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“But you can’t—you—”
“Furthermore, I declare all interrogations made under these licenses to be suspended as well. I order that no judicial proceeding may continue until and unless hearings are held that substantiate the evidence under the normal rules of evidence in the civil courts, which are the courts that have jurisdiction over licensing. If you or any other witchcraft interrogator cannot demonstrate that the evidence you have given in court meets the standard of evidence in the civil courts, the suspension of your license may not be lifted. And as long as your license is suspended, no officer of the law in New England is permitted to arrest, imprison, confine, arraign, or try any person on the orders of an interrogator; and since the law requires that a witcher be the prosecutor at any witch trial in New England, I order that no witch trial may be held in New England until and unless an interrogator in possession of a valid license is available to prosecute.”
The words flowed out of John like water from a spring. He felt as though he were singing. Alvin Smith’s point had been well taken. But in the moment when he realized that, for honor’s sake, he would have to deny Cooper’s clever motions, a new path opened up in his mind and he saw how he could put a stop to witch trials, not by using judicial precedent to destroy the law, but by using another law to trump it.
“I declare this hearing adjourned.” He banged the gavel. Then he banged it again. “I call the court to order in the matter of the commonwealth versus Alvin Smith and Purity Orphan. This being a witch trial, we may not proceed without the presence of an interrogator with a valid license. Is there an interrogator with such a license in the courtroom?”
John looked at Quill cheerfully. “You, sir, seem to be sitting at the prosecutor’s table. Have you such a license?”
Quill saw the handwriting on the wall. “No, Your Honor.”
“Well,” said John. “As there seem to be no other candidates for the role of interrogator present, I have no choice but to find that this trial is improper and illegal. I dismiss the charges. The defendants are free to go. Mr. Smith is not obligated to return to court. Court is adjourned.”
Quill rose shakily to his feet. “If you think you can get away with this, you’re wrong, sir!”
John ignored him and walked away from the bench.
Quill shouted after him. “We’ll get new licenses! See if we don’t!”
But John Adams knew something that Quill had forgotten. Licenses were issued only on the authority of the governor. And John was pretty sure that Quincy would not issue any licenses until the Assembly of Massachusetts had plenty of time to write a new witch law that eliminated the office of interrogator and required the normal rules of evidence to hold sway, including the right of the defendant not to be compelled to testify. The churches had the right, of course, to hold witch trials any time they wanted, but the maximum penalty in the ecclesiastical courts was excommunication from the congregation. And they used that power against people who didn’t attend church often enough.