by Anthology
"Judge Pendarvis? Good morning, sir."
"Good morning, sergeant. Just why are Federation Marines guarding the court building?"
"Standing by, sir. Orders of Commodore Napier. You'll find that Marshal Fane's people are in charge below-decks, but Marine Captain Casagra and Navy Captain Greibenfeld are waiting to see you in your office."
As he started toward the elevators, a big Zarathustra Company car was coming in. The sergeant turned quickly, beckoned a couple of his men and went toward it on the double. He wondered what Leslie Coombes would think about those Marines.
The two officers in his private chambers were both wearing sidearms. So, also, was Marshal Fane, who was with them. They all rose to greet him, sitting down when he was at his desk. He asked the same question he had of the sergeant above.
"Well, Constabulary Colonel Ferguson called Commodore Napier last evening and requested armed assistance, your Honor," the officer in Space Navy black said. "He suspected, he said, that the city had been infiltrated. In that, your Honor, he was perfectly correct; beginning Wednesday afternoon, Marine Captain Casagra, here, on Commodore Napier's orders, began landing a Marine infiltration force, preparatory to taking over the Residency. That's been accomplished now; Commodore Napier is there, and both Resident General Emmert and Attorney General O'Brien are under arrest, on a variety of malfeasance and corrupt-practice charges, but that won't come into your Honor's court. They'll be sent back to Terra for trial."
"Then Commodore Napier's taken over the civil government?"
"Well, say he's assumed control of it, pending the outcome of this trial. We want to know whether the present administration's legal or not."
"Then you won't interfere with the trial itself?"
"That depends, your Honor. We are certainly going to participate." He looked at his watch. "You won't convene court for another hour? Then perhaps I'll have time to explain."
* * * * *
Max Fane met them at the courtroom door with a pleasant greeting. Then he saw Baby Fuzzy on Jack's shoulder and looked dubious.
"I don't know about him, Jack. I don't think he'll be allowed in the courtroom."
"Nonsense!" Gus Brannhard told him. "I admit, he is both a minor child and an incompetent aborigine, but he is the only surviving member of the family of the decedent Jane Doe alias Goldilocks, and as such has an indisputable right to be present."
"Well, just as long as you keep him from sitting on people's heads. Gus, you and Jack sit over there; Ben, you and Gerd find seats in the witness section."
It would be half an hour till court would convene, but already the spectators' seats were full, and so was the balcony. The jury box, on the left of the bench, was occupied by a number of officers in Navy black and Marine blue. Since there would be no jury, they had apparently appropriated it for themselves. The press box was jammed and bristling with equipment.
Baby was looking up interestedly at the big screen behind the judges' seats; while transmitting the court scene to the public, it also showed, like a nonreversing mirror, the same view to the spectators. Baby wasn't long in identifying himself in it, and waved his arms excitedly. At that moment, there was a bustle at the door by which they had entered, and Leslie Coombes came in, followed by Ernst Mallin and a couple of his assistants, Ruth Ortheris, Juan Jimenez--and Leonard Kellogg. The last time he had seen Kellogg had been at George Lunt's complaint court, his face bandaged and his feet in a pair of borrowed moccasins because his shoes, stained with the blood of Goldilocks, had been impounded as evidence.
Coombes glanced toward the table where he and Brannhard were sitting, caught sight of Baby waving to himself in the big screen and turned to Fane with an indignant protest. Fane shook his head. Coombes protested again, and drew another headshake. Finally he shrugged and led Kellogg to the table reserved for them, where they sat down.
Once Pendarvis and his two associates--a short, roundfaced man on his right, a tall, slender man with white hair and a black mustache on his left--were seated, the trial got underway briskly. The charges were read, and then Brannhard, as the Kellogg prosecutor, addressed the court--"being known as Goldilocks ... sapient member of a sapient race ... willful and deliberate act of the said Leonard Kellogg ... brutal and unprovoked murder." He backed away, sat on the edge of the table and picked up Baby Fuzzy, fondling him while Leslie Coombes accused Jack Holloway of brutally assaulting the said Leonard Kellogg and ruthlessly shooting down Kurt Borch.
"Well, gentlemen, I believe we can now begin hearing the witnesses," the Chief Justice said. "Who will start prosecuting whom?"
Gus handed Baby to Jack and went forward: Coombes stepped up beside him.
"Your Honor, this entire trial hinges upon the question of whether a member of the species Fuzzy fuzzy holloway zarathustra is or is not a sapient being," Gus said. "However, before any attempt is made to determine this question, we should first establish, by testimony, just what happened at Holloway's Camp, in Cold Creek Valley, on the afternoon of June 19, Atomic Era Six Fifty-Four, and once this is established, we can then proceed to the question of whether or not the said Goldilocks was truly a sapient being."
"I agree," Coombes said equably. "Most of these witnesses will have to be recalled to the stand later, but in general I think Mr. Brannhard's suggestion will be economical of the court's time."
"Will Mr. Coombes agree to stipulate that any evidence tending to prove or disprove the sapience of Fuzzies in general be accepted as proving or disproving the sapience of the being referred to as Goldilocks?"
Coombes looked that over carefully, decided that it wasn't booby-trapped and agreed. A deputy marshal went over to the witness stand, made some adjustments and snapped on a switch at the back of the chair. Immediately the two-foot globe in a standard behind it lit, a clear blue. George Lunt's name was called; the lieutenant took his seat and the bright helmet was let down over his head and the electrodes attached.
The globe stayed a calm, untroubled blue while he stated his name and rank. Then he waited while Coombes and Brannhard conferred. Finally Brannhard took a silver half-sol piece from his pocket, shook it between cupped palms and slapped it onto his wrist. Coombes said, "Heads," and Brannhard uncovered it, bowed slightly and stepped back.
"Now, Lieutenant Lunt," Coombes began, "when you arrived at the temporary camp across the run from Holloway's camp, what did you find there?"
"Two dead people," Lunt said. "A Terran human, who had been shot three times through the chest, and a Fuzzy, who had been kicked or trampled to death."
"Your Honors!" Coombes expostulated, "I must ask that the witness be requested to rephrase his answer, and that the answer he has just made be stricken from the record. The witness, under the circumstances, has no right to refer to the Fuzzies as 'people.'"
"Your Honors," Brannhard caught it up, "Mr. Coombes's objection is no less prejudicial. He has no right, under the circumstances, to deny that the Fuzzies be referred to as 'people.' This is tantamount to insisting that the witness speak of them as nonsapient animals."
It went on like that for five minutes. Jack began doodling on a notepad. Baby picked up a pencil with both hands and began making doodles too. They looked rather like the knots he had been learning to tie. Finally, the court intervened and told Lunt to tell, in his own words, why he went to Holloway's camp, what he found there, what he was told and what he did. There was some argument between Coombes and Brannhard, at one point, about the difference between hearsay and res gestae. When he was through, Coombes said, "No questions."
"Lieutenant, you placed Leonard Kellogg under arrest on a complaint of homicide by Jack Holloway. I take it that you considered this complaint a valid one?"
"Yes, sir. I believed that Leonard Kellogg had killed a sapient being. Only sapient beings bury their dead."
Ahmed Khadra testified. The two troopers who had come in the other car, and the men who had brought the investigative equipment and done the photographing at the scene testified. Brannhar
d called Ruth Ortheris to the stand, and, after some futile objections by Coombes, she was allowed to tell her own story of the killing of Goldilocks, the beating of Kellogg and the shooting of Borch. When she had finished, the Chief Justice rapped with his gavel.
"I believe that this testimony is sufficient to establish the fact that the being referred to as Jane Doe alias Goldilocks was in fact kicked and trampled to death by the defendant Leonard Kellogg, and that the Terran human known as Kurt Borch was in fact shot to death by Jack Holloway. This being the case, we may now consider whether or not either or both of these killings constitute murder within the meaning of the law. It is now eleven forty. We will adjourn for lunch, and court will reconvene at fourteen hundred. There are a number of things, including some alterations to the courtroom, which must be done before the afternoon session.... Yes, Mr. Brannhard?"
"Your Honors, there is only one member of the species _Fuzzy fuzzy holloway zarathustra_ at present in court, an immature and hence nonrepresentative individual." He picked up Baby and exhibited him. "If we are to take up the question of the sapience of this species, or race, would it not be well to send for the Fuzzies now staying at the Hotel Mallory and have them on hand?"
"Well, Mr. Brannhard," Pendarvis said, "we will certainly want Fuzzies in court, but let me suggest that we wait until after court reconvenes before sending for them. It may be that they will not be needed this afternoon. Anything else?" He tapped with his gavel. "Then court is adjourned until fourteen hundred."
* * * * *
Some alterations in the courtroom had been a conservative way of putting it. Four rows of spectators' seats had been abolished, and the dividing rail moved back. The witness chair, originally at the side of the bench, had been moved to the dividing rail and now faced the bench, and a large number of tables had been brought in and ranged in an arc with the witness chair in the middle of it. Everybody at the tables could face the judges, and also see everybody else by looking into the big screen. A witness on the chair could also see the veridicator in the same way.
Gus Brannhard looked around, when he entered with Jack, and swore softly.
"No wonder they gave us two hours for lunch. I wonder what the idea is." Then he gave a short laugh. "Look at Coombes; he doesn't like it a bit."
A deputy with a seating diagram came up to them.
"Mr. Brannhard, you and Mr. Holloway over here, at this table." He pointed to one a little apart from the others, at the extreme right facing the bench. "And Dr. van Riebeek, and Dr. Rainsford over here, please."
The court crier's loud-speaker, overhead, gave two sharp whistles and began:
"Now hear this! Now hear this! Court will convene in five minutes--"
Brannhard's head jerked around instantly, and Jack's eyes followed his. The court crier was a Space Navy petty officer.
"What the devil is this?" Brannhard demanded. "A Navy court-martial?"
"That's what I've been wondering, Mr. Brannhard," the deputy said. "They've taken over the whole planet, you know."
"Maybe we're in luck, Gus. I've always heard that if you're innocent you're better off before a court-martial and if you're guilty you're better off in a civil court."
He saw Leslie Coombes and Leonard Kellogg being seated at a similar table at the opposite side of the bench. Apparently Coombes had also heard that. The seating arrangements at the other tables seemed a little odd too. Gerd van Riebeek was next to Ruth Ortheris, and Ernst Mallin was next to Ben Rainsford, with Juan Jimenez on his other side. Gus was looking up at the balcony.
"I'll bet every lawyer on the planet's taking this in," he said. "Oh-oh! See the white-haired lady in the blue dress, Jack? That's the Chief Justice's wife. This is the first time she's been in court for years."
"Hear ye! Hear ye! Hear ye! Rise for the Honorable Court!"
Somebody must have given the petty officer a quick briefing on courtroom phraseology. He stood up, holding Baby Fuzzy, while the three judges filed in and took their seats. As soon as they sat down, the Chief Justice rapped briskly with his gavel.
"In order to forestall a spate of objections, I want to say that these present arrangements are temporary, and so will be the procedures which will be followed. We are not, at the moment, trying Jack Holloway or Leonard Kellogg. For the rest of this day, and, I fear, for a good many days to come, we will be concerned exclusively with determining the level of mentation of Fuzzy fuzzy holloway zarathustra.
"For this purpose, we are temporarily abandoning some of the traditional trial procedures. We will call witnesses; statements of purported fact will be made under veridication as usual. We will also have a general discussion, in which all of you at these tables will be free to participate. I and my associates will preside; as we can't have everybody shouting disputations at once, anyone wishing to speak will have to be recognized. At least, I hope we will be able to conduct the discussion in this manner.
"You will all have noticed the presence of a number of officers from Xerxes Naval Base, and I suppose you have all heard that Commodore Napier has assumed control of the civil government. Captain Greibenfeld, will you please rise and be seen? He is here participating as amicus curiae, and I have given him the right to question witnesses and to delegate that right to any of his officers he may deem proper. Mr. Coombes and Mr. Brannhard may also delegate that right as they see fit."
Coombes was on his feet at once. "Your Honors, if we are now to discuss the sapience question, I would suggest that the first item on our order of business be the presentation of some acceptable definition of sapience. I should, for my part, very much like to know what it is that the Kellogg prosecution and the Holloway defense mean when they use that term."
That's it. They want us to define it. Gerd van Riebeek was looking chagrined; Ernst Mallin was smirking. Gus Brannhard, however, was pleased.
"Jack, they haven't any more damn definition than we do," he whispered.
Captain Greibenfeld, who had seated himself after rising at the request of the court, was on his feet again.
"Your Honors, during the past month we at Xerxes Naval Base have been working on exactly that problem. We have a very considerable interest in having the classification of this planet established, and we also feel that this may not be the last time a question of disputable sapience may arise. I believe, your Honors, that we have approached such a definition. However, before we begin discussing it, I would like the court's permission to present a demonstration which may be of help in understanding the problems involved."
"Captain Greibenfeld has already discussed this demonstration with me, and it has my approval. Will you please proceed, Captain," the Chief Justice said.
Greibenfeld nodded, and a deputy marshal opened the door on the right of the bench. Two spacemen came in, carrying cartons. One went up to the bench; the other started around in front of the tables, distributing small battery-powered hearing aids.
"Please put them in your ears and turn them on," he said. "Thank you."
Baby Fuzzy tried to get Jack's. He put the plug in his ear and switched on the power. Instantly he began hearing a number of small sounds he had never heard before, and Baby was saying to him: "_He-inta sa-wa'aka; igga sa geeda?_"
"Muhgawd, Gus, he's talking!"
"Yes, I hear him; what do you suppose--?"
"Ultrasonic; God, why didn't we think of that long ago?"
He snapped off the hearing aid. Baby Fuzzy was saying, "Yeeek." When he turned it on again, Baby was saying, "Kukk-ina za zeeva."
"No, Baby, Pappy Jack doesn't understand. We'll have to be awfully patient, and learn each other's language."
"Pa-pee Jaaak!" Baby cried. "_Ba-bee za-hinga; Pa-pee Jaak za zag ga he-izza!_"
"That yeeking is just the audible edge of their speech; bet we have a lot of transsonic tones in our voices, too."
"Well, he can hear what we say; he's picked up his name and yours."
"Mr. Brannhard, Mr. Holloway," Judge Pendarvis was saying, "may we please have y
our attention? Now, have you all your earplugs in and turned on? Very well; carry on, Captain."
This time, an ensign went out and came back with a crowd of enlisted men, who had six Fuzzies with them. They set them down in the open space between the bench and the arc of tables and backed away. The Fuzzies drew together into a clump and stared around them, and he stared, unbelievingly, at them. They couldn't be; they didn't exist any more. But they were--Little Fuzzy and Mamma Fuzzy and Mike and Mitzi and Ko-Ko and Cinderella. Baby whooped something and leaped from the table, and Mamma came stumbling to meet him, clasping him in her arms. Then they all saw him and began clamoring: "Pa-pee Jaaak! Pa-pee Jaaak!"
He wasn't aware of rising and leaving the table; the next thing he realized, he was sitting on the floor, his family mobbing him and hugging him, gabbling with joy. Dimly he heard the gavel hammering, and the voice of Chief Justice Pendarvis: "Court is recessed for ten minutes!" By that time, Gus was with him; gathering the family up, they carried them over to their table.
They stumbled and staggered when they moved, and that frightened him for a moment. Then he realized that they weren't sick or drugged. They'd just been in low-G for a while and hadn't become reaccustomed to normal weight. Now he knew why he hadn't been able to find any trace of them. He noticed that each of them was wearing a little shoulder bag--a Marine Corps first-aid pouch--slung from a webbing strap. Why the devil hadn't he thought of making them something like that? He touched one and commented, trying to pitch his voice as nearly like theirs as he could. They all babbled in reply and began opening the little bags and showing him what they had in them--little knives and miniature tools and bits of bright or colored junk they had picked up. Little Fuzzy produced a tiny pipe with a hardwood bowl, and a little pouch of tobacco from which he filled it. Finally, he got out a small lighter.
"Your Honors!" Gus shouted, "I know court is recessed, but please observe what Little Fuzzy is doing."