Crim191-1

*See:* Case history

# Brief for the King, submitted by Dynauld

```

Sire,

Strange events occurred in our fair land on Tempest 23, 190. Bilanx knows full well that the Dark Gods have their followers in Sable, and that is of course, respected as part of the Balance that must be maintained, however one
person's right to worship as they see fit, stops at another soul's skin, as it were, under the Law.

In this case, a young Psion named Mack strove to discover the dark paths of Set, and as such, sought out His Cleric, Nyght. Nyght counseled him on the religious rites and practices of that cult, and then by her own testimony, began to speak of killing.

I quote from the scribed words she gave to Private Bandle:

```
   Nyght: When I was done, he asked, 'Can I kill you?' meaning me.
   Bandle: He did?
   Nyght: I laughed and told him he could try.
                . . .
   Nyght: He then wanted me to suggest someone he could kill instead.
   Bandle: And you responded with?
   Nyght: I suggested he attack Myrth, because Myrth had earlier offended me.
   Bandle: I see, and did he [Mack] do so?
   Nyght: Mack demanded that I bring Myrth to him... I refused to do this.
          Myrth then left the Realm ... to study, I suppose.

```

And the words Mack gave to Onslaught:

```
   Onslaught: Nyght told you to kill Caffin, what did she say exactly?
   Mack: To be accepted by Set, to kill someone. At first she said to kill
         Myrth, then she said just kill anyone.

```

As I'm sure the Court has guessed -- Mack proceeded to kill Caffin, a
harmless youngster and recent immigrant to Sable, shortly after this
conversation with Nyght. He has confessed this, is charged with the crime, and
I doubt not that the case will be before this bench shortly.

Nyght's defense in this crime is that she at no time told or encouraged
Mack to kill Caffin. However, even disregarding Mack's testimony above, this
is a fallacy. Nyght's own words clearly show that she intended Mack to kill
Myrth, and to claim that she did not encourage Caffin's death is similar to
complaining that one gave someone a Wand of Lightning to kill Person A, and
they mistakenly slew Person B instead. The crime of setting the murder in
motion still exists, Nyght still sought to have Mack slay someone, therefore
the Conspiracy charge is valid.

Nyght's hands are certainly as bloody as Mack's in this affair, and I
firmly hope that the Court punishes her within the full extent of the law.

# Brief for the defendant, submitted by Nyght

```

I plead not guilty in the charge of Conspiracy to Commit the Muder of
Caffin. Please allow me to the events and the motivations for my actions.

All throughout my counselling of Mack in the religion, he continually
asked about being able to kill, when he would be allowed to kill people,
and whom he could kill. When I was done talking, I asked him if he had
any questions. That is when he asked if he could kill me and led to
the conversation that I presented in my earlier testimony. You will note
that in both my and Mack's testimony that I at no time told him to kill
Caffin. In fact, when Mack brought up the name Caffin, I was about to
tell him no, but Mack ran off before I could stop him. His testimony
that I told him to kill anyone is a lie. Neither I nor
my church promotes random killing.
Secondly, I had very specific reasons for asking that Myrth be killed.
Earlier that day, Myrth had offended me several by making me the butt of
several embarassing jokes and humiliating me in public. Such public
humiliations are a mar on a lady's honor and reputation. Surely I can
call for a person to defend me in such a situation. Also, since (at the
time) Myrth had a slight reputation as a mage and I felt that Mack
would be defeated. This would have caused two things ... the attack
on Myrth would teach him a lesson about manners, and Mack's expected
defeat would perhap make him less eager to go around attacking citizens.
For as a cleric, is it not my job to give such lessons to prevent the
citizens from engaging in foolishness?

Alas, it was not to turn out like this. Myrth went into the back reaches
of the library where only mages are allowed and returned to his studies.
Then the foolish Mack went out and, against my wishes, slew Caffin. I
admit that I perhaps could have done more to prevent him from going
kill-crazy, but nothing can be done now.

And as for Dynauld's bizarre claim that ordering the death of one person
equates to ordering the death of any person, I have this to say: If this
court orders my death, but the executioner kills Fugazi instead, I doubt
the court would be satisfied. In fact, I would expect that the
executioner would be in a great deal of trouble. I ordered Mack to
attack Myrth to defend my honor ... his subsequent murder of Caffin is
inexcusable and his feeble attempt to blame me is an outrage.

Nyght, Priest of Set, loyal subject of the King

# Decision of the King's Bench

```

**Facts**

Mack, a psion, killed Caffin on Tempest 23, 190. This is undisputed. Mack is a devotee of the religion of Set, and Nyght is Set's ranking priestess in the kingdom of Sable. Mack and Nyght have had discussions related to the killing of other citizens, in which certain murders have been discussed.

There are two major issues of law and one major issue of fact in this case.

1. Issue of Fact: Did Nyght order Mack to kill Caffin
2. Issue of Law: If a first party orders a second party to kill a third party, is the first party guilty of a crime.
3. Issue of Law: If a first party orders a second party to kill a third in the name of religion, but the second party slays a fourth party instead (in a fit of religious zealotry), is the first party guilty of a crime.

**Issue of Fact: Did Nyght order Mack to kill Caffin**

Interview #1 - Private Bandle interrogating Nyght

```
Nyght: When I was done, he asked, 'Can I kill you?' meaning me.
Bandle: He did?
Nyght: I laughed and told him he could try.
[skip ahead]
Nyght: He then wanted me to suggest someone he could kill instead.
Bandle: And you responded with?
Nyght: I suggested he attack Myrth, because Myrth had earlier offended me.
Bandle: I see, and did he [Mack] do so?
Nyght: Mack demanded that I bring Myrth to him... I refused to do this. Myrth then left the Realm ... to study, I suppose.

```

Interview #2 - Private Onslaught interrogating Nyght

```
   Onslaught: Nyght told you to kill Caffin, what did she say exactly?
   Mack: To be accepted by Set, to kill someone. At first she said to kill Myrth, then she said just kill anyone.

```

The facts show that Nyght and Mack did discuss the subject of murder. Nyght denies ordering Mack to kill Caffin. Even Mack's statements do not clearly demonstrate an explicit order by Nyght to kill Mack. Given these facts, and in absence of any other information, the evidence does \*NOT\* support a finding that Nyght ordered Mack to kill Caffin.

**Issue of Law: If a first party orders a second party to kill a third party, is the first party guilty of a crime.**

Even if the facts did show that Nyght ordered Mack to kill Caffin, Nyght has committed no affirmative act. It has not been shown that Nyght supplied Mack with weapons, enchantments, blessings, healing, divinations, or any other actual assistance in the killing of Caffin. At best, all that could be shown would be that Nyght preached to Mack that Mack should kill Caffin to show his loyalty to Set. It is the holding of this court that if a cleric, duly acknowledged by one of the 13 deities of the Aether, gives an order to kill in the course of preaching or religious consultation, and the order is carried out, the cleric is not guilty of a crime. This holding does not
exonerate the actual murderer. It only goes to the recognized cleric who gives the order in the course of religious services. Further, if the cleric gives even the slightest bit of actual assistance, the cleric cannot utilize
the defense provided by this holding. Consequently, this defense cannot be used by non clerics or by their followers.

**Issue of Law: If a first party orders a second party to kill a third in the name of religion, but the second party slays a fourth party instead (in a fit of religious zealotry), is the first party guilty of a crime.**

Religious zealotry is a reality of this multiverse. It would be dangerous and unreasonable for the law to assert that such religious devotion was antithetical to mortal society. Clearly, to do so would risk the wrath of
one or more of the deities of the Aether. As the courts of law are a temporal embodiment of the deity Bilanx, it is obvious that they could not consciously act in a manner directly opposed to the will of the Aether as a whole.

Thus, the court concludes that if a duly recognized cleric generates a "murderous fervor" by his or her preachings to his or her followers, the fruit of this fervor is the responsibility of the follower and not of the
cleric. Truly, if a cleric is able to generate such a fervor it is assuredly a result of the channeling of divine forces through his or her speech and preachings, and not a mere act of mortal will. Again, this defense is very
limited in scope, and if a cleric assists mortals in any of their murderous actions in any active, cognizable way, the defense of Crim191-1 would not apply. Of course, this defense cannot be used by non clerics or by their
followers.

**Summary of Holdings**

In concordance with the opinions rendered above, Nyght is found not guilty of all charges.

-Judge of Sable