Yew vs William Smit

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The Court of Truth

The Town of Yew vs. William Smit IV July 2, 2000, Court of Truth, Yew, Atlantic Shard Windlord: Then lets get started. The first task is to select the jury. Would the following people step forward: Servantes, Craig, Jared, Ivanhoe, and Rictor.

Pyros: Step forward please

Windlord: The defense and prosecution may each select one juror to strike.

Scarab: The people strike Ivanhoe.

Dyluck Blade: The defense strikes Servantes.

Pyros: You three come with me. Stand over here. *Nods to windlord*

Windlord: Ok we shall begin with the opening statements from the people.

Scarab: Ladies and gentlemen of the jury, good afternoon. My name is Scarab and I am representing the people of Yew. This case is simple. The defendant William Smit attacked and murdered Auren Therion. It was not an attack of self-defense. It was not motivated by an act of war. It was a simple but tragic act of mindless violence. You will hear form the witnesses that Will and Auren had been arguing. Not over gold or land or a woman, but over petty differences. This argument turned bloody when Will decided to raise his sword against Auren and strike him down in front of the Yew Council Hall. Listen to the evidence. Look for what Will thought. And at the close of the trial you will find the defendant guilty of murder. Thank you

Dyluck Blade: Hello, I'm Dyluck Blade, and I will be defending this poor twisted soul. What you see there is a man, as juvenile as a child who was possessed by a temporary rage brought on by the argument with Auren. Now, the defense will show that Will was clearly insane at the time of the alleged murder and that he is clearly too unstable to be charged with murder. Thank you.

Windlord: The people may now call its first witness.

Scarab: The people call Auren Therion.

Pyros: Auren Therion, Do you swear by the virtues to tell the whole truth?

Auren Therion: Aye I do.

Scarab: Auren, do you know the defendant?

Auren Therion: Aye.

Scarab: Can you please tell the jury how you know him?

Auren Therion: I have met him upon occasion. Spoken to him.

Scarab: Did you have occasion to argue with the defendant three days ago?

Auren Therion: Aye there was an argument between us.

Scarab: Can you explain what happened?

Auren Therion: Well it began in Empath Abbey. I was helping a friend by giving some reagents. Sir William then made a comment that I should be saving my reagents for myself. I told him to hush, that it was my business. After my friend parted I do not remember how it started but either Sir William or I made a shrewd comment and we began to mutter back at each other. It must have been the summer heat for I am not one who usually angers with such ease. But the comment I made which angered him was the one I made about creating an asylum. For I meant that he should be put in one. The argument continued with each of us and till I decided to rest for that day. I was too exhausted to continue on.

Scarab: Now Auren, when you made that comment about an "asylum," did you then or now believe Will to be insane in reality?

Auren Therion: Nay it was a joke I would say because I knew how much it angered him.

Scarab: *nods* Drawing your attention to earlier today, did you see Will Smit?

Auren Therion: Aye I did.

Scarab: When?

Auren Therion: I saw him at the Yew Town Council meeting.

Scarab: And what happened there between you two?

Auren Therion: He wished to discuss with me about our former argument. He attempted to make apologies but in such a way I knew it not sincere. But in such a way I knew it not sincere. So I declined his apology and said that in time I would accept the apology but at the moment I had other matters.

Scarab: What happened next?

Auren Therion: I then turned and walked toward the Meeting Hall. And as I was reaching the hall I felt a sharp pain. I then began to feel dizzy. I thought I was suffering heat exhaustion and began to slowly make my way to the town hall. When I turned I saw Will behind me, and a wound at my side. I then began to go into convulsions and soon became paralyzed. I notice the door swing open and Lady Gwendolyn rushing out. She attempted to use magic to aid me but it was too late. In a last attempt I lifted the staff I carried and I collapsed as I saw Sir William running off.

Scarab: You died?

Auren Therion: aye

Scarab: Did you ever make any threats to Will?

Auren Therion: I have jokingly

Scarab: Did you ever raise your hand to Will?

Scarab: Attack him?

Auren Therion: Once I did

Scarab: Why? Briefly.

Auren Therion: He had made a comment as to my senility and I merely whacked him with my staff atop his head and it broke.

Scarab: Did you kill him or mortally wound him?

Auren Therion: nay

Scarab: Finally, when Will attacked you today, did he look insane to your perception?

Auren Therion: Nay he looked rather calm

Scarab: Thank you Auren. No further questions.

Windlord: The defense may cross-examine the witness.

Dyluck Blade: So, you were merely joking when you claimed he belonged in an asylum?

Auren Therion: aye

Dyluck Blade: Do you think, he took it as a joke, or did he take it to heart?

Auren Therion: In my opinion, I believe it did upset him.

Dyluck Blade: And, were you joking when you broke your staff on his head?

Auren Therion: Yes and no

Dyluck Blade: Which one, they're opposites you know

Auren Therion: I wanted to get him back for his comment but I did not intend to do anything serious

Dyluck Blade: So, it was a lovetap that broke the staff? Because, it wasn't a serious hit?

Auren Therion: well I had no intention of breaking my staff. But the fact that he had a plate helm on and his head is rather... hard

Dyluck Blade: All right that's understandable. So, the day he killed you, you rejected his apology, correct?

Auren Therion: aye

Dyluck Blade: All right, and you did this because it "wasn't sincere?"

Auren Therion: I did not think that his apology was sincere

Dyluck Blade: So, let me get this straight, you claimed he was a loon, hit him, then refused an apology?

Scarab: Objection. Your Honor, the witness has already testified to this.

Windlord: Sustained

Dyluck Blade: Fine fine, withdraw the question. That boy over there, if he did mean those apologies, and was hurt from your previous actions, would be under a great deal of stress then correct?

Scarab: Objection. Nothing has been said to the point that Will is unstable. It is an unestablished point

Dyluck Blade: Just look at the man

Scarab: Objection your Honor

Windlord: Aye, sustained.

Dyluck Blade: Alright alright, the defense rests then

Scarab: Brief re-direct your Honor?

Windlord: Very well

Scarab: Auren

Scarab: You said you hit Will on the head with your staff, when was this?

Auren Therion: This was some time ago

Scarab: Thank you, no further questions.

Windlord: Ok, Auren you are excused. Do the people have more witnesses?

Scarab: The people call Pyros.

Gotter McVay: Do you swear to tell the truth, the whole truth and nothing but?

Pyros: I do

Scarab: Pyros, directing your attention to today's Town Council meeting, did you witness the attack on Auren?

Pyros: Well I was inside the building, but Will asked Auren to come outside for a moment. They went outside, and after a while came back in. Then Will asked Auren to step out again. They went out. I later heard footsteps coming up to the door just as we were starting. Then I heard a scream from outside and we all bolted out the door. And I saw Will running off.

Scarab: What happened next?

Pyros: We revived Auren, and soon after I think Gotter and another citizen brought Will back. Using my rune, scarab gated to the prison where we locked him up and he confessed to the murder.

Scarab: You say he confessed?

Pyros: thats right

Scarab: Do you recall what his words were?

Pyros: Ah yes, give me a moment. Well basically he confessed that they had been arguing and that he killed Auren. He said it wasn't a spur of the moment thing and that he was sorry.

Scarab: Ok, did Will seem insane to you?

Pyros: No he didn't

Scarab: Was he very clear in his confession?

Pyros: Yes he was

Scarab: And was he mistreated in any way while being questioned?

Pyros: No he wasn't

Scarab: Thank you Pyros. No further questions

Windlord: The defense may cross-examine

Dyluck Blade: Pyros, during the confession you asked, Why kill him, correct?

Pyros: Correct

Dyluck Blade: And what did he say in response?

Pyros: He wouldn't accept the apology

Dyluck Blade: anything else?

Pyros: he said something about losing control and that it was all his fault

Dyluck Blade: So, Will had lost control at the time of the killing?

Scarab: Objection. This witness knows only what Will said, not what was in Will's mind.

Windlord: Aye the defense should rephrase

Dyluck Blade: Alright, so according to Will, he was out of control, correct?

Pyros: Correct

Dyluck Blade: No further questions

Scarab: The prosecution rests your Honor

Windlord: Ok the court excuses Pyros. The defense may call its first witness.

Dyluck Blade: The defense calls William Smit IV. So Will, did you take any of the victim's comments as jokes?

William Smit IV: At first I didn't... But the one about the asylum...really struck a cord in me...

Dyluck Blade: Why did it strike a chord Will?

William Smit IV: I'm known for my goofy personality, and the way Auren took it really hurt me. And that one comment...it...pretty much summed it all up for me. It angered me when I heard him say that.

Dyluck Blade: And, how did you feel when he whapped you on the head?

William Smit IV: Well...I felt very threatened by it. It's not easy...easy to talk about it. It made me feel very afraid.

Dyluck Blade: So, you were afraid, and confused, correct?

William Smit IV: Aye.

Dyluck Blade: Then, today, did you mean those apologies?

William Smit IV: Yes, of course! I hate having enemies. I hate to resort to fighting as well. I could not live like I was with Auren. I wanted to console.

Dyluck Blade: So, after being verbally and physically assaulted you were mentally weary, then when he refused those sincere apologies, you snapped, correct?

William Smit IV: Aye, I couldn't stand it. It was horrific! I could not live with such spite Auren had toward me.

Dyluck Blade: Alright, no further questions

Windlord: The people may cross-examine

Scarab: Thank you your Honor. Will, you killed Auren in cold blood, right?

William Smit IV: No, I certainly had a reason for it!

Scarab: Let me repeat the question. You killed Auren correct?

William Smit IV: Yes.

Scarab: Auren did not attack you today did he?

William Smit IV: Nay, not today...

Scarab: And you killed him today?

William Smit IV: Aye, I did....

Scarab: No further questions

Windlord: The court excuses William

Windlord: Doe the defense have any further witnesses?

Dyluck Blade: Nay your honor the defense rests

Windlord: Very well the people may make its closing arguments

Scarab: Ladies and gentlemen of the jury, As I said when this case began, this is a tragic but simple matter. William Smit murdered Auren Therion over a series of petty insults. You heard Will say it. You heard Pyros say it. That is not an issue. Will claimed he felt threatened by Auren after Auren hit him on the head with his stick. Ask yourself, would you feel threatened by an attack that resulted in a broken stick and no serious injuries that occurred a long time ago? In his opening Dy said that Will is insane, that is the reason he attacked Auren. Will said he "snapped." Surely no reasonable person would attack another without provocation. The people do not contend that WIll had no motive, just a very poor one. But that does not make WIll insane. Indeed, listen to the defense. Look at Will. Ask yourself if he looks insane to you? Recall the evidence, remember the testimony you heard, and after that come back with a verdict of guilty. Guilty of murder. Thank you.

Windlord: The defense may make its closing arguments

Dyluck Blade: Gentlemen, William Smit is and was a very confused individual. He had felt threatened emotionally due to Auren's comments, and had felt threatened physically due to his actions. After all of these altercations, Will, the man in the jester suit, humbly apologizes. Yet, it was rejected, bringing forth a stream of confused emotions that Will was unable to handle. So, when you go back there, realize that the man was very confused and that he did not know what was going on. He simply "lost control." Thank you.

Pyros: If the jury would follow me. You may deliberate in here. I will be outside.

Windlord: Alright order in the court. Has the jury reached a verdict?

Richtor Darkbane: Aye your Honor.

Windlord: One the charge of murder how do you find?

Richtor Darkbane: We find the defendant... guilty as charged.

Windlord: Very well the court thanks the jury. William Smit you have been found guilty in the Yew court by a jury in good standing.

Craig: Your honor, the jury would like to add something to that.

Windlord: Very well

Craig: We did find him guilty. But would like to ask the court to go lightly on him with. Some sort of restitution be made.

Windlord: I shall take your words into consideration. William the charge of murder is not one to take lightly. However given the jury's request for mercy and the fact that this is the first time you have appeared before this court, I will forego the death penalty. You are sentenced to a jail term of 1 week and 5 days of community service. This case is dismissed.