Chapter 2 The Trial
Harry was quite nervous about meeting with Mr. Fudge. He was not looking forward to a lecture about the valuable prophecies that were destroyed in the battle. If he was fined for property damages, there probably wouldn't be enough gold left in his vault in Gringott's Goblin Bank to buy next year's school books. Neville was being very quiet. Hermione was unable to stifle a yawn. It didn't surprise Harry a bit when Mr. Fudge called for him to enter first, but it was a surprise that he seemed very cordial and friendly.
"Harry, come in and have a seat," invited Mr. Fudge kindly. "I spoke to Miss Granger last week. I'm issuing a decree this afternoon, and I thought you might want to see it in advance."
Mr. Fudge handed Harry an official looking document. It was a posthumous pardon for Sirius Black, and an official apology for his wrongful imprisonment.
"Fourteen years ago, all of the evidence indicated that Black was guilty," stated Mr. Fudge. "But unfortunately of course, things are not always as they seem to be. We made a mistake regarding Mr. Black. I deeply regret that this pardon and apology must be granted posthumously. You will be seeing wanted posters of Peter Pettigrew out soon."
Harry said nothing. He didn't feel like being thankful, but he had enough self control that he did not shout angrily at the Minister of Magic as he was trying to apologize.
"Harry, I owe you an apology too," he admitted. "I just could not believe that you-know-who was back when you told us that graveyard story last year. I didn't want to believe you, it was just too horrible. You don't understand what it was like when he was at the height of his power. The wizard community was divided and we were fighting among ourselves. Witches and wizards were dying and lots of Muggles were getting hurt too. You-know-who was using that seductive, evil, old argument. Take over. Enslave the Muggles. It would destroy our society as surely as it would destroy theirs, but it appeals to some. Governing wizards has always been difficult. On that Halloween night fourteen and a half years ago, when You-know-who disappeared, it was like a beautiful dawn after a horrible night of storms. It was a chance to rebuild our community. You-know-who had tricked many good people into following him."
Harry wondered why any good people would have followed a maniac who wanted to enslave the world. Then Harry realized that Mr. Fudge was talking about people like Lucius Malfoy, and Mr. Crabbe and Mr. Goyle. Mr. Fudge was no Death Eater, but he was a Slytherin and a friend to Slytherins.
"As Minister of Magic, it has always been my goal to bring about reconciliation within our community," Fudge continued. "The worst of the Death Eaters, like the Lestranges and Dolohov, were sent to Azkaban. Others were let off easy and allowed to plead that they had been under the imperious curse when no one seriously believed that. We hoped that the ones we let off the hook could be reformed and that the fear of Azkaban would keep them in line."
"When you announced that you-know-who had returned, and that all of his old followers had rejoined him, it threatened to destroy everything that I had worked for," said Fudge with a sigh. "But the worst has indeed happened. The evidence is now convincing. I didn't want to accept it, but I must."
"Harry, as long as I am Minister of Magic, I will devote myself to waging the war against You-know-who. Will you accept my apology?" he concluded.
Harry was not sure what to do. He was still angry at Fudge. Where was this pardon a year ago when Sirius was still alive? But Mr. Fudge seemed to be sincere. He was smiling and holding out his hand.
"All right," said Harry slowly as he took Fudge's hand, "What's next?"
"That's the spirit we need in our community right now, Harry!" beamed Fudge. "This afternoon I want you to testify in the trial of Jurgson and Dolohov. They are being charged with attempting to murder Miss Granger. The trial will focus only on the actions of these two men and the spells they cast in her direction. Questions about why you children or those men were in a restricted area are not relevant to the case and will not be discussed. I just want you to tell the truth about what happened in those few minutes when Jurgson and Dolohov were casting spells at Miss Granger. Can you do it, Harry?"
"Yes, I think so," said Harry simply.
"Excellent," said Fudge. "Now please tell me everything that happened between the time that you, Miss Granger and Mr. Longbottom left the Hall of Prophecies, and the time Miss Granger was injured."
So Harry told Mr. Fudge as many details as he could remember about that part of the fight in the Department of Mysteries. When he was finished, Fudge told him that his story matched very well with what Neville and Hermione had told him a few days earlier.
Fudge escorted Harry back to the waiting room and then he took Hermione into his office. Harry sat down next to Neville and after a minute they began to talk about Neville's summer plans, which to Harry seemed a lot more interesting than laying flagstone footpaths without magic. Hermione was in Fudge's office for only a few minutes. Then Neville was called in. Mr. Fudge talked to Neville for much longer than he had talked to Hermione, even longer than he had talked to Harry.
Hermione seemed to be in a quiet mood, which Harry thought was rather strange for her. He was disturbed by what she had said in the car. He wondered why her parents were changing cars, offices and driving routes so often. She had mentioned Tonks. He was very curious about what was going on at her house.
"So Hermione," Harry began tentatively, "you mentioned Tonks when we were in the car. Is she staying at your house?"
"Yes, she's been there for a week now," Hermione answered in a whisper.
"Why are you being so quiet?" asked Harry.
"Because I don't know who else is listening to us," she answered seriously.
This thought made Harry pause. He looked all around the waiting room.
"Hermione, I think Fudge is on our side now. He's trying to save his job. We can probably talk. The Ministry must have security here," he said quietly but optimistically. "We can't be scared all of the time," he said firmly, but he was thinking about how he grabbed for his wand every time a rabbit shook the bushes.
"Dad wants me to be able to stay at home this summer. He's taken all sorts of security precautions. We've got two dogs now, Dobermans. He's installed a bunch of alarms and hidden doors and mirrors," she said haltingly. "Yesterday we went to the police firing range. One of dad's old friends from the Marines arranged it. We shot guns," she said trembling. "Dad's a crack shot, he used to teach marksmanship, and mom's getting pretty good too. Uncle Jason arrived yesterday, he took a furlough. He's a paratrooper. He has a machine gun." She began to cry. "And … and…. grenades. They don't understand. They don't know what we're up against."
Harry put his arm around her shoulders. "Your family sounds very brave," he said. "And they're not helpless. Wizards can be killed by bullets."
"Wizards who are forgetful enough to go into battle without an imperturbable charm can be killed with bullets," she replied, "but what about the Dementors?"
Harry was silenced by this.
"I just don't know what Dumbledore has in mind," she said, "and I don't want to go back to Grimmauld place. It was miserable last summer. When you first saw the house we had been cleaning it for weeks. We had no privacy. We couldn't go outside. We couldn't go to their meetings. When I heard that they were guarding your house, I volunteered to help. They wouldn't let me." She was crying again. "I just wanted to see you."
Harry started to pat her on the back, felt her wand and moved his hand away.
"I'm sorry," she said straightening up, "I'll try to be brave."
"This war won't last forever, we'll make it through somehow," Harry said bravely.
And when it's over, he thought, I'll either be dead or a killer or maybe both.
Neville finally came out of Mr. Fudge's office, and the three of them went down to the cafeteria to get some lunch. Harry had dashed out of the house so fast that he had forgotten to grab any money and he had to borrow a few sickles from Neville. Hermione ate very little, just some soup. She said she had a "nervous stomach".
After lunch they found a lounge where they could wait until the trial started. Percy came in and took Neville away, leaving Harry and Hermione alone to talk again. They weren’t supposed to talk about the trial. Harry exhausted the subject of landscaping in about ten seconds. Hermione didn't want to talk about her fears or her family. Their conversation just didn't last very long. So they sat in silence next to each other on a sofa.
"Harry, I'm really tired," said Hermione "I was up until four in the morning. I was supposed to wake up Tonks at one, but she had had a rough day, so I decided to let her sleep until two. Then I drank too much tea and couldn't settle down, so I let her sleep until four. Is it alright if I take a nap?" she asked.
Harry didn't mind, he had nothing to talk about. She had a hard time getting comfortable, her wand jabbed her in the back when she slouched. So she ended up leaning on Harry's left shoulder. She fell into a deep sleep and seemed to be in danger of toppling over so Harry reached around with his right arm to hold her steady.
Harry had nothing to do but think and that was something he had been trying to avoid lately. Thinking always led to the same thing. Sirius fell through the veil. Hermione was nearly killed. Ron, Neville and Jenny were injured. Luna was knocked out cold. And it was all his fault.
He thought about the letters Hermione that had sent him last week. She had written about grief. She had told him that her grandparents had died just a few months before she started school at Hogwarts. It had been five years since her grandparents had died and she still missed them horribly. She said his grief over Sirius would never fully go away.
She thought it was a tragedy that Sirius had died when he did. The Ministry of Magic had finally accepted that Lord Voldermort had returned. Sirius could have cleared his name and would have been free to rejoin society. She said that the sharing of grief with family and friends made it easier to bear. She told him that he needed to hold on to the hope that he would see Sirius and all of his loved ones again some day in Heaven. It had helped.
Harry liked the feel of her leaning against him.
It was almost time for the trial to begin. Harry began to move a little bit. Hermione trembled a little and rubbed her eyes as she woke up. Harry heard a familiar clicking noise and then he saw Bozo, Rita Skeeter's cameraman.
"Thanks Harry," said Hermione. "I needed that nap."
Fifty witches and wizards in purple robes sat all around them in the elevated seats of the old court room. Two men in heavy chains sat in chairs in the center of the room, just where Harry had been last August. Harry sat with the witnesses in a row of seven chairs off to one side of the court room. Neville sat on Harry's right and Hermione on his left. Down the row of witnesses he recognized Mr. Ollivander, Kingsley Shacklebolt, a wizard he did not know and Madam Pomfrey. Harry scanned the courtroom and caught sight of Dumbledore sitting back towards the rear.
"The Trial of John Jurgson and Antonin Dolohov, on the ninth of July," read Percy, "Presiding Judge, Amelia Bones, Prosecutor, Cornelius Fudge, Court Scribe, Percy Weasley."
Madam Bones pounded her gavel and said, "Court is in Session. I remind all participants in this trial that we are focusing on the specific charges against the defendants. The trespass of children into a restricted area of the Ministry of Magic has been dealt with in a juvenile hearing and is not relevant to this case. The trespass of the defendants into the restricted area is also beyond the focus of this trial. Mr. Jurgson and Mr. Dolohov, you are accused of attempting to murder Miss Hermione Granger. How do you plead?"
The defendants were supposed to answer either "guilty" or "not guilty", but they said neither. Dolohov stood up and shouted, "This court is out of order. You have no right to try us. The Dark Lord is the One True Leader of all wizards. We do not recognize the authority of the Ministry of Magic." Then he sat down.
A murmur went through the crowd. Madam Bones pounded her gavel again.
"Let the record show that the court enters a plea of "not guilty" on the behalf of the defendants," said the judge. "You may begin to present the state's case, Mr. Fudge."
"Thank you, Madam Bones," said Fudge. "The state calls as the first witness Mr. Neville Longbottom."
Neville moved to the witness stand and was sworn in. Under the guidance of Fudge's questions Neville described in great detail how the three of them had hidden from the Death Eaters and what happened when two of the dark wizards came after them. He described how he had watched as Hermione crawled out from under a desk and one of the wizards had aimed his wand at her.
"Did you hear all or part of the incantation that the wizard said as he aimed his wand at Miss Granger?" asked Fudge.
"He said "Avada –-" answered Neville.
"Tell us what happened then, please," said Fudge.
"Harry tackled the wizard around his knees," replied Neville. “As the wizard fell, I saw a flash of green light shoot towards Hermione, but it missed her."
Neville then went on to describe the mad scramble that ended with the Death Eater falling into the strange bell shaped jar and coming out with the head of a baby. Then he described how they ran into an office, pursued by two Death Eaters who stunned them all with an impedimenta hex. He told them how Hermione was knocked down by a bunch of falling books but had managed to cast a silencing charm on one of the Death Eaters. He described the slashing movement the Death Eater had made with his wand and the purple flame that hit Hermione. He finished by describing how Harry had managed to petrify the Death Eater and how he had found a weak pulse in Hermione's wrist.
"Can you identify the wizard that cast the spell that downed Miss Granger?" asked Fudge.
Neville pointed to Antonin Dolohov.
Harry was on the witness stand for a very short time, he mostly just confirmed the story that Neville had told.
Hermione was asked to describe what she felt when the purple flame hit her. She told them she had felt an excruciating pain like a wild animal clawing at her insides, trying to get out. Fudge had her stand up and point to the parts of her body where the pain had been most intense. Then he asked her about her treatment in the hospital. It seemed important for him to establish that she had been unable to eat for more than a week. That Madam Pomfrey had resorted to inserting an IV line in her arm like a Muggle doctor. That she had to take ten different potions when she was able to swallow them. And that she still would get an upset stomach when eating certain foods.
Mr. Ollivander definitively linked two confiscated wands to Jurgson and Dolohov.
Kingsley Shacklebolt described the official investigation, including the use of prior incanto to determine that Jurgson's wand had been used to cast the death spell avada kedavra. And he testified that Dolohov's wand had been used to cast the entrail expelling curse.
The wizard Harry did not know turned out to be a healer from St. Mungo's Hospital. He described the entrail expelling curse in bloody graphic detail. It turns out that there really is a medical use for such a curse, in cases of acute poisoning. However it is difficult to keep the patient alive long enough to get his guts cleaned out and replaced. It was clear that Dolohov not only meant to murder Hermione, but to do so in a horrifying way that would frighten Harry.
Madam Pomfrey described Hermione's treatment as a way of confirming that she had indeed been the victim of a blunted entrail expelling curse.
Cornelius Fudge wrapped up the case for the prosecution and Madam Bones called on the defendants to present their case.
Antonin Dolohov took the floor for their defense but he did not call any of the witnesses for cross examination. He did not call any witnesses at all. He just started ranting and shouting at the judges of the Wizengamot. He said that he and Jurgson served the Dark Lord faithfully and proudly. That everyone else there was a fool and they would all be destroyed. Then he started gesturing at Hermione and shouting.
"Only a fool would call that Muggle born girl a witch! There is no place for impure blood in the wizard community! Freaks like her have no place in Muggle society either. Everyone would be better off if such accidents of nature like her were destroyed at birth."
Madam Bones began pounding her gavel and calling for order. The defendants were both standing now. They were making angry gestures and shouting at Hermione. Harry didn't catch all that they said in the chaos of the courtroom but he caught a few bits like: "Filthy Mudblood Wench", "Freakish Muggle Slut", "Dirty Mongrel Bitch", "Blood Polluting Prostitute", and "Race Defiling Whore". It stopped only when Madam Bones signaled to Percy and he cast silencing charms on the defendants.
Throughout the angry tirade of insults Hermione sat up straight and only winced slightly at the worst of the obscenities.
When things calmed down, Madam Bones directed Percy to, "Let the official record show that the defendants offered no defense." Then she said to Hermione, "Miss Granger the court apologizes for the abuse you have received."
"It's alright," said Hermione, "I've had better tongue lashings from a painting."
Madam Bones then called for the court to vote on the guilt or innocence of the defendants. Harry was surprised when only around four fifths of the judges voted for conviction. No one voted for acquittal, but about one fifth of the judges abstained. Harry wondered if they were afraid of Voldermort or if they agreed that Muggle born witches had no place in wizard society.
"The defendants are found to be guilty," declared Madam Bones, "We will now determine the sentences of the convicted. Mr. Fudge what is your recommendation?"
"If it pleases the court I ask that the convicted be sentenced to death," said Fudge in a businesslike way. "In view of the serious nature of the crimes that they have been convicted of today and taking into account their criminal records which include previous murders, I think that the most severe penalty is appropriate."
"The alternative to a death sentence is life imprisonment," offered Madam Bones. "Does anyone have anything to say on behalf of the convicted?"
There was silence in the court room as no one spoke up against the death penalty. Then to Harry's surprise, Hermione stood up. A lot of whispering broke out. Madam Bones recognized Hermione, "Miss Granger, do you have something to say?"
"If it pleases the court," began Hermione, "I ask that the lives of these men be spared. They are not entirely responsible for their actions. Their minds have been poisoned by Lord Voldermort's lies."
There was a lot of murmuring in the court when she used the Dark wizard's name. Harry noticed that Dumbledore smiled slightly.
Hermione continued, "If they are given long prison sentences, our society will be protected and we can hold onto the hope that some day they will see the error of their ways. If they are executed, we forever loose hope that they can be reformed. This is not about them, it's about us. We as a society can never surrender hope. We must never give up on faith or hope or love. I ask the court to attempt to reform these men."
Hermione sat down. There was a moment of silence in the court followed by widespread murmuring and whispering. More than a few of the judges were shaking their heads. Harry noticed that Mr. Fudge was staring at Hermione with a slight frown on his face. Harry was reminded of the way Ron would stare at a chessboard when Harry had made an unexpected or creative move. Then he saw Fudge nod his head slightly, just like Ron did before he made the move that would usually lead to Harry's defeat. Fudge made a little motion with his hand and Madam Bones recognized him.
"Mr. Fudge, do you have something to add?" she asked.
Fudge smiled at the crowd and especially at Hermione.
"Miss Granger is a sweet, kind girl and she shows great courage in defending her very liberal ideals in front of the very men who tried to murder her. We are lucky. Were it not for some desperate Muggle-style fisticuffs and a harmless silencing charm, she would no longer be a part of our community." He paused briefly and then continued more forcefully, "but I remind the court that we must follow the laws of the wizard community. Convicted criminals that want to be spared must earn our mercy by assisting the state."
He lowered his voice slightly, "I too cherish hope. I hope that at least some of the followers of you-know-who can be reformed." And then in a louder more businesslike tone, "So I ask the court to sentence these two criminals to death. This in the hope that a strong message will convince other prisoners now being held in Azkaban to save themselves by renouncing You-know-who and cooperating with our side."
The court voted for the death penalty. It looked like the vote would be close until Dumbledore raised his hand in favor of execution and about six other judges followed his lead. Harry glanced at Hermione and saw a look of disappointment, but he had no remorse about the sentence.
Madam Bones pounded her gavel and ordered the guards to remove the prisoners.
Then she announced, "The court is in recess for fifteen minutes. We will reconvene in the death chamber."
Everyone got up and began to shuffle towards the doors. Harry knew they were going up to level 9, to the Department of Mysteries, to the room with the veil. He looked up and saw that Mr. Fudge had approached.
"Miss Granger," said Fudge, "that was a most unexpected move. Your speaking against the death penalty was a complete surprise to me. Still, things worked out well. And I do hate it when no one speaks on behalf of the defendants. Well come along."
"I don't want to see the execution," Hermione said softly
.
"Miss Granger," said Fudge kindly, "if you don't see it with your eyes you will see it in your imagination. We don't use some barbaric Muggle form of execution like beheading or hanging or the eclectic chair. These men will pass from this life in the most peaceful way imaginable."
With Percy on one side and Mr. Fudge on the other, Harry, Hermione and Neville were led up to the death chamber on level 9.
"I don't want to see the execution," Hermione whispered to Harry and Neville as they walked into the room with the ancient arch and the shimmering veil.
"You can close your eyes," said Neville. "Harry and I are right beside you, we'll look out for you."
They took the seats they were led to. The prisoners were standing chained and blindfolded near the platform with the arch. The guards cast a befuddlement charm on the prisoners. Harry glanced at Hermione and saw that her eyes were closed. The captain of the guards spoke.
"John Jurgson, your family is calling you." he said.
Then the prisoner was levitated up and through the veil. Without a sound he was gone. A cold chill ran down Harry's back. He felt Hermione touch him, so he held her hand.
"Antonin Dolohov," said the guard, "your family is calling you."
Dolohov disappeared through the veil as quickly and as quietly as Jurgson had.
"It's over," Harry whispered to Hermione.
People were beginning to get up to leave.
"One more thing Miss Granger," said Fudge as he turned to leave, "when I asked you to dress pretty, like an innocent schoolgirl, I didn't mean like a Muggle schoolgirl."
Harry glared at Fudge's back as he walked away.
"Oh Harry," said Hermione, "I'm sorry I'm such a coward. It must have been awful for you to watch those men pass through the veil just like Sirius did."
She held his hands and kissed him lightly on the cheek.
"It doesn't seem to be a bad way to go now does it," said Percy in a chipper tone. "Neville, your grandmother is waiting for you in the atrium. You will return home by the flue network. Harry and Hermione, I'll be driving you home in the car."
They silently followed Percy up to the Atrium. In the atrium there was a ridiculous plastic statue of a witch that looked like it had been purchased at a Muggle discount store. It was holding a sign that said, "The Fountain of the Magical Brethren will return soon."
Neville left with his grandmother.
Harry and Hermione went to the garage with Percy and got into a black ministry car.