Appetizer

DISCLAIMER: That part of this world and those characters you’ve seen before belong to their Creator: JKR. The rest is mine - although I cannot quit my day job as I make no $$$

A/N: The nature of the trial procedure, while based upon a reality, it not accurate. They made it up to fit their needs. I hope I explained adequately last chapter why Daphne’s the advocate…

CHAPTER THIRTY-EIGHT: APPETIZER

SATURDAY, SEPTEMBER 18 th , 1993 (Day 2).

“All rise!” Hermione called out. “The Manor Court of the Ancient and Noble House of Potter resumes session!”

Harry and the others behind the bench took their seats. “Good morning. I hope you all enjoyed your evening. But I regret it’s back to business. Madam Advocate, any preliminary matters or are you ready to call your next witness.”

“Petitioner is ready to continue, Milord.”

“Madam Bones, any preliminary matters or can the Petitioner proceed?”

“Manor Advocate and I discussed a preliminary matter and reached an Agreement, Milord, in regards to the next witness.”

“We have, Milord.”

“Very well.”

“The Petitioner calls Master Auror Alistor Moody.”

“Master Auror Moody was not on your preliminary witness list,” Harry said.

“No Milord, he was not.”

“I asked if we could call him now, Milord, while the testimony of Mr. Lupin regarding information known to that office is fresh in the Court’s memory,” Madam Bones said.

“Very well.”

The one legged Auror was sworn and took his seat.

“Please state your name for the record,” Daphne began.

“Alistor Harcourt Moody, Master Auror retired,” Moody said.

“Right then,” Daphne said. Harry could tell she was nervous and the look on Mr. Tonks indicated this testimony had not been discussed and outlined in advance. “When did you become an Auror?”

“Entered the Academy right outta Hogwarts in ‘32. Technically, you’re an Auror then with the position of Auror Trainee. I finished in '35 and was designated Auror Apprentice and assigned to a team in the Department.”

“Could you explain what a Master Auror is?”

“Well, the Department has a few different levels for Auror. Already mentioned Trainee and Apprentice. Above Apprentice there’s Basic Auror, Investigating Auror, Lead Auror, Senior Auror and Supervising Auror. Basic Auror is based on seniority. Investigating Auror is based on seniority, recommendations to the Head of DMLE and an examination. Lead Auror can be assigned to any Investigating Auror and means what it says, you lead a team in an investigation. At some point, you can be made a permanent Lead Auror, which means you have a premanent team assigned to work for you. Senior Auror is based upon years of seniority as a Lead Auror and generally means you lead a Section - two or more teams. Supervising Auror is the Senior Position in the Department below Chief of Auror’s, also known as the Head of the Auror Office. The Supervising Auror’s the one what sees over the day to day work and the Head works with the Head of DMLE and is in charge of it all, including the Academy. Both are Senior Auror’s appointed to those positions by the Head of DMLE. Never was either. They’re desk types and I preferred investigating. A Master Auror is a Senior Auror recognized for ability and service by the ICW Council of Law Enforcement. Basically, it’s an honour as it says you’re seen as one of the best of the best.”

“And you were named as a Master Auror…?”

“1970. Held that ‘til I retired a couple years ago and was the only one in the Department that whole time.”

“So correct me if I’m wrong, as a Master Auror and Senior Auror your job was that of a Lead Auror?”

“That’s correct. Once I made Lead, I always led an investigative team of some more junior Aurors plus any auxiliaries that might be assigned for a given mission or investigation.”

“Auxiliaries?”

“Curse Breakers, Warders, Hit Wizards, Healers, that sort. Auror’s are trained in all of that, but there are times when you need the focused expertise or wands.”

“So Hit Wizards are not a normal part of the team?”

“In normal times they are assigned on an as needed basis. Not guaranteed you’ll get the same Hit Wizard from one assignment to the next.”

“Normal times?”

“The war wasn’t normal times. The Ministry and Wizengamot might’ve dilly dallied ‘bout Voldemort and his boot lickers but we did what we could while they blathered. Beginning 'round '77, the Auror teams had Hit Wizards assigned permanent. The number of Hit Wizards per team increased over time, especially as we needed the wands. Takes three years to train and Auror. You can turn out a halfway decent Hit Wizard in about four months. They learn straight up combat magic: how to take the bad guys down hard. Taught nothing 'bout investigations, surveillance, stealth and evasion, curse breaking, ward breaking and the like; just how to fight. Besides, wasn’t much investigating to be had. Didn’t take any investigating to learn those mutts were really bad news. 'Bout the only thing a full on Auror could do was infiltration, although that almost never went well. In most cases the Auror either turned Death Eater on us or snuffed it.”

“Maybe I was a little confused yesterday,” Daphne said after a pause, “but it seemed to me that Professor Lupin said they applied to be Auror’s but wound up as Hit Wizards.”

“Aye, and it was both. When that lot came up, they applied for and were accepted to the Auror program and Lupin was right, we were in greater need of wands. A lot easier getting into the Hit Wizards if they have openings than the Aurors. But we needed combat trained wizards more immediately than investigators in training. There was a bit of a war on, you know. So that lot were accepted as Aurors but sent through as Hit Wizards. Deal was after two years as a Hit Wizard assigned to an Auror team and young ‘uns like them were permanently assigned to the Auror Corps, they’d go to the Academy and learn the rest of it. Lead Aurors were expected to give them as much on the job training as possible.”

“Professor Lupin said that James Potter was told to register his form yet Sirius Black was not. Why was that?”

“Animagus form’s a special skill. How useful a form is, is another matter. Lupin was right in saying a stag is bloody near useless so no harm in registering it. ‘Bout the only place a stag won’t stick out like a hippogriff in a henhouse would be a forest an’ it’s not like many wizards make their homes or bases in the woods. Or at least not the nasties we were dealing with. That lot likes their comforts and hidin' out in the woods is hardly comfortable. That an' Lupin was right. Muggles like shootin' stag. A dog, on the other hand, is dead useful. The whole bloody country seems overrun with them at times and no one’ll suspect the bloke or bird walking a dog is really two Aurors. So he was told not to register. You register, it’s public and if it’s public the bad boys know about it. Pretty sure Black’s ability was classified by the DMLE.”

“Classified? You mean it was a secret?”

“Aye. Certain abilities are kept secret. That was even more so back then what with the war. We were looking for any edge to take those Death Bastards down and it wouldn’t do us much good if those bastards knew things like that.”

“Who would’ve known that Black was an animagus?”

“Well, I did and I know James and his wife did. There were a few others on my team who did.”

“Chief Auror?”

“Nope. Black might be in the Auror pipeline, but he was still a Hit Wizard. The Chief took little interest in them in general.”

“Head of DMLE?”

“Barty Crouch. Didn’t care how the bastards were brought in, just so long as they were and in a condition to rat out a few of their friends. Can’t see him interested is a minor detail such as that unless it made the press or something.”

“Could someone today find out that he was one?”

“If his service file were declassified, I assume they could. Otherwise that information would only be available to the Auror Corps and even then only if he was in active service or under investigation by a DMLE Board of Review.”

“What’s that?”

“If DMLE thinks one of its own’s up to no good, there’s a board that investigates the person. There were a fair few of those boards during the war, ‘though it was generally easier just to keep a close eye on those you worked with.”

“Was there one of those Boards for Black?”

“Nope. Caught him wand in hand at the scene of the crime, didn’t they? Least that’s what they said. I was surprised with that, to be honest. But I saw the reports. Hard to refute, ‘though I must’ve missed something. Worked with Black for over two years and never, ever thought he was working for the other side. I could usually spot those types in my section.”

“Oh? How?”

“Weren’t as aggressive. Death Eaters were the worst lot I ever dealt with. No redeeming features to them. And they were vicious. It wasn’t hard for a proper Auror or Hit Wizard to do what was necessary to take them down. But one of their own in our ranks would not be so inclined, would they? Might avoid using spells that could cause serious injury. Black, on the other hand, was very aggressive. Had to hold him back a few times. Not that I liked the Death Eater scum, but it was always a good idea to take a live prisoner now and then. Prisoners talk, name names and stuff. Dead ones don’t. Black fought for keeps against Death Eaters. It was said when a Death Eater met Black he ate Death.”

“So he was almost as bad as they were?”

“Guess that would’ve sounded like that. No. He was professional and would not balk at using whatever force was needed to get the job done, but he took far more of them prisoner and never seemed to let any get away unless it truly couldn’t be helped. Didn’t hesitate to take some mutt down just ‘cause that mutt had a fancified Lordy for a Daddy - or was one himself, come to think of it. And certainly never let a Death Eater get off easy if he could help it. What I meant was he never gave me any reason to think he was on their side. Those in our force who were sympathetic held back when the time came. Black did not. Did he kill a few of them? You bet. So did I. So did a fair few others. But those were in proper fights against scum that would kill you if you didn’t kill them. Easiest way to find a mole in the Aurors was stick him in the middle of a fight with Death Eaters and watch what they threw at each other and what they seemed to throw as if to miss. You see one of ours using practically harmless spells and getting the same in return, fair bet he was one of them. Never saw Black do that and believe me, the Death Eaters wanted him dead.”

“So you were surprised when it came out he was one?”

“Well, that’s just it, isn’t it? He got tossed away under the Emergency Acts for snuffing Pettigrew and a bunch of Muggles. The reality at the time - what we were told - was that Pettigrew was one of the good guys and Black had betrayed the Potters to the bad guys, not that Black was a Death Eater. Thought he must’ve been Imperiused or some such since none of us could see him selling out his best friends. He was one of the best members of my team before then and had a lot of potential. But they never said he was a Death Eater back then. That rot came out later. It was just assumed he had to be one. Now had Pettigrew been found dead with a Dark Mark on his arm? You think they would’ve chucked Black to the dementors then? They’d’ve probably given him a medal - and a nasty note in his file ‘bout the Muggles that bought it. He might be a Lead Auror by now.”

“Did you believe Black was a Death Eater at any time?”

“No.”

“Did you believe he betrayed James and Lily Potter?”

“Not of his own free will. I could see how that could happen. But he would never do so of his own free will. Whole thing seemed fishy to me.”

“Oh?”

“Black trying to take Pettigrew down like that in a Muggle place? Wasn’t his style. And there was the fact that there were two Aurors there. Black would’ve known that and known that they were Aurors. Thinkin' ‘bout it now, it looks more like he was trying to take Pettigrew in and made his move when he saw there was some back up nearby. None of it made any sense back then. Makes sense now seeing as Pettigrew’s not dead and all.”

“Thank you. No further questions.”

“Master Auror Moody,” Madam Bones began after replacing Daphne at the lectern, “you mentioned the Emergency Acts. What were they?”

“Laws passed in early ‘80. Things were going bad. Millie Bagnold had just been named Minister, seventh in six years, you know. Thought she was mental taking it. You had to be seeing as the last six were all dead and none of them died peacefully. It wasn’t well known, but we were losing that war. Couldn’t win with the peacetime rules. The Emergency Acts made it officially a war and we could act as if we were at war. No longer had to respect the old ways.”

“Specifically, what sort of things changed?”

“Well, rules about lethal force moved to a war footing. Now many think we’re not allowed that at all in peacetime. That’s a load of bunk. But we can’t just take them down hard, either. They must be an immediate threat and it must be a clear and immediate threat. It must be obvious both at the time and later that they were using lethal force themselves and any use of lethal force against a Mutt is subject to later investigation by a Permanent Board of Review. Under the Emergency Acts, the Boards of Review could only be called by the Head of DMLE, complaints from the ‘public’ be damned, and we could hex first and ask questions later. We could be proactive and hunt down Death Eaters. Before we needed a warrant or needed to catch them breaking the laws. After, if we suspected someone was one or in league with one we could go in wands blazing even if all they were doing at that moment was having a cup of tea. In other words, we could now take the war to the enemy rather than wait around with our wands in our holsters ‘til they brought the war to us.”

“What about what happened to Black after he was caught?”

“Whole thing’s fishy…”

“Arguably, but what was off?”

“That’s just it. Under the Acts, there was no way to pin that down. Aurors could be proactive. Moreover, if you were brought in for suspect activities - blowin' up a bunch of Muggle would count - they’d classify you as a war prisoner and chuck you into Prison. Before, you could be released ROR or on bail and most of them, even the worst of them were routinely brought in, questioned and then some other Mutt bailed them out and they went right back to killing and such.”

“ROR?”

“Released on their own recognizance. They were expected to play nice and show up for whatever hearing or trial the Ministry asked them to attend. A person like Black, heir to an Ancient and Noble House, would get ROR. Otherwise, they just had to post bail or have someone post bail for them. That went out the window under the Emergency Acts. They’d get questioned and if the Department felt a hearing or trial was in order, it was off to Azkaban until the Department got round to it rather than back onto the streets where they could commit more crimes and probably would never show up again unless we caught them again - and get another ROR or bail. At least stuck in that place we knew that they wouldn’t be a threat and they would show up for their trial.”

“But they were supposed to have a hearing or trial?”

“They were.”

“And Black?”

“Papers said he did. Thought he might’ve been fast tracked: straight from the interrogation room to the dock before the Wizengamot. It happened that way on occasion.”

“Do you know if that happened in this case?”

“No.”

“No more questions.”

“Any follow up?” Harry asked.

“No Milord.” Daphne said after a moment where she seemed to be whispering with Mr. Tonks.

“The witness may step down.”

“Petitioner calls Lady Emily Abbott.”

Emily Abbott took her seat after being sworn.

“Please state your name for the record.”

“Lady Emily Abbott. I guess now it would be Dowager as my daughter has become Regent of the Ancient and Noble House of Abbott.”

“Are you employed?”

“I am. Always wanted to be useful. I’m a Senior Archivist at the Ministry Archives.”

“An what do you do there?”

“Supervise the other clerks really. We’re charged with the collection, organization, filing, maintenance and, if asked, retrieval and copying of all Ministry records whatever the source. This includes just about everything: birth records, certain contracts like betrothal ones, OWL, NEWT and Mastery results, marriage records, property records, Wills, transcripts of Wizengamot proceedings, trials, personnel files, all of that.”

“Who can access these records?”

“Certain records are deemed public, which means anyone can access them. There are others deemed personal, which means only persons who have a direct interest in the content can see them. Some are for official use only, in which case there’s a list either by name or position of those who can see them.”

“If I wanted to see a restricted file, one that was not about me, could I?”

“No. Not without a subpoena.”

“And that is?”

“An order from the Wizengamot or another recognized adjudicatory body allowing you to access those records.”

“Is a Manor Court such a body?”

“Had to look that up at the time. No one in the Archives had ever seen a Manor Court Subpoena before. But yes. A Manor Court has the authority if the subpoena is clear as to what is wanted and why it is wanted.”

“I have two documents I’d like to show you marked as Petitioner’s Exhibits ‘B’ and ‘C’ for identification,” Daphne said. She handed the two documents to Madam Bones who nodded and handed them back.

“I would like a standing objection as to relevance, Milord,” she said.

“As in I rule on it later?”

“That’s correct.”

“So noted. Proceed, Madam Advocate.”

An elf presented the two documents to Mrs. Abbott.

“What are those documents?”

“They are certified copies of two subpoenas issued by the Manor Court of the Ancient and Noble House of Potter in the matter of Sirius Orion Black versus the Ministry of Magic, et al. The one marked Exhibit C requests a complete, certified copy of the Service Jacket of Auror Trainee / Hit Wizard Sirius Orion Black and the other asks for - quote - certified copies of any and all records and transcripts regarding any arrest, detention, interrogation, hearing, trial or any other proceeding in which Sirius Orion Black was involved on or after 31 October 1981 - end quote.”

“What’s a certified copy?”

“Means the Senior Archivist affixes their seal attesting it’s a true and accurate copy of the original Ministry record of that document or those documents.”

“Did the Ministry comply with the Subpoena?”

“It did. They are endorsed by Senior Archivist Leftwitch under her seal. It means receipt was acknowledged, the jurisdiction of the requesting court deemed valid, and the documents requested were copied, certified and sent on to the requesting court in compliance with the subpoenas.”

“And you recognize her seal?”

“I do.”

“Can such a seal be faked?”

“Yes and no. I suppose someone could fake what looks like the seal, but not the magic on the seal. I would need to use my wand to verify its authenticity.”

An elf presented Mrs. Abbott her wand. She cast a spell. “These are Madam Leftwitch’s seals.”

“And what does that mean?”

“These are authentic.”

“Madam Bones?” Harry asked, “while it’s not yet time for you to question, it seems to this Court that now’s the best time to challenge that statement seeing as you have a standing objection.”

“Thank you, Milord. However, the Ministry knows that Madam Abbott is in fact a Senior Archivist and can verify such seals magically. Moreover, she didn’t glow red in that interesting witness chair. We accept her statement as true to the best of her knowledge and belief and do not challenge the authenticity of the documents, only their relevance.”

Harry nodded. “You may then continue, Madam Advocate.”

“Thank you, Milord,” Daphne said. “I’m now going to show you, Madam Abbott, a file marked as Petitioner’s Exhibit ’D' for identification.”

After looking at the file, Madam Bones said: “I’d like to include this in my standing objection.”

“So noted,” Harry said. And elf then brought the file to Mrs. Abbott.

“Can you tell us what that is?” Daphne asked.

“It’s a certified copy of the Service Jacket of Sirius Orion Black, Auror Office, Department of Magical Law Enforcement,” Mrs. Abbott said. “The certification letter is the top page and states that it’s the complete file.”

“And the certification is authentic?”

“It is. And it would extend to every page in the file.”

“And what would be in a Service Jacket, if you know.”

“Same thing as in any personnel file of any Ministry Employee. Basically, anything the Ministry, the employee’s Department and their supervisors think needs to be on file. What specifically is included depends upon the Department and the person’s position.”

“Could you please turn to page 42 of the file?” Mr. Abbott did. “What is on that page?”

“It lists ‘Special Abilities of Interest’,” she said. “It further states it’s Classified as Most Secret, to be declassified only upon the subject’s termination of service by reassignment, resignation, termination, discharge or death.”

“What abilities are listed?”

“I would object, as it does say it’s classified,” Madam Bones said.

“Very well, we’ll get back to that. Madam Abbott, go to the last page.” She did. “And what does it say?”

“Terminated: 2 November 1981. Reason for termination: incarceration for serious crimes.”

“That would be a reason for declassification?”

“Under the classification stated on page 42, yes it would.”

“And what were the formerly classified abilities?”

“Any objection, Madam Bones?” Harry asked.

“No Milord.”

“Continue. You may answer the question, Madam Abbott.”

“It says here,” she said returning to the previous page, “that he is fluent in French and is an animagus. His form is a large, black dog of unspecific breed.”

“Could the Department of Magical Law Enforcement access the information on that page?”

“If they needed to and if it was their job to do so, I would say yes. In most cases, however, no they could not.”

“Would this count as being registered as an animagus?”

“Objection!”

“I can’t answer that question, ‘cause I don’t know,” Mrs. Abbott said.

“Objection withdrawn,” Madam Bones added.

“What department registers Animagus ability?”

“Magical Law Enforcement.”

“And what Department made and maintained that file?”

“Again, Magical Law Enforcement.”

“So it could be said that Magical Law Enforcement knew that Petitioner was an animagus and knew of or could have know of his form?”

“Objection! Speculation!”

“Withdrawn. I am now going to show you Exhibit ‘E’ for identification.”

Another very large file was handed to the witness and she was asked to look it over. “What is Exhibit ‘E’?” Daphne asked.

“These are the records in response to the Subpoena of the House Potter Manor Court for all documents regarding any investigation of, arrest, interrogation, incarceration or trial of Sirius Orion Black. Like the other file, it is certified as in compliance with the Subpoena and complete by Madam Leftwitch.”

“I’m not going to challenge their authenticity,” Madam Bones state, “but add this to my standing objection as to relevance.”

“So noted,” Harry replied. “You may continue Madam Advocate.”

“Right then,” Daphne said, “Below the page with Madam Leftwitch’s Certification, what’s the next document?”

“A statement by her that the Ministry has no record of any investigation of Sirius Black for any reason aside from what was supplied pursuant to the Subpoena.”

“Okay, and next?”

“Two ‘Incident and Arrest’ reports from Aurors John Dawlish and Megan Stiltson dated 3 November 1981. The events described happened the day before.”

“Could you read one of them to the Court?”

Incident and Arrest Report

Auror Form 2121

3 November 1981

John Dawlish, Basic Auror ID 0197

Suspect: Sirius Orion Black; APT 42D Marston Close, Savoy, London. Age 21, male. Auror Trainee/Hit Wizard.

Victims: Peter Alan Pettigrew; address unknown, Age 21, male. Occupation unknown. Wizard. Finished Hogwarts 1978. Dead at scene, 2 November 1981. Victim of blasting curse.

12 unknown muggles, various ages, males and females, dead at scene, victims of blasting curse.

53 unknown injured muggles, various ages, males and females. Possibly more. Victims of blasting curse.

Incident:

Routine Patrol in Camden Towne London, Muggle area. On lookout for DE activity. At approximately 1215, 2 November, 1981, observed Suspect and Victim in argument outside a Muggle shop. Area was crowded with Muggles. They were the only two wizards in area that I could see. Victim yelled: “You betrayed James and Lily to the Dark Lord! You killed them!” or words to that effect. There was then an explosion. Suspect stood there laughing. Nothing left of Victim save a finger. Suspect had wand in hand. Made no effort to escape nor any resistance when we approached and took him into custody. Said nothing. Did not respond to any of my questions. Laughed and cried. Taken to DMLE after Ministry Emergency Response Team was on scene.

Violations: Murder of Wizard - Peter Alan Pettigrew.

12 Unlawful Lethal Assault of unknown Muggles.

53 Aggrevated Assaults and Attempted Unlawful Lethal Assualts upon 53 unknown Muggles.

Class 1 Violation of International Statute of Secrecy.

Possible Death Eater, although suspect has no Dark Mark. Possible link to Death Eaters unknown at this time.

“… and then Auror Dawlish’s signature,” Mrs. Abbott finshed.

“And the other one by Auror Stiltson?”

She read that one as well. It was almost identical although worded differently.

“After that?”

“There’s a report from Lead Auror Robards about the scene and follow-up. It describes the damage. It theorized that a blasting curse must have hit a gas main under the street causing the explosion. Lists what little evidence was recovered at the scene. Basically, just a finger and Black’s wand. The last spell cast had been a blasting curse. It goes on to describe the clean up: repairs made, number of Muggles obliviated, and so forth.”

“Thank you. I would like these reports and Madam Leftwitch’s certifications as to this file and her letter to be admitted into evidence as Petitioner’s ‘E1’ through ‘E5’.”

“Madam Bones?”

“No objection.”

“So admitted.”

“What’s next in the file?” Daphne asked.

“A DMLE Interrogation Report dated 2 November 1981,” Madam Abbott said. “Interrogation of Suspect Sirius Orion Black…”

“Thank you, does it say who was at that interrogation?”

“It does.”

“Aside from the Petitioner, who else was there?”

“It lists Bartimius Crouch as the Interrogating Official, Director of the Department of Magical Law Enforcement. Also present were Basic Aurors John Dawlish and Megan Stiltson and Investigating Auror Kingsley Shacklebolt and Jennifer Hammer, Ministry Stenographer.”

“Thank you. How many pages is it?”

“Three.”

“Not much of an interrogation.”

“Is that a question?” Madam Bones asked.

“My apologies.”

“I wouldn’t know if it was or wasn’t,” Mrs. Abbott said.

“What’s after the Interrogation transcript?”

“Report of Receipt of Prisoner from Azkaban Prison dated 2 November 1981. It gives his description, lists the personal property taken from him and that they’re stored in such and such a locker and so on.”

“No trial? No other investigative stuff?”

“I’ll look,” Mrs. Abbott said, “but this file appears to be in chronological order, as it should be, and this is the next document in order. It does say that the Prisoner is being incarcerated on Order of DMLE pursuant to the detention provisions of the Emergency Acts.”

“And what’s after the Receipt of Prisoner?”

“Says Daily Prisoner Report. It gives a date of 2 November 1981 and has two entries one at 1925 says prisoner in cell 217, fed dinner, prisoner crying. The other is 2331 says prisoner in cell, crying.”

“After that?”

“Page after page of similar reports,” Mrs. Abbott said. She appeared upset. “Hundreds of them. Each one has a different date but they all seem to be similar. They’re all numbered in order,” she kept flipping through and was almost at the last page of the thick file when she finished. “Last one’s page 4275 dated 18 July 1993. It has two entries. 0207, prisoner sleeping and 0535 prisoner missing, cell locked.”

“So most of that file is Daily Prisoner Reports?”

“Yes,” Mrs. Abbott said.

“And the end bit?”

“Seems to be a report about a search of the Prison for him. It’s dated 21 July 1993. They couldn’t find him and couldn’t explain how he got out or could’ve gotten away. It says that if he managed to get outside, he either tried to swim off and would likely have drowned or they would’ve found him. Final entry says they list him as drowned whilst escaping. Well, the final from Azkaban says that. The last page is an Order signed by Cornelius Oswald Fudge, Minister for Magic.”

“And what’s it say?”

“The Department of Revenue is to be prepared to pay 50,000 Galleons should some ‘concerned citizen’ bring in Sirius Black dead or alive. The Public Relations official is to post that amount as a reward for the capture of Black, but make it plain his body has to be delivered to get the reward. It orders DMLE to devote every resource to catching Black, tells them they may use any force necessary to catch him and finally directs that Black be administered the Dementor’s Kiss as soon as feasible should he be brought in alive.”

“Does it say anything about a trial?”

“No. The Minister’s Order says nothing about a trial.”

“Is there any trial transcript in that file at all?”

“No.”

“Would one be there?”

“Based on Madam Leftwitch’s Certification, if there was one it either would be in here or her letter would tell us why it was not. I must conclude there is no such transcript in the Ministry Archives.”

“At this time, I would like to admit the remainder of the file less the Interrogation report into evidence as Exhibit E6.”

“No objection,” Madam Bones seemed to sigh.

“Exhibit E6 is admitted into evidence,” Harry said.

“No further questions.” Daphne concluded.

“Just a few,” Madam Bones said. “Going back to Exhibit D…”

“Madam Bones, you have a standing objection to that Exhibit. Are you waiving it?” Harry asked.

She seemed to sigh. “I guess I am.”

“You guess?”

“I am.”

“Madam Advocate, do you wish Exhibit D admitted into evidence?”

“I do.”

“It’s admitted. Continue Madam Bones.”

“Going back to Exhibit D, Madam Abbott, that last page does say that Sirius Orion Black was terminated from his position as an Auror trainee and Hit Wizard.”

Mrs. Abbott looked through the smaller file before her. “It does. Last page.”

“It further states he was terminated ‘cause he was incarcerated for the commission of serious crimes?”

“It does.”

“No further questions.”

“Madam Abbott?” Daphne began. “Prior to this proceeding, you were asked to review these two big files, weren’t you?”

“I was. I was asked to do so by yourself and Solicitor Tonks.”

“What were you asked to look for?”

“I was asked to be familiar and conversant with just about all the materials. But I was specifically asked to look for anything regarding why he was sent off to prison - Sirius Black that is - and anything about any investigations, hearings, trials and such either before or after he was sent there.”

“There were none in Exhibit E, correct?”

“There was the arrest and incident reports we talked about earlier and the interrogation report I mentioned. Aside from that, no there wasn’t.”

“And Exhibit ’D'?”

“Aside from what’s on that last page, nothing about what those serious crimes were or anything else about any investigation. There was a Board of Review back in ‘79 that dealt with what looked like a really bloody fight between a group of Death Eaters and his Auror team where the Head of an Ancient House and his Heir were killed, both of them bearing the Dark Mark. Black and the others were found to have done their duty under the circumstances. About the only thing you might consider related to that last page were notations that he was Absent Without Leave that day and the day before.”

“It doesn’t say why, does it?”

“No.”

“It doesn’t say he killed Peter Pettigrew or a dozen muggles or injured nearly three score more or violated the Statute of Secrecy?”

“None of that is even mentioned anywhere in his personnel file.”

“Would it be?”

“I can’t say. What is or is not in this file is the DMLE’s business.”

“No further questions.”

“The witness may step down,” Harry said. “I think now’s a good time for lunch. Lunch is available under the tents in the town square. Court stands in recess until one o'clock.”

“Not looking good, eh Cornelius?” Archibald Cartwright, Senior Reporter for the Daily Prophet asked.

“What?” Minister Fudge replied. “Don’t be silly. The food’s excellent.”

“I meant the trial, Minister.”

“Oh that. Well, much ado about nothing really. Before my time.”

“They did bring out your ‘shoot to kill’ order.”

“Ah. Well, it seemed prudent at the time. Everything suggested he was dangerous.”

“And there is the issue about the dementors at Hogwarts.”

“Again, seemed prudent.”

“And now? Does it seem prudent now?”

“Right then. Those decisions were made based upon the advice I received from senior staff.”

“That include DMLE? Court Services?”

“It wasn’t necessary. Everyone knew Black was bad news. Never heard a peep out of Court Services about any of it.”

“And DMLE?”

“Seemed more concerned ‘bout manpower allocation. Never complained about whether we should catch Black, just how to do it.”

“And the dementor’s kiss?”

“A few ruffled feathers over that one, I’ll admit. But you gotta take a hard line with such lot or we’re back to where we were back then, right? I don’t regret the order.”

“Seems like your hard line came out of the blue, Minister.”

“Of course not! This is just the first such instance in my tenure is all. I can assure you I would not have tolerated a return to those troubles!”

“And yet many known and admitted Death Eaters walk the streets as we speak. You even are known to socialize with some.”

“They did what they did under the Imperius Curse. They said as much and I have no reason to doubt them. They’ve lived law abiding lives since then.”

“So if they went back to their old ways, there’d be a shoot to kill order for them as well?”

Fudge chose to ignore that question.

“And if Black were to claim it was all under that Curse, you’d rescind that order?”

“Far as I know he hasn’t. He seems to be claiming he didn’t do any of it.”

“So far it looks like he has a point.”

“It’s not over yet. I am confident the Ministry will prevail in the end.”

“And if it turns out everything everyone thinks about Black’s all wrong? If he was innocent of all of that as it’s starting to appear?”

“Had I known that at the time, we probably wouldn’t be here. But all I knew is what I’ve stated.”

“And if it turns out the whole Wizarding World was wrong about what happened back then?”

“We’ll deal with that if the time comes.”

“Petitioner calls Senior Auror Kingsley Shacklebolt to testify,” Daphne said as soon as Court was back in session. Nobody who thought about it was surprised. His name had come up just that morning and everyone seemed disappointed that the interrogation had not been discussed at all. Shacklebolt was sworn and took his seat.

“Please state your name for the record,” Daphne began.

“Kinglsey Lionel Shacklebolt, Senior Auror, Auror’s Office, Department of Magical Law Enforcement.”

“And when did you become an Auror?”

“I completed the Academy in 1974.”

“You were an Investigating Auror in the fall of 1981?”

“I was. I made Investigator in four years. That’s faster than average these days, but we were taking losses in that war. Still, I did score almost perfect on the examination.”

“You weren’t involved in the apprehension of Sirius Black on November 2nd, 1981, where you?”

“I wasn’t there when it happened, if that’s what you mean. I was part of the response team called in afterwards. Lead Auror Robards was in charge of all of it and I was in charge of the incident investigation.”

“Aside from the reports by Aurors Dawlish and Stiltson, there were no other reports?”

“There was the Incident Response Report prepared by Auror Robards…”

“Yes, we’ll get to that.”

“I did have an opportunity to see those, by the way.”

“Are you aware of any other reports?”

“Not in response to your subpoena.”

“So there were others?”

“I don’t know.”

“Wouldn’t you have submitted one?”

“I was told not to.”

“By whom?”

“Barty Crouch and Albus Dumbledore.” The crowd gasped.

“And when was that?”

“Later that evening.”

“Before or after the interrogation that’s been mentioned?”

“Oh after. Black had already been portkeyed to Azkaban.”

“Is it unusual to be told not to make a report?”

“Very.”

“Did you ask why?”

“Naturally. Crouch said it was an open and shut case and suggested my time was better spent dealing with an open investigation. Dumbledore added that to file a report based upon what I knew might… well, he said there were sensitive matters that were best left unsaid.”

“What did he mean by that?”

“He didn’t say. I could only guess.”

“And what was your guess?”

“Objection, speculation.”

“The witness said he was told not to submit a report and he complied,” Daphne said. “He said it was unusual. He said that Dumbledore said it might touch on sensitive matters and it seems he accepted that. I think it’s prudent to ask why he did.”

“Agreed,” Harry said. “Objection overruled.”

“The only thing I could think of was that I knew where one of the victims of the attack of October 31st was or at least had been. Since the attack in London was connected, that would’ve been in my report.”

“Which victim was this?”

“Harry Potter. I knew he had been taken to Hogwarts and then was to be relocated to his relatives' home south of London. Dumbledore felt it best to keep that quiet and that made sense to me since there was no doubt in my mind the Death Eaters would make a go for the boy if they knew where he was.”

“And how would they have known?”

“DMLE was compromised. We knew that. Even a classified report would’ve been known to the Death Eaters. The Order was similarly compromised.”

“Order?”

“Order of the Phoenix. Dumbledore led it. They were doing what they could to keep You-Know-Who from taking over. We knew there were spies in both such that nothing was secure. The best way to keep Potter safe would be for as few people to know where he was as possible and to ensure there were no records.”

“Did you know where Harry was?”

“Only what I told you. No more than that.”

“Okay, I’m going to show you the Incident Report filed by Auror Robards back on November 2nd, 1981 tentatively marked as Petitioner’s Exhibit E7.”

“No objection,” Madam Bones said. “Not to the exhibit at any rate.”

“Noted.” Harry said.

“It says in there, does it not, that Sirius Black’s wand was taken?”

“It was. That’s pretty much standard procedure.”

“And that it was tested somehow?”

“There’s a spell called Priori Incantatem, ” Shacklebolt said. “All Aurors learn it. It allows us to tell what the wand had done recently. Well, that’s not accurate. It tells us what the last few cast spells were.”

“And the last one was a Blasting Curse?”

“That’s what the report says. I can tell you that was consistent with the scene. It was a wreck.”

“Only one wand was recovered, correct?”

“Correct.”

“And all that was found of Pettigrew was a finger?”

“It was odd, but yes. Usually there’d be more left. It’d be a nasty mess, but usually there’d be something. Unless the wand was hit dead on, something would be left of it too. And Black was unscathed, which was also odd given the amount of destruction. But until it turned up yesterday that Pettigrew was an animagus, it was an odd anomaly, but not so out of the realm of possibility to be any more than that.”

“Is a blasting hex unusual from an Auror’s wand?”

“Depends.”

“How so?”

“We do use it in a fight. It’s a spell that can be blocked, but if it isn’t the bad guy goes down hard.”

“Is it lethal?”

“Can be. Depends on where the person is hit and from how far away. Would’ve been that day even if it hadn’t missed and set off a gas main. They were less than a yard apart, apparently.”

“It missed?”

“Point of impact for the spell was about eight feet behind where Pettigrew was standing. Assuming Black cast it, he missed. Then again, that assumes he was trying to hit Pettigrew. Can’t see a Hit Wizard missing a target three feet away if he intended to take it down. That was another odd thing. But given how odd Black was that day… He’d clearly gone ‘round the twist. No telling what he may have been thinking.”

“Assuming it was his spell to begin with.”

“That seemed like a fair assumption at the time.”

“Can that priori incantatem spell tell you when that last spell was cast?”

“No. Just what the last spell was.”

“So, even if the spell was the last one, it could’ve been days or even weeks since it was cast.”

“Could be.”

“Could an Auror using that spell tell for certain when a spell was cast?”

“No. All the spell tells you is that it was cast. You could do that spell on a wand that you know hasn’t been used in years and on a wand that was just used and you can tell what the last spell was. The only way to know for certain when a spell is cast is to see it cast.”

“Did anyone see Black cast a spell that day?”

“Neither of the Aurors on the scene when it happened saw it cast, apparently. It would’ve been in their reports if they had seen a spell cast. Naturally, I didn’t as I didn’t get there until afterwards and Black was already in custody.”

“Aside from that detection spell used on wands, would there have been any way to tell who cast the spell that blew things up that day?”

“We were pretty sure it was Black at the time. He was quiet when I arrived but Dawlish said he was laughing like a madman - his words - right after the explosion.”

“Could you have figured out who cast that spell if you weren’t so certain it was Black?”

“No. That’s not possible. Spells don’t leave detectable traces that can link them back to the caster after the fact.”

“Everyone seems to think the Ministry has some way to detect such things. You mean there’s no way the Ministry can detect underage magic?”

“Not per se, no. The Ministry can detect magic up to a point. It can tell if a spell was cast where one was not expected, such as a Muggle Shopping area. But it can’t tell you who cast it. A child raised in our world could only truly get caught doing underage magic if they did it away from their home - in other words somewhere where we wouldn’t expect a spell to be cast. We would then have to send out some folks to ask around to find out that it was such a violation. Muggle raised children - well, they’re usually the only likely culprit as there’re rarely any magical families close enough to where they live for us to think it was anyone other than that underage witch or wizard.”

“Okay, moving on much as I’m sure many of the Muggle raised underage witches and wizards would love it if I dwelled on this some more - you were at the later interrogation of Sirius Black.”

“If you could call it that, yes.”

“You don’t call it an interrogation?”

“Not really. No.”

“Care to explain?”

“The suspect appeared to be… I don’t know… out of his mind? Distraught? Hysterical? He was clearly unresponsive. Didn’t respond to any of the questions. Kept saying it was all his fault over and over again. Didn’t matter what the question was. Just about all he said was it was all his fault.”

“Just about? He said something else?”

“Two other things… no three. Thought he was raving at the time and believed it right up ‘til I saw Pettigrew in this Courtroom. At one point he did say that 'James and Lily are dead because of me.’ I can’t remember if that was in response to any question although I do recall it was not an answer to any question. He also said he needed to catch the rat. Again, ‘til yesterday I had no clue what that could’ve meant. The only question he appeared to have answered was whether he killed Pettigrew. He said he certainly wanted to.”

“I’m going to present you with the Interrogation Transcript of Sirius Black dated 2 November 1981…”

“No objection,” Madam Bones said.

The document was marked as E8 and handed to Shacklebolt.

“Could you read to us the Questions and Answers?”

Shacklebolt did. It took about fifteen minutes and made no sense to anyone in the room although it pretty much went the way Shacklebolt had said earlier. When he was finished, he looked confused as well.

“Who asked the questions?” Daphne asked.

“Barty Crouch, head of DMLE.”

“You didn’t?”

“No.”

“Why were you there?”

“Standard procedure. I was one of the on-scene supervisors for the incident.”

“It says that Dawlish and Stiltson were there. Did they ask any questions?”

“No.”

“Is that standard procedure? Is it always head of DMLE that interrogates suspects?”

“No it’s not. In a case like this where the suspect was caught doing something and had not been under prior investigation for wrongdoing, it would usually be one of the Auror’s who caught him and maybe a superior such as myself. Before we went on the record, Crouch told us he’d do it as he was certain now that Black was the mole in our organization. Couldn’t see that myself.”

“A mole?”

“Another word for a spy. It’s a guy who’s right under your nose and selling you out.”

“You couldn’t see Black as a Mole? Why not?”

“Some of the stuff we knew was leaked to the bad guys he would not have had access to. He wasn’t an Auror the whole time, you know. Most of it, he was just a Hit Wizard. And ‘the Mole’ was active his whole time he was with DMLE releasing information he could not have had access to. It seemed off. The whole thing did but we were all… well, none of us knew who we could trust with anything and I know Crouch wanted whoever it was that was working for the other side.”

“Was Black the Mole?”

“No. That case broke wide open a couple years later after Crouch was reassigned to International Cooperation. It was the then Head of the Auror Office Julius Edgemont. He killed himself before we could bring him in, but we had a solid case against him.”

“Never thought of taking a new look at the Black case?”

“Crouch wanted to do the interview because he thought Black was the Mole. It was not why he was there - Black I mean. After about fifteen minutes of questioning which I read earlier, all of which were about what happened earlier that day in London, Crouch said he had enough and invoked the Emergency Act to send Black off to Azkaban.”

“Did you find that odd?”

“Not at that time, not really. Anyone we caught who we thought might be in league with You-Know-Who got sent off to Azkaban under the Emergency Act. Kept them out of trouble. Black was out of it and if he was one of them we certainly didn’t want him set loose. It seemed prudent.”

“That Act also requires that the suspect stands trial for his crimes within a year, doesn’t it?”

“As I recall.”

“And otherwise, the suspect had to be released.”

“That’s my understanding.

“Did you ever hear of a trial in the case of Sirius Black?”

“No.”

“Did you find that odd?”

“Until yesterday, I admit I never really thought about it. Unless I was called to testify or it was all over the papers, I doubt if I would’ve known.”

“You’re an Auror and were on-scene investigator!”

“Doesn’t mean DMLE would’ve thought my testimony was needed. Again, never thought about it.”

“And when word got out of his escape not two months ago?”

“I wondered how he managed that. But the word was he was convicted so I assumed there had been a trial.”

After a pause where it seemed Daphne was looking over her notes or something she said. “No further questions.”

“Senior Auror Shacklebolt,” Madam Bones began. “You testified that at the time Black was arrested the Aurors believed there was a mole in their ranks?”

“We were beginning to suspect that before then, yes. Too many of our operations were coming up empty for it to be just a run of bad luck. Someone was telling the bad guys we were coming for them. By then, we were sure there was a mole.”

“How?”

“Set up an op - short notice thing. We had a place that had been staked out for some time. It was the home of a suspected Death Eater who lived alone. Another of the Senior Aurors decided to bring the guy in and set up a raid on short notice. This came out later, by the way. The only others aside from his team who had any heads up were the Head of the Aurors and the other Senior Aurors. My team was tapped as a potential backup, ‘though we weren’t told where or for what. The raid went out and just as they portkeyed out the guy on stakeout came in to report that about twenty Death Eaters had just arrived at the location and looked like they were expecting a fight. By the time my team got there, it was too late. The bad guys were gone. The team that went in were ambushed as soon as they arrived. Never had a chance as they portkeyed into a hail of Killing Curses. None of them survived.”

“Could Black have been the one?”

“Not possible.”

“Can you be sure?”

“I’m certain of it. He was in St. Mungos recovering from injuries he received only the day before. He could not have known about that raid.”

“That was almost twelve years ago, how can you be sure?”

“Cause after it happened I was asked to figure out who could’ve known. Aside from the dead team, there were about a dozen who knew far enough in advance that they may have had time to tip off the bad guys. My team and I had five minutes and were not told where this raid was set. Aside from the raid and my team, all the other teams were out of the office at the time. And I had the list of those in St. Mungos. Because of what happened later, I checked that list and Black was on it. He couldn’t be the mole. Not the one who set that team up, at any rate.”

“Prior to yesterday, did you have any reason to believe Black had not killed Peter Pettigrew?”

“To be honest, no. Then again, I also assumed the Ministry and DMLE did their job in the end. It appears at the very least we seriously dropped the Quaffle with Black.”

“No more questions,” Madam Bones said quickly.

“I take it you have more witnesses, Madam Advocate?” Harry asked consulting his watch.

“One more, I should think, Milord,” Daphne replied.

“Will it be quick?”

“I don’t think so.”

“In that case, it might be best to recess for today. We’ll reconvene at nine o'clock tomorrow morning. Court stands in recess. I again hope everyone enjoys their evening at the Farm.”

Dumbledore was sitting in the Dining Room of the Old Farm Manor where he and several of the members of the Wizengamot were staying. He was seated with Amos Diggory, Deadlus Diggle who were loyal members of the Liberal Faction and Augustus Burke, who was a Traditionalist and Marcus Weasley, who was a Moderate and related to Arthur Weasley.

“Thought just for a moment that Auror chap was throwing you to the Dragons,” Weasley said. “Did make it seem plausible in the end.” It seemed to Dumbledore that his dinner companion was hoping he had been thrown to the Dragons.

“They do seem to be doing this professional,” Burke said. “I dare say, they’re making sure all the ‘i’s’ are dotted and ’t’s' crossed. When I saw who was on the panel and who the House Advocate was…”

“They’re definitely covering all the hoops,” Weasley agreed. “So a few of them are a bit young. Can’t remember such a professional trial. Shouldn’t be surprised though what with Davis and Cartsons on the bench as well and Solicitor Tonks at the Manor table. Fair bet his hand’s all over the Manor Advocate’s presentation of the case.”

“Why isn’t he up there instead?” Diggle asked.

“Don’t be daft,” Weasley replied. “It’s a Manor Court. They’re being awfully professional ‘bout it, but it’s considered a matter of internal affairs or whatever. They don’t bring in outsiders to present the Manor case. Never have. But they’re certainly making sure we’ll overlook that and they have enough press here we’d be fools not to. They’re basically handing us a prepackaged trial in one piece. Fair bet they’re going to ask us to take up the issue of Lord Black’s incarceration and right now I’d say we skip the show and tell and get straight to ruling. No sense in reinventing the wand.”

“I tend to agree.” Burke said. “So far, I doubt we’d get a better presentation.”

Dumbledore could not decide if he liked this idea. He was sure if he thought this should be ignored, Diggory and Diggle would back him. But there were far more members and votes seeing this who would not back him just because he was Albus Dumbledore which meant if they felt the way these two felt… He did not want to think about what consequences might follow.