"Your Honor," said Cole, "the defense moves for an immediate dismissal of all charges. Based on the testimony of the Vengeance Demon we submit that she acted precipitously and with undue haste. Since Ellen Gordon recanted her desire that her father was dead the wish she made must be construed as not being a legitimate wish."
"Also as testified by the Vengeance Demon," said Proctor, "the Vengeance Demons' superiors considered the wish legitimate."
"Except that demonic law overrides the rules and regulations of any demonic department," said Cole. "Just as in the mortal realm where state law overrides city ordinance. Demonic law states that wishes can only be granted with the expressed permission of a competent, cognizant mortal. Otherwise anyone who makes a wish would be subject to having that wish granted even if the person were clinical insane."
"And the person in question is a competent, cognizant mortal," said Proctor.
"She's eight-years-old," said Cole. "Mortals at that age are given to fits of irrationality. They constantly say things that any reasonable person would consider to be absurd. It's one of the reasons that mortal children even at that age need constant supervision. The fact that she recanted her wish shows that she realized it was an irrational desire. Made in the heat of anger."
"I will remind my learned opponent," said Proctor, "that we have no direct evidence that Ellen Gordon recanted her wish. We have only the word of the Vengeance Demon who may have misinterpreted the girls' state of mind."
"So you're saying," said Cole, "that the Vengeance Demon simply misread Ellen's desire to recant the wish?"
"Precisely," Proctor said.
"In which case I would submit that Iltaka may have misinterpreted Ellen's initial desire that her father was dead," said Cole.
"Iltaka is an experienced Vengeance Demon with a distinguished eight-
hundred-year career of granting women wishes to punish their mates," said
Proctor. "I seriously doubt she would have 'misinterpreted' a females desire to
punish someone."
"So she accurately read Ellen's desire that her father would die," asked Cole, "but misread her desire to recant that wish? That doesn't sound like the efficient Vengeance Demon you just described, counselor."
"Gentlemen, please," said Conciliator, "address your comments to the court, not each other."
"My apologies, Your Honor," said Cole. "The prosecution would have us believe that Iltaka is perfectly competent to read a woman's desire but not be able to read a change in that desire. The Vengeance Demon cannot be both an extremely competent demon and an incompetent demon incapable of distinguishing between a genuine wish and a fit of anger."
"Mr. Proctor," said the judge. "Counsel for the defense has a point. Get off the fence, Mr. Prosecutor. You have to decide which your witness is."
"Well, Your Honor," said Proctor, glancing at Cole, "the prosecution contends that the Vengeance Demon is a competent demon in her field. But that does not negate the fact that we have no direct evidence that Ellen Gordon actually recanted her wish."
"Then I will simply recall Miss Gordon to the stand and ask her," said Cole. "That will clear up the matter quite nicely."
"Your Honor," said Proctor, "I think it would be a great dishonor to subject this court to any further goodness this child represents. As Your Honor himself witnessed, many of the spectators became physically ill when the child initially entered the courtroom. We shouldn't have to be subjected to such an outburst again."
"Which, I'm sure Your Honor is aware," said Cole, "cannot be a deciding factor during this hearing. We are not here for the convenience or comfort of any spectators that may voluntarily choose to witness these proceedings. We're here to make a determination whether the wish granted was a legitimate wish."
"He's right, Mr. Proctor," said the judge. "As distasteful as it may be he does have the right to recall Ms. Gordon if he chooses."
"Your Honor," said Proctor, "Miss Gordon is a young, human child. As Belthazor said to her this must be very overwhelming to her. I would submit that it is confusing for many adults. It must be even more so for a young child. I'm not sure her testimony could be considered valid. I'm sure her memories of the event are quite jumbled and she simply would not be a credible witness considering the remorse that many humans feel even for events they have no control over."
"Is the prosecution suggesting," Cole asked, "that the girl was competent to make the wish but is now not competent to discuss whether she recanted on that wish? Your Honor, I believe we've all ready addressed this issue with reference to the Vengeance Demon. It would be like calling an expert witness then claiming that witness is not competent to testify. The witness is either competent or she isn't. The prosecution can't have it both ways."
"He's right, Mr. Proctor," said the judge. "Which is it? Is the witness competent or is she not competent?"
"Considering the child's age," said the prosecutor reluctantly, "I would have to say that her testimony would be considered less than credible at best."
"In which case, Your Honor," said Cole, "I would move that her entire testimony be stricken from the record. If she is not a credible witness, as the prosecution has just stipulated to, Your Honor cannot give any authority to her testimony."
"The entire testimony is ordered stricken from the record," said the judge.
"I would, therefore, again move that all charges against the defendant be dismissed," said Cole. "The prosecutions' entire case is left hanging on the testimony of the Vengeance Demon in question. Testimony that admits that Miss Gordon actually recanted her desire that her father was dead. A fact that Iltaka has admitted invalidates any wish the girl made in the first place. Despite whatever other evidence the prosecution has presented or may try to present in the future, Iltakas' own testimony shows that it was not a valid wish and should never have been granted in the first place."
Cole waited for the judges ruling. This would determine if he had been able to overcome the natural prejudice that most demons held against humans. A prejudice the judge himself held since he was a demon himself. He knew that demonic judges were predisposed toward conviction of mortals that came into their court even before a case had begun regardless of the charges against them. Changing a judges' mind was not an easy task. Cole waited to see if he had been able to do just that.