Kyrian vs Iames/Aerin/Vera/Lyrak/Eloquent Rune/Virus/Gaheris

[wxdruid]

The court recognizes that Kyrian is a god and a citizen of the Town.

[Wukei]

Wukei clears her throat once again and gets back to the questioning. Not all towns allow for citizens arrest. Were you sure that this one allowed it before you tried to interfere with a fight between the police and your supposed 'wanted felon.'

[Renegade Paladin]

"I familiarized myself with the Town's legal code soon after arriving here, as my faith demands," Gaheris said. "It is remarkably bare-bones, and contains no prohibition upon citizen's arrest... or assault, for that matter, which is why I still have yet to enter a plea."

[Wukei]

Obviously you didn't read well enough. Assault is against the law or there wouldn't be so many trials against it here.

One more question, did you show any restraint in the attack when the 'police' had just wanted Kyrian taken into custody?

[Rainspattered]

Objection, your honour. Three is hardly "so many" and the trials are veritably burried in the records of the town. There is also the matter that the trials do not say in their title what is being tried. You honestly expect a law you do not list among your codified law and that is only listed in the text of three hidden, nearly invisible records to be widely known and understood. You're trying my client for a crime that is not even officially a law, by the legal code established within this town, and expect him to know what is within the specific limits of that law? No disrespect inteded, but that is hardly reasonable.

[Renegade Paladin]

"I read quite well enough; these trials are prosecuting a crime that is not on the books. If there is such a statute that I somehow missed, I would thank you to cite it," he snapped.

[Response removed until the objection is adjudicated.]

[wxdruid]

Gwen looks through her records.

There have been 9 trials that have dealt with assault including this one.

Laws are currently being codified based on past trials

Assault is against the law in this Town.

[Renegade Paladin]

"That there are trials does not mean that there is a law," Gaheris protested. "I can cite reams of precedent for 'trials' based on the whims of rulers rather than written law, which is what this appears to be given the total absence of an assault statute. Furthermore, charges based on laws that had not been formulated at the time of the alleged offense, to say nothing of still being unformulated at the time of the trial, are simply ex post facto and illegitimate."

[Going to step out for a bit; need to go shopping. And if you want him to answer the question, Gwen had better tell him to proceed after the objection.]

[wxdruid]

So you believe that because there isn't an assault statute that you can walk around and assault whomever you wish? Does it work the same with rape, looting, and whatever else someone decides isn't written down, thinking that because it ISN'T WRITTEN DOWN they can do whatever the ____ they want? Is that what you like about it all? You are seriously testing my patience.

[Renegade Paladin]

"No, I do not believe that, Your Honor," he said testily. "I would thank you to not place words into my mouth. I believe the legal code of this Town to be woefully deficient to the point of making it equivalent to a wilderness area of anarchy, thus invoking the Tyrrans' power to enforce justice in the absence of a local authority willing to do so or capable of the same. Hence, I believe that I am empowered to take action against rapists, looters, and other criminals under the basic principles of justice."

[Wukei]

Wukei looks at him incredulously, Who made you judge, jury, and executioner?

[wxdruid]

Gwen raises one eyebrow, Really, all I've really gotten from you is that you are the law and no one else really matters. I will not argue this any further. You can either answer Wukei's question or be in contempt of court.

[Rainspattered]

So, it is against the law, even though it has not yet been codified into law? Honestly, if a law can be enforced before it is codified, that essentially gives no legal basis on which to operate. You're enforcing a law that isn't there. You have previously refused to give me details on what the law does and does not entail. You are essentially expecting my clients to know not only of, but know the minute specifics of a law that does not even exist.
Additionally, your honour, given that there is no law against assault, and Lord Gaheris is on trial for such a non-illegality, because he should have assumed, essentially, that it existed, why is he not supposed to assume there is a law allowing Citizen's Arrest. You're creating a double-standard, here; one can be tried for Assault, though no law forbids it, yet one may not take action of Citizen's Arrest because there is not a law saying that one may do so?
Honestly, I despise all the forms of crime you mentioned, but until a law is made against them, legal action should not be taken against practitioners of them. Taking legal actions against those who have not technically commited a crime is the first movement down the slippery slope towards jailing anybody who speaks out against you without any legal precedent for doing so. You've started moving in that direction, and objects in motion stay in motion unless force is applied to stop them. You know that? It's a written law. As a judge, you may wish to look into it, conceptually. Both its idea and the concepts of the specific example as they apply to the court you are currently running.

[wxdruid]

((Gwen would love nothing more than to kick you all out of court, so you can stop the idiocy or I'll let her lose her patience.))

Next time I sit here and judge a rape case I'll remember to call you all.

[Rainspattered]

((In charging someone and sentencing them to prison for actions which have not violated any law, you're violating every sense of justice Aercath has by taking the first six or seven steps on a ten-step path to tyranny. He'd like nothing more than to leave this court, come back with the legions of the deathkeep and wipe it off the face of the earth. Regardless of whether or not what was done was wrong, you can't go around charging people of crimes that aren't really crimes. It's straight-up wrong. Especially considering that, when someone asked you for clarification on just exactly what the law was, you refused to even answer.))
I'd advise, that, before the case, you make the action of Rape illegal. Since you evidently have absolute power to do anything you like, you may as well actually write down the laws you've invented. It helps others know and understand them, unless you take some perverse joy in well-intending peopel trying to help their society being imprisoned for their trouble?

[McBish]

((Assault is a crime (http://en.wikipedia.org/wiki/Crime) of violence (http://en.wikipedia.org/wiki/Violence) against another person (http://en.wikipedia.org/wiki/Human).))

[Wukei]

(*Raises hand* um...when did the Town have a specific set of laws that weren't just basically the laws that some country in reality has come up with?)

[Rainspattered]

((McBish: Marvellous specifics, there. I like the way it deals with the issues of Perceived Threat, Self-Defense, Citizen's arrest, and so many other facets of the assault law that become pertinent in this case.))

((Wukei: One of those laws you're referring to being Citizen's Arrest?))

[Wukei]

(Hey, I'm playing both sides...I'm a friggin lawyer!)

[Rainspattered]

((I'm an anarchist defending various members of the town police force and arguing for a more codified set of laws. We're both super-lawyers! :smallcool: ))

[wxdruid]

Gwen bangs her gavel down, This court is in recess until tomorrow at 10am board time, no further posts unless you wish to be removed.

Gwen and Rain leave the courtroom.

[wxdruid]

Gwen comes back, Judge El Jaspero will hear the rest of Kyrian vs Gaheris, please wait for him to post before resuming questioning. Be assured I have informed him of all the details of this case.

Gwen bangs her gavel and leaves.

[EloquentRune]

(((OOC: The player in control of Eloquent Rune will not be on for a few days because he has just gone through an appendectamy (had his appendix removed) and is recovering slowly he should be back on by tuesday at the latest, hopefully))

[wxdruid]

((Thank you Eloquent Rune, best wishes and I hope you recover quickly.))

[El Jaspero, the Pirate King]

El Jaspero arrives in a swirl of black robes and heads immediately to the judge's desk. He gives the courtroom a stern look, then reaches down to adjust the chair, and resumes his stern look.

"Judge Gwen has asked me to take up this case for her, and I have gladly accepted. I have reviewed this case and am prepared to take up where she has stepped away, but be aware that I have very little tolerance for courtroom shenanigans and haggling. Any more of this nonsense about the Town's lack of a formal legal code and I will charge the speaker with contempt of court and have them removed. This Town operates on an informal legal system of common sense, good roleplaying, and common law."

His gaze takes in the entire room, but rests on Gaheris, Wukei, and Aercath in particular. "If you want a fully-described legal code, you are welcome to create it. In your own town. Your participation here indicates an implicit willingness to obey and follow its legal code, whether or not you agree with its structure or lack thereof."

"Even the simplest review and shallowest knowledge of this Town's history will reveal that attacking a citizen without provocation is a crime. It will, however, also show that we have a long-standing tradition of an extremely well-armed citizenry defending itself. Any notion that we have no precedent for a citizen's arrest is nearly as absurd as the notion that assault is not a crime."

He bangs his gavel.

"Wukei, please continue quesitoning the witness."

[Wukei]

Wukei smiles at El J, I have no more questions at this time, your honour.

She heads back to the plaintiff's desk.

[El Jaspero, the Pirate King]

The judge nods. "Aercath, your witness."

[Renegade Paladin]

Gaheris' head raised as his mouth set into a deep frown. This was an interesting development indeed. Nothing to do but roll with it, though. He nodded to Aercath.

[McBish]

McBish walks into the courtroom and takes a seat in the back listening to what is going on.

[Renegade Paladin]

Gaheris passes the time trying to develop a gaze attack while waiting for Aercath to shake off the effects of the water.

[Rainspattered]

Gaheris, please describe the events in Hookah Hank's that night, including how you attacked Kyrian, what brought on your attack, and the intent of your attack, and if and when you ceased to attack Kyrian.

[Renegade Paladin]

He nodded. "I entered Hookah Hank's on the night in question with no idea that Kyrian was present in the building. At this point, I did not know that Kyrian was a god; though I'd been told, I did not fully believe it. I did know that Kyrian was a murder suspect and that he had previously killed Lyrak, so when I saw them both in the building, I moved to sit next to Lyrak, in case Kyrian should try to kill him again. After sitting at Lyrak's table, I heard Kyrian say that Iames was coming, and 'bringing his whores with him,' was the phrasing I believe he used," he said, with a short but meaningful glance towards Aerin.

"I told Lyrak to prepare himself, because I had no idea what to expect from Kyrian, but whatever he did, I expected it to be violent given what I knew of his history. Shortly thereafter, Detective Iames and Officers Verdandi and Hitomi appeared in Hookah Hank's, seemingly via teleportation, and informed Kyrian that both he and Arha were under arrest and that the police were authorized to use force if they did not come quietly. Kyrian responded with a laugh and made no move to surrender.

"Iames responded to this defiance with some form of magical or psionic effect that seemed to imprison Arha, though Kyrian quickly dispelled it. Arha then disappeared into Kyrian, seeming to simply flow into his body and vanish.

"At this point, I saw that one of the suspects had escaped and the other seemed likely to either attempt escape himself or fight, given that he had already used magical abilities to resist. At this point I responded by attempting to use a magical device of mine, known as the iron bands of Bilarro, on Kyrian.

"The iron bands are a relatively simple device; they take the form of a small sphere of metal that expands into a set of interlocking iron hoops when thrown at a creature and attempts to ensnare that creature. It does not harm the target; it merely renders him immobile.

"Kyrian [against all laws of motion,] managed to deflect this mass of iron by firing a single bullet at it, causing it to move off course and miss him. Iames had already responded to the evident refusal to come by firing some form of magical ray at Kyrian. At this point, I'm fairly certain the Dark manifested; Iames' eyes changed color to a bright yellow and he removed his badge before firing his sidearm at Kyrian.

"At this point, I saw that conventional measures weren't going to affect Kyrian in the slightest. Having little fear of actually managing to kill him, I attempted to distract him by throwing a hookah in his direction, but he seemed not to notice. I then moved in closer so that I could attack him more directly if necessary.

"I did nothing else until Verdandi moved to attack with her sword. I followed her example, moving behind Kyrian and striking for effect, attempting to disable him as best I could so that he could be taken into custody. I managed to wound him, but he simply healed himself nearly instantly.

"At this point, Alarra and our honorable judge," he continued, casting a sidelong glance at the bench next to him, "entered the bar. As they walked in, Iames nearly disintegrated me with a missed attack against Kyrian. At this point I demanded surrender, with the same effect as the earlier arrest notice. I then attempted to render Kyrian unconscious with a blow to the back of the head, which completely failed to phase him.

"After that, El Jaspero and Alarra attempted to reason with Kyrian. I took the opportunity to back off and retrieve my iron bands, and did not attack further. After Kyrian agreed to surrender, I set about healing the bar's chef, who had somehow managed to become trapped under a broken table out front despite having been in the back all night." [Ah, the joys of broken continuity. :smalltongue:]

"That should be all of the pertinent details. I acted throughout under the assumption that detaining mass murderers who are likely to kill again is an acceptable activity," he said, almost pointedly.

[Rainspattered]

Essentially, you did not attack until the Police had already struck, when you moved to aid them with a device designed to detain Kyrian. When this failed, you tried various other forms of attack to distract him. You joined Verdandi in an attempt to subdue him with his physical force, though not kill or severely injur him, to no avail. After which you tried to reason with him. Am I correct in my interpretation and summary?

[Renegade Paladin]

"You are."

[Rainspattered]

Please, if it is not forbidden to you, describe, in brief, your paladin vows to us.

[Renegade Paladin]

"Gladly. I am sworn to uphold the good and the right, and never to turn to evil. I must respect the weak and defenseless, and spare no effort to defend them. I must respect legitimate authority, help those in need, and punish those who harm the innocent. I must act with honor, never resorting to poison, cheating, or directly lying, among other things proscribed by my honor code.

"Additionally, as a lord of Tyr's church and member of my order, I must spread justice wherever I go, uphold the laws of legitimate, non-tyrannical governments, and oppose crime against both those laws and the just principles of Tyr. Should I violate any of these, Tyr will withdraw his blessings until I have made proper penance."

[Rainspattered]

"Then, should it not hold true that if you intended to harm Kyrian unjustly and not in accordance with the just law against assault upon another, you blessings by Tyr would be revoked?"

[Renegade Paladin]

"Yes, it would."

[Rainspattered]

"Your honour, if I may, I would like to use Tyr as a sort of "character witness" to showcase that my client did not intend to break the law, and actually believed he was acting within the law, in supporting officers of the law, enforcing the law, and supporting the laws against murder himself. I wish to show that he did not hold criminal intent, and acted to aid the justice system of this Town according to his understanding of its legal code. Since I cannot summon a deity, or, rather, cannot do so and guarantee anyone's safety, I wish to summon a few undead to serve as my evidence, instead. If Gaheris is able to turn them, the evidence points towards what I described above. To ensure there is no foul play, I would of course permit a brief disjunction or similar effect upon myself, to prevent me from casting any effect that would resemble a turning. Although, if any here have ever seen a Paladin's turning, such an effect would be difficult to replicate as well as difficult to miss. Do I have the court's permission to act in such a manner, as stated above, to show my client's intent, your honour? Of course, your willingness and ability, I understand paladins are allowed to turn undead only so many times in one day, would be required, as well."

[Kyrian]

Objection, the question in this case is not whether he SHOWED criminal intent, but whether his actions constitute as assualt.

[El Jaspero, the Pirate King]

Judge Jaspero frowns. "It is a well-known fact that Tyr and his servants, noble as they are, consider themselves above 'earthly' law, freely breaking it when they deem it necessary. Objection sustained."

[Rainspattered]

This is to prove that my client was acting with the intent of a Citizen's Arrest and in the aid of the GUFIPolice, your honour, since beyond those two facts, the totality of this case is based upon your interpretation of Assault and Citizen's Arrest.

[El Jaspero, the Pirate King]

El J raises an eyebrow. "Do you doubt my ability to interpret the law even-handedly, Aercath? As I have pointed out, Tyr's continued blessing of Gaheris does not necessarily indicate that he didn't break a law. Your motion is refused. Please continue."

[Rainspattered]

"I do not doubt your ability, and had no intent of insinuating such, my apologies for any misconstrued meaning. As stated above, I only wished to use Tyr's blessing as an effective 'character witness'. With such a motion denied, I have no further questions, your honour."

[Renegade Paladin]

"Your Honor, if I may, it is a well-known fact that Tyr's servants such as myself value just mortal law; we only knowingly take the law fully into our own hands when we are legitimately in power or in an area where there is no effective government or unjust government. I believed that I was working within citizen's arrest, not that the Town's law did not apply to me."

[El Jaspero, the Pirate King]

Judge Jaspero nods. "Your values and judgment are not being called into question, Sir Gaheris, merely your god's favor as proof of the legality of your actions. ou may step down. Wukei, Kyrian...have you any more witnesses to call?"

[Renegade Paladin]

Gaheris left the stand and resumed his seat.

[Rainspattered]

"I believe, what his honour is trying to say, is that if you did not believe the law applied to you, from Tyr's persective, you would still retain your blessing because you acted in his view of justice in either case. It's impossible to tell which way you believe based upon the test, and thus such a test is irrelevant. If my client has any clarification he would like to give upon the beliefs of his deity, may he, your honour? I apologize in the event I am incorrect in my summary of your opinion.

[El Jaspero, the Pirate King]

"You are correct, Aercath. I am not unwilling to hear additional information, but neither am I willing to allow this courtroom to be turned into a battle arena for a display of dubious relevance to the case. Give me something good and I'll consider it, but for now we will proceed."

[Renegade Paladin]

"I believe that I have imparted all the information concerning Tyrran faith relevant to this proceeding that I can, Your Honor," Gaheris said before sitting.

[Wukei]

Wukei stands, I would like to call Kyrian to the stand, Your Honour.

[Kyrian]

Kyrian steps up to the stand.

[El Jaspero, the Pirate King]

"Kyrian, do you swear to tell the truth, the whole truth, and nothing but the truth by that which you hold sacred?"

[Kyrian]

I do, by everything I hold sacred.

[El Jaspero, the Pirate King]

El J nods. "Wukei, please proceed."

[Renegade Paladin]

Gaheris briefly toyed with the idea of bodily shoving Wukei towards the stand as she sat lolling over the prosecution's table (why do these lawyers constantly insist on having glasses of water if the water makes them sleep?), but quickly dismissed the notion.

[The_Brain_Virus]

((sorry guys, I have been busier than a busy peron being busily busier than busy. Oh, and my plea is that i was defending my establishment, I attacked him yes but out of defense for my livelyhood. so i am not sure if that is guilty or not guilty.))

[El Jaspero, the Pirate King]

El J looks around the room. "As Wukei seems to be absent, I will ask you tp step down, Kyrian. Have you any additional witnesses to call?"

[Kyrian]

I don't think so, Your Honor. Kyrian steps down.

[El Jaspero, the Pirate King]

El Jaspero nods. "Aercath, have you any witnesses to call?"

[Rainspattered]

"I request only your hear whatever Gaheris has to explain to you upon the Tyrian faith. Such religion is not my field of expertise, and he can explain much better than I, I'm certain. If his explanations convince you to allow a demonstration, I may have further requests pending the results of the demonstration. For now, I ask only that you hear Gaheris' words."

[El Jaspero, the Pirate King]

"I believe that I have imparted all the information concerning Tyrran faith relevant to this proceeding that I can, Your Honor," Gaheris said before sitting.

"If Sir Gaheris has nothing further to add, your request for this 'demonstration' is still denied, and I am prepared to rule on this case."

Judege Jaspero raises a questioning eyebrow at Gaheris.

[Wukei]

(Sorry...I got really really sick and slept most of Monday and today...)

[Renegade Paladin]

"If Sir Gaheris has nothing further to add, your request for this 'demonstration' is still denied, and I am prepared to rule on this case."

Judege Jaspero raises a questioning eyebrow at Gaheris.
"I have stated that if I knowingly engaged in criminal behavior against the interests of justice, I would no longer receive Tyr's blessings. If this is not enough assurance for you to accept that a test of those blessings would demonstrate anything conclusive, then nothing else I can say will change that."

[El Jaspero, the Pirate King]

Judge Jaspero furrows his brow. "This is a delicate case indeed. I am loath to punish a paladin, much less a servant of Tyr, for doing what he saw as his duty to aid the police of this Town in what was clearly a dangerous criminal. Such behavior should be rewarded, not punished."

He shuffles the papers on his desk. "That said, I also cannot condone complete anarchy, where everyone is allowed to define law and hand out punishment as they see fit. My understanding of the incident is that you did not identify yourself as a paladin of Tyr; not only did you fail to request Kyrian's surrender, it appears you barely bothered to talk to him at all. I encourage you in the future to explore your alternatives before drawing a weapon."

He bangs his gavel. "Sir Gaheris, I sentence you to four hours of jail time, and expect you to begin serving your sentence within twenty-four hours."

"We will continue this trial once either Eloquent Rune or Virus reports to this courtroom."

[EloquentRune]

Eloquent Rune walks to the front of the courthouse.

[El Jaspero, the Pirate King]

Judge Jaspero smiles. "Very good. We will now proceed with the charges against Eloquent Rune; thank you for attending. Kyrian or Wukei, please call your first witness."

[Wukei]

Wukei stands, Your Honour, we would like to call Eloquent Rune to the stand.

[Renegade Paladin]

"As you say, Your Honor," Gaheris said darkly, before abruptly turning in a swirl of his cloak and stalking out.

[El Jaspero, the Pirate King]

Judge Jaspero nods. "Eloquent Rune, please come forward."

[EloquentRune]

Eloquent Rune Steps up to the stand.

[El Jaspero, the Pirate King]

"Eloquent Rune, do you swear to tell the truth, the whole truth, and nothing but the truth by that which you hold sacred?"

[EloquentRune]

By all that I hold sacred I do swear to tell nothing but the truth and it in its entirety.

[El Jaspero, the Pirate King]

"Very good. Kyrian, please begin, unless Wukei is sufficiently recovered to resume her duties?"

[Wukei]

Wukei nods, I am, your honour.

She stands and approaches the witness. Please state before this court your view of all that occured during the fight against Kyrian in the Hookah bar that day.

[EloquentRune]

((sorry had to go back to the hospital))

My perspective on the fight between Kyrain at the Hookah bar was that I was trying to help the police arrest him, and I was trying to just do my job as the bouncer of Hookah Hank's . I did stop attacking and backed off, but then when my boss came in and was told the situation he told me to attack again and I couldn't argue with him due to the fact that the job I have there is important to me. After that though the situation is a slight blur to me.

[Wukei]

As a bouncer your duty is to throw out all offending parties that fight in the bar, correct? Did you take into account that Kyrian didn't strike at anyone, but was only using defensive measures?

[EloquentRune]

That is why I stopped attacking when I did. I realized he wasn't attacking back.

[Wukei]

Wukei nods. Very well. No further questions, your honour. She returns to her seat.

[El Jaspero, the Pirate King]

"Aercath, your witness."

[Rainspattered]

You were on Private Property which you were charged with guarding when these events occured, correct?

[Wukei]

Objection, your honour. He assaulted my client on private property before being given approval by the owner of the estate.

[Rainspattered]

I haven't yet mentioned Kyrian. I asked if he was charged with guarding Hookah Hank's, in his position of employment as a bouncer, among other things, at that establishment, the afformentioned Private Property, when these events occured.

[Wukei]

It is insubstantial to the case!

[El Jaspero, the Pirate King]

El Jaspero frowns.

"It is certainly within the duties of a bouncer to protect the premises. It would be far-fetched to assume that he'd need his employer's command prior to acting in defense of the establishment every single time.

"However, I have yet to see any proof that Kyrian was in fact endangering either the restaurant or its patrons prior to being attacked by Eloquent Rune. Wukei's objection is overruled, but you're still on shaky ground, Aercath. Please proceed."

[El Jaspero, the Pirate King]

Judge Jaspero flips the page on his calender and looks around the courtroom with evident displeasure.

"As neither of our remaining defendants have been present for most of the last few weeks, nor their defense attorney, I find no way to proceed with this trial at this point. Until they return to a more consistent posting schedule, this trial is in recess indefinitely."

He bangs his gavel, then leaves the courtroom.

[Rainspattered]

"Terribly sorry, your honour, I mentioned to Gwyn trouble in my home city might take me away for a time. I should have remembered to give you a similar warning. My deepest apologies. Allow me to collect my thoughts again, and I am ready for the trial to resume. Eloquent Rune is still missing, I beilieve?"

((That's In Character code for I went to Thailand for a month and totally forgot to tell you, it would seem.))

[El Jaspero, the Pirate King]

"Indeed, it would seem so. Until your client appears in this courtroom, this trial is still on hold."

[EloquentRune]

((ER RETURNS FROM THE GRAVE!!!!!))
((aka. has returned after his laptop was destroyed in a freak falling down a flight of stairs incident and then had no more internet access until he got another laptop and returned to school))

[El Jaspero, the Pirate King]

Judge Jaspero smiles.

"Welcome back, Eloquent Rune. We will begin again with Aercath's questioning once the lawyers report in."

[Kyrian]

Kyrian wakes up.

[Rainspattered]

"I am ready to begin when you are, your honour."

[El Jaspero, the Pirate King]

Judge Jaspero smiles. "All parties are again present; please proceed, Aercath."

[EloquentRune]

I would like to tell the court that I have asked McBish to be my lawyer for the rest of the case seeing as how mine has vanished.

[El Jaspero, the Pirate King]

"Kyrian, have you any objections to Eloquent Rune's request?"

[Kyrian]

No, but I have an objection to an answer Eloquent Rune gave earlier.

[McBish]

McBish stands up and heads up to the front of the courtroom and waits to hear what this objection is.

[Kyrian]

((sorry had to go back to the hospital))

My perspective on the fight between Kyrain at the Hookah bar was that I was trying to help the police arrest him, and I was trying to just do my job as the bouncer of Hookah Hank's . I did stop attacking and backed off, but then when my boss came in and was told the situation he told me to attack again and I couldn't argue with him due to the fact that the job I have there is important to me. After that though the situation is a slight blur to me.

Your Honor, the part in bold is a lie, and I have proof that Eloquent lied while sworn in to this court.


ER backs off some but still has his energies up

First, Eloquent did back off as he said, but then here's Virus' entrance:


Virus finaly hears the commotion and comes out from the back...


"WHAT IS GOING ON HERE!!!"

Virus looks dangerously mad.

As shown here, Virus did not order Eloquent to attack me again, yet here:


Hey, haven't seen you in a while boss. There is a small brawl here if you haven't heard it through the walls

ER strikes at Kyrian with a heavy blow.

Shows that Eloquent's very next action was to attack me, without order.

[McBish]

Your honor my client was ordered to attack Kyrian by his boss.


Virus turns to Rune

"Well.. lets end this...."


Virus ports behind kyrian and reaches out a huge hand to try to connect with kyrian and control his mind.

[Kyrian]

Ah, but that order came after Eloquent resumed attacking.

[McBish]

Your honor my client had a standing order to keep order in this establishment. He stoped attacking when he became unsure of his actions. When his employer entered the scene and showed his obvious displeasure at the scene Eloquent resumed his standing order.

[El Jaspero, the Pirate King]

Judge Jaspero nods. "This is all true. But your client has yet to prove that Kyrian was in fact endangering the premises or its patrons at the time. I've heard nothing so far that leads me to that conclusion."

[McBish]

Your honor if you would let me to continue... well start my line of questions I plan on showing on how removing Kyrian from the premise of Hank's would remove the danger to the patrons and the building itself.

[El Jaspero, the Pirate King]

El J nods. "Please proceed."

[McBish]

Thank you your honor. ER is it your duty as a bouncer to uphold the laws of this Town?

[EloquentRune]

No it is not

[McBish]

Would it be fair to say that you postion requires you to stop fights from happening in Hank's in the most effective way possible?

[EloquentRune]

Yes the most effective way possible

[McBish]

And when you saw the fight, did it seem to be centered around one person in particular?

[EloquentRune]

Yes, it was centered around Kyrian.

[McBish]

So removing Kyrian would have stopped the fight?

[Kyrian]

Objection!

Your Honor, we've covered with Iames, Aerin, Vera, Lyrak, and Gaheris that I never once drew arms or attacked. I was only minding my own business.

[EloquentRune]

Yes, if Kyrian was removed from the Hookah bar then the fight would have left as well.

[McBish]

Your Honor my client wasn't trying to stop assualt. He was trying to stop a fight. The fight was centered around Kyrian. No Kyrian, no fight.

[El Jaspero, the Pirate King]

Judge Jaspero raises an eyebrow.

"So...if a street gang entered the tavern and attacked an innocent patron, it would be the bouncer's duty to help them dispatch the patron as quickly as possible?"

[McBish]

Your honor, my client didn't try to kill Kyrian. I doubt he even could seeing how Kyrian is a divine being. He was in no real danger from these attacks, as was evident by his lack of reaction to them. And it was no street gang that attacked him but several officers of the law. But that doesn't matter. In your example if the bouncer sees that the only way to prevent a fight in his place of employment he is within his rights to ask the innocent patron to leave, and even throw him out. Most establishments have a long standing tradition of having the right to refuse anyone service. Esspecially if they are causing trouble, but even if they aren't. I'm not saying this is the moral thing to do, but I'm not here to debate morals.

[El Jaspero, the Pirate King]

Judge Jaspero looks at McBish in amazement. "So, in the hypothetical case of the street gang and the patron, you're saying the bouncer would be justified to ask, and possibly even force the patron to leave, to even throw them into the street to be assaulted by the gang outside, off the premises he's protecting?"

[McBish]

Your honor I'm not saying that it is the moral thing to do, but if this street gang posed a threat to the establishment or the patrons inside then yes. I wouldn't like to argue that case in a court of law though, which is why I'm glad that this case has very different circumstances.

[El Jaspero, the Pirate King]

"So you're saying the bouncer's duty to protect the establishment is greater than the duty to protect its patrons?"

[McBish]

If the patrons bring trouble into the establishment then yes.

[El Jaspero, the Pirate King]

"And, presumably, also in the case where 'trouble' finds its victim even if they did nothing to provoke it?"

[Renegade Paladin]

Gaheris raised an eyebrow from his seat at the back. 'I would call committing nearly a hundred murders a fairly serious provocation,' he thought to himself as he watched the proceedings.

[McBish]

Again your honor while fascinating as this hypothetical case is, I wouldn't want to argue it. Which is while I'm glad that this case isn't like this one. While Kyrian didn't physically assault anyone he did provoke a fight by refusing to be arrested in a peaceful manner.

[El Jaspero, the Pirate King]

El Jaspero nods. "That is true, and that has been dealt with in other trials. What is at issue here is your client's choice to enter said fight, and I believe you have firmly established your line of argument. Please continue with your questioning."

[McBish]

So seeing that Kyrian was at the center of the fight you attempted to use froce to remove him to stop that fight, by removing the cause of the brawl, correct?

[EloquentRune]

Yes that is correct

[McBish]

Thank you your honor, I have no more questions for this witness.

[El Jaspero, the Pirate King]

The Judge nods. "Eloquent Rune, you may be seated. Kyrian, do you have any further witnesses to call?"

[EloquentRune]

E_R goes and sits in the back of the court room

[Kyrian]

Not for Eloquent's part in this, Your Honor.

[El Jaspero, the Pirate King]

Judge Jaspero nods. "McBish, have you any other witnesses to call?"

[McBish]

Yes your honor I would like to call Kyrian.

[El Jaspero, the Pirate King]

"Very well. Kyrian, please come forward."

[Kyrian]

Kyrian takes the stand.

[McBish]

Kyrian did you recive any medical attention or magical healing after this fight?

((I'm assuming we are assuming he is still sworn in.))

[El Jaspero, the Pirate King]

((That's fine.))

[Kyrian]

No I did not, but I fail to see what this has to do with Eloquent Rune's assault against me.

[McBish]

So any force used against you didn't harm you enought to make you seek any healing? McBish ignores Kyrian's questioning statment.

[Kyrian]

No, it didn't.

[McBish]

Thank you, no further questions.

[El Jaspero, the Pirate King]

"Kyrian, you may be seated. McBish, have you any further witnesses?"

[McBish]

No your honor.

[Kyrian]

Kyrian leaves the stand.

[El Jaspero, the Pirate King]

"Very good. Kyrian, please make your closing statements."

[Kyrian]

As pointed out with the other five people, Iames, Aerin, Vera, Lyrak, and Gaheris, I never once drew arms or attacked at all. The assault was started against me, and in this, I was completely innocent. If Eloquent was truly doing his job and trying to get the fight out of the building, he should have gone after everyone attacking me, instead of attacking me.

[El Jaspero, the Pirate King]

Judge Jaspero nods. "McBish, your closing statements please."

[McBish]

ER was put in a very difficult position the night in question. Here he was charged with the duty of protecting Hank's and the patrons within it. Then come Kyrian and Arha. They sit down for a meal and suddenly in pops several members of the police force to arrest Kyrian for several murders. Kyrian shows no sign of going peacefully and stopped any attempt to hold him non-violently. ER was forced to make a decision. A fight that could very well destroy Hank’s was about to break out and even though Kyrian made no attack against the officers he could at any moment. ER recognized that the quickest way to put an end to this fight was to help capture Kyrian. If ER had tried to throw out or attack the officers he would have been in court today defending himself against charges of interfering with police business. So ER did the only thing his duty allowed him to do, try to help the officers restrain Kyrian before the officers destroyed Hank’s attempting to capture the uncooperative Kyrian.
The prosecution might try to make you believe that ER used excessive force in this case, yet Kyrian wasn’t harmed in the slightest by ER’s efforts. He didn’t react to them at all. And the prosecution didn’t show one case of ER’s attacks actually hitting, just that he attempted to. Your honor I would hate to see this man punished for doing his job, and making a difficult choice.

[El Jaspero, the Pirate King]

Judge Jaspero sits back in his chair and thinks a moment, then leans forward.

"This is a challenging case indeed, made no less so by its delays and proliferation of lawyers. McBish, I find your arguments callous in the best of light and getting ever closer to wicked the closer I examine them. It was indeed your client's duty to protect the establishment, and I would be much more likely to believe that argument had he ever requested that Kyrian leave. Instead he leaped into the fray and immediately attacked the one person in the combat who was not, in fact, endangering Hookah Hank's at all.

"It likewise matters not that Kyrian was unharmed during your client's attack; it was his intent to do harm, and the fact that he was unsuccessful makes his intent no less dangerous to a civil society. The police were there, performing their duties; your client would have been best-advised to stand back and let them perform them, rather than taking a path that borders on vigilantism.

He eyes Eloquent Rune.

"Eloquent Rune, I find you guilty of assault.

"However, since you were ostensibly performing your duties, albeit poorly and overzealously, I will cut your sentence in half, to a mere 9 hours. I urge you to report to the Town Jail within 24 hours, lest you be accused of contempt as well."

He bangs his gavel. "The case of Kyrian vs. Eloquent Rune is hereby closed."