[D1 EM] Journy's end, Journey's Start [village, open]

[Kitsuki Ketsudan]

"Of course such concerns must be foremost," Ketsudan replies. "Although the circumstances that would oblige such seem...interesting to consider."

[Kitsuki Kindaichi]

This netted a small shrug from the other Kitsuki.

"Do you think so, Kitsuki-san? While it is true, that it is likely that Seppun-sama's daisho is never far from his reach, the bo does provide the benefit of disabling someone much more non-lethally than a sword might do. Dispatching a foe does satisfy duty, true, but rarely do enemies act alone without motive and those sent to Emma-O will not answer be answering follow-up questions from mortals." he offered.

He smiled a bit.

"Of course, I suppose if you've killed your foes, at least the Dragon can rely on Kitsuki's Method to try and reason out the why and the 'who is behind' of the attack. It would seem to me then that those who don't support the Kitsuki Method would benefit even more from learning the bo, rather than less." he argued.

While the Sparrow might hold the record for most long-winded, pointless stories, the Dragon were certainly proponents of intellectual debate, and Kindachi was keen to bat the matter about with his two travelling companions.

[Kitsuki Ketsudan]

"I do not contest the value of the Method, of course," Ketsudan replies. "But there are only the three alternatives:

If he strikes first, kill him. If you strike first, kill him. If you both strike at the same time, kill him.

"Or so writes the heir of the Dragon Thunder, following the Founder's teachings."

A shrug.

"But all learning is good learning, and it may be that a staff is to hand when the daisho is not, or when the head of the spear is lost amid the fray."

[Seppun Akimitsu]

Akimitsu nodded "My Daisho or bisento are usually close at hand it is true but in there absence being able to effectively defend with a broom or other improvised weapon is invaluable. When guarding something one must anticipate everything, be ready for anything."

"As for non-lethal approaches...." He trailed off briefly "kitsuki-san has the right of it" He says indicating the swordsman "I typically neutralize threats as quickly as possible and permanently. I spare little thought to mercy when it comes to criminals." He thought for a moment "perhaps this kitsuki method would be good for such investigations. Do other clans use such things or are the methods exclusive to the Dragon?"

[Kitsuki Kindaichi]

Kindachi noted the assumption that capturing someone non-lethally was granting mercy. But allowed the assumption to stand.

"Hmm, I would say that is varies wildly from magistrate to magistrate." he mused as the trio continued their journey.

"If you will permit me a completely unreasonable example, assume Kitsuki-san was to punch me in the face. When the magistrate asks what happens, I testify that Kitsuki-san punched me in the face. Seppun-sama and Kitsuki-san testify that I attacked Kitsuki-san, and Kitsuki-san was defending himself."

He smiled a bit, with a wave of the hand.

"I know, I know, completely unrealistic. But if such were to happen, would the magistrate note the lack of injury on my fellow Kitsuki compared to my own black eye or would they simply accept the given testimony and punish me for my non-existent assault?" he posed.

[Kitsuki Ketsudan]

"It is an unreasonable example," Ketsudan replies. Then he grins and adds "I'd be more likely to break my hand than your face.

"But in more earnest, many magistrates would take the testimony of Seppun-sama as definitive. Were it the two of us alone..."

A lifting of indigo-clad shoulders.

[Kitsuki Kindaichi]

"It is an unreasonable example," Ketsudan replies. Then he grins and adds "I'd be more likely to break my hand than your face.

"But in more earnest, many magistrates would take the testimony of Seppun-sama as definitive. Were it the two of us alone..."

A lifting of indigo-clad shoulders.

Kindachi nods.

"Sepoun-sama's presence does make the scenario highly, highly unlikely because it requires a lie from him." Kindachi admits, amused with the friendly barb.

"But what if instead of Seppun-sama being here, it was a merchant who witnessed such? A merchant's testimony would not equal a samurai, but if Kitsuki-san and I offer contradictory tales, does the magistrate take the merchant's testimony as the definitely proof? What if it's Kitsuki-san's favorite noodle vendor that he patronizes every week? Does the magistrate consider this?"

[Kitsuki Ketsudan]

Quite the hypothetical

"That is an interesting quirk in it," Ketsudan acknowledges. "It surpasses my knowledge of law, but perhaps neither of my interlocutors'."

[Seppun Akimitsu]

Akimitsu shrugs a little "From what I know of the law then if the testimony were to conflict and the truth could not be verified then you two would duel and allow allow the Heavens to shed light on the matter. Since in this example your cause is just then even if your cousin here was better with the sword they would lend you their favor so truth could Triumph."

"The merchant would also likely be punished in some way for giving false testimony against a samurai."

[Kitsuki Kindaichi]

Kindachi looks pleased at the Seppun's response. Not that he was displeased with his cousin's, but his cousin likely needed less encouragement to get into the spirit of things.

"Ahhh, thus Seppun-sama introduces another viewpoint. Rather than seeing the merchant as a feather on the scale tipping the balance, the merchant's testimony is not merely discounted, but actively ties the merchant's fate to the duel. It reminds me of the famous argument in court where an inexperienced investigator attempted to introduce a peasant's testimony against a powerful and well spoken Ikoma bard." he offers.

'A peasant testifies against me? Give me an hour and a bag of koku and I shall return with a dozen peasants proclaiming my innocence!" he quotes. It lacks a little, his quote accurate, but doesn't quite embody a defiant Ikoma bard, certainly not as his level of skill.

Kindachi shook his head.

"It did not go well for the inexperienced investigator. However, it IS possible to try a samurai with a sufficient number of peasant testimonies. But the exact number of peasant testimonies varies from magistrate to magistrate. For some it might be a few dozen, for some a village, and some would label a village of peasants taking action against a samurai as a rebellion, not the forming of a well-documented case against a wrongdoer." he adds.

[Kitsuki Ketsudan]

"It would also depend upon the allegiances of those involved," Ketsudan comments. "Or I recall Father saying something to that effect. Peasants in Dragon lands testifying against a Dragon might be seen as rebellious, while those in Lion lands making the same accounts might not be."