IX
Jack Holloway saw Little Fuzzy eying the pipe he had laid in the ashtray,and picked it up, putting it in his mouth. Little Fuzzy lookedreproachfully at him and started to get down onto the floor. Pappy Jackwas mean; didn't he think a Fuzzy might want to smoke a pipe, too? Well,maybe it wouldn't hurt him. He picked Little Fuzzy up and set him back onhis lap, offering the pipestem. Little Fuzzy took a puff. He didn't coughover it; evidently he had learned how to avoid inhaling.
"They scheduled the Kellogg trial first," Gus Brannhard was saying, "andthere wasn't any way I could stop that. You see what the idea is? They'lltry him first, with Leslie Coombes running both the prosecution and thedefense, and if they can get him acquitted, it'll prejudice the sapienceevidence we introduce in your trial."
Mamma Fuzzy made another try at intercepting the drink he was hoisting,but he frustrated that. Baby had stopped trying to sit on his head, andwas playing peek-a-boo from behind his whiskers.
"First," he continued, "they'll exclude every bit of evidence about theFuzzies that they can. That won't be much, but there'll be a fight to getany of it in. What they can't exclude, they'll attack. They'll attackcredibility. Of course, with veridication, they can't claim anybody'slying, but they can claim self-deception. You make a statement youbelieve, true or false, and the veridicator'll back you up on it. They'llattack qualifications on expert testimony. They'll quibble aboutstatements of fact and statements of opinion. And what they can't excludeor attack, they'll accept, and then deny that it's proof of sapience.
"What the hell do they want for proof of sapience?" Gerd demanded."Nuclear energy and contragravity and hyperdrive?"
"They will have a nice, neat, pedantic definition of sapience, tailoredespecially to exclude the Fuzzies, and they will present it in court andtry to get it accepted, and it's up to us to guess in advance what thatwill be, and have a refutation of it ready, and also a definition of ourown."
"Their definition will have to include Khooghras. Gerd, do the Khooghrasbury their dead?"
"Hell, no; they eat them. But you have to give them this, they cook themfirst."
"Look, we won't get anywhere arguing about what Fuzzies do and Khooghrasdon't do," Rainsford said. "We'll have to get a definition of sapience.Remember what Ruth said Saturday night?"
Gerd van Riebeek looked as though he didn't want to remember what Ruth hadsaid, or even remember Ruth herself. Jack nodded, and repeated it. "I gotthe impression of non-sapient intelligence shading up to a sharp line, andthen sapience shading up from there, maybe a different color, or wavylines instead of straight ones."
"That's a good graphic representation," Gerd said. "You know, that line'sso sharp I'd be tempted to think of sapience as a result of mutation,except that I can't quite buy the same mutation happening in the same wayon so many different planets."
Ben Rainsford started to say something, then stopped short when aconstabulary siren hooted over the camp. The Fuzzies looked upinterestedly. They knew what that was. Pappy Jack's friends in the blueclothes. Jack went to the door and opened it, putting the outside lighton.
The car was landing; George Lunt, two of his men and two men in civilianclothes were getting out. Both the latter were armed, and one of themcarried a bundle under his arm.
"Hello, George; come on in."
"We want to talk to you, Jack." Lunt's voice was strained, empty of warmthor friendliness. "At least, these men do."
"Why, yes. Sure."
He backed into the room to permit them to enter. Something was wrong;something bad had come up. Khadra came in first, placing himself besideand a little behind him. Lunt followed, glancing quickly around andplacing himself between Jack and the gunrack and also the holsteredpistols on the table. The third trooper let the two strangers in ahead ofhim, and then closed the door and put his back against it. He wondered ifthe court might have cancelled his bond and ordered him into custody. Thetwo strangers--a beefy man with a scrubby black mustache, and a smallerone with a thin, saturnine face--were looking expectantly at Lunt.Rainsford and van Riebeek were on their feet. Gus Brannhard leaned over torefill his glass, but did not rise.
"Let me have the papers," Lunt said to the beefy stranger.
The other took a folded document and handed it over.
"Jack, this isn't my idea," Lunt said. "I don't want to do it, but I haveto. I wouldn't want to shoot you, either, but you make any resistance andI will. I'm no Kurt Borch; I know you, and I won't take any chances."
"If you're going to serve that paper, serve it," the bigger of the twostrangers said. "Don't stand yakking all night."
"Jack," Lunt said uncomfortably, "this is a court order to impound yourFuzzies as evidence in the Kellogg case. These men are deputy marshalsfrom Central Courts; they've been ordered to bring the Fuzzies intoMallorysport."
"Let me see the order, Jack," Brannhard said, still remaining seated.
Lunt handed it to Jack, and he handed it across to Brannhard. Gus had beendrinking steadily all evening; maybe he was afraid he'd show it if hestood up. He looked at it briefly and nodded.
"Court order, all right, signed by the Chief Justice." He handed it back."They have to take the Fuzzies, and that's all there is to it. Keep thatorder, though, and make them give you a signed and thumbprinted receipt.Type it up for them now, Jack."
Gus wanted to busy him with something, so he wouldn't have to watch whatwas going on. The smaller of the two deputies had dropped the bundle fromunder his arm. It was a number of canvas sacks. He sat down at thetypewriter, closing his ears to the noises in the room, and wrote thereceipt, naming the Fuzzies and describing them, and specifying that theywere in good health and uninjured. One of them tried to climb to his lap,yeeking frantically; it clutched his shirt, but it was snatched away. Hewas finished with his work before the invaders were with theirs. They hadthree Fuzzies already in sacks. Khadra was catching Cinderella. Ko-Ko andLittle Fuzzy had run for the little door in the outside wall, but Lunt wasstanding with his heels against it, holding it shut; when they saw that,both of them began burrowing in the bedding. The third trooper and thesmaller of the two deputies dragged them out and stuffed them into sacks.
He got to his feet, still stunned and only half comprehending, and tookthe receipt out of the typewriter. There was an argument about it; Lunttold the deputies to sign it or get the hell out without the Fuzzies. Theysigned, inked their thumbs and printed after their signatures. Jack gavethe paper to Gus, trying not to look at the six bulging, writhing sacks,or hear the frightened little sounds.
"George, you'll let them have some of their things, won't you?" he asked.
"Sure. What kind of things?"
"Their bedding. Some of their toys."
"You mean this junk?" The smaller of the two deputies kicked theball-and-stick construction. "All we got orders to take is the Fuzzies."
"You heard the gentleman." Lunt made the word sound worse than son of aKhooghra. He turned to the two deputies. "Well, you have them; what areyou waiting for?"
Jack watched from the door as they put the sacks into the aircar, climbedin after them and lifted out. Then he came back and sat down at the table.
"They don't know anything about court orders," he said. "They don't knowwhy I didn't stop it. They think Pappy Jack let them down."
"Have they gone, Jack?" Brannhard asked. "Sure?" Then he rose, reachingbehind him, and took up a little ball of white fur. Baby Fuzzy caught hisbeard with both tiny hands, yeeking happily.
"Baby! They didn't get him!"
Brannhard disengaged the little hands from his beard and handed him over.
"No, and they signed for him, too." Brannhard downed what was left of hisdrink, got a cigar out of his pocket and lit it. "Now, we're going to goto Mallorysport and get the rest of them back."
"But.... But the Chief Justice signed that order. He won't give them backjust because we ask him to."
Brannhard made an impolite noise. "I'll bet everything I own Pendarvisnever saw that order. The
y have stacks of those things, signed in blank,in the Chief of the Court's office. If they had to wait to get one of thejudges to sign an order every time they wanted to subpoena a witness orimpound physical evidence, they'd never get anything done. If Ham O'Briendidn't think this up for himself, Leslie Coombes thought it up for him."
"We'll use my airboat," Gerd said. "You coming along, Ben? Let's getstarted."
* * * * *
He couldn't understand. The Big Ones in the blue clothes had been friends;they had given the whistles, and shown sorrow when the killed one was putin the ground. And why had Pappy Jack not gotten the big gun and stoppedthem. It couldn't be that he was afraid; Pappy Jack was afraid of nothing.
The others were near, in bags like the one in which he had been put; hecould hear them, and called to them. Then he felt the edge of the littleknife Pappy Jack had made. He could cut his way out of this bag now andfree the others, but that would be no use. They were in one of the thingsthe Big Ones went up into the sky in, and if he got out now, there wouldbe nowhere to go and they would be caught at once. Better to wait.
The one thing that really worried him was that he would not know wherethey were being taken. When they did get away, how would they ever findPappy Jack again?
* * * * *
Gus Brannhard was nervous, showing it by being overtalkative, and thatworried Jack. He'd stopped twice at mirrors along the hallway to make surethat his gold-threaded gray neckcloth was properly knotted and that hisblack jacket was zipped up far enough and not too far. Now, in front ofthe door marked THE CHIEF JUSTICE, he paused before pushing the button tofluff his newly shampooed beard.
There were two men in the Chief Justice's private chambers. Pendarvis hehad seen once or twice, but their paths had never crossed. He had a goodface, thin and ascetic, the face of a man at peace with himself. With himwas Mohammed Ali O'Brien, who seemed surprised to see them enter, and thenapprehensive. Nobody shook hands; the Chief Justice bowed slightly andinvited them to be seated.
"Now," he continued, when they found chairs, "Miss Ugatori tells me thatyou are making complaint against an action by Mr. O'Brien here."
"We are indeed, your Honor." Brannhard opened his briefcase and producedtwo papers--the writ, and the receipt for the Fuzzies, handing them acrossthe desk. "My client and I wish to know upon what basis of legality yourHonor sanctioned this act, and by what right Mr. O'Brien sent his officersto Mr. Holloway's camp to snatch these little people from their friend andprotector, Mr. Holloway."
The judge looked at the two papers. "As you know, Miss Ugatori took printsof them when you called to make this appointment. I've seen them. Butbelieve me, Mr. Brannhard, this is the first time I have seen the originalof this writ. You know how these things are signed in blank. It's apractice that has saved considerable time and effort, and until now theyhave only been used when there was no question that I or any other judgewould approve. Such a question should certainly have existed in this case,because had I seen this writ I would never have signed it." He turned tothe now fidgeting Chief Prosecutor. "Mr. O'Brien," he said, "one simplydoes not impound sapient beings as evidence, as, say, one impounds aveldbeest calf in a brand-alteration case. The fact that the sapience ofthese Fuzzies is still _sub judice_ includes the presumption of itspossibility. Now you know perfectly well that the courts may take noaction in the face of the possibility that some innocent person may sufferwrong."
"And, your Honor," Brannhard leaped into the breach, "it cannot be deniedthat these Fuzzies have suffered a most outrageous wrong! Picturethem--no, picture innocent and artless children, for that is what theseFuzzies are, happy trusting little children, who, until then, had knownonly kindness and affection--rudely kidnapped, stuffed into sacks bybrutal and callous men--"
"Your Honor!" O'Brien's face turned even blacker than the hot sun of Agnihad made it. "I cannot hear officers of the court so characterized withoutraising my voice in protest!"
"Mr. O'Brien seems to forget that he is speaking in the presence of twoeye witnesses to this brutal abduction."
"If the officers of the court need defense, Mr. O'Brien, the court willdefend them. I believe that you should presently consider a defense ofyour own actions."
"Your Honor, I insist that I only acted as I felt to be my duty," O'Briensaid. "These Fuzzies are a key exhibit in the case of _People_ versus_Kellogg_, since only by demonstration of their sapience can anyprosecution against the defendant be maintained."
"Then why," Brannhard demanded, "did you endanger them in this criminallyreckless manner?"
"Endanger them?" O'Brien was horrified. "Your Honor, I acted only toinsure their safety and appearance in court."
"So you took them away from the only man on this planet who knows anythingabout their proper care, a man who loves them as he would his own humanchildren, and you subjected them to abuse, which, for all you knew, mighthave been fatal to them."
Judge Pendarvis nodded. "I don't believe, Mr. Brannhard, that you haveoverstated the case. Mr. O'Brien, I take a very unfavorable view of youraction in this matter. You had no right to have what are at leastputatively sapient beings treated in this way, and even viewing them asmere physical evidence I must agree with Mr. Brannhard's characterizationof your conduct as criminally reckless. Now, speaking judicially, I orderyou to produce those Fuzzies immediately and return them to the custody ofMr. Holloway."
"Well, of course, your Honor." O'Brien had been growing progressivelydistraught, and his face now had the gray-over-brown hue of a walnutgunstock that has been out in the rain all day. "It'll take an hour or soto send for them and have them brought here."
"You mean they're not in this building?" Pendarvis asked.
"Oh, no, your Honor, there are no facilities here. I had them taken toScience Center--"
"_What?_"
Jack had determined to keep his mouth shut and let Gus do the talking. Theexclamation was literally forced out of him. Nobody noticed; it had alsobeen forced out of both Gus Brannhard and Judge Pendarvis. Pendarvisleaned forward and spoke with dangerous mildness:
"Do you refer, Mr. O'Brien, to the establishment of the Division ofScientific Study and Research of the chartered Zarathustra Company?"
"Why, yes; they have facilities for keeping all kinds of live animals, andthey do all the scientific work for--"
Pendarvis cursed blasphemously. Brannhard looked as startled as though hisown briefcase had jumped at his throat and tried to bite him. He didn'tlook half as startled as Ham O'Brien did.
"So you think," Pendarvis said, recovering his composure with visibleeffort, "that the logical custodian of prosecution evidence in a murdertrial is the defendant? Mr. O'Brien, you simply enlarge my view of thepossible!"
"The Zarathustra Company isn't the defendant," O'Brien argued sullenly.
"Not of record, no," Brannhard agreed. "But isn't the ZarathustraCompany's scientific division headed by one Leonard Kellogg?"
"Dr. Kellogg's been relieved of his duties, pending the outcome of thetrial. The division is now headed by Dr. Ernst Mallin."
"Chief scientific witness for the defense; I fail to see any practicaldifference."
"Well, Mr. Emmert said it would be all right," O'Brien mumbled.
"Jack, did you hear that?" Brannhard asked. "Treasure it in your memory.You may have to testify to it in court sometime." He turned to the ChiefJustice. "Your Honor, may I suggest the recovery of these Fuzzies beentrusted to Colonial Marshal Fane, and may I further suggest that Mr.O'Brien be kept away from any communication equipment until they arerecovered."
"That sounds like a prudent suggestion, Mr. Brannhard. Now, I'll give youan order for the surrender of the Fuzzies, and a search warrant, just tobe on the safe side. And, I think, an Orphans' Court form naming Mr.Holloway as guardian of these putatively sapient beings. What are theirnames? Oh, I have them here on this receipt." He smiled pleasantly. "See,Mr. O'Brien, we're saving you a lot of trouble."
&nb
sp; O'Brien had little enough wit to protest. "But these are the defendant andhis attorney in another murder case I'm prosecuting," he began.
Pendarvis stopped smiling. "Mr. O'Brien, I doubt if you'll be allowed toprosecute anything or anybody around here any more, and I am specificallyrelieving you of any connection with either the Kellogg or the Hollowaytrial, and if I hear any argument out of you about it, I will issue abench warrant for your arrest on charges of malfeasance in office."
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