Flapman

Snail Owner: Sir Wilhelm Vyronov

Snail Name: Lerald Leraldson

Residence: Koengstriet 4

My dreams of having wonk babies....

IN RESPONSE TO THE DEFENDANT’S MOTION FOR REBUTTAL

TO THE CIRCUIT COURT,

The prosecution asks the court to uphold the prosecution’s presented arguments and to move on with the trial.

I

The prosecution is in the possession of written testimonies that indicate that the accused had either agreed or made the conscious choice to appear to agree while keeping it purposefully vague. It’s common for duels to be to the yield, be it in competition or in military training. Both the accused and the victim come from a military background and it can therefore be assumed that they are both familiar with duels to the yield.

II

The accused made the conscious decision to appear to agree while keeping it purposefully vague. The prosecution considers this to be with malicious intent in order to either gain an advantage over the other party during the duel or to attempt to dodge any of the legal consequences of his actions.

III

It is impossible for provincial law to incorporate a similar law to ORC 209.031 without causing a conflict that results in ORC 209.031 taking precedence, as according to ORC 605.052. Therefore it can be assumed that ORC 209.031 may be used with provincial law as ORC 605.5052 states that: “The rulings of the Circuit Court are to adhere to both Imperial law and, in cases of no conflict, provincial law”.

YOURS HUMBLY,

Sir Wilhelm Vyronov

High Justiciar of Haense

King’s Way 3, Reza

[[Flapman#1453]]

IN RESPONSE TO THE DEFENDANT’S MOTION TO DISMISS

TO THE CIRCUIT COURT,

The defendant party's presented arguments are deeply flawed and do not hold water. The prosecution will refute all of the presented arguments and asks the court to uphold the subpoena, so justice may be served.

I

The defendant party makes the erroneous claim that the accused is protected by volenti non fit injuria, this would be the case if the incident happened before the victim was defeated. Both the victim and the accused agreed to a duel to the yield. The victim was defeated and no longer able to fight, thus he had yielded. The attempt on the victim’s life was made after he yielded and is therefore not part of the duel the victim consented to.

II

Much like the first point, both the victim and the accused agreed to a duel to the yield. The attempt on the victim’s life took place outside the terms that were agreed upon by both parties and is thus outside the victim’s possible liability. This is assuming the court would even consider the pari delicto defense applicable on a legal duel.

III

The Haeseni Code of Law, Book of Crimes, VII.II, is applicable to the situation without the victim actually dying. As stated in the ORC 209.031, “Where an individual actively attempts, but fails to commit, a crime, the individual shall be held liable with a mitigated punishment according to the crime which was attempted.”, the accused may still be held liable for the attempted murder.

IV

It’s the opinion of the prosecution that there is no conflict between imperial and provincial law in regards to begging as it only applies to a consensual honor duel as described in Haeseni law. It has no implied application to ORC 202 or related acts as there is no mention of an honor duel in imperial law, therefore it is valid in a court of law.

YOURS HUMBLY,

Sir Wilhelm Vyronov

High Justiciar of Haense

King’s Way 3, Reza

[[Flapman#1453]]

 SUBPOENA

5th of Horen’s Calling, 1781

THE CROWN

OFFICE OF THE HIGH JUSTICIAR

SIR WILHELM VYRONOV

DESIRES TO SUMMON THE FOLLOWING PARTY BEFORE THE CIRCUIT;

STEFAN LUDOVAR @GhostSHTR

ON THE BASIS OF THE FOLLOWING PRINCIPLE(S), DOCTRINE(S), EDICT(S) OR ARTICLES OF LAW:

The Haeseni Code of Law, Book of Crimes:
VII.II.§. Two men shall be allowed to duel for honour, shall the loser beg for mercy the victor is to spare the man otherwise he shall be branded a murderer and brought to court for trial. However does he not beg he is free to take his life. The maximum punishment being death by breaking the law of mercy.

The Oren Revised Code:
209.031 - Where an individual actively attempts, but fails to commit, a crime, the individual shall be held liable with a mitigated punishment according to the crime which was attempted.

•  202.041 - Where an individual intentionally commits such an act of violence upon another which brings about their death, with no premeditation, this shall be a murder in the second degree, a felony.

202.022 - Where an individual intentionally commits upon another an unlawful act of violence which brings about lasting but not permanent injury, incapacitates for any length of time, or utilizes a dangerous weapon, this shall be battery of the second degree, a misdemeanor.

    On the 3rd of the Sun’s Smile, 1781, Sir Konrad Stafyr had his fatal heart attack during Duma. Isabel Baruch, nine years old, fled the Duma hall, shocked by what she saw. As she left, the accused called her and the rest of House Baruch cowards. After a heated exchange between the accused and Sigmar, the accused asked Sigmar to challenge him to a duel. Sigmar did, but stipulated that the duel would be to the yield, not to the death. The accused did not challenge this stipulation and instead remained silent. After the duel commenced, the accused was able to get the upper hand and knocked Sigmar to the ground. Before the now helpless Sigmar was able to say a word the accused plunged his sword into the defeated man’s chest. Sigmar miraculously survived after quick treatment, but was nevertheless seriously injured.

WITH THE PRESENCE OF THE FOLLOWING RELEVANT PARTY OR PARTIES:

Sir Sigmar Baruch, Witness @Drew2_dude

Josef Alimar, Witness @importanthippo

Viktor Kortrevich, Witness @Zanthuz

ON THE DESIRED DATE OF:

((To be arranged OOC))

YOURS HUMBLY,

Sir Wilhelm Vyronov

High Justiciar of Haense

King’s Way 3, Reza

[[Flapman#1453]]

Lerald welcomes Konrad into the seven skies. “Took you long enough...”

SUBPOENA

12^th of the First Seed, 1778

THE CROWN

OFFICE OF THE HIGH JUSTICIAR

SIR WILHELM VYRONOV

DESIRES TO SUMMON THE FOLLOWING PARTY BEFORE THE CIRCUIT;

SIEGMUND CORBISH @Nathan_Barnett36

ON THE BASIS OF THE FOLLOWING PRINCIPLE(S), DOCTRINE(S), EDICT(S) OR ARTICLES OF LAW:

202.011 - Where an individual intentionally makes an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another, this shall be assault, a misdemeanor.

202.062 - Where an individual intentionally abducts, restrains, or confines another individual against their will, and in the course of this brings about physical harm or endangerment of the victim, this shall be kidnapping in the first degree, a felony.

    On the 9th of the First Seed, 1778, the accused took the young Fiske Vanir, Margrave of Vasiland, who was nine years old at the time, into a secluded section of the tavern in New Reza. There he beat the child, resulting in a visibly bleeding nose. Upon hearing the screams of the child, HRA soldiers rushed to the scene and found the accused with the child in hand. When confronted by his actions the accused claimed that the child drew a sword on him and insulted the king. The soldiers claim they witnessed that the child’s sword was sheathed when they found the young margrave. The distressed and fearful child ran into the arms of one of the soldiers, cleary afraid of the accused. After being brought to the Lord Regent the accused kept up hostility and showed no signs of remorse.

WITH THE PRESENCE OF THE FOLLOWING RELEVANT PARTY OR PARTIES:

Manfred Barclay, Witness @Coolcod77

Fiske Vanir, Witness @Sander

Astoro Jovanosk, Witness @Drew_clone

Lamik Fillestar, Witness @novus

ON THE DESIRED DATE OF:

((To be arranged OOC))

YOURS HUMBLY,

Sir Wilhelm Vyronov

High Justiciar of Haense

King’s Way 3, Reza

[[Flapman#1453]]

Wilhelm squints his eyes in a futile attempt at reading Bucknoos

Zulom reads the Evardine paper with a smile. “It’s very good to see politicians openly discussing our rights.” He softly chuckles as he thinks about the two different wonks mentioned that were actually both him.

“Rubern delenda est.” whispers Wilhelm to himself

11 minutes ago, argonian said:

“Wonks are listed as Anuarians or something, I can’t remember what the term was. For further inquiries re: Wonk Emancipation; please contact the Barclay-Wentworth Foundation for Wonk Emancipation.” Conrad replies!

“I was unaware my race is listed as Anurians! Thank you for the correction!” croaks Toadicus

To the honorable members of the House of Commons,

Would a mindless beast be able to write a letter, let alone rationally argue a point? It is this question that I would ask you to consider as servants of the empire and its people. What is it that separates people from beasts? Some of you may answer intelligence or compassion, others might say honor. I say it might be the combination of all of these traits. 

I do not just ask this question out of simple curiosity. As a wonk I am not considered a person in this empire I live in and contribute to. The Imperial Personhood Act of 1754 gives personhood and its rights only to to members of the four primary Descendent races: Human, elf, dwarf and orc. Other intelligent races are given a different legal status according to the Paddington Act of 1756. Kharajyr, for example, are only considered to be “intelligent non-persons”, lacking several important rights that are enjoyed by those with full personhood. Non-persons may not vote in Imperial Senate Elections, hold government positions or freely acquire property. Even those paying taxes and actively contributing to the empire. What is even more disturbing is the inability of non-persons to defend themself in legal matters. They are required to have a legal guardian with full personhood, non-persons without connections to a legal guardian may be tried without being able to defend themself.

What was even more shocking to me is what I recently found while reading through the Oren Revised Code. As a wonk I am considered to be neither a person nor an “intelligent non-person”, there is no legal distinction between a wonk and an animal. This brings me back to the start of my letter: Would a mindless beast be able to write a letter, let alone rationally argue a point? Am I, despite paying taxes and contributing to the culture of the empire by working in Reza's museum, not a person? Am I not even considered to have any resemblance of intelligence? I humbly ask the honorable members of the House of Commons to contemplate these questions and to reconsider the legislation regarding personhood and non-persons. 

Yours truly,

Zulom Toadicus

Mister Toadicus commends Mister Stalistena for his incredible work, painstakingly visiting the many nations over the past years to collect valuable information and sometimes even being met with extreme hostilities and violence! “Mister Stalistena, if parties from opposite allignments both complain about the map being biased, that means you succeeded in creating an independent map!

Wilhelm clears his agenda to attend the retirement party.

Hey! Welcome to the server!

If you have any particular questions about humanity feel free to add me on discord, I’ll be glad to answer them.

Flapman#1453

Wilhelm raises his thumb in approval of this act

Wilhelm signs the lorraine cross for Jakob’s phallus

“What the actual ****" says Zulom Toadicus

Ruling of The Crown v. Dante

Reza, 8^th of Snow’s Maiden, 1766

Presiding Justice:

Wilhelm Wald, J.D. SSE

Prosecution:
Erwin Barclay

Defendant:
Dante

Witnesses: 

Aerielle Palmer

Reed

Charges:

Quote

204.01 - Treason and Sedition Act (1751) : On Treason
Where an individual commits acts with the intent to compromise the integrity of the Crown and its constituent institutions by waging insurrection and seeking the destruction of the Imperial State by impugning the character and person of the Crown through subversive means such as collusion with enemy entities and actors against the State. (Class I)
205.011 - Where an individual intentionally speaks sacrilegiously or in contrary to the teachings or dogma of God or the heavens, this shall be the crime of blasphemy in the second degree. (Class V)
206.031 - Where an individual intentionally acts in unusual or accepted standards, especially in social or political behavior, this shall be the crime of deviancy in the third degree. (Class E)
207.051 - Where an individual intentionally and deliberately hinders or interrupts the common peace by embellished performance or immoral behavior, this shall be the crime of disturbing the peace in the third degree. (Class E)
209.031 - Where an individual actively attempts, but fails to commit, a crime, the individual shall be held liable with a mitigated punishment according to the crime which was attempted. (Attempted crime was murder, 202.023 - Where an individual intentionally and with premeditation causes the death of another, this shall be murder of the first degree. (Class V))

Verdict:

The accused, Dante, is found guilty on the charges of blasphemy (205.011), attempted murder (209.031, 202.023), deviancy (206.031), and disturbing the peace (207.051), but found innocent on the charges of treason (204.01). The accused is sentenced to death by hanging.

Signed,

Wilhelm Wald, J.D. SSE

Ruling of The Crown v. Marianne, 1765

Reza, 19th of the Sun’s Smile

Presiding Justice:

Wilhelm Wald, J.D. SSE

Prosecution:
Demetrius Ruthern

Defendant:
Marianne
Humphrey, Defense Attorney

Witnesses: 

Tatyana vas Ruthern
Alexandria Karina Barbanov

Marianne

Natalya Eliza Halcourt

The presiding judge was unable to create a jury of peers due to the unknown origins of the accused and the lack of unbiased candidates, therefore the presiding judge took on the role of jury.

Charges:

Quote

 

202.013 - Where an individual intentionally commits upon another an act of violence which brings about permanent injury.

202.022 - Where an individual intentionally commits such an act of violence upon another which brings about their death, with no premeditation.

207.051 - Where an individual intentionally and deliberately hinders or interrupts the common peace by embellished performance or immoral behavior.

 

Verdict:

The accused, Marianne, is found guilty on the charges of assault (202.013) and disturbing the peace (207.051), but found innocent on the charges of manslaughter (202.022). The judge recognizes that were Marianne not a minor she would have been sentenced to death by hanging, but due to the fact that she is a minor and lacks proper parental guidance she will be sentenced to twelve years of designated service to the faith. If she attempts to avoid or escape this service she will be treated as an adult and hanged. The HRA is tasked with bringing Marianne to Bishop Anton Barclay.

Signed,

Wilhelm Wald, J.D. SSE

To Doctor Bram Vigillis,

I am suprised to recieve this letter after you did not talk to me when we met the other day.

You are granted three saint’s days to organize the defense and gather information, during this time we will also determine a date and time for the hearing.

Signed,

Wilhelm Wald, J.D. SSE

The case has been dropped due to the defendants apparent disappearance.

To anyone it may concern,

Prosecution and defendant have settled the matter privately. That means this case is closed.

Signed,

Wilhelm Wald, Judge of the Western Circuit