The next day Asgrim, and Gizur the White, and Hjallti Skeggi's son, and Einar of Thvera, met together. There, too, was Mord Valgard's son; he had then let the suit fall from his hand, and given it over to the sons of Sigfus.
Then Asgrim spoke.
"Thee first I speak to about this matter, Gizur the White and thee Hjallti, and thee Einar, that I may tell you how the suit stands. It will be known to all of you that Mord took up the suit, but the truth of the matter is, that Mord was at Hauskuld's slaying, and wounded him with that wound, for giving which no man was named. It seems to me, then, that this suit must come to naught by reason of a lawful flaw."
"Then we will plead it at once," says Hjallti.
"It is not good counsel," said Thorhall Asgrim's son, "that this should not be hidden until the courts are set."
"How so?" asks Hjallti.
"If," said Thorhall, "they knew now at once that the suit has been wrongly set on foot, then they may still save the suit by sending a man home from the Thing, and summoning the neighbours from home over again, and calling on them to ride to the Thing, and then the suit will be lawfully set on foot."
"Thou art a wise man, Thorhall," say they, "and we will take thy counsel."
After that each man went to his booth.
The sons of Sigfus gave notice of their suits at the Hill of Laws, and asked in what Quarter Courts they lay, and in what house in the district the defendants dwelt. But on the Friday night the courts were to go out to try suits, and so the Thing was quiet up to that day.
Many sought to bring about an atonement between them, but Flosi was steadfast; but others were still more wordy, and things looked ill.
Now the time comes when the courts were to go out, on the Friday evening. Then the whole body of men at the Thing went to the courts. Flosi stood south at the court of the men of Rangriver, and his band with him. There with him was Hall of the Side, and Runolf of the Dale, Wolf Aurpriest's son, and those other men who had promised Flosi help.
But north of the court of the men of Rangriver stood Asgrim Ellidagrim's son, and Gizur the White, Hjallti Skeggi's son, and Einar of Thvera. But Njal's sons were at home at their booth, and Kari and Thorleif Crow, and Thorgeir Craggeir, and Thorgrim the Big. They sate all with their weapons, and their band looked safe from onslaught.
Njal had already prayed the judges to go into the court, and now the sons of Sigfus plead their suit. They took witness and bade Njal's sons to listen to their oath; after that they took their oath, and then they declared their suit; then they brought forward witness of the notice, then they bade the neighbours on the inquest to take their seats, then they called on Njal's sons to challenge the inquest.
Then up stood Thorhall Asgrim's son, and took witness, and forbade the inquest by a protest to utter their finding; and his ground was, that he who had given notice of the suit was truly under the ban of the law, and was himself an outlaw.
"Of whom speakest thou this?" says Flosi.
"Mord Valgard's son," said Thorhall, "fared to Hauskuld's slaying with Njal's sons, and wounded him with that wound for which no man was named when witness was taken to the death-wounds; and ye can say nothing against this, and so the suit comes to naught."