Chapter 10

Draco woke slowly and realized he wasn't alone in his cell. A cloaked figure stood over his cot accompanied by his guard. They were talking quietly to one another, but they stopped when they realized he was awake.

"Is there something you gentlemen wanted?" He croaked. He tried to clear his throat, but his chest burned with the effort and he wound up coughing.

"Mr. Malfoy," the guard told him, "The prison healer wants to give you another dose of lung potion."

"Ugh, I hate that stuff." Draco slowly sat up and drained the goblet offered to him and promptly choked on the foul liquid.

"That's the ticket," the guard said. "We'll come and get you in the morning. Big day tomorrow."

Draco nodded and laid back down on the cot. He pulled the thin blanket up as far as he could and rolled over onto his side. The healer nodded to the guard, and they left the cell together. Draco watched the door close on the pair just as it had been doing every day for over a week now.

If pneumonia doesn't kill me, that ruddy potion would surely do the trick, Draco thought to himself.

Looking back, choosing to stay in his cell all the time had been a bad idea. It was too cold and always just a little too damp. With no way to move around much in the limited space, Draco had taken to spending most days lying on his cot and feeling sorry for himself. It hadn't taken long for the ever-present chill to take over his body and cause serious illness.

He wondered how Cousin Sirius had had the strength to escape after 13 years. Obviously a life sentence in Azkaban was a subjective term. Six more months in here and Sirius' cousin Draco would be carried out in a box.

He got his mind off his burning chest by thinking about the hearing. He had no idea what to expect. What charges would be brought against him? Would anyone be there to support him? He wouldn't blame anyone if they didn't show up. What had he ever done in his miserable life to merit anyone's help?

Stop that this instant! he could hear Hermione's voice say inside his head. Stop putting yourself down and concentrate on coming back to me!

Great. Now he was hallucinating. Must be the fever.

A deep cough tore through his chest and left him gasping.

There was one good thing about this hearing tomorrow. Draco would leave Azkaban, even if was only for a short while. No matter where in the Ministry his hearing would be, it had to be warmer than here.

Hermione waited nervously for Lupin and Mr. Weasley to come collect her to go to the Ministry. Mrs. Weasley had come to the table several times to offer her food, but she had no appetite. It seemed like time had come to an absolute standstill.

She had changed her shirt three different times while getting ready. She finally had settled for her blue sweater because it was Draco's favorite. Her hat and gloves were sitting on the chair beside her waiting for her to grab them and go.

"Hermione, Dear," Mrs. Weasley came over and said, "have you seen Ron anywhere? I need him and Ginny to de-gnome the garden again."

"Um, no...no I haven't," Hermione told her. As a matter of fact, Ron had left shortly after his father announced Draco's hearing two nights ago. She hadn't talked to him since. Wherever he was hiding, he obviously didn't want to be found.

"Me either," said Harry while bounding down the steps. He kissed Mrs. Weasley on the cheek and grabbed a roll out of a basket on the counter. He poured a cup of pumpkin juice and sat down beside Hermione.

"Where do you think he's gone?" Hermione asked him.

Harry spoke with his mouth full. "Dunno."

"I'll check the attic," Mrs. Weasley said. "I bet he's up there with that ghoul again." She climbed the stairs, calling for Ron as she went. Hermione glanced over at Harry who shrugged.

Just then Mr. Weasley came through the back door. "Ready Hermione? Harry?"

Hermione turned toward Harry with a shocked expression. "You're coming?'

"Yeah, I asked to come."

"I'm glad," Hermione said. She grabbed her hat and gloves and followed him and Mr. Weasley back out the door.

When Hermione got off the lift at the Ministry of Magic, she almost stepped back on. She was staring at the very hallway they had run down in 5th year to go with Harry to rescue Sirius. She felt slightly relieved when they veered off to the left and went down a flight of steps. She had no desire to revisit the Department of Mysteries. Once was more than enough.

She had heard about Courtroom 10 from Harry, but it still had not prepared her for the vastness of the huge circular room where the hearing was to be held. Stone benches completely wrapped around the walls. There was a large podium at the other end of the circle where members of the Wizengamot were already seated. A lone wooden chair was in the center of the room with iron chains hanging off of the arms. Aurors stood on either side of it.

Hermione followed closely behind Mr. Weasley and Harry as they filed around the back of the room. They climbed up the steps and took seats just to the right of the Ministry officials. Harry squeezed Hermione's hand briefly as she sat down. As she glanced at him questioningly, he nodded to the wooden chair. Her breath caught in her chest.

Draco was sitting there.

He was horribly thin, and there were dark shadows under his eyes. He seemed to be struggling to breathe and trying very hard not to cough. His chest was rising and falling rapidly. He kept his eyes on his robes and did not look up.

Tears started to pour down Hermione's face as she took in his appearance. She wanted to go to him right then. She hadn't realized she had risen from her seat until Harry put his hand on her arm and shook his head. She quickly sat back down and gave a small sob.

Draco's head snapped up. His gaze hungrily took in each face around the room until he found the one he sought. His pale lips mouthed a single word.

Hermione.

Their eyes met, and Draco gave her a ghost of his old smirk. Hermione smiled through her tears. Draco frowned and shook his head at her slowly.

Don't cry.

"Okay, I think it's about time to get started here," said Rufus Scrimgeour. Hermione's attention was drawn immediately back to the Wizengamot. Draco also sat a little straighter in the wooden chair as the Minister of Magic ruffled through his parchment.

"This is the hearing of Mr. Draco Malfoy. The charges are as follows: Mr. Malfoy knowingly and voluntarily joined He-Who-Must-Not-Be-Named and carries a Dark Mark as proof of that allegiance. Also, Mr. Malfoy knowingly committed conspiracy to murder that almost took the life of Hogwarts student Katie Bell..."

Damn, didn't think they knew about that one, Draco thought.

"Thirdly, Mr. Malfoy was directly involved in the murder of Hogwarts Headmaster, Albus Dumbledore."

That's it. I'm done for.

Hermione involuntarily gasped. It wasn't starting out very well. Harry grasped her hand and squeezed it reassuringly.

Scrimgeour cleared his throat and continued. "Mr. Malfoy, do you understand the charges against you?"

"Yes," Draco croaked and let out a deep cough. Hermione was alarmed at how bad he sounded.

"Please bring forth the Ministry's first witness."

Two aurors came into the room leading a squirming prisoner. When they stopped at the front of the Wizengamot, Draco almost groaned aloud. Now he knew where the Minister had gotten his information.

"Bellatrix Lestrange," Scrimgeour said, "You do realize that your testimony here today does not necessarily lessen your prison sentence, do you not?"

"Yes, Minister," Bellatrix said silkily.

"And do you give your information willingly?"

"Yes, Minister," She repeated. "I can no longer stay silent for my nephew, the blood traitor."

"Very well. Please tell the Wizengamot what you know to be true."

Bellatrix cackled madly. "Draco was given the task of murdering Albus Dumbledore by the Dark Lord. I helped Draco obtain the cursed necklace from Borgin, and he had it sent to Hogwarts to Dumbledore. But my nephew was sloppy in his planning and almost killed the young Gryffindor instead."

"Interesting," said Scrimgeour. "Mr. Malfoy, do you deny her allegations?"

Draco barely glanced at his aunt. "No, I don't deny it."

"Please note that Mr. Malfoy does not deny that he purchased a cursed necklace with the intent to use it to kill Albus Dumbledore. Now, Mrs. Lestrange, what can you tell us about the night Dumbledore was murdered?"

"The Carrows tell me that they were on the tower with Draco and Dumbledore the night he died."

"Did you see this yourself?"

"No, Minister, I did not."

"Mr. Malfoy, were you present the night the Headmaster was killed?"

"Yes, but I didn't..."

"Did you go up to the tower with the intent on killing Dumbledore?"

Draco looked at the floor. "Yes."

"Please note that Mr. Malfoy admits that he went to the top of the tower with the intent on killing Albus Dumbledore. Thank you, Mrs. Lestrange. You have been most cooperative." Scrimgeour motioned to the aurors, and they led Bellatrix back out of the room, struggling once more as she went.

Hermione glanced over at Harry, and his mouth was set in a grim line. Things weren't going well at all. Draco seemed to realize this as well. He had slumped back down in his chair and continued to look down.

"Now, who would like to speak in defense of Mr. Draco Malfoy?"

Mr. Weasley stood up and raised his hand. "Minister, Arthur Weasley, if you please sir. I would like to say that even though Draco became a Death Eater, he did turn from that path and help the Order of the Phoenix. Also, I know for certain that Draco did not kill Albus Dumbledore."

Scrimgeour frowned. "How do you know this Arthur?"

"Sir, I learned from Severus Snape that he was asked to kill Professor Dumbledore by the Headmaster himself. Snape acted on Dumbledore's wishes, not Draco's plan."

"Were you at the top of the tower that night?"

"No Sir," Arthur shook his head, "I was not."

"Very well," the Minister said. "Arthur, for the record, were you or were you not reprimanded five years ago for illegally bewitching a Muggle car?"

"Yes, but what does that..."

Scrimgeour cut him off. "Thank you Arthur. Is there anyone else who would like to speak?"

Hermione's heart sank. The Minister had intentionally discredited Mr. Weasley for trying to speak for Draco. He obviously wanted to make an example of Draco no matter what.

"I would like to speak." Professor Lupin called from the back of the room. He had been standing near the door. He walked up closer to the chair in the middle and stopped.

"Yes?"

"Remus J. Lupin, Minister," Lupin told him. "I was present when Draco gave inside information about

what He-Who-Must-Not-Be-Named was planning. I myself heard him giving up the details for a Muggle attack. He has turned from being a Death Eater."

"Thank you, Mr. Lupin," Scrimgeour said. "Please note that Remus J. Lupin is a known werewolf."

Harry groaned. Several of the Wizengamot had gasped. Lupin shook his head sadly, turned, and left the courtroom with his head held high. Hermione could feel the tears building up again.

Scrimgeour cleared his throat. "Is there anyone else?"

Hermione stood. Harry stood alongside her. She looked at him, confused, but he shook his head again at her.

"I want to say something," Harry said.

The Minister looked taken aback for a moment. "Yes, Mr. Potter?"

"Yes, Harry Potter, Minister," Harry said loudly. "Draco Malfoy informed me personally that an attack was being planned on my best friend here, Hermione Granger. She would be dead now if it weren't for him. He is no more a Death Eater now than I am." He glared at the Minister challengingly as if daring Scrimgeour to do his worst. Hermione just nodded furiously.

"Very well, then, Mr. Potter," Scrimgeour said grudgingly. "Is that everyone who will speak in his defense?"

"There is one more," Lupin called from the doorway.

Once again, a pair of aurors brought someone in and up to the Wizengamot. Hermione made another involuntary sound. Draco raised his head then and was shocked to see his father standing there.

"What is the meaning of this?" Scrimgeour roared.

"Lucius Malfoy, Minister," Draco's father said. "When I found out Bella was brought forth to speak I asked that I also be allowed to speak for the defense as I have crucial information."

"What could you possibly add, Mr. Malfoy?"

"You have to let my son go, Minister. None of this is his fault."

Scrimgeour laughed sarcastically. "And how do you come to that conclusion?"

"Draco is innocent of all charges, Minister. Draco was under the Imperius Curse when he joined the Dark Lord and took the Mark. He had been under the Imperius Curse up until Dumbledore was killed."

Draco's eyes grew wide. Low whispering broke out over the Wizengamot. Scrimgeour tapped his wand loudly on the wooden podium but to no avail.

"Who put him under the curse?" Scrimgeour asked, his voice rising now.

"The Carrows took turns making sure he stayed under."

"How do you know this?"

"It was I who ordered them to do it. I thought that I could gain favor again with the Dark Lord through my son being in his service."

The Minister was stunned. "Very well," he said. The aurors turned and took Lucius back out. As he passed Draco's chair, Lucius seemed to be pleading for forgiveness with his eyes. Draco was too shocked to acknowledge him.

A small witch toward the back of the Wizengamot stood. "All those in favor of dismissing the charges against Draco Malfoy, please signify by raising your right hand." A very large percentage of the group raised their hands. Hermione held her breath excitedly. "Opposed?" Very few hands went up.

Rufus Scrimgeour sighed in defeat. "Mr. Malfoy, you are free to go."

Draco stood up smiling, and then another cough ripped from his chest. Just as Hermione reached him, he collapsed.