Peter Tremayne - Whispers of the Dead

Fidelma shot him an irritated glance.

“I know my duty, Brother Corbb. We have not heard all the witnesses yet,” she snapped causing the steward to blink and step back.

She turned back to the court, which had grown expectantly quiet.

“In the circumstances, the court wishes to examine the three last people to see Enda alive. . bring the children Faife, Una and Maine into the court room.”

There was a murmur of surprise. Fidelma felt Brother Corbb take a step forward. She raised her hand to still his protest, but he was not silenced.

“A child under fourteen years of age has neither legal responsibility, nor any right to independent legal action. That means that the children cannot be sworn in as witnesses and given the same weight of authority in their statements as an adult. A fiadu, a witness, has to swear on oath and can only give evidence about what they have seen or heard. What does not take place before a witness’s eyes is invalid. We have heard some supposition in this case about what may or may not have happened. I have to tell you that this is not evidence in the strict sense. However, the law acknowledges that one can accept into judgment indications of guilt other than the direct evidence of an eyewitness, evidence such as the incriminating behavior of the one suspected of the offense.”

Fidelma restrained her anger at his presumption.

“I am well aware of the law in this matter,” she said tightly. “Had you also been qualified to bring a judgment. .” she paused to let her sharp words sink in, “. . then you might know that there is a precedent which gives me the authority to question the three children I have named.”

Brother Corbb flushed and took an involuntary step backwards.

“I was. .”

“I do not know what leeway the Brehon Spélan gives you as his clerk. In my court there is only one judge. Remember that, Brother Corbb.” She then turned to the court. “There is a precedent where a young child’s testimony can be made without oath and can be accepted for consideration. The example given is of a stolen animal believed to have been eaten on the previous night, The child was asked, ‘What did you have to eat last night?’ and his reply was taken into consideration in proving the case against the suspect. I will give the reference to Brother Corbb here to enter it when he makes a record of this procedure. Are the children here?”

“They are,” admitted Colla the wainwright, after some moments of delay.

“Then bring Maine to sit beside me and let me speak with him.”

A young boy, dragging reluctant feet, moved to the platform, and Brother Corbb produced a chair.

Fidelma smiled at the child encouragingly.

“Now, Maine, I understand that you had a shock when you found the body of poor Enda.”

The boy nodded slowly.

“Did you like him?”

Maine looked surprised at the question and then gave it some consideration before responding.

“He was all right,” he said dismissively. “He was my comaltae, my foster brother.”

“Did you like having a foster brother?”

“I have two sisters. It was good to have a comaltae .”

“That’s natural,” agreed Fidelma. “Was Enda liked by everyone in your family. . your sisters, for example?”

“My sisters don’t like boys anyway. That’s why I liked having a comaltae . My father’s apprentices were too old to have time for me. All they cared about was their work and soppy girls in the village when they went to dances. . dances! ” The boy shuddered as he gave expression to the word.

“So only you were friends with Enda.”

“I suppose so. He was two years younger than me.”

“But you liked him?”

“I suppose so.”

“How did your parents treat him? No, don’t look at them, Maine. Look at me,” she added quickly when Colla and his wife started to rise from their seats. She glanced quickly at them and said: “You will both be silent while I am examining witnesses.” She turned back and repeated: “How did your parents treat him?”

Maine shrugged.

“My father didn’t have much to do with us, except when he was teaching us about carpentry and the like. Mother was always moaning about something. I don’t think Enda liked her but that’s just her way.”

“She finds fault with all of you?”

Maine shrugged.

“More with Enda than me or my sisters.”

“Now, when you found the body, I understand that you were all playing together that morning?”

The boy kicked at the floor.

“Because Faife said we should. She’s my eldest sister and. . well, you know what elder sisters are like.”

Fidelma smiled softly.

“Tell me.”

“Bossy. You know.”

“So you all went off to play because Faife told you to? What did you play?”

“Hide and go seek. In the woods. It was boring, ’cos the girls are so easy to find. Enda finally became fed up and said he was going back to the house.”

“But you stayed on?”

“For a while. It was Faife’s turn to hide and it took a long time to find her. This time she hid herself well. Had it not been for the business of Enda, I think our mother would have been very angry with her.”

“Angry? Why?”

“I found her hiding under some bushes where it was wet and muddy. Her dress was in a terrible mess. Mother would have given her a good hiding had it not been. . well, you know.”

“So what did you do then?”

“Faife wanted another game but I was bored, like Enda. I decided to go to look for him.”

“And that is when you found him in the pond?”

The boy nodded quickly.

“When I saw him in the middle of the pond, I ran off to find my father.”

“Two more questions. How far was the pond from where you were playing your game?”

The boy frowned.

“Not very far.”

“Did you know about the theft of the eggs?”

Maine nodded quickly.

“What did Enda say when he was accused of taking the eggs?”

“He said he had not taken the eggs. That it was a story that had been made up by the girls ’cos they didn’t like him. Mother wanted father to wallop him good, but father said he couldn’t but would speak to Enda’s father when he could.”

Fidelma dismissed him and called for Una to come forward.

She was eight years old and nervous.

“Did you like Enda?” Fidelma asked.

“Not much. Boys are rough creatures. I don’t see why we had to have him living with us and he was. .”

Fidelma examined her sharply.

“He was-what?”

“A thief. Mummy said so. Thieves are punished. That’s why he probably drowned in the pool. God probably drowned him. Mummy said so.”

“But Enda denied he was the thief.”

“He would, wouldn’t he? He’s a liar because mummy said so.”

“And you always believe you mother?”

“She’s my mother,” the girl replied with simplicity. Fidelma let her return to her seat.

Faife was eleven years old, solemn, and trying to behave as a grown-up. When Fidelma posed her initially question the girl frowned in thought.

“I did not dislike him.”

“Not even when you discovered that he was a thief?”

The girl sniffed.

“I knew he had done wrong. I told my mother that he had stolen the eggs.”

“Did he admit that he had stolen the eggs?”

“I found him with the eggs. He could not deny it.”

“Why would he steal eggs from the kitchen?”

Faife frowned.

“I don’t understand.”

“He was living with your family and being fed by your family. What need had he of eggs?”

She shrugged as if it was either not important or she did not care.

“I can’t answer for him.”