“The casket is kept in a place of honor in the main feasting hall, on a stand behind the King’s seat. She claimed that they were out of sight of it for nearly an hour.”
“So anyone might have entered the hall and taken it.” Fidelma pouted. “It seems a very weak case against the girl, indeed. Who was this lover? Will he confirm what she says?”
Firbis smiled thinly.
“I hardly think so.”
“Why so?”
“He fled after the girl was accused.”
“Fled?”
“He was from the lands of Calraige.”
Fidelma was frowning now.
“But that is in the land of . . .”
Firbis interrupted her with a thin smile.
“Exactly so, in the lands of the Uí Ailello, the deadly foes of the kings of Tethbae.”
“Are you trying to say that she and the lover collaborated in this theft?” mused Fidelma. “If so, then you are proposing a motive which you should have made clear when I questioned you earlier about it.”
There was irritation in her voice.
Firbis blinked at the belligerent tone.
Brehon Morann’s brows drew together.
“May I remind you that you are addressing a Druimcli?” he said icily.
“And I remind you,” added Firbis, sourly,“that it is not my task to feed you all the answers to this conundrum.”
Fidelma turned to Brehon Morann.
“I do not mean to sound disrespectful but this is an example of what I meant when I said that the case could not be judged on the facts initially given by the Druimcli. The introduction of this nameless lover into the story is an integral part of the evidence. . . .”
“The Brehon in this case did not think so,” interrupted Firbis, “other than to reflect that it simply supported the guilt of the girl. It was clear to him that they colluded in this theft and that both meant to flee to the sanctuary of the lands of the Uí Ailello where the Chief of the clan would have lavished a reward on them for bringing the skull.”
Fidelma shook her head.
“It is a weak story.”
Firbis looked taken aback and the Brehon Morann leaned forward in his seat. He was smiling gently.
“You seem to take issue with all the facts, Fidelma.”
“Consider these facts,” replied Fidelma with a shrug.
“A servant girl is left alone in the king’s hall. She has a lover who is a member of a clan that comprises the most deadly foes of the King of Tethbae and his people. Left alone in the hall, the girl is working when her lover comes by. They claim to make love for an hour. Then they take the skull in its casket and hide it under the girl’s bed in the servants’ quarters. The lover then departs. The people return, find the skull and casket missing. It is then found under the girl’s bed and the lover has fled back to his people.” She paused. “It is an improbable story. I’d say it is almost nonsense.”
Druimcli Firbis’s lips thinned.
“Are you saying that the Brehon in this case could not differentiate what was nonsense and what was fact?”
“It seems so,” Fidelma responded with seriousness.
Druimcli Firbis was now smiling cynically.
“So, are you saying, finally, that it is a matter of a false judgment?”
“False enough, if the Brehon involved judged this matter merely on this evidence alone.”
“Very well, Fidelma,” Firbis said, sitting back slightly.
“We will continue with the facts. The dálaigh, the advocate of the king, argued that the intention of Sochla and her lover was to flee with the casket immediately. But they dallied and in their dalliance did not realize that time had passed. They heard the people returning and all they could do was hide the casket under the bed and the lover left, waiting in the vicinity to see what happened. When he realized that Sochla was caught, he then fled leaving her to face punishment alone.”
“And what did the girl’s dálaigh, her advocate, say in rebuttal?”
“She did not have an advocate.”
“Who pled for the girl?”
“The Brehon did so.”
Fidelma gazed at Firbis’s bland expression with amazement.
“A Brehon must be unbiased,” she said slowly.
“Just so,” agreed Firbis, “and is therefore allowed to enter a case to plead for the accused . . .”
“But only if the accused or witness is incapable of representing or speaking for themselves. You have already told me that Sochla was intelligent, in no way retarded. Why wasn’t she allowed to speak for herself or instruct a dálaigh?”
Brehon Morann stirred.
“Is it your claim that the Brehon acted improperly?”
“It would seem that the rights of the accused were infringed,” replied Fidelma, choosing her words carefully.
Firbis snorted derisively.
“Infringed? No Brehon of Ardagh would . . .” He hesitated and then asked: “What of the rights of the King?”
“The law is stronger than a king. It is an old saying,” replied Fidelma calmly.
“The Brehon, from what you have told me, so far seems biased in the extreme.”
Firbis’s mouth tightened a little.
“You are talking of a respected Brehon who holds more qualifications in legal affairs than you will ever attain.”
Fidelma’s irritations boiled over.
“As well as being a Druimcli I presume that you are also a prophet or have the gift of clairvoyance?” Her voice was ice cold.
Firbis’s brows came together.
“Do you mean to insult me?” His tone was equally studied.
“Insult? Not at all. I merely seek information. You have said that I will never attain the qualifications that this unnamed Brehon holds or held. To make such a statement one needs firstly to know exactly what qualifications the unnamed Brehon held and also to know the future as to what qualifications I am likely to attain to. Being interested in my future, I wondered how this could be. With due respect, I merely asked you the basis of your prognostication—whether you were a prophet or held the gift of clairvoyance? What insult is there in that?”
There was a sound from Brehon Morann.
Behind a hand that covered the lower part of his mouth he appeared to be stifling a laugh.
The Druimcli seemed to make a conscious effort to control his features.
“Fidelma.” Brehon Morann, having controlled his amusement, spoke softly.
“Fidelma, I think on reflection you will find that the Druimcli was speaking figuratively.”
“I think he was also speaking without due regard to the law,” replied Fidelma, unappeased by the explanation.
This time Firbis kept his lips pressed tight.
“Explain yourself,” Morann said quietly. It was a dangerous tone.
“Simply, that the law holds everyone to account. Because someone is a Brehon does not exclude them from criticism any more than it allows a Druimcli to insult a student who has not yet attained to the degree of Dos .”
There was coldness in the room.
Suddenly, Druimcli Firbis seemed to relax and actually smile. It was a thin, wan smile but a s
mile nevertheless.
“You are right, young woman. It was wrong of me to make such a personal outburst. A Brehon is not above examination and where error has occurred he is not beyond correction and fine. Nor should I have implied that you do not have the right to express your opinion of any error because you have not yet graduated.”
Fidelma bowed her head slightly.
“Indeed, isn’t the reason that we are discussing this matter to see whether the unnamed Brehon in question gave a false judgment or a true judgment?’ she asked.
Brehon Morann smiled softly.
“That is precisely what we are here for. Have you reached any conclusion?”
“My conclusion, so far, is the verdict is still unsafe. What witnesses were called by the king’s dálaigh?”
“The king’s steward, for one,” replied Firbis.
“What was his name and the effect of his testimony?”
“His name?” Firbis hesitated then said. “Feranaim. He deposed that Sochla had been employed as a menial worker in the king’s hall. That he had seen her at work when the household left to attend the game and most importantly he had seen the casket in its usual place.”
“He was the last to leave the hall?”
“That is so,” replied Firbis hastily.
“How did you know?” Fidelma did not reply directly. She continued: “And was he the person who spotted the casket missing on the return from the game?”
The Druimcli shook his head.
“No, in fact it was the King himself who spotted that the casket was not in its usual place. The steward was sent for and . . .”
“The steward was sent for?” Fidelma asked quickly. “Where was he when everyone returned from the game?”
“In his quarters. The steward has a house near the king’s hall.”
“But surely, the steward would know that his presence would be needed in the hall with the return of the King and his retinue?”
“He probably did not know they had returned,” Firbis assured her.
She smiled quickly.
“He did not know they had returned? Why not, if he had returned with them?”
Firbis regarded her with a bland expression and did not respond.
“The evidence was that the household went to the game leaving only Sochla in the king’s hall,” Fidelma pointed out.
Whispers of the Dead Page 9
