The Prevention of Gross Injustice
As evidence is heard about Sanosuke’s treasonous father, so is the story of Sanosuke’s involvement with the undercover agent that brought that treason to light.
During the deep winter, having the wood stove on the arbiter’s platform was a distinct blessing. In late autumn, however, with a temperature chilly enough for a fire but not nearly low enough to justify the remarkable level of heat the stove produced in the immediate vicinity of Kenshin’s entire right side, he could never determine whether too hot or too cold was the better option. But since he now approached his fifth anniversary as an arbiter for the sovereignty and his requests to rethink the arrangement of the assessment hall had consistently been ignored, he doubted anyone would jump to accommodate him any time soon.
Too hot or too cold, he would cease to be bothered by the uncomfortably fluctuating temperatures the very minute this assessment became a little less tedious — that is, if they ever managed to get through the small fry. These consisted of acquaintances of the accused — from household slaves to employees of the young man’s father to ‘friends’ probably better described as ‘convenient drinking companions with no real depth of attachment’ — and Kenshin couldn’t think very highly of any of them.
Of course the avowal of slaves at an assessment wasn’t worth nearly as much as that of any person at liberty, since, caught between potentially vengeful masters and the law, they tended to say what they believed would best benefit them (or at least stave off punishment); but even the free and supposedly honest people that had been offering information thus far hadn’t struck Kenshin as particularly reliable. Half of them had sworn up and down that the accused was buried to the eyebrows in his father’s treasonous dealings, while the rest had maintained he’d taken no part whatsoever in them and was, in fact, the best guy in the world.
Kenshin found each style of avowal suspicious in this situation, and reflected wryly that liars would always lie. Respect for truth, most likely, would not be found among the undoubtedly numerous reasons any of them might want this assessment to go one way rather than another. Some of those reasons would probably come to light, bidden or unbidden, during their assessments, many of which Kenshin would also have to arbitrate. He didn’t greatly anticipate that.
This assessment, however, teased interest despite the frustrating tangle of dishonesty that had comprised its first hour and a half. The accused had a very handsome and honest face and a lively, compelling manner that could have predisposed anyone in his favor; his air of mingled annoyance and concern was understandable at the moment, too, given that, whatever his state of innocence or guilt, it must be disconcerting and worrisome to hear half the people he knew painting him as a saint while the rest decried his many evil deeds.
The queue of liars seemed, thankfully, to have come to an end with the latest one, whose earnest statement that, “Nobody who buys everyone drinks as much as he does could be a bad guy,” had the ring more of rote practice than of genuine feeling. As this particular young man was not in custody, he could go about his business freely when dismissed, and he gave the accused a casual encouraging wave on the way out. Neither circumstance forced Kenshin to rethink his opinion that the avowal had been more than a bit of an act aimed at freeing the frequent buyer of drinks.
Kaoru, overseer of assessments, watched the last of the riff-raff allowed out the exit, which was relocked behind him by the sentinel there, then glanced back to where a messenger had been waiting, patient and silent, beside the door near the back of the hall that led deeper into the building. At her movement, the man shook his head. She gestured her thanks, and the messenger imitated the latest witness by leaving the room and having the door locked behind him. Then Kaoru turned toward where Kenshin sat on the arbiter’s platform. “Looks like the father of the accused continues to refuse to avow.”
“All right,” said Kenshin. None of them could be happy about this, but unfortunately no inference could be drawn from it; conceivable motives came to mind in droves for someone to refuse to avow, whether the accused was innocent or guilty. It did decrease the amount of information the arbiter had to work with, but there was nothing to be done about it. The accused, Kenshin noted, merely appeared to have been expecting this; there was no guessing the exact significance of the deep breath he drew and released at hearing the news.
Again Kaoru glanced around the hall, a somewhat unnecessary movement as she stood at its head beside the arbiter’s platform and therefore had a clear view of everyone present. “The last witness will be here as soon as possible; there’s no telling how long it may take. Do you want a break, or would you prefer if Megumi questions the accused out of order?”
Kenshin’s eyes were drawn to the accused, who, where he waited in the care of a two-person armed escort, had twitched visibly at the mention of ‘the last witness.’ Evidently the final participant’s avowal would be the most important — or, at least, the information that had the accused most agitated. Curious and wishing to proceed, Kenshin said, “I would prefer to hear from the accused.”
With another nod, Kaoru also fixed her eyes on the young man. “Sanosuke of lineage Shishio, please step onto the witness’ platform.”
Unlike Kenshin’s platform, which was reached by a small flight of stairs in order that the arbiter might observe the proceedings from an elevated angle, that from which witnesses avowed was a single step up from the floor and mostly surrounded by a plain railing as if the witness were in a cage. This cage Sanosuke now entered, moving with a vigor that matched the energy of his gaze and general bearing, seeming somewhat loath about the upcoming questioning but with an evident determination to get this over with.
“Megumi,” Kaoru said, “the time is yours.”
The questioner had been availing herself, in between witnesses, of the drinking water on the table where the hall scribe sat recording what was said. Now she turned with her usual impassive gaze and began the traditional reiteration of the initial statement of the accused: “At the beginning of this assessment, you maintained your innocence of the accusation of complicity in the treasonous activities of your father Makoto. After the avowals we have heard from the previous witnesses, do you wish to change this statement in any way?”
Sanosuke scratched his head and appeared a little annoyed. “I don’t see why I’d want to change what I said because of any of that bullshit.” Then he threw a quick look, half penitent and half concerned, with an overlay of sheepish joviality, up at Kenshin. “Guess I shouldn’t swear in an assessment, huh?”
The young man was so winning that Kenshin couldn’t help a somewhat indulgent feeling as he looked down at him. It was Kaoru, however, as overseer, that replied: “You may not abuse anyone present, but otherwise we’d prefer you to speak as naturally as you can.”
The grin Sanosuke returned for this seemed relieved he hadn’t landed himself in trouble with almost his first statement, but still far more determined to get this over with than in any way happy to be here. Then he turned back to the questioner and said squarely, “So, yeah, I don’t want to change what I said. Still innocent of that.”
“Very well,” Megumi replied. Kenshin didn’t think he imagined a slight smile, if not on her face, at least in her bearing. It took a lot to compromise Megumi’s professionalism, but Kenshin knew her well enough that he could tell when she was hiding amusement. “If you are willing to avow on your own behalf, you will need to take the Oath of Honesty.”
Over the years Kenshin had seen many witnesses — even some he’d eventually declared innocent — display reluctance or discomfort regarding the Oath, so he knew the signs. And if Sanosuke had any problem repeating the ritual words after Megumi, swearing to speak the exact truth to the best of his ability and belief, he certainly hid it well. He was either completely ingenuous or an extremely convincing actor.
Megumi’s first question once the formalities had been seen to was, “If you were not involved in your father’s treasonous activities, surely you must at least have been aware of them?”
“Uh, not exactly,” Sanosuke replied. “I wasn’t really surprised when I heard what the accusation was, but I didn’t realize before that’s what he was doing.”
“So you always knew your father didn’t have the most solid moral code regarding business?”
“Regarding anything. ‘Always’ might be an overstatement, but, yeah, I’ve known that for years.”
“But you were not aware specifically of any criminal activity.”
“That’s right.”
Megumi excelled at her job of drawing from witnesses as much information as she could so the arbiter of the assessment could make the fairest judgment possible. And it not infrequently happened that she got a hint of some crime additional to or separate from the one in question; in such cases, she strove to clarify the situation as far as she could. Here, Kenshin could see, she was working to differentiate between the stated accusation ‘complicity in treason’ and the unspoken possibility ‘failure to report criminal activity,’ of which Sanosuke might still be guilty even had he never taken part in his father’s misdeeds.
“Would you tell us,” she requested, “what details you know about your father’s business?”
“Um, sure.” Sanosuke sounded a little skeptical, as if Megumi was asking for either a large amount of or some particularly dull information. “His main job is — I guess was — working with different factions all over the kingdom negotiating accords and shit. I always thought it was the most boring job I ever heard of, but I guess if he was secretly working with enemies of the sovereignty, that makes it more exciting. Probably more money in that, too… not like we ever needed more money.”
As Sanosuke went on in a very rambling fashion to describe his father’s work as he understood it, Kenshin was hard-pressed to restrain blatant laughter. Very little of what the accused had to say contained any significant detail, and some of it seemed so improbable as to suggest Sanosuke either knew next to nothing about the actual workings of Makoto’s employment or was, once again, an extremely skilled — and entertaining! — dissembler.
Megumi was a bit too deadpan as she asked her next question for Kenshin to believe her unaffected by Sanosuke’s amusing account. “You just recently turned nineteen, I believe. As a legal adult, how is it that you know so little of your father’s business?”
Sanosuke’s straightforward gaze strayed from Megumi’s face for a moment as if he didn’t want to meet her eyes. Tone equally abashed as he eventually looked back at her, he said, “Well, you know… up until just this last month or so, I never really cared about… serious shit. I mostly just fucked around and enjoyed myself. Dad’s been trying to get me into the business for years, but that was just so boring…”
“But I understand that changed when you turned nineteen. Your father finally managed to force some responsibility on you.”
“No!” It was the vehemence of annoyance. “Well, he tried, but that’s not what made me start thinking about things more seriously and shit. He just sat me down on my birthday and said it was time — ‘long past time,’ he said, asshole — time for me to start taking responsibility and learning how to run things and whatever, and said I was going to have to start doing some shit around the estate if I wanted to keep doing everything I liked doing. So all that did was make me really pissed at him.”
“And your new duties included the purchase of domestic slaves?” When Sanosuke replied in the affirmative, Megumi pursued, “And that was how you first encountered the sovereignty agent?”
It was the same discernible twitch as before. Evidently Sanosuke really did have some significant agitation relating to this person, who must be the final witness they were waiting for and was probably delayed on official business. Kenshin congratulated himself on having been correct about the interest level of this assessment, and waited in great anticipation, rubbing at his overheated right thigh and shifting slightly away from the wood stove, to hear the rest of the story.
“Yeah,” Sanosuke said. “Yeah, that’s how I met him.”
“Describe how that happened, please.”
“I went to the slave market looking for a kitchen girl, but I saw this guy — Saitou, the agent, who of course I didn’t know was a sovvie then — and I decided to buy him instead.”
“Why did you decide to purchase someone completely different from the type of slave you needed?” Megumi asked.
“I really didn’t want to be there,” grumbled the accused, “especially since the slave market’s open so damn early so you have to go first thing in the morning to get the really good ones. But dad made it pretty clear I wouldn’t get any more money or get to do anything I wanted ever again if I didn’t do what he wanted. So I was really pissed at him. I figured if I bought some slave who was totally not what we needed, it’d show him I wasn’t the right choice for that job and he’d let me off it. Plus it might make him mad, so it was sorta revenge too. Also the slave was really fucking hot, so, you know…” Sanosuke cleared his throat, blushing, and his eyes strayed from Megumi’s face again.
“So you purchased what you believed to be a slave” — Megumi was shifting smoothly onto a new track, Kenshin could tell, though Sanosuke probably couldn’t — “with the express purpose of raping him.”
Sanosuke’s hands had been lying on the railing in front of him, occasionally sliding idly from side to side, but now they jerked back toward his body as he stiffened upward, looking appalled. “What?! No! Of course not!”
“You did just say,” Megumi pointed out calmly, “that one of your reasons for buying the slave was that he was ‘really fucking hot.'” Her coolness made the quoted profanity sound very childish indeed, and Sanosuke flushed a deeper shade of red from an apparent combination of emotions.
“I don’t rape slaves, all right? That’s something my asshole dad does, not me! I mean, I know it’s something a lot of people do, but not me!”
This, Kenshin reflected, though it could not be entirely verified, was consistent with the attitude the Shishio household slaves had displayed toward Sanosuke in their avowals.
“I won’t say I didn’t totally want to have sex with him or that wasn’t part of the reason I bought him, but I always ask. I’d never force someone — I told him he could say no and it wouldn’t be a problem.” Sanosuke’s voice dropped to a mumble as his hands came down on the railing again and his gaze fell to the floor. “And he seemed like he was totally fine with it.”
“In what way did Saitou indicate he was engaging in sex willingly?”
Pensiveness now seemed to overcome Sanosuke’s chagrin, and he appeared, as he slowly drew breath and opened his mouth to answer, as if he wasn’t sure his explanation would make sense to his listeners. “He seemed so strong and so in-control…” Distinct admiration rang in his timbre. “It felt like, if he didn’t want it, he would’ve definitely said so. He didn’t really seem like a slave at all, and after a while I couldn’t even think of him as one. Sure, I gave him a job to do, but he was more like… I don’t even know. I didn’t know he was a sovvie, but from the way he talked I did get the feeling there was something else going on — like he had a reason to be there besides just that I bought him and brought him there.”
“And since you’ve discovered he did have another reason to be there, have you considered that Saitou might only have accepted your sexual advances because he believed it would endanger his position or even his personal safety to refuse you?”
Hotly Sanosuke replied, “I told him he could say no!”
“You were in a position of absolute authority at the time, and he was in the position not only of a slave and someone who needed to maintain cover, but someone who had never met you and couldn’t be familiar with your personal policy regarding slave rape. Did that never occur to you?”
Sanosuke looked stricken. “I… no. Shit. No, I… never thought of that. I really… really… didn’t feel like it was… I thought it was all just fine at the time, but… shit…” His eyes broke from Megumi’s again, fixing on the floor, and in this instance they did not re-ascend.
With a tone infinitesimally more gentle than before, Megumi shifted the subject slightly. “How did your interaction with Saitou proceed from there?”
“I… well, I had no real job to give him,” Sanosuke told the floor, “so I made him just a sort of odd-jobs man to do whatever muscle-work anyone needed. There wasn’t a lot for him to do, so mostly he just ended up… in… in my room.” He hastened on in a faintly defensive tone, “But we talked a lot! It wasn’t like we were just having sex all the time.”
“And what did you talk about?”
“He would never want to talk about himself. Obviously that’s because he was a secret agent all along, but at the time I just figured a slave didn’t have a lot of interesting stuff to say about his own life. So we mostly talked about me, and how I grew up, and what I liked to do. Oh, and about dad and his work.” Sanosuke’s mouth tightened into a frown before he went on more slowly, “I guess…” This point seemed to be novelly occurring to him here and now. “I guess he got a lot of information out of me, actually. I couldn’t have helped him with details, but what I said probably told him what to investigate and where to look and shit.”
Kenshin repressed another smile. If the vague and rather hilarious information Sanosuke had given earlier about his father’s business was typical of his elaboration on the subject, it might not have actually been remarkably helpful to the sovereignty agent.
Megumi suggested next, “You seem to regret these interactions.”
With a faint sigh Sanosuke admitted, “Yeah, I guess I do. I was thinking before that we had some good times, and he had some important stuff to say to me, but I guess I was… always kindof a dick to him. I didn’t think it was rape, and I thought it made sense he didn’t talk about himself… but I was always the one in charge, and he probably couldn’t say no, and I just talked about myself on and on like a total ass.”
“You say he had important things to say to you?”
“It seemed important at the time.” Sanosuke shrugged, and the casual gesture did not nearly suffice to downplay words he obviously meant very intensely. “When he got to know what kind of life I always had, he had things to say…” He chuckled faintly and with a mixture of bitterness and appreciation. “He was fucking rude about it, but he always got his point across. He just made me kinda realize how I was wasting my life. I was already not really thinking of him as a slave, so that’s probably why I didn’t notice how weird it was that this supposed slave — who’d been a slave his whole life, supposedly! — knew so much about… life stuff.”
So that was the real reason Sanosuke had started ‘thinking about things more seriously and shit.’ Even from the brief description of their interactions, Kenshin could see what an impact this Saitou agent had made on the young man.
“Was it your inability to see Saitou as a slave that kept you from determining he was a spy?” was Megumi’s next question.
“Yeah, that was probably part of it.” Sanosuke scratched his head, appearing a little easier now they’d left behind the question of whether or not he had committed rape — especially on someone he obviously admired. “But also I didn’t want to ask him a bunch of questions in case I blew his cover. I knew he was up to something, and I kinda really wanted to see him do whatever he was there to do because I figured that’d be one in my dad’s eye.”
“So your attitude toward your father had not changed?”
“Actually it did change.” The young man’s brow furrowed as he recollected. “I kinda went from thinking of him as this mean old dad who was forcing me to do work and threatening to take away my allowance and shit to thinking more about how I grew up with this terrible person who probably kept me from being… something better, you know?”
Kenshin had a feeling he could guess at the origin of this alteration in attitude. It was a stroke of luck Sanosuke had run into someone that could cause that revolution in him when he had. Really, it was a stroke of luck that laziness and thoughtlessness were (to all appearances) the worst of Sanosuke’s bad traits, given the circumstances of his upbringing.
“But, yeah, as far as wanting to get back at my dad for whatever I was mad at him for? That didn’t change.”
“But you still didn’t question Saitou about his intentions?”
“Yeah, like I said, I didn’t want to ruin the plan. Whatever the plan was.”
“I wonder if you didn’t want to ruin your sexual arrangement with Saitou as well.”
To Kenshin, an experienced arbiter that had worked extensively with Megumi in the year and a half she’d been questioning at his assessments, it was obvious why she returned to this topic: though slave rape was a matter of hazy legality and Sanosuke had been unaware of the true identity of this supposed slave, still sexual assault of a sovereignty agent was serious — another potential crime for which Sanosuke might be condemned — and it was essential the issue be examined thoroughly.
But to Sanosuke this probably wasn’t nearly so evident. His eyes had previously, gradually returned to the questioner’s face and his expression had cleared somewhat, but at this latest statement his brows drew back together as his gaze fell once more. “Yeah, there was probably some of that too. I didn’t want to change things with him. I didn’t want to scare him off.”
“Given the way things turned out, do you wish now that you had questioned him?”
Sanosuke scraped a foot, at which he stared fixedly, back and forth on the wooden flooring of the platform. “I don’t really know. I’m afraid shit would have gone down just the same even if I had.”
“So you don’t consider yourself in any way responsible for your father becoming aware that Saitou was a spy?”
“He didn’t know Saitou was a spy–” Here Sanosuke interrupted himself impatiently in order to answer the actual question right in the middle of his protest– “no, I wasn’t responsible for that! — but if dad knew Saitou was a spy, I bet he would have just killed him right then.”
“Are you aware of your father having committed murder in the past?”
“Not for sure, but I wouldn’t put it past him.” Sanosuke’s voice grew somewhat distant. “Actually I always wondered, when my mom died… not right at the time, but later I wondered… did she maybe cheat on him, and he…” His shoulders lifted somewhat helplessly, and Kenshin guessed this dark speculation was one he’d never been able to put into words before. The most lazy, resentful teenager had certain lines he might not want to cross, even in his own mind, about his father.
“You may want to hold onto that thought,” Megumi remarked somewhat sardonically, “for when it’s your turn to give avowal at your father’s assessment.”
Sanosuke scowled, and, forcing the scribe to lean forward abruptly to catch what he had to say, grumbled something about maybe just completely refusing to show up, then fell into an unhappy silence. Kenshin doubted the young man looked forward to the referenced event, even if he knew the assessment of Makoto would be little more than nominal, a last courtesy offered to someone already condemned in all but the final legal sense and doomed to high-security imprisonment for the rest of his life.
“But to return to the compromise of Saitou’s situation,” Megumi went on. “How exactly did that happen, if you had no part in it?”
“‘Exactly‘ is tough,” Sanosuke admitted. “I just noticed one morning that I couldn’t find Saitou anywhere, and I kinda wanted… to find him… so I was wandering around looking, and my dad noticed and called me into his room. He asked me what I knew about Saitou — called him ‘that slave you’ve been fucking’ all annoyed — so I told him — and it was totally true! — that I didn’t really know anything about his past. Of course I knew a lot about Saitou personally by then, but I knew that wasn’t what dad wanted, so I didn’t bother saying that. Anyway, dad said he noticed Saitou could read (which I never noticed because I was too busy ordering him around and talking about myself like a little shit), but of course dad got suspicious.”
That such a revelation would render a person like Makoto suspicious made sense, Kenshin reflected. In a house-slave, a certain degree of literacy might not be totally unheard-of; but in the type of person Kenshin was envisioning based on the description given of this agent thus far — probably someone, in the eyes of a slave-owner, pretty distinctly intended for manual labor — the ability to read would seem decidedly out of place. And anything out of place might set off alarms in the head of a paranoid traitor to the sovereignty.
“He said he wanted to question Saitou — whatever that actually meant — so of course I was starting to freak out a little bit on the inside. But he was going away on business for a couple days and couldn’t put it off, so he couldn’t get to questioning Saitou right away. He said he already had him locked up, and he needed to stay that way — with a guard — and I wasn’t allowed to see him.”
Just as locks and guards came up in the avowal, Kenshin noticed the sentinel at the inner door step aside and allow a man to enter the room. At Kaoru’s nod of acknowledgment Kenshin had to assume this was the agent, Saitou, their final witness and a significant part of this interesting drama; so he said nothing as the newcomer silently passed rows of benches standing empty at this private assessment and took a seat at the end of one in front. Sanosuke, his back to the door and apparently having missed the overseer’s nod, had noticed none of this.
Megumi was asking, “Do you believe your father ordered you not to contact Saitou while he was gone because he was suspicious of you as well?”
“Nah, I don’t think so. Dad was just trying to get back at me for having Saitou around in the first place. We’d already had this big argument about me buying a slave just for… uh, personal reasons… instead of what we actually needed, and he wasn’t any less pissed about it at this point… but I think it was just the usual ‘why can’t you take life seriously?’ bullshit, not him thinking I was working with Saitou on some secret mission or something.”
“And did you obey your father in this instance?”
“Hell, no! The second he was gone, I went straight to see Saitou. I was trying to think of a way to get him out of there, but I didn’t have any ideas that weren’t totally crazy, and he didn’t have any ideas either, and I was really frustrated… I told him I was sorry, since it was basically my fault for buying a slave just because he was really hot and to annoy my dad… Saying sorry didn’t fucking help, but it was all I could do for him right then. Well, I mean, besides…” Sanosuke cleared his throat.
Kenshin rather expected Megumi to probe further into this latest implication of sexual activity, but what she asked instead was, “Your father had left him under guard?”
Sanosuke scowled. “This guy Usui, who’s worked for my dad for a while — he’s this asshole thug — he was guarding the room when I got there, and even though I supposedly wasn’t supposed to see Saitou, Usui let me in pretty easy. I didn’t think that was weird at first because I was distracted, but later I did wonder why he did that. Only then, as soon as his guard shift was over, he showed up in my room saying he wanted to make a deal.”
Sanosuke’s lip curled in distaste and discomfort. “He knew me and Saitou were fucking. I mean, it probably didn’t help that… Well, anyway, he figured I might be willing to do something for him if he agreed to help Saitou escape.”
“Do what for him?”
“Um, basically… fuck him too.”
Megumi looked a little taken aback. “Why?”
Sanosuke flushed. “You don’t have to make it sound like it’s impossible to imagine or something.” At these words, one of the guards that stood a couple of steps behind the witness’ platform was forced to turn an inadvertent laugh into a cough. Kenshin noticed Kaoru giving the man a reproving look.
“What I mean,” Megumi said composedly, “is that allowing a prisoner to escape would be a dangerous risk for this Usui to take. Why would he jeopardize his position working for your father for the sake of sex?”
“You have to understand…” Again Sanosuke looked as if he feared this explanation might be a little beyond him. “Usui’s always wanted dad’s business. Not just like he wanted to work for him; he wanted to take his place. He probably knew my dad was doing illegal stuff, and he wanted to be doing it himself, I guess. Anyway, the weird thing was that dad always knew what Usui wanted, so I never could figure out why he kept him around — friends close and enemies closer and all that, I guess? So Usui could never do anything open to try to get some advantage over my dad; he had to do sneaky shit.”
“And he would have believed sleeping with Makoto’s son would give him leverage in the future?”
“Yeah.”
“All right.” Megumi nodded her understanding. “But why would you believe such an obviously untrustworthy person would keep his end of any bargain?”
“I didn’t really have any choice!” protested Sanosuke. “I couldn’t just let my dad do whatever he was going to do; I had to try something. And, I mean, I have… a lot of sex… most of the time, so what was a little more if it might help with something? And, hell, it did end up working, didn’t it?”
“Did it?”
“Well, yeah, he did keep his end of the deal, didn’t he?” Sanosuke’s expression gradually became pensive. “Actually that’s kinda weird, now I think about it. He really isn’t the kind of guy to keep a deal like that… but since he did, that’s all that matters, isn’t it?”
In order to allow her to draw out information as effectively as possible, Megumi, like any questioner, was given an overview of events relevant to an assessment prior to interrogating witnesses. And Kenshin could tell now that what she’d just heard did not entirely tally with what she’d known before entering the hall today. As usual, however, surprise was absent from her voice as she wondered, “Usui himself told you he had released Saitou?”
“Actually I haven’t seen Usui since then. I figured he was keeping his head down until after dad got back so one of the other guards could take the blame for Saitou escaping. They were really freaking out, too, when it turned out Saitou was gone — one of ’em ran away, and I really couldn’t blame him. And then the second dad came home, the whole place was just suddenly swarming with sovvies, like they knew exactly when he was going to be back, and we were all arrested. But, yeah, if you need me at Usui’s assessment — he is getting assessed, right? — I can tell you everything I know about him.”
In direct contrast to how he’d reacted to the idea of making avowal at his father’s assessment, Sanosuke seemed to be taking a grim pleasure at the thought of disclosing everything he knew about someone he disliked so much more straightforwardly. And there was a touch of tightness around his mouth, a tilt to his brows, a fleeting haunted look in his eyes that he seemed to be trying his best to hide, indicating (to Kenshin, at least) that, no matter how bravely he’d implied this encounter had merely been an additional instance of something he had quite a lot of, he was more distressed about his interactions with Usui than he was letting on verbally.
If Megumi had also noticed how much Sanosuke had really suffered by fulfilling his part of the bargain he’d made, still she chose to wrap things up and not pursue the matter. And when the questioner had declared herself finished with the accused, Kaoru took over by wondering whether the arbiter had anything to ask.
Kenshin smiled at her. Both she and Megumi could probably tell how engrossed he was in this assessment — for one thing, he hadn’t made a single request regarding the nearby overhot stove — just as he could read Megumi’s little reactions of surprise and the outrage Kaoru had been subtly evincing about the Usui business. He shook his head.
Kaoru nodded again, then turned back to Sanosuke. “The sovereignty thanks you for your avowal, Sanosuke of lineage Shishio. You may take your previous place.” She gestured to where Sanosuke’s escort still stood behind the platform.
Though he’d clearly been depressed by several items brought up during his avowal, and though he appeared understandably wearied by the ordeal, the young man’s energy of movement didn’t seem to have decreased; he hopped down the single step and turned with alacrity to face the guards that had come to meet him. Kenshin had been watching meticulously for how Sanosuke would react to his first sight of Saitou since before his arrest, what might happen when their eyes met, but the seat Saitou had taken was to the right of the platform, and Sanosuke had stepped down on the left and again entirely missed his presence in the room.
He could not long remain in ignorance, however, as Kaoru next said, “Our final witness will please step onto the platform.”
Even had Kenshin not been specifically observing, he doubted he could have failed to catch sight of Sanosuke stumbling abruptly on his way back to the open space where the accused and his escort stood and then turning in a movement that incorporated a deep breath and a significant stiffening of spine. Sanosuke still could not meet Saitou’s eyes, however, since the agent, having taken his place on the witness’ platform, now faced away from him.
As the assessment proceeded, Kenshin divided his attention between the final witness and the accused. Saitou took the Oath of Honesty, and in doing so immediately displayed a disposition seemingly the polar opposite of Sanosuke’s: perfectly composed, with no emotions tied up in this business whatsoever. And he wasn’t what Kenshin would have described as ‘really fucking hot.’ Of course Kenshin had little interest in men — the elegant questioner or the lively assessment overseer were more his speed — but even by his admittedly vague standards of what made a man attractive he found this one a little too harsh. But there was no accounting for taste.
“To begin,” Megumi was saying, “for clarity: you are an agent of the sovereignty transferred here from another location in order to investigate Makoto and his business dealings.”
“That is correct,” replied Saitou.
“You had arranged to pose as a slave in order to enter Makoto’s household, because you had some information that led you to believe he would be inclined to buy you.”
“Yes. The scar on my chest, which would be visible on a slavers’ platform, would draw associations with an old enemy of Makoto’s. We believed he would not be able to resist purchasing me.”
Kenshin noticed Sanosuke nodding slowly as if this information, though he hadn’t put its pieces together before, added up to a reasonable conclusion.
“But in fact,” Megumi pointed out, “it was Makoto’s son who purchased you. Do you believe it was a coincidence that Sanosuke had taken over the task of buying household slaves just at the time you were planted in the slave market?”
“Yes, I do.” Saitou’s demeanor made Megumi’s seem warm and casual by contrast.
“Sanosuke tells us that when he brought you home and sexually propositioned you, he indicated you had the option of refusing. Is that true?”
With a curt nod Saitou replied immediately, “He made it as clear as someone in his position at the time possibly could.”
“Would you have felt safe rejecting Sanosuke’s advances?”
Here, Kenshin was interested to note — though he couldn’t be entirely sure he wasn’t imagining it — Saitou hesitated briefly before answering, “No. I would have believed doing so would endanger my position in the household.”
A quick glance at Sanosuke showed a stricken expression so poignant as to infect Kenshin somewhat with its sudden misery. And guaranteeing the continuance of that unhappiness, Megumi persisted on the dreary topic by asking Saitou, “Do you believe Sanosuke took advantage of you?”
Saitou frowned, and spoke in a pensive tone that, though as cool as before, held a touch of darkness. “Slavery has allowed mankind new and more incisive ways to objectify and abuse each other. Even the best master treats a slave differently than he treats any free man, whether he realizes it or not. No one who has not acted as a slave can realize the layers of oppression that can be inflicted on one human by another, nor how humans change when they are put into the positions of master and slave. It’s a system the sovereignty would do well to examine closely in the near future.”
It was such a lengthy and unexpectedly moralizing answer that everyone stared at him in silence for a moment. Then Megumi gave her head a tiny shake and said, “I wonder if you aren’t trying to avoid the question.”
“I apologize,” Saitou replied dryly, “if I got a little too philosophical.” Much more bluntly he continued, “I believe I took advantage of him by cultivating a relationship under entirely false pretenses and using him for information.”
Watching Sanosuke, Kenshin believed he could pinpoint the exact instant of heartbreak — during the last syllable of ‘entirely false pretenses’ — and felt his own heart go out to the young man. It was a shame Saitou never looked around and saw the face of the accused, on which rampant emotions played as openly as children on a lawn.
Kenshin also noted, however, that Saitou, for all his cool bluntness, had still avoided the actual question Megumi had asked. He probably did believe some advantage had been taken, and now had deliberately eschewed specifically saying so — Kenshin didn’t think it was mere wishfulness on Sanosuke’s behalf that made him believe it — in order to spare the accused the pain of the admission. Whether that would have hurt more or less than ‘entirely false pretenses,’ Kenshin wasn’t sure.
Megumi seemed satisfied, at least for the short term, on the point of whether or not Saitou had been sexually assaulted, for she moved on to another part of his interaction with Sanosuke. “Is it true that Sanosuke was not responsible for the betrayal of your intentions to Makoto?”
“Yes, it is true. That was a slip of my own.”
“And did Sanosuke contact you during your imprisonment in an attempt to determine a way to free you?” When Saitou confirmed this as well, she went on. “Sanosuke reported that neither of you had any idea how you might be able to escape your confinement; yet you were able to escape soon thereafter, so clearly you did have some idea.” Saitou nodded. “Was it because you didn’t trust him that you didn’t confide your plans in him at that time?”
Kenshin, accustomed to seeing the story of events twist and evolve as it passed through various witnesses at an assessment, was not disturbed or surprised at hearing a slightly different account of Saitou’s escape from the Shishio estate than Sanosuke had presented. But Sanosuke was looking distinctly confused, and that expression only intensified as Saitou answered, “No, not because I didn’t trust him. It was because I believed it would be safer if he were not involved in my escape attempt.”
“Then you were unaware,” Megumi suggested, “of the bargain Sanosuke was making with Usui.”
“I was unaware.” Now there was a discernible, if still minimal, hint of emotion, of tightness, in Saitou’s words and bearing. He had never once looked around at Sanosuke, but at this moment Kenshin believed a certain muscular tendency indicated he would like to. “I was unaware of that,” he repeated stonily, “until just now at this assessment. If I had known of Usui’s intentions, I would have escaped and killed him much earlier than I did.”
Abruptly Sanosuke seemed to understand how things had really happened, and it might only have been possible to detangle the mess of emotions on his face with a decent stretch of time and some fine tools. It looked as if he might burst out with some surprised and unhappy exclamation, contrary to the rules of the assessment hall that forbade witnesses not on the platform from speaking, but he managed to control himself, and the mouth he’d opened snapped back into miserable closure.
Kenshin got the feeling Megumi wanted to be done with this; she probably felt the dreary atmosphere emanating from Sanosuke as well as the arbiter did. “You spent nearly a month in the Shishio estate,” she said to Saitou, “and must have become fairly well acquainted with Sanosuke and his lifestyle. Do you believe Sanosuke had any connection with his father’s illegal dealings?”
“No, I don’t believe it. Sanosuke has merely been lazy and useless and a waste of significant potential for most of his life, not actually criminal. In fact, whether he intended it or was even aware of it, he assisted in my investigations and should be commended.” Though this statement was spoken with the same lack of hesitancy as most of Saitou’s statements, it was also even more coldly professional, and Kenshin could tell Sanosuke drew very little comfort from the proposed commendation. It was evident, moreover, that Sanosuke believed Saitou had no personal interest in him and regarded him only as a facet of a job he’d been busy with that was now about ready to wrap up.
Whether or not Megumi, like Kenshin, remained far less convinced than Sanosuke was, she now turned to Kaoru and declared herself finished questioning this witness. And Kaoru wondered formally, as before, if Kenshin had anything he wanted to ask.
Kenshin stared at Saitou for a moment, and came to the conclusion that it was unlikely he had any clearer idea of the situation that Sanosuke did. He hadn’t been present for the more emotional parts of Sanosuke’s avowal, hadn’t even looked him in the face this entire time; and Sanosuke’s described behavior during their near month together had been very… frivolous… certainly nothing to indicate his interest in Saitou had been anything beyond physical, casual, transient — and that in a context of master and slave not easily translatable into normal interaction.
Saitou didn’t know what a difference he’d made in Sanosuke’s way of thinking. He didn’t know that what Sanosuke had done in an attempt to free him had been a real and deliberate sacrifice rather than the throwaway action the young man had implied it was. He didn’t know Sanosuke had never really been able to see him as a slave — especially given that, based on Saitou’s comment, ‘Even the best master treats a slave differently than he treats any free man, whether he realizes it or not,’ that perception of Sanosuke’s had not been strong enough to be plainly demonstrable.
Kenshin, having leaned far toward ‘completely ingenuous’ and away from ‘extremely convincing actor,’ fully planned on declaring Sanosuke innocent of the crime of complicity in his father’s treason. He wouldn’t even need to spend his mandatory ten minutes considering the matter; rather, he could concentrate on cooling down his right side for a bit. He did consider Sanosuke guilty of some misconduct in his sexual relationship with Saitou, but that behavior, Kenshin was sure, arose from an ignorance and thoughtlessness that Sanosuke was at least on his way to relinquishing. Besides, Saitou had clearly reached a philosophical breakthrough regarding the system of slavery and the treatment of slaves during his time posing as one, so it wasn’t impossible that Sanosuke might have some assistance in considering matters of authority and consent.
And Sanosuke would need assistance in more than that. He’d just had his entire attitude about life turned upside-down, been arrested for and accused of treason and displaced from his longtime home in the process, had his father (whatever his father might be to him) exposed as the worst of men and finally come to terms with his own suspicions about him, and discovered that he himself might be a rapist and was probably at least, as he’d put it, ‘a total ass.’ He needed someone strong and steady and wise in his life right now, and Kenshin had a pretty good idea who that person could be.
If those two ever actually spoke to each other again. Given the level of misconception Kenshin believed he currently observed between them, he wouldn’t be surprised if they went their separate ways from this hall and became little more than bitter memories in each other’s lives.
But what was an arbiter for if not the prevention of such gross injustice?
“I do have a question for you,” Kenshin said, fixing Saitou with a calm but penetrating gaze. “And I would like to remind you, before I ask, that you have taken the Oath of Honesty.”
Saitou looked wary. “Of course.”
“What,” Kenshin wondered in a friendly tone, “are your precise feelings toward the accused at this time?”
There was a long silence during which Saitou’s narrowed eyes remained locked with Kenshin’s, and the arbiter feared the witness might attempt to refuse to answer. Of course if Saitou believed Sanosuke had been doing nothing more than enjoying casual and convenient sex with a perceived slave, he would feel pathetic admitting to any deeper sensibilities. No one liked declaring unrequited love, and the strength to be completely open about something so personal, something that could be turned so easily into a weapon in callous hands, was not one everybody possessed.
But Saitou rallied with a nearly invisible breath and squaring of shoulders. He kept hold of Kenshin’s gaze with his eyes as if it were a lifeline and stated, in just as indifferent a tone as he’d used for anything else he’d said here today, “I have developed an emotional attachment to the accused that, though I can’t call it ‘love’ at this time, is more than friendship and certainly more than I would feel for someone I was merely using to further my investigative efforts.”
A choking sound issued from where Sanosuke stood, but Kenshin was not looking in that direction; he’d felt it more courteous to maintain that eye contact Saitou so clearly needed to make his declaration. Now he gave a slight smile. “Thank you,” he said, and stood, making an automatic and almost unconscious movement away from the wood stove as he did so. “I will withdraw to deliberate, and return with my arbitration in no less than ten minutes’ time.” As Saitou twitched slightly toward the step down from the witness’ platform — on the side away from Sanosuke, of course — Kenshin added, “Please remain where you are until I return.”
Saitou nodded, and stood very still and stiff where he was without looking around. Kenshin met first Megumi’s eye and then Kaoru’s as he turned for the door into his cloister, and each gave him a subtle smile of her own. They knew him too well; they must be aware both of what he’d been aiming for out here and what he planned on saying when he came back.
The arbiter’s cloister was normally unpleasantly chilly at this time of year, but today it was a nice change after the wood stove. Kenshin closed the door behind him and stretched his arms and back, rolling his shoulders and yawning. Then he drew out his pocket-watch to begin counting down.
He hadn’t arbitrated such an interesting assessment in quite a while; and he felt that when, ten minutes from now, he returned into the hall and declared Sanosuke innocent of all criminal behavior at this time, and dismissed both the accused and the final witness to go about their business simultaneously, he would have done a good day’s work.
This story is included in the Saitou/Sano Collection 2 ebook. I’ve rated it 
. What do you think of it?