A New Novel, Part 269 Where is Anatov Aznabaev?

30 June 2011, A New Novel, Part 269 Where is Anatov Aznabaev?

For those who haven’t been following this blog, let me introduce it a little. I am currently blogging my 21st novel that has the working title Daemon. The novel is about Aksinya, a sorceress, who, to save her family from the Bolsheviks, called and contracted the demon, Asmodeus. Her family was murdered anyway, and she fled with the demon from Russia to Austria.

Aksinya is on trial in Wien, Austria.  The presiding judge decided to try Aksinya's fraud case first.  He has called for the first witness, Herr Tauber.  Herr Tauber has just testified that Anatov Aznabaev contracted the house in Aksinya's name...

Judge Richter made a sign with his finger, “Captain Gerber, you have my permission to leave the court and alert your force to apprehend this man Anatov Aznabaev.  If at all possible, I wish him as a witness.  In any case, I want him arrested for fraud.”  Captain Gerber stepped to the bench and Judge Richter handed him an official paper with the judge’s seal on it.

Aksinya spoke, “It will do you no good.”

Captain Gerber paused.  Judge Richter paused, “What will do no good, Princess?”

“Anatov Aznabaev is the name my demon, Asmodeus, uses.  Because he is a demon, he will be impossible for you to find.”

Judge Richter smiled, “Let us try, Princess.  That will keep all things in good order for my court.”  Captain Gerber conferred with the judge for a moment.  Judge Richter raised his head, “Herr Tauber, do you have any idea where Anatov Aznabaev may be found?”

“Herr Tauber shook his head, “I thought he lived at the house I sold.  It is empty now.”

Captain Gerber nodded and exited the courtroom.

Judge Richter glanced back at his notes, “Herr Tauber, was the house damaged?”

“No.”

“You have it back in the same condition you delivered it?”

“Yes, but I lost three months interest…”

“I see that is your claim.”  The judge glanced to the left, “Prosecutor Trauen, do you wish to question the witness?”

“No, Your Honor.”

“Herr Lopuhin?”

Father Dobrushin jumped up.  He spoke quickly, “Herr Tauber, the Countess had the use of your house for less than three months, but you had a surety of earnest money that is greater than the interest and you received the house back without loss.  As far as I can tell you came out positive in this venture.  What actual claims remain that you wish to make against the Countess?  It seems to me, that you owe her money.”

“But the contract…”

“Herr Tauber, this is a criminal court.  The question is one of theft.  It appears to me, that the Countess did not legally make a contract with you.  That rather your contract was with this person Anatov Aznabaev.  In any case, you should return the surety and be paid the interest.  How much would you then owe the Countess?”

Herr Tauber’s lips quivered, “I suppose a thousand Marks.”

“There is no indication of theft here at all, that is theft by the Countess from you, rather you have potentially conducted a theft from the Countess.  If I were her, I would sue you in civil court and ask that you be tired for criminal theft.”

Prosecutor Trauen stood, “I object to the questioning of the witness.”

Judge Richter seemed surprised, “I’m not certain Herr Lopuhin is not correct.  This is a criminal trial against the Princess, but the actions of Herr Tauber are close to criminal and civil fraud.  It does not seem to me that there is any indication of theft, in this case, by the Princess.  Herr Tauber, you are dismissed.”

The house owner stood on shaking legs.  He bowed to the Princess and exited the courtroom.

At this point, the trail seems to move slightly in Aksinya's favor.  First, the judge sends Captain Gerber to arrest Anatov Aznabaev--you remember the good Captain.  He was sent to arrest Aksinya in the first place.  Of course, they will not find Aznabaev--he is a demon.  Aksinya tells them, but they don't believe her.  It is evident that the judge has determined that Aksinya is not wholly guilty of fraud.

Second, we find that Aksinya's house was returned in the same condition it was received.  A loan had been taken out on it.  The judge makes this point.  We also find out that the claim of Herr Tauber is the loss of interest.  The prosecutor has no questions--the point about the use of the house has been made.

Third, who made the contract and who is responsible?  Father Dobrushin has many questions about this.  The main one is the surety versus the interest.  In a contract, a surety is paid and if the owner defaults, the surety goes to the holder of the loan.  Technically, the one who takes out the loan must pay all if they default.  If Aksinya didn't make the contract, then she does not owe the surety or the interest.  The claim of interest against her would be frivolous.  Father Dobrushin is pointing this out.  The judge pulls the points together that Aznabaev is the one who is guilty and owes the surety and the interest and not Aksinya.

This is also a metaphor for the demon's contract with Aksinya.  Aksinya gave a surety and the demon gave a surety.  The question of default is similar to the question of default on the house.  Aksinya's contract was not for her soul.  Her soul now belongs to someone else, and she is no longer free to release it.

Tomorrow, more questioning.

A New Novel, Part 268 I Had No Idea He Planned to Cheat Me

29 June 2011, A New Novel, Part 268 I Had No Idea He Planned to Cheat Me

For those who haven’t been following this blog, let me introduce it a little. I am currently blogging my 21st novel that has the working title Daemon. The novel is about Aksinya, a sorceress, who, to save her family from the Bolsheviks, called and contracted the demon, Asmodeus. Her family was murdered anyway, and she fled with the demon from Russia to Austria.

Aksinya is on trial in Wien, Austria.  The presiding judge decided to try Aksinya's fraud case first.  He has called for the first witness....

Herr Tauber was an elderly and balding man.  He wore a tight black suit with a split white cravat.  He was thin and nervous.  He sat tall with his buttocks perched primly at the front of the witness chair.

Judge Richter began, “Herr Tauber, please state your full name and the reason you are a witness before the court.”

“I am Franz Heinrik Tauber.  My house was contracted in a loan in the name of the Countess Golitsyna.  The loan was never paid and it defaulted.”

“Was any earnest paid as surety on the house?”

“Yes, it was paid in Russian roubles which I quickly cashed because of the troubles in Russia.”

“Have you ever met the defendant who is seated in this courtroom?”

“Who is the defendant?”

Judge Richter pointed at Aksinya, “The defendant is that young woman seated there.”

“That young woman?  I expected a Russian Princess or at least a Countess.  That’s what the newspapers have portrayed.  She looks like a drudge.  Is this a trick?”

Judge Richter frowned, “This is no trick Herr Tauber.  The woman seated there is the Princess Aksinya.”

“I’m sorry, ma’am.  I meant no offense.”

Aksinya’s eyes burned, “No offense taken.”

Judge Richter hurried on, “So you never actually met the Countess or Princess before.”

“Never.  This is the first time I’ve ever seen her.”

“Then who negotiated the house and the loan?”

“A man who portrayed himself as her representative and courtier.”

“What was his name?”

“He called himself Anatov Aznabaev.”

Judge Richter pulled out a paper and scrutinized it, “The signature is in Russian and does indeed look like it reads Anatov Aznabaev.”

Herr Tauber added, “All the loan documents were signed by Anatov Aznabaev in the name of the Countess Golitsyna.”

“You met this man and saw him sign the documents?”

“He was a pleasant person.  He brought wine and food fit for a noble court with him.  I had no idea he planned to cheat me.”

In a scene such as this, the important step is to set the scene as it changes.  A key witness is an important addition to a scene.  You don't have to give such a character a complete description, but you should give him some defining description.  Here, I give you a physical description sufficient for this type of character.  From the way he sits and answers the judge, you can also tell a lot about his personality.

Herr Tauber is succinct and to the point.  We find a lot of information about the actions of Asmodeus from Herr Tauber's witness.  The key idea from this scene is the identification of the defendant (Aksinya).  Herr Tauber has never seen Aksinya, and he thinks she is a drudge.  Herr Tauber thinks Aksinya's appearance is a trick because she looks like a cleaning woman.  Remember, she is wearing a soiled dress and has not washed in weeks.

Although Aksinya states that she was not offended by Herr Tauber's remarks--you can see she is.  The most important point is that Herr Tauber has never seen Aksinya.  The judge is trying to get to the bottom of Aksinya's case.  He finds the first witness has never seen Aksinya before and then, he goes on to determine that at least the house was bought by Asmodeus in the name of Aksinya.  Under Austrian law, this does not mean that Aksinya is not guilty, but it can mean that she might not be responsible.  This judge seems to be willing to go the extra mile to determine the full evidence before he rules on the case.

A New Novel, Part 267 Beyond This Trial, I Have No Purpose at All

28 June 2011, A New Novel, Part 267 Beyond This Trial, I Have No Purpose at All

For those who haven’t been following this blog, let me introduce it a little. I am currently blogging my 21st novel that has the working title Daemon. The novel is about Aksinya, a sorceress, who, to save her family from the Bolsheviks, called and contracted the demon, Asmodeus. Her family was murdered anyway, and she fled with the demon from Russia to Austria.

Aksinya is on trial in Wien, Austria.  Aksinya was deposed and the court took a break.  Aksinya and Father Dobrushin discuss the case.  The presiding judge is preparing to call for the first witness....

“In the seminary, like most universities, we study theology.  Post graduate work is in law, theology, or medicine.  I studied law.  One of the reasons the Orthodox Church sent me here was to help in the legal matters for refugees.”

“I see.”

“There is a further problem that will come up in the court.”

“That is?”

“Your immigration status.”

“Am I not legally here in Austria?”

“You are and you are not.  The red Russians sent a letter to the court requesting they extradite you for the murder of your family.  The extradition is not part of this trial, but will become an issue at sentencing or your release.  The white Russians wish you back to help rally the war effort.  The same issue concerns your sentencing or release.”

Aksinya pouted, “I do not wish to return to Russia.” 

“I understand that.  Where do you wish to go?”

“I don’t know.  Beyond this trial, I have no purpose at all—other than to be rid of the demon.”

“Yes, we shall see about that.”

The spectators began to return to the courtroom.  They hurried to their seats.  Right at the specified time, the judges’ doors opened, and the Lay Judges then the Professional Judges entered the courtroom and took their seats.

Judge Richter shuffled his papers for a moment and made a decision, “We shall hear particulars about the theft of the house and goods first.  Call the owner of the house, Herr Tauber as the first witness.”

 Herr Tauber was an elderly and balding man.  He wore a tight black suit with a split white cravat.  He was thin and nervous.  He sat tall with his buttocks perched primly at the front of the witness chair.

Yesterday, we learned more about Father Dobrushin.  He is a lawyer whose job is to aid Russian refugees from the civil war there.  Father Dobrushin brings up an important matter.  Since he is an expert in immigration law, he is obvious privy to the information and knows what it means.  This is a deliberate foreshadowing.  I am introducing the idea to you.  You realize the worst event that could happen to Aksinya is to be returned to Russia.  In the hands of the red Russians, she will be tortured and murdered.  In the hands of the white Russians, she will face eventual defeat and then torture and death at the hands of the red Russians.  The demon couldn't ask for a worse end.

I remind you about the demon and the contract in the comments Aksinya shares with Father Dobrushin.  When the judges return to the courtroom, the judge has decided to hear the case of fraud first.  I define the first witness to you.  Tomorrow, the first witness testifies.

A New Novel, Part 266 Am I Really Artless?

27 June 2011, A New Novel, Part 266 Am I Really Artless? 

For those who haven’t been following this blog, let me introduce it a little. I am currently blogging my 21st novel that has the working title Daemon. The novel is about Aksinya, a sorceress, who, to save her family from the Bolsheviks, called and contracted the demon, Asmodeus. Her family was murdered anyway, and she fled with the demon from Russia to Austria.

Aksinya is on trial in Wien, Austria.  The deposition of the accused is taking place.  The presiding judge has finished asking his questions and passes the questioning to the prosecutor....

Judge Richter stared at her for a moment, “Very well.  Those are the questions from the bench.  Prosecutor Trauen, do you have any questions you wish to ask the Princess?”

The prosecutor stood, “No, Your Honor.”

“Herr Lopuhin, you may question the defendant.”

Father Dobrushin stood, “Thank you, Your Honor.”  He walked to the bench, “Princess, concerning the question of the houses and goods, did you meet any of these merchants.”

Aksinya shook her head.

“Remember, Princess, you must speak your answers aloud.”

“No, Father, I never met any of them.”

“Did you sign any documents for the house, loans, or goods?”

“No, Father.”

“Did you ever carry any money?”

“Of course not.  I’ve never carried money ever in my life.”

“Concerning the Lady Natalya, did you trust her?”

“Yes,” Aksinya’s tone was indignant.  “I trusted her with everything.  She took care of my jewelry and clothing.  She was my confidant and friend.”

“Thank you, Princess.”  Father Dobrushin turned to the bench, “Your Honor, at the moment those are all my questions for the Princess.”

Judge Richter pulled out his pocket watch, “We shall take a short break.  Following that we will reconvene and begin to question the witnesses.  At your permission, Princess Aksinya.”

Aksinya nodded and the judges stood and trailed out through their doors behind the large desk.  In response to Father Dobrushin’s motions, she returned to the table where he sat.  He stood and waited for her to sit.  She sighed and turned toward Father Dobrushin, “Am I really artless?”

“Can you tell nothing but the absolute truth?”

“That is a rhetorical question.  I’ve lied many times before.  I might be able to lie…”

“…but you are uncertain if you could lie right now.”

“Should I lie?”

Father Dobrushin frowned, “No.”

You don’t have to be snappish.  She moved her mouth to the side, “I didn’t realize you were a lawyer.”

“In the seminary, like most universities, we study theology.  Post graduate work is in law, theology, or medicine.  I studied law.  One of the reasons the Orthodox Church sent me here was to help in the legal matters for refugees.”

“I see.”

The presiding judge finishes questioning Aksinya.  He hands the questioning to the prosecuting attorney.  He has no questions because Aksinya has basically declared her own guilt.  So, the questioning turns to Herr Lopuhin (Father Dobrushin).  Again, this is a way to keep you from forgetting the change in this character.  Remember, it is a change that Aksinya doesn't fully understand. 

Father Dobrushin's questioning is to show that Aksinya herself never made any contract or had any direct contact with any of the men who accused her of fraud--everything was done in her name, but she had no control over it.  It is yet to be seen if this strategy will work or even if it will do any good.  For now, it is the best Father Dobrushin can provide.  The point about money is cultural.  Nobles rarely carried money--they had servants who were entrusted with this responsibility.  Father Dobrushin brings out the point--he knew Aksinya was a noble's noble.  She would certainly never carry money.  Her courier or Natalya would have been entrusted with it.  He also brings this trust for Natalya into the court records.

The court takes a slight recess, and Aksinya and Father Dobrushin speak together.  The first question is meant to convey Aksinya's change to you.  She knows she once lied, but she has determined not to lie again.  Father Dobrushin's query is due to Aksinya's seemingly self harmful responses in the court.  He doesn't wish her to lie, but he wishes she wouldn't tell everything.

Then we get some information about Father Dobrushin.  You might have guessed he was a lawyer.  He is a trained lawyer--much as Martin Luther was trained as a lawyer.  We also get the reason he was sent to Wien--he is to take care of the Russian immigrants using his skills.  This is new and in depth information for us and for Aksinya.  Tomorrow, Aksinya's status and the first witness.

A New Novel, Part 265 I Beat Her Until Blood Soaked Her Dress

26 June 2011, A New Novel, Part 265 I Beat Her Until Blood Soaked Her Dress

For those who haven’t been following this blog, let me introduce it a little. I am currently blogging my 21st novel that has the working title Daemon. The novel is about Aksinya, a sorceress, who, to save her family from the Bolsheviks, called and contracted the demon, Asmodeus. Her family was murdered anyway, and she fled with the demon from Russia to Austria.

Aksinya is on trial in Wien, Austria.  The judge balks at Aksinya's claims about the demon.  Still, the ecclesiastical trial prosecuted her on just this point, and she was found guilty.  Aksinya is not in charge here, but she is making points, and they are points Father Dobrushin will take advantage of....

Father Dobrushin stood again, “Your Honor, it was established by an ecclesiastical court that Princess Aksinya was guilty of sorcery and of calling a demon.  Any statement she should make concerning this issue has been established by a court acknowledged though not accepted by the state of Austria.”

“Yes,” Judge Richter breathed, “Yes, I understand.”  He glanced at the other judges to his right and left and pronounced, “I instruct the other judges to take this into consideration.  Although unprecedented, this may be considered a fact in finding for this court.”

Father Dobrushin bowed, “Thank you, Your Honor.”

The judge let out a deeper sigh, “I also postulate that we will not be able to interview this creature who contracted the house and the goods.”  He shook his head in anticipation of Aksinya’s answer.

Aksinya looked confused.

Judge Richter didn’t pause any longer, “Princess Aksinya, I would like to move to the second charge.  Concerning the Lady Natalya, would you tell us what happened the night she was injured?”

Aksinya looked down, “It is very embarrassing for me.  The Lady Natalya was my only and best friend.”  She looked away in the distance, “Isn’t it enough to know that I took a fire iron and beat her with it.  I beat her until she did not move.  She didn’t fight back.  She covered her head, and I beat her until blood soaked her dress.”  Aksinya glanced around, “I’m sorry.  That’s all there is.”

The judge opened his hands, “Surely there was a reason?  Why did you beat the Lady Natalya?”

Aksinya glanced up suddenly, “I will not say.”

Judge Richter stared at her for a moment, “Very well.  Those are the questions from the bench.  Prosecutor Trauen, do you have any questions you wish to ask the Princess?”

The prosecutor stood, “No, Your Honor.”

Aksinya is being questioned by the presiding judge in her trial.  He is establishing the basis for the charges and Aksinya's witness.  The first point made was the charge of fraud.  Father Dobrushin gets a very good point in Aksinya's favor--the existence of the demon is acknowledged by the court.  They may not believe, but it is a finding of the court.

The judge makes the statement, it is somewhat in humor, that the will not be able to interview the demon.  We will see that his opinion changes later.  The judge's position is what makes Aksinya confused.  She knows the demon exists and she can't recognize that others might not also know he exists.

The judge moves to the second charge--that of assault against the Lady Natalya.  Listen to Aksinya's testimony.  Aksinya tells the truth without any frills:  “Isn’t it enough to know that I took a fire iron and beat her with it.  I beat her until she did not move.  She didn’t fight back.  She covered her head, and I beat her until blood soaked her dress.”

The judge is no fool.  The obvious question is why Aksinya beat the Lady Natalya.  The judge may already know the answer from the press, but he doesn't let that out.  The prosecutor doesn't have any questions.  What else could he ask--Aksinya has basically incriminated herself already.  She has stated she is guilty.  Tomorrow, Father Dobrushin asks his questions.

A New Novel, Part 264 You Do Have a Point There

25 June 2011, A New Novel, Part 264 You Do Have a Point There

For those who haven’t been following this blog, let me introduce it a little. I am currently blogging my 21st novel that has the working title Daemon. The novel is about Aksinya, a sorceress, who, to save her family from the Bolsheviks, called and contracted the demon, Asmodeus. Her family was murdered anyway, and she fled with the demon from Russia to Austria.

Aksinya is on trial in Wien, Austria.  The charges against Aksinya were read, and she has proclaimed that she will remain silent on the point of guilt.  The next step is to question Aksinya on the facts of the case...

“Very well.” Aksinya faced the judge, “Of guilt I am certain that I am guilty of many sins, but of this trial, Father Dobrushin tells me I should at least remain silent.  He is my priest, and I follow his commands in this.”

Judge Richter covered his face again.  After a moment, he glanced at Father Dobrushin and shook his head, “Was she like this at the ecclesiastical trial.”

“I was not there, Your Honor, but I expect so.”

“She is truly artless.  It seems she cannot lie.”

Aksinya stared at the judge, “Did I say something wrong?”

A titter ran through the court again.

“No, Princess, you did not say anything wrong.  You are very fortunate that Father Dobrushin, that is Herr Lopuhin, is advising you.”

Aksinya smiled.

Judge Richter studied his papers for a moment, “Now, Princess Aksinya, I wish to ascertain the facts of the case as you understand them.”

Aksinya nodded.

“There are specific details of time and place, but generally, tell me about your house across from Sacré Coeur.  How did you acquire it and how did you take care of the bills.”

“My courtier acquired the house for me.  I was both surprised and pleased to learn of this, because that allowed me to have a place for my family’s household items.”

“Your courtier?  Who is this person?”

“He is the demon I called from the pit.  His name is Asmodeus.”

A quiet groan went through the courtroom.

Judge Richter put his head in his hands, “Princess Aksinya, do you realize by making such claims I could incarcerate you in a mental institution?”

Aksinya clenched her fists, “Your Honor, the Pope’s ecclesiastical trial found me guilty of calling a demon and sorcery.  If you must send me to such a place, I insist you send my ecclesiastical accusers as well.”

The judge’s mouth fell open.  He steepled his hands and lowered his head, “You do have a point there, Princess.”

I give you the last paragraph to place you properly in the conversation.  The judge can't believe that Aksinya can be so inexperienced with the world.  She just doesn't act or seem like a criminal.  This is not lost on the judge or the spectators.  The judge makes an interesting statement: “She is truly artless.  It seems she cannot lie.”  We know this is not true.  The Aksinya we knew was quite proficient at lying.  She does seem to have changed--yet, we realize, this is not just an act or an indication of her change, this is just Aksinya without the trappings of evil.  She is really a simple person and not as sophisticated as she thought.  And yet, we know this is an indication of a great change within her.  This Aksinya wishes to face punishment.  This Aksinya is willing to take responsibility for her actions.  She is a changed person.

Then the short humorous exchange between Aksinya and the judge.  She wonders what she might have done wrong.  He tells her how fortunate she is to have Father Dobrushin--ah, Herr Lopuhin defending her.  Did you note how I used a technique to remind you about this?  Aksinya is happy to have Father Dobrushin advise her.  This is an important idea--we shall see where this goes later.

Next we get to the interrogation of the accused.  This is the way it is done in Austria.  The judge questions the accused.  The judge goes first for the charge of fraud.  Aksinya tells the judge everything she knows about it.  It isn't much.  I know I led you along through the book.  I hope someone had an inkling before the novice nuns told her that Asmodeus was taking the post.  I left this as a foreshadowed incident that culminated when out of view, Aksinya's goods and house were taken to pay the bills.

In Aksinya's statement, she doesn't make much of it, but do you note the poignancy?  She had a house for her family's things--now, they are all gone.

When the judge asks about Aksinya's courier, she answers truthfully (could she do otherwise at this point?).  Remember what I told you about this entire situation?  Everything we accepted about Aksinya will point to insanity.  Thus the reaction of the courtroom and the judge.  Aksinya is really a bright woman, she turns the point directly back on the judge: “Your Honor, the Pope’s ecclesiastical trial found me guilty of calling a demon and sorcery.  If you must send me to such a place, I insist you send my ecclesiastical accusers as well.”

Aksinya is right and her point is well made.  Tomorrow, we shall see more of this.

A New Novel, Part 263 I Am Guilty of Many Wrongs

24 June 2011, A New Novel, Part 263 I Am Guilty of Many Wrongs

For those who haven’t been following this blog, let me introduce it a little. I am currently blogging my 21st novel that has the working title Daemon. The novel is about Aksinya, a sorceress, who, to save her family from the Bolsheviks, called and contracted the demon, Asmodeus. Her family was murdered anyway, and she fled with the demon from Russia to Austria.

Aksinya is on trial in Wien, Austria.  We have arrived at the charges against Aksinya...

Judge Richter continued, “Now Bailiff, read the charges against the Princess.”

The Bailiff stepped to the front beside Aksinya and read, “Princess Aksinya Georgovna Holstein-Gottorp-Romanov also known as Countess Aksinya Andreiovna Golitsyna you are charged with willful assault and battery against the Lady Natalya Alexandrovna Obolenska.  You are further charged with engaging in deceitful loans and business practice that did result in the theft of over a hundred thousand marks sterling.  The exact amounts and specific items are listed as an appendix in the court documents.”

Aksinya sat with a strange expression on her face.  She stared expectantly at the Bailiff.  A slight tremble shook his paper.  Aksinya asked, “Is that all?”

The courtroom laughed again.

She glanced around.

Judge Richter held his hand in front of his face.  After a moment, he choked, “If it isn’t enough, I suppose we could add a few more.”

Aksinya turned toward Father Dobrushin.  He covered his face, “Princess, those are quite enough.”

Judge Richter gave a sigh, “Yes, I was making a joke.  That is all the charges.”  His voice became stern, “Princess Aksinya, do you understand the charges?”

She nodded.

“You must speak, Princess.”

“I do understand them, and I am sorry for them.”

Father Dobrushin whispered to her, “This is not a confession.  Just answer the judge’s questions.”

“Now, listen closely, Princess Aksinya.  Do you plead guilty, not guilty, or do you wish to remain silent.”

She sat up straight, “I surely am gu…”

Father Dobrushin stood, “The Princess wishes to plead not guilty.”  He took a step to her side, “Please, Princess.  If you plead guilty, the court will have no other recourse than to immediately sentence you.  This is not a question of sin—it is a question of civil and criminal law.”

She whispered, “I don’t want to do anything wrong.  Are you certain I should say not guilty?  I am guilty of many wrongs.”

“If you are uncertain, just say you remain silent.”

“Very well.” Aksinya faced the judge, “Of guilt I am certain that I am guilty of many sins, but of this trial, Father Dobrushin tells me I should at least remain silent.  He is my priest, and I follow his commands in this.”

So, we hear the charges.  We could have guessed them.  They seem almost an anticlimax.  Thus Aksinya's reaction.  She expected many more charges.  If you remember, in the ecclesiastical trial, there were many charges.  The judge's purpose is justice and not vengeance.  He laughs at Aksinya's naivete.  We get the point of speaking aloud again.

Aksinya understands the charges, and she is sorry for them.  You know she really is sorry.  Father Dobrushin has to remind her this is not a confession or an ecclesiastical trial.  Next, Aksinya has to answer if she is guilty or not guilty.  Father Dobrushin has to help her.  She remains silent.  The conversational interaction between the Father, Aksinya, and the judge is very complex and fun.  These are three people where Aksinya doesn't understand at all and the judge and defender see everything that is going on.  Aksinya follows Father Dobrushin's advice.  If you wondered at her lack of knowledge of this type of trial, note that she if a noble.  A noble trial is similar to this type of trial, but much more like an ecclesiastical trial.  Tomorrow, the facts of the case.

A New Novel, Part 262 You Must Answer Aloud

23 June 2011, A New Novel, Part 262 You Must Answer Aloud

For those who haven’t been following this blog, let me introduce it a little. I am currently blogging my 21st novel that has the working title Daemon. The novel is about Aksinya, a sorceress, who, to save her family from the Bolsheviks, called and contracted the demon, Asmodeus. Her family was murdered anyway, and she fled with the demon from Russia to Austria.

Aksinya is on trial in Wien, Austria.  The presiding judge is questioning Aksinya.  We are up to the question about her previous criminal record...

“Now, Princess, I must ask you, do you have any previous criminal record.”

Aksinya held her hands together, “Until the Cardinal had me tried on charges of sorcery, even though I was a very great sinner, I had never been accused of any wrong doing.  I was found guilty of sorcery and notorious sinning by the ecclesiastical court.  I don’t remember all the charges or the punishments…”

Father Dobrushin interrupted her, “I’m sorry, Your Honor, the witness caught me by surprise.  The Princess Aksinya has no criminal record and has never been accused of a crime in any court of criminal or civil law.”

Aksinya glanced back at him, “Is this true?”

“The judge does not mean an ecclesiastical court.  You have no criminal record no matter how notorious you believe your sins to be.”  He turned to the judge, “Your Honor, please strike the Princess’ response to your question, under her criteria, Martin Luther, the Pope, and all the Saints in Christendom might be considered criminals.”

Laughter again was heard from the benches and the desk.

“I agree with your comment, counselor.  Judges, strike the Princess’ statement from your notes and recollection.  Princess, you have chosen rather than a trial by your peers to a trial by Schöffengericht.  This does not mean you may not appeal your prosecution or that you may not ask later for a trial by your peers.  The decisions of this trial will, however, be considered during any further judicial proceedings or appeal.  Do you understand this?”

Aksinya nodded.

“Princess, you must answer aloud.”

“Yes, your honor.  I understand.”

Judge Richter continued, “Now Bailiff, read the charges against the Princess.”

Once we finish with these questions, we may begin with the charges against Aksinya.  I know you are waiting to hear them.  The judge asks Aksinya if she has a criminal record.  Listen to her response.  You knew this is how she would answer.  Aksinya believes, quite correctly, she is guilty of much evil, but evil doesn't exactly equal secular guilt.  The ecclesiastical trial did not hinge on secular crimes, it was all about ecclesiastical crimes.  Father Dobrushin immediately rectifies the situation.  Aksinya can't believe it.

Father Dobrushin makes a joke that is very important in this case.  He compares Aksinya to Saints, the Pope, and Luther.  His point is that she is forgiven just as they are, and her ecclesiastical sins are not part of this secular trial. Already, Dobrushin is putting a turn on the court.  He is in control here and will make certain Aksinya gets a just trial.

The presiding judge agrees, and then he gives us more information about the type of trial Aksinya has chosen.  All this is true in Austrian Law, at the time.  The next is the admonition that Aksinya must answer aloud.  This will come into play as a continual small joke during the trial.  Tomorrow, the charges against Aksinya.

A New Novel, Part 261 The Dress is Borrowed

22 June 2011, A New Novel, Part 261 The Dress is Borrowed

For those who haven’t been following this blog, let me introduce it a little. I am currently blogging my 21st novel that has the working title Daemon. The novel is about Aksinya, a sorceress, who, to save her family from the Bolsheviks, called and contracted the demon, Asmodeus. Her family was murdered anyway, and she fled with the demon from Russia to Austria.

Aksinya is on trial in Wien, Austria.  Father Dobrushin tells the presiding judge to address him as Herr Lopuhin.  The preliminaries are complete and the trial begins...

“Thank you, Your Honor.  You may address me simply as Herr Lopuhin.”

Judge Richter nodded to the two men.    

After they had taken their seats, Judge Richter turned to Aksinya, “Princess, would you please take the witness seat so I may ask you some questions?”

Aksinya nodded and stood.  The entire courtroom stood, and she walked to the chair before the judges’ desk and sat.  Everyone in the courtroom sat.

Judge Richter glanced at his papers, “Princess, according to Austrian law, you are not required to be sworn in.  If your statements are not truthful, this can be held against you and may add to any civil or criminal penalty you might face.”

Aksinya nodded, “I understand.  I will tell the truth.”

“When and where were you born?”

“I was born in Tsarskoye Selo near Saint Petersburg on March 15^th 1900.” 

“That means you are now nineteen and above the age of majority.  Princess what is your religion and education?”

“I am Orthodox, but I don’t know my standing in the church.”

Father Dobrushin stood, “She is confessed and communicating, a member in good standing in the Russian Orthodox Church.”

Aksinya glanced down.

Judge Richter continued, “Thank you counselor.  Princess, your education?”

“I was educated by my governess and priest.  I have only a few months of formal education.”

Father Dobrushin stood again, “The Princess speaks, reads, and writes, Latin, Greek, Russian, German, and French.  She is highly educated and is considering continuing her studies at university.”

Aksinya turned a perturbed glance at the priest, but he didn’t seem to notice.

Judge Richter nodded, “Princess, do you have any occupation other than student?”

“No.”

The Judge made a mark on his paper.  He asked, “Do you have any dependents?”

“I am only dependent on others.”

The court erupted in laughter.  Aksinya glanced around nervously.  Father Dobrushin gave her an encouraging grin.

Judge Richter chuckled, “Please tell the court your current income and property.”

Aksinya took a deep breath, “I have no income at all.  I once had much property and many goods.  I left my property when the Bolsheviks murdered my family.  I left all that behind and escaped to Austria.  Here, I thought I owned a house, but I found that I had been cheated.  My goods, I brought from Russia with me, but they were all taken to pay the debts on the house, and I still do not own a house.  As far as I know, the only things that I have left are those I am wearing.”  As an afterthought, she added, “And the dress is borrowed.”

The court again filled with laughter.

Now, we will see how this trial will go forward.  In Austria, the first step in the official trail (after calling the role) is the deposition of the accused.  The presiding judge does this himself.  The defending and prosecuting attorneys may ask questions in their turns.  We can see from the beginning this has the potential to be a fair trial--certainly much more fair than the ecclesiastical trial.  The judge seems more just and Father Dobrushin is defending Aksinya.  Plus, listen to Aksinya herself.  She is so depreciating that she seems more like a tragic character than an evil planner.  Perhaps the demon didn't anticipate this.  On the other hand, if you note Father Dobrushin's new address, you will see that Aksinya's defense comes at a high cost.  The price that was paid, we will soon see. 

The witness seat in an Austrian trial is before the judges.  The accused is not sworn in.  Aksinya takes this place and the judge begins to ask her questions.  First, the judge asks her birth place and date.  this is important to determine if she is of the age of majority (therefore can be held accountable for contracts etc.) and to determine her legal status in the Empire of Austria.  By the way, the place of Aksinya's birth is the Palace where all princes and princesses of the Romanov family are generally born.

The question of religion and education are important at this time.  They determine many legal issues in law.  Primarily, it establishes the piety and social virtue of the accused.  Father Dobrushin (I use this appellation so you won't be confused) stands and ensures the court knows Aksinya's position in the Orthodox Church.

On education, Father Dobrushin again comes to her rescue and corrects her.  The next question is of occupation and dependents.  These come into play if the accused must pay fines or be incarcerated.  Aksinya's answer to her dependency causes the court to laugh.  We feel the difference in this courtroom.  Aksinya's innocence begins to bring her favor.  This is not so different an Aksinya that we know, but it is a side to her that has become her since the climax.

Last in this piece, Aksinya“And the dress is borrowed.”  Tomorrow, the trial continues.

A New Novel, Part 260 Address me as Herr Lopuhin

21 June 2011, A New Novel, Part 260 Address me as Herr Lopuhin

For those who haven’t been following this blog, let me introduce it a little. I am currently blogging my 21st novel that has the working title Daemon. The novel is about Aksinya, a sorceress, who, to save her family from the Bolsheviks, called and contracted the demon, Asmodeus. Her family was murdered anyway, and she fled with the demon from Russia to Austria.

Aksinya and Father Dobrushin are in the courtroom in the Rathaus in Wien.  They are discussing more than the case.  Father Dobrushin's preparation is at an end; the judges enter the courtroom...

The Lay Judge began to read from a list.  It started with “Is the Princess Aksinya Georgovna Holstein-Gottorp-Romanov also known as Countess Aksinya Andreiovna Golitsyna, present?”

Aksinya raised her hand and answered, “I am.”

Lay Judge Amsel read from his list of witnesses.  It was very long.  The Lay Judge asked if the witness was present and when they gave their answer, he continued to the next name.  The names were merchants at first, but soon arrived at Lady Natalya Alexandrovna Obolenska.

Aksinya turned to try to catch a glimpse of Natalya, but she couldn’t see her over the crowd. 

The next name was Herr Ernst Franz von Taaffe.  He, like Natalya answered present, but Aksinya couldn’t see him.  Then the Lay Judge called for the Novice Sister Margarethe Traugott and the names of the two novice sisters who had been at Aksinya’s house.  They all answered affirmative.

After the Lay Judge Amsel called all the names of the witnesses and everyone answered they were present, the Lay Judge announced, “Except for the Princess Aksinya, Ladies and Gentlemen who were just called as witnesses, please follow the instructions of the officers of the court and move to the witness’s lounge until you are required to testify.”

The men and women whose names had been called vacated the benches in the courtroom.  The guards opened the large doors at the back, and some waiting spectators entered the courtroom to take the newly vacated places.

Judge Richter waited until the doors were shut again then he addressed the prosecutor and Father Dobrushin, “Gentlemen, will you produce your credentials.”  The prosecutor and priest brought papers out of their briefcases and approached the bench.  They handed them to Judge Richter, the presiding judge.  The judge glanced over the documents.  He wrote a couple of notes and handed the documents to the other judges, “Prosecutor Trauen, you are familiar to me.  Herr Father Lopuhin, I know of you by reputation.  You have worked as an attorney for the Russian refugees in Wien.  I am pleased to have you in my courtroom.”

“Thank you, Your Honor.  You may address me simply as Herr Lopuhin.”

Judge Richter nodded to the two men.

Now the trial really begins.  In this type of trial, first the witnesses are determined and then moved out of the courtroom.  Note, that we have all of the important witnesses to the case.  We have not heard the charges yet from the court, but we know generally what they are from the previous scene (in the Rathaus cell).

Now, here is a detail that I made up--the presentation of the lawyer's credentials to the judge.  This happened in some nation's courtrooms during this time.  I could not determine if the judges in Austria did this in camera (in their offices, like they do today) or in the courtroom.  If I find out differently, I still won't change this scene.  The reason is that these kinds of things (credentials) in the old world were handled at the discretion of the presiding judge and could likely happen exactly as I describe it.  The reason this is so important is first, to show Father Dobrushin's credentials, and second, Father Dobrushin's state.  Third, I wanted to introduce the prosecutor to you.  Do you recognize the name?  His daughter was a student with Aksinya. 

Father Dobrushin tells the Presiding Judge to address him as Herr Lopuhin and not Father Dobrushin.  This is very important--if you don't get what has happened, I'm not going to tell you right now.  Tomorrow, questioning Aksinya.

A New Novel, Part 259 Princess, May We Be Seated?

20 June 2011, A New Novel, Part 259 Princess, May We Be Seated?

For those who haven’t been following this blog, let me introduce it a little. I am currently blogging my 21st novel that has the working title Daemon. The novel is about Aksinya, a sorceress, who, to save her family from the Bolsheviks, called and contracted the demon, Asmodeus. Her family was murdered anyway, and she fled with the demon from Russia to Austria.

Aksinya and Father Dobrushin are in the courtroom in the Rathaus in Wien.  They are discussing more than the case.  Father Dobrushin's preparation is at an end; the judges enter the courtroom...

At that moment, two judges came through the door at the right and two judges through the door at the left behind the large desk.  The bailiff of the court struck his staff against the floor, “Hear ye, hear ye, this Schöffengericht is convened in the name of Emperor Charles the first of Austria and the Republic of German Austria.  I present The Honorable Gustav Richter, The Honorable Artur Kuester, Lay Judge Albert Vogler, and Lay Judge Oscar Amsel.  May the justice of the Lord God Almighty reign in all the affairs of men.” 

The judges were all stern looking men.  They wore heavy powdered wigs.  The two professional judges were dressed in red judicial robes with white stoles and split cravats, while the robes of the two lay judges were black.  Everyone in the courtroom stood except Aksinya.

The presiding judge, The Honorable Gustav Richter sat at the center of the large desk.  He stared down his nose at Aksinya, “Girl why don’t you stand to honor the court?”

Aksinya slowly came to her feet, “I apologize, Your Honor.  I will stand to honor the court.  I did not before because of my rank.”

“Your rank?”  He glanced down at the papers in front of him, “Ah, your Rank.”  He immediately stood back up, “You are that one.  I’d forgotten, please accept my apologies Princess Aksinya.”

Aksinya continued to stand, “You need not address me as Princess.  That was the ruling of the ecclesiastical court.”

Father Dobrushin gently tugged Aksinya back into her seat, “The defense acknowledges the rank of the Princess Aksinya and reminds this Schöffengericht that ecclesiastical courts have no force of law in modern Austria.”

Judge Richter smiled, “That is so counselor.”  He glanced at Aksinya, “Princess, may we be seated?”

She nodded.

Judge Richter smiled again and motioned for the court to sit.  He smiled down at Aksinya, “Princess, I do ask your permission to sit higher than you as that is good order for a court in this case.”

Aksinya smiled again, “I do give you my permission, You Honor.”

“I’d rather not have to grant you my seat in any case.”  He grinned.  A titter traveled through the courtroom.  Judge Richter continued, “Lay Judge Amsel, will you please continue with the proceedings.”

Based on the period and the Austrian legal system, I present you as accurately as possible this type of Austrian secular trial.  The courtroom is exactly an Austrian courtroom and the proceedings are what went on in a Schöffengericht trial.  The details, down to the language and the bailiff are correct as I translated them from German.

First, we get the introduction of the judges and the official opening of the court.  Second, I set the scene by describing the judges and their clothing to you.  Third, we see the beginnings of the judgement.  Aksinya from the beginning causes a problem--she should have discussed this with her lawyer (Father Dobrushin).

Aksinya has changed--the moment she is asked to stand to honor the court, she does even though she did not have to.  A princess does not have to honor an secular court.  She would only be required to honor a court of her peers.  She stands anyway.  The Judge has made a mistake and quickly stands to rectify it.

Aksinya acknowledges to the court that her rank was taken.  Then we get what was happening.  Watch Father Dobrushin--he pulls Aksinya back into her seat.  We realize that he let this all play out like this.  We know the demon brought Aksinya to this point.  Asmodeus prevailed in the ecclesiastical trial.  In this trial, Father Dobrushin fired the opening salvo.  He didn't tell Aksinya how to act and she acted just as we might predict.  She acted just as Father Dobrushin might have guessed.  The result was the presiding judge apologized to Aksinya and acknowledged her rank.  Father Dobrushin reminded them of this also.

Was this Father Dobrushin's plan all along?  It certainly seems to have been.  Watch the presiding judge--he asks Aksinya if the court may be seated.  Already, this trial is starting on an entirely different foot than the last.  Plus, the presiding judge is smiling at her.  Then he makes a joke--he asks permission to sit higher than she for the good order of the court.

The new Aksinya is happy to accommodate this request.  She would likely have accommodated the Archinquisitor--if he had asked her nicely.  The new Aksinya shows perfect decorum, but she is willing to bend.  Tomorrow, the proceedings continue.

A New Novel, Part 258 Because You Believe Me

19 June 2011, A New Novel, Part 258 Because You Believe Me  

For those who haven’t been following this blog, let me introduce it a little. I am currently blogging my 21st novel that has the working title Daemon. The novel is about Aksinya, a sorceress, who, to save her family from the Bolsheviks, called and contracted the demon, Asmodeus. Her family was murdered anyway, and she fled with the demon from Russia to Austria.

Aksinya's secular trial is about to begin.  Aksinya and Father Dobrushin are in the courtroom in the Rathaus in Wien.  They are discussing more than the case.  Father Dobrushin is trying to prepare.  Aksinya wants to know why Father Dobrushin is helping her...

The prosecutors came to their table.  They nodded toward Aksinya and to Father Dobrushin.  Father Dobrushin stepped over and shook their hands.  Aksinya heard only quiet greetings between them.  The priest sat down again and continued to glance through his papers.  The benches of the courtroom began to fill behind them.  Aksinya fidgeted for a while then asked Father Dobrushin, “Why are there so many people in the benches?  Is there an important trial later?”

Father Dobrushin’s lips turned down, “You haven’t seen the papers for a while.”

“They don’t give me anything to read in the jail.  I only have the Greek Bible you brought me.”

“You have been on the front page of every paper in the city and perhaps Austria since well before the ecclesiastical trial two weeks ago.”

“I have?”

“If you look closely, the men on the back row are all photographers and reporters.  They are not allowed to take pictures in the courtroom.  When you leave here, they will all try to snap your picture.”

“Really?  What did they say about me?”

“Nothing flattering.”

“But what did they say?”

“They called you a witch and a sorceress.”

“That’s pretty innocuous and besides, it’s true.”

“There were other things less flattering, but mostly they called the Cardinal and the inquisitors to task for trying a mentally ill girl in an ecclesiastical court.”

Aksinya’s brow wrinkled, “The mentally ill girl was me?”

“Yes.”

“Thank you.”

“Why this time?”

“Because you believe me.”  She glanced at him from the sides of her eyes and sighed, “I’ll try not to bother you again.”

“When?  Now?  It’s too late.”

So, Aksinya and Father Dobrushin continue their conversation, the focus is a little different now.  We see the entrance of the prosecutors.  They are pleasant, but not familiar.  There is not much reason for me to describe them right now.  Father Dobrushin greets them.  We know this is good policy for the defender in a trial. 

Aksinya can't keep still.  She is interested in everything.  The world seems comforting and bright to her.  We can feel the freedom she knows.  Aksinya wonders about the number of people who are in the courtroom.  This is a technique to point them out to you without using description.  Now, we learn more about the situation around Aksinya.  From Frau Becker, we learned about the reporters and the news.  Here, we hear more information from Father Dobrushin.

This piece of conversation is intended to show you about the potential problems Aksinya will face with the press and how important her story has been in Austria and Wien.  We learned that the Cardinal and the inquisitors are being called to task for their actions.  Do you remember, I told you the demon would try to ruin them all.  By trying Aksinya, the Cardinal and the inquisitors have caused themselves problems for the Catholic Church and for themselves as individuals.

The press already calls Aksinya a mentally ill girl.  She picks up on this immediately.  It bothers her because of the issue of her sanity.  The fact that Father Dobrushin believes her makes Aksinya happy.  He is literally her only hope.  Tomorrow, the trial really begins.