Whispers of the Dead (43 page)

Fidelma nodded.

“As is customary in such fostering agreements. Continue.”

Colla made a gesture with his shoulder that was not quite a shrug.

“I suppose it was less than an hour later when I heard a shout. My son, Maine, who is nine years of age, came running to me and said there had been an accident in the pool. That Enda had fallen in and drowned.”

“Fallen in?” queried Fidelma sharply. “So the child was not swimming?”

Colla shook his head.

“None of them were.”

“Just describe this pool.”

“It is about one hundred meters from the house. It is hidden by trees but it is a small pool and not at all deep. It is fed by a small spring and it is where my cattle are watered.”

“Can you hazard its dimensions?”

“A circular pool about four meters in diameter. I can wade across it without the waters coming to my chest.”

“What happened next?”

“I went running to the pool, my apprentices were with me, and I saw the child floating face down in the middle of the pool. I waded in and brought him to the bank but he was already dead.”

“Did Maine explain what happened?”

Colla grimaced.

“My son said that he was wandering by the pool when he saw Enda floating there and came to fetch me.”

“Were the other children, your daughters, there?”

He shook his head.

“So Enda was alone when he fell in the water?”

“I asked my children what they knew. They had gone to the woods just beyond the pool. They were going to
folacháin
—hide and go seek. It seems, according to Faife, that after a while Enda tired of the game and went off on his own. Later, Maine also tired and was returning to the house when he saw Enda. That is all they knew.”

“And then?”

“Then I could do no more than take the body of the young boy in my wagon to his father. What more could I do? I am not responsible for his death. I did not neglect him. It was an accident.”

Fidelma sighed softly.

“Tell me one more thing, Colla. Are there sharp rocks around this pool?”

The wainwright immediately shook his head.

“I told you, my cattle water there. The banks are muddy and slope gently into the pool.”

“And you found Enda in the pool, fully clothed?”

“I did.”

“How do you imagine he came there?”

“How…? I suppose…” Colla paused and frowned.

“Did you not consider how he could have fallen into the pool?” pressed Fidelma, “For I see that you are now thinking that it is curious that a child could fall into a pool when it is surrounded by gentle sloping banks on which cattle might safely drink.”

“Maybe he waded in to fetch something, slipped and fell…”

“Causing the wound on the back of his head?” sneered Tassach from across the courtroom.

“Of course, the boy fell. He was always getting into mischief. The boy was a thief and a liar!”

The woman who had been silent at Colla’s side suddenly rose to her feet as she gave her outburst.

Fidelma met her eye with a stern expression and waited until Brother Corbb had restored some order from the outraged members of Fécho’s family.

“And you are?” she asked coldly.

“I am Dublemna, wife to Colla.”

“What have you to tell us of Enda that is pertinent to this case?”

“Of the death, I know nothing. But let it not be thought of that this Enda was a blameless sweet child.”

Fidelma raised an eyebrow in surprise at her anger.

“You have to explain yourself.”

“We agreed to the fosterage but we found that the child was wayward and undisciplined. My own child Faife revealed to me that the boy was stealing eggs from my own kitchen. Later I discovered that he had been stealing honey from our neighbor’s hives. I told my husband and said that the boy should be returned to Fécho or disciplined severely.”

Fécho was on his feet.

“My boy was not a thief. This is a lie.”

“It was no lie!” returned Dublemna with equal vehemence.

“The reason why I tell it is to show that if ever there was neglect of the child, it was not our neglect. We should have been warned of the child’s behavior by its parents.”

The hubbub of anger and insults now rose between the two families and Brother Corbb had his work cut out to bring them to order again.

“Any further outbursts such as that will require everyone to pay fines to this court,” Fidelma said quietly before turning to Fécho.

“Had the boy ever been in trouble before he went into fosterage? On your word, now. Lies have a habit of catching up with you.”

Fécho shook his head.

“No one will tell you otherwise, Brehon,” he asserted with passion. “He was a good child. Ask anyone in Críonchoill except that woman,” he jerked his head to Colla’s wife.

Fidelma turned to the woman, Dublemna.

“Your child Faife told you that Enda had been stealing eggs? When was this?”

“The day before the boy fell into the pool,” she asserted.

“Were the eggs found?”

“Faife had them. I found her with them. I asked what she was doing with them and she told that it was Enda who had stole them and she had taken them from him. We were going to discipline the boy. A good thrashing would have worked wonders.”

“I am bound to point out,” Fidelma spoke sharply, “that the law of fosterage allows no corporal punishment. Fosterage should be without blemish, so the law says. And as for evidence, all I have heard is accusations and little proof.”

Dublemna’s face was red with anger.

“No proof? Then what of this for proof…? Later that very same day our neighbor called by to say that during the last few weeks—from the time that Enda came to us as foster child—he had been missing honeycombs from his beehives. He made no accusations but wondered if we had been missing anything. After the boy died, when we were clearing out his things, we found a remnant of a honeycomb in the little box where he kept his personal possessions. Is that proof enough for you?”

Brother Corbb commented dryly.

“Crimes committed by the foster child are the responsibility of the foster father. Technically, if the boy was guilty of these thefts then Colla was facing a fine for the crime…”

Before Fidelma could rebuke Brother Corbb for ignoring court etiquette, Tassach, the physician, was on his feet, his face showing his excitement.

“I have it! The poor boy was drowned so that Colla would not be held responsible for the theft of the honey from the neighbor’s hives! It was an attempt to hide his responsibility.”

Fidelma raised a hand to stifle the angry murmuring that arose again.

Brother Corbb had to thump the floor with his staff.

“This second warning will be my last to you. The next time everyone here will pay a
screpall
apiece as a fine for contempt of this court. Let me remind you all of something,” Fidelma said grimly. “This
is
a court. At the moment, I am giving you maximum latitude in the presentation of evidence. I shall even give latitude when people speak out of turn,” her steely eyes glanced at Brother Corbb, who had the grace to blush. It was unseemly for a steward to comment on law in the presence of a Brehon sitting in judgment. “However, what is law outside this room is also law inside this room. Claims such as the one that you have just made, Tassach, cannot be tolerated unless you are prepared to offer proof. You are not allowed to make accusations without proof.”

The physician was silent but his expression was one of anger.

At her side, Brother Corbb coughed discreetly and leant forward and whispered in her ear.

“Pardon, lady, I am uncertain how you intend to proceed, but so far I have heard no proof that the boy met his end by either neglect or foul play. Should not this matter be addressed?”

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…”