A/N: I liked this chapter a lot, because it goes further than the previous chapter, and everyone shows up in Washigton for the trial. I get to write a whole bunch of legal mumbo jumbo. The difference in this version is that Dewey shows up instead of Francis. I personally thought this was a very good chapter, but it did not fit in with the main story.





Chapter Twenty Two: Arguments and the Law

"Good Morning, Malcolm," Hermione said, frostily.

"Are you still mad at me about the house elf?" Malcolm said as he looked up from his breakfast. "I told you it wasn't my fault."

"We have nothing to talk about," Hermione said, as she walked past."

"What would you like me to do?" Malcolm yelled after her, "Do you want me to adopt him. Will that make you happy."

"I don't know why she's upset," Ginny said, "He looked cute in the picture they sent."

"Yeah," Malcolm admitted, "but things are getting weird at my house. According to my Mom, Francis taught the house elf to lie."

"Is Francis home, now," Neville asked.

"No, apparently he gave lessons over the phone. Mom's furious about the phone bill."

"Could we talk about something else other than Malcolm's house elf," EJ asked, "I hear this argument every morning."

"Well," Neville said, "Malcolm's house elf . . ."

"Please, Neville," EJ said, "I am getting tired of it."

Neville smirked and said, "I only wanted to point out that Malcolm's house elf just walked into the Hall."

Everyone turned to look at Dewey walking toward them, holding the house elf by the hand. Nob was wearing, his favorite blue shirt (ever since Francis said it used to be his), the Thomas the Tank Engine overalls, and bargain store sneakers. Except for the nose and the long pointed ears, he looked like any other short, ugly kid.

Dewey forced Nob into a chair and said, "Nob, that's Malcolm. Stay with him." He then walked off to the front of the Hall toward the teachers table. Malcolm absently noted that Professor Snape was reaching for his wand.

"Hi, I'm Malcolm," Malcolm said.

"Hi, I'm Nob," Nob said."

"Hello, Nob," a voice said suddenly from behind Malcolm, startling him, "I'm Hermione Granger. I'm a very close friend of Malcolm." Ignoring everyone's looks, she continued, "did I hear you say 'I'm Nob.'"

"No," Nob said carefully, "I said I was. Why would I call you by my name?" As Hermione stared at the elf while he turned to Malcolm and asked, "Is she one of those simple people that Reese told me about?"

"He uses proper grammar, Malcolm," Hermione said in surprise.

"Yeah, it seems Francis told him that talking the other way made him sound like a baby."

"Mommy says that I'm growing up," Nob said with a smile.

Everyone who was listening, turned to stare at Nob, half of them had their jaws open.

"Do you call Malcolm's Mom, Mommy now," Hermione asked first.

"Yes," Nob said proudly, "Mommy is making it so she will be my mommy too. I'm being `dopted."

"I hope you're happy now, Hermione," Malcolm said. Then he added, "I need to talk to someone. Where's Dewey?"

"He ditched me," Nob said, "Mommy said I have to stay with one of my brothers all the time, when I'm outside."

"That proves it," Ginny said, "You really are part of the family."

"Not for long," Dewey said, suddenly showing up with the Headmaster in tow.

"Another sad day, I am afraid to say," Dumbledore told the Gryffindors. "Malcolm, I would like to see you in my office, in an hour, to discuss this matter." He looked at the others at the table, who were looking expectantly at him, and said, "I'm sure Malcolm will tell you all about it, later."

"Let's go, Nob," Dewey said. Nob looked up, and sadly took his brother's hand. He waved goodbye and the two walked out of the hall.

*

Malcolm walked into the Great Hall for lunch, and was grabbed and forced into a chair. The ringleader, Hermione Granger, demanded to know what happened.

"It's like this," Malcolm said. "It turns out that Nob is only five years old. And my parents contacted social services, and applied for custody. Mom argued that he was a minor, and had to be treated as one. Well . . ." Malcolm paused and said, "look it's a really long story, but this is what it comes down to. Mom and Dad were given Nob. They freed him, then found out he was only five. They went weird and decided to adopt him. The Department of Magic stepped in, and they worked out a deal. My folks could raise him, but he'd be watched to see if he started acting strange or anything. It was supposed to be a social experiment."

"Then why is everyone so sad?" Hermione asked.

Malcolm looked at her and said, "If you hadn't interrupted to ask, I would have told you already."

"Sorry," Hermione said, "Then why is everyone so sad."

Malcolm rolled his eyes. "Some social worker said that Nob developed an aberration. He did something abnormal and now the Government is taking custody of him to see if they can get him back to normal. The Hearing is at this morning at ten."

"Wait a minute," Ginny said, "What did Nob do?"

"That's the funny part," Malcolm said, with a bitter laugh, "He ate some ice cream, and then he lied about it. Since house elves don't lie, there must be something wrong."

Malcolm picked up his plate and threw it against the wall. "It's not fair," He cried, "I have a brother for five minutes, and they take him away." He stormed out of the Great Hall.

"I didn't understand that at all," Hermione said.

"I did," Ginny admitted, and pushed her plate away. She was no longer hungry.

"How much time do we have?" EJ asked.

"What do you mean?" Neville asked.

"Until the hearing," EJ explained. "It half past noon our time. The Americans are from five to eight hours behind us. At the worst, we still have two an a half hours to come up with a solution."

"Why us?" Ginny asked.

"Because we're all Malcolm has," EJ said, "And we have the smartest student in the school on our team."

Everyone looked at Hermione. "Malcolm knows more than I do," She admitted.

"But you know better how to use it," Neville said, "The three of you get started, I'm going to find out how much time we have."

Hermione watched as Neville left to find Dumbledore. "I don't know where to start, " she said, then started laughing. "I'm sorry," she apologized, "but if anyone could teach a house elf to lie, it would be Malcolm's family."

Ginny and EJ laughed as well, then EJ asked, "Could we teach a house elf to lie? Then we could show them that it isn't that strange."

"We could try," Hermione said, but we only have a few hours, and Malcolm's family had over three months. But I think we're on the right track. We can try asking the house elves if they know of an cases of an elf lying. Although, you two had better ask them."

"They're mad at you because of S.P.E.W., aren't they?" Ginny asked, and she and EJ laughed as Hermione blushed.

"I'll wait here for Neville," Hermione said, "Oh, and be sure to talk to Dobby, I know he only started here, but he knows about the Malfoys as well. If any elf had cause to lie, it would be one working for them."

"How long has Dobby been working here," EJ asked, "You make it sound like he only started."

"Oh, he's been here since there beginning of the school year," Hermione said. "I meant that he was new, compared to the other house elves."

Ginny stopped and her eyes grew wide, "That's not true," she said, "Last year, Dobby was sneaking muffins out to Buckbeak the hippogryph, as a favor to Malcolm. That's why Hagrid was always complaining that Buckbeak wouldn't eat."

"But Dobby told Harry that he had started at the beginning of this school year. Ron and I were standing there when he said it," Hermione told her.

All three faces lit up in joy. Three voices, in unison, said, "Dobby lied."

"You are already late for classes," Dumbledore said, as he walked into the Great Hall, with Neville in tow. "I have some bad news for you, anyway. The hearing is taking place in the American Capitol. You would only have two hours, and you would still have to get there. Please forget this, and go to your classes. I will see that you are excused for your lateness."

"But Professor, we found the answer," Hermione said, "we know how to prove that Nob is normal."

Dumbledore smiled, and asked, "How?"

"We need Dobby," Ginny said, "We think we can prove that he lied."

"Do you see, Professor, Nob is free and he lied. Dobby is free and he also lied."

Albus cast a spell with his wand, and said, "Marvelous thinking Miss Granger. Something happening once is an aberration. If it happens twice, it is merely unusual."

"Dobby is here," Dobby said, "Dobby heard you call him."

"Thank you Dobby," Dumbledore said, "I need to ask you three questions, if you don't mind."

"Dobby will answer a thousand question," Dobby said happily.

"Very well, I must first ask you if you have ever lied about anything, or if you know of any house elf that has ever lied?"

"No, Professor Dumbledore Sir," Dobby said, "A house elf does not lie. A house elf can not lie."

"Thank you, Dobby. My second question is this. Do you remember when it was that you came to Hogwarts."

"Yes, Sir, Mr. Dumbledore, Sir. It was after Harry Potter tricked my master into freeing me."

"My last question is this," Albus said, pointing at Hermione, "when did you tell Miss Granger that you started working here?"

Dobby looked at Hermione, who had her arms crossed, and froze in his tracks. After a long silence, Hermione said, "We already know the answer to that question. Why don't you tell us why you lied, Dobby."

Dobby looked from face to face. A look from Dumbledore told him there was no use in running. Finally, he said, "Dobby was ashamed. Dobby is free. Dobby can do whatever he wants, and Dobby runs to friend Harry like he is still owned."

Albus pulled out his watch and said, "I'll start making the arrangements. It will be close, but I trust to all governments and I expect they will be late, as usual."

"May Dobby leave," Dobby asked.

"Dobby may leave but he must get ready for a trip," Albus said. "We have to travel to America. And don't worry, we will be coming back. Miss Granger, you will have to come as a witness to the incident, and I suppose we should include one other person for moral support."

*

"He's not here," EJ said, as they finished searching the entire tower.

"Check the owlery," Hermione said, "He usually goes there when he's upset. Hedwig is there. She'll help you find him."

"What should we tell him," Ginny asked.

"Tell him to be at Hogsmeade station in twenty minutes or we're leaving without him," Hermione said. She ran back to the Great Hall while the others ran off in the other direction.

"We couldn't find him," Hermione said as she caught her breath, "what happens if he can't make it."

"Then we go without him," Albus said, "We don't need him, but . . . I thought he would like to be there."

"He knows to meet us at the station,' Hermione said. Albus nodded and led her to the coach that was waiting. Dobby was waiting inside, dressed in his best clothes: Lederhosen with a hawaiian shirt, mismatched socks and the tea cozy hat. Except for the nose and long ears he looked like any other short, ugly tourist.

*

Lois was pacing the floor outside of the courtroom. Hal, normally unobtrusive at times like these, was on the verge of an outburst. Reese and Dewey were both quiet and well behaved, which should have made anyone suspicious.

Thirty minutes later than scheduled, the hearing started, and the family was ushered into the courtroom. As the judge called the court to order, the doors opened, and David Winter walked in with Albus Dumbledore, Dobby and Hermione Granger following. Lois looked surprised, then even more surprised when she heard Malcolm behind her, saying, "Hi Mom."

"Malcolm," she hissed, "what are you doing here. You're supposed to be in school."

"We came at the last minute, to save the day," Malcolm said.

"You're too early," Dewey said, trying not to look happy at his brother, "they just started."

"It's not my fault they started late," Malcolm whispered back.

They paused as the judge said, loudly, "all of the evidence has already been presented."

"This is ancillary evidence, your honor," the case worker said. "It relates, in general, to this case, and its purpose is strictly informative. Such evidence is permitted under Statute . . ."

"I know the Statute," the wizard Judge said, "present the evidence."

"This is a prior case, your honor. It has not been documented by the courts but all of the principles involved are present. In the previous year, and under similar circumstances, a house elf had been found lying."

"I recognize Professor Dumbledore," the Judge stated, "and his reputation does carry weight in this court. I will be very interested to here this evidence."

"Two years ago, in June," the case worker explained, "the house elf named Dobby was made free by his owner, and was immediately hired for wages at the Hogwarts School. Last fall, while being visited by friends, one of whom is Hermione Granger, who is present, another being one Harry Potter . . . "

The Judge banged his gavel, and said, "Mr. Potter is clearly not present, and to mention him is nothing more than name dropping. The clerk will remove that section from the court records. You may continue, and carefully, counselor."

"Yes, your honor. At this meeting, the elf Dobby did deliberately lie about his date of employment, and when questioned about it at a later date, admitted to being ashamed to have attached himself to the school of his rescuer, as he phrases it. I wish to note that the elf Dobby recognizes Mr. Harry Potter as his rescuer."

"The court will make note of this information," the judge said, "and you will now explain how it applies to the custody case before us."

"The simple of the matter is this, your honor. Both elves are not owned, and are free to do as they wish. Both exercised the right to lie. To consider lying to be divergent is not proper if it is consistent. To remove the child for this reason, and this is the reason specifically noted, would be unlawful. It may not be proper for a child to lie, but it should be expected, and not punished to a cruel and unusual extent."

"Are there any other comments," the judge asked.

"If I may comment," the government attorney asked. "We are not dealing, in this case, with an ordinary child. We are dealing with a house elf, who, though circumstances, has been permitted, as part of an experiment, to live with a human family as a member of the household. The difficulty with this case is that the house elf has failed to adapt properly to these conditions.

The fact that the elf in question resorted to lying for something as mundane as ice cream, shows that, left to himself, the house elf will take up the worst of the habits of his caretakers. The elf, Nob, three months ago a dutiful worker, has become a petty thief and a liar. This is what we wish to put an end to.

"I respect Professor Dumbledore as does everyone here, and I am saddened that he has the same problem, to a lesser degree. However, that does not mean we should permit an elf, even one as young as Nob, to degenerate until he becomes a danger to everyone. I should remind the court, that elves are, by nature, magical creatures. Without proper training and control, a rogue elf would be a danger to itself and others. We ask that he be removed not out of anger, but out of sympathy. It would be the best thing to do in the long run, for everyone involved."

The judge banged his gavel and said, "This court is adjourned. It will reconvene at 2:00 P.M., I will render my decision at that time."

*

The judge stood and looked over the courtroom. He remained standing while he spoke.

"Let me state, first of all, that this is not a trial. No crime has been committed, nor has anyone been accused of any wrongdoing. This is a hearing to determine the legal disposition of a minor placed in the care of this court.

"The arguments presented in this court have been many and varied, ranging from the purely emotional to the legally stringent. Most significantly has been raised the specter of slavery in these proceedings. Because of my racial background and my early years as a muggle in Georgia and Alabama, these arguments strike a violent cord within me, to the point where I have suggested to two of my colleagues that they review my decision to insure its fairness. They have done this and judged it fair and to the point.

"The question of the legality of owning a house elf is not one that is before this court. It will not be decided by this court, or considered in this court. The next question raised is the propriety of having an elf child raised by human parents. This is also not a matter for this court. The Department of Magic has authorized what is termed a social experiment, to determine if there has been an error in judgement as to the nature and capabilities of elves. I can only consider this question in view of its failure. The evidence is this hinged on the fact that the elf in question did lie. Evidence was presented that elves can and do lie, therefore that an elf does so cannot be considered against its nature. I have interviewed the witnesses in chambers and determined that they are correct in this. This court has no evidence that this experiment has failed.

"The proper question before this court is the placement of the minor child known as Nob. I took the liberty, to which I am entitled, to speak to the child privately. Based on that discussion, I contacted the one family member who is not present, and verified several points. This conversation was recorded and transcribed and is now part of the official record.

"When a child lies, he or she lies for a reason, and that reason is always to get something he or she wants. Nob did not lie to get ice cream, or to hide the fact that he took some ice cream. He was told that he was practically part of the family he was staying with. Then he was told that all he had to do was to lie. He misunderstood the context of the statement, and so he lied because it would get him something he wanted.

"It is the ruling of this court that the child Nob shall be returned to his foster parents with the understanding that they will pursue the legal question of his permanent placement. From the loud noises coming from the visitors section I will assume that the foster parents agree.

"Furthermore, no action may be taken to hinder this action without the approval of this or a superior court. This court stands adjourned.

*

"Malcolm, how are you doing?" Draco asked. "I saw you flip out during lunch, then you disappeared for two days."

"I'm fine. I have a new brother," Malcolm said in a melancholy voice

"I heard. Ginny told me what happened. We happened to meet . . . in a quiet place. I wanted to make sure you were fine."

"Thanks for checking on me."

"You're my friend, Malcolm. I care about what happens to you."

"Right," Malcolm said.

"Malcolm a good thing happened to you. Cherish it."

"You don't understand, Draco," Malcolm said angrily. "All somebody has to do is say, this isn't worth it, and Nob is gone, just like that. And it could happen anytime. How can you tell me to cherish something like that?"

Draco withheld his surprise at the strong comments, and said, softly, "You cried when I could not shed a tear."