jack holloway had been out on bail before, but never for quite so much. it was almost worth it, though, to see leslie coombes’s eyes widen and mohammed ali o’brien’s jaw drop when he dumped the bag of sunstones, blazing with the heat of the day and of his body, on george lunt’s magisterial bench and invited george to pick out twenty-five thousand sols’ worth. especially after the production coombes had made of posting kellogg’s bail with one of those precertified company checks.
he looked at the whisky bottle in his hand, and then reached into the cupboard for another one. one for gus brannhard, and one for the rest of them. there was a widespread belief that that was why gustavus adolphus brannhard was practicing sporadic law out here in the boondocks of a boondock planet, defending gun fighters and veldbeest rustlers. it wasn’t. nobody on zarathustra knew the reason, but it wasn’t whisky. whisky was only the weapon with which gus brannhard fought off the memory of the reason.
he was in the biggest chair in the living room, which was none too ample for him; a mountain of a man with tousled gray-brown hair, his broad face masked in a tangle of gray-brown beard. he wore a faded and grimy bush jacket with clips of rifle cartridges on the breast, no shirt and a torn undershirt over a shag of gray-brown chest hair. between the bottoms of his shorts and the tops of his ragged hose and muddy boots, his legs were covered with hair. baby fuzzy was sitting on his head, and mamma fuzzy was on his lap. mike and mitzi sat one on either knee. the fuzzies had taken instantly to gus. bet they thought he was a big fuzzy.
“aaaah!” he rumbled, as the bottle and glass were placed beside him. “been staying alive for hours hoping for this.”
“well, don’t let any of the kids get at it. little fuzzy trying to smoke pipes is bad enough; i don’t want any dipsos in the family, too.”
gus filled the glass. to be on the safe side, he promptly emptied it into himself.
“you got a nice family, jack. make a wonderful impression in court—as long as baby doesn’t try to sit on the judge’s head. any jury that sees them and hears that ortheris girl’s story will acquit you from the box, with a vote of censure for not shooting kellogg, too.”
“i’m not worried about that. what i want is kellogg convicted.”
“you better worry, jack,” rainsford said. “you saw the combination against us at the hearing.”
leslie coombes, the company’s top attorney, had come out from mallorysport in a yacht rated at mach 6, and he must have crowded it to the limit all the way. with him, almost on a leash, had come mohammed ali o’brien, the colonial attorney general, who doubled as chief prosecutor. they had both tried to get the whole thing dismissed—self-defense for holloway, and killing an unprotected wild animal for kellogg. when that had failed, they had teamed in flagrant collusion to fight the inclusion of any evidence about the fuzzies. after all it was only a complaint court; lieutenant lunt, as a police magistrate, had only the most limited powers.
“you saw how far they got, didn’t you?”
“i hope we don’t wish they’d succeeded,” rainsford said gloomily.
“what do you mean, ben?” brannhard asked. “what do you think they’ll do?”
“i don’t know. that’s what worries me. we’re threatening the zarathustra company, and the company’s too big to be threatened safely,” rainsford replied. “they’ll try to frame something on jack.”
“with veridication? that’s ridiculous, ben.”
“don’t you think we can prove sapience?” gerd van riebeek demanded.
“who’s going to define sapience? and how?” rainsford asked. “why, between them, coombes and o’brien can even agree to accept the talk-and-build-a-fire rule.”
“huh-uh!” brannhard was positive. “court ruling on that, about forty years ago, on vishnu. infanticide case, woman charged with murder in the death of her infant child. her lawyer moved for dismissal on the grounds that murder is defined as the killing of a sapient being, a sapient being is defined as one that can talk and build a fire, and a newborn infant can do neither. motion denied; the court ruled that while ability to speak and produce fire is positive proof of sapience, inability to do either or both does not constitute legal proof of nonsapience. if o’brien doesn’t know that, and i doubt if he does, coombes will.” brannhard poured another drink and gulped it before the sapient beings around him could get at it. “you know what? i will make a small wager, and i will even give odds, that the first thing ham o’brien does when he gets back to mallorysport will be to enter nolle prosequi on both charges. what i’d like would be for him to nol. pros. kellogg and let the charge against jack go to court. he would be dumb enough to do that himself, but leslie coombes wouldn’t let him.”
“but if he throws out the kellogg case, that’s it,” gerd van riebeek said. “when jack comes to trial, nobody’ll say a mumblin’ word about sapience.”
“i will, and i will not mumble it. you all know colonial law on homicide. in the case of any person killed while in commission of a felony, no prosecution may be brought in any degree, against anybody. i’m going to contend that leonard kellogg was murdering a sapient being, that jack holloway acted lawfully in attempting to stop it and that when kurt borch attempted to come to kellogg’s assistance he, himself, was guilty of felony, and consequently any prosecution against jack holloway is illegal. and to make that contention stick, i shall have to say a great many words, and produce a great deal of testimony, about the sapience of fuzzies.”
“it’ll have to be expert testimony,” rainsford said. “the testimony of psychologists. i suppose you know that the only psychologists on this planet are employed by the chartered zarathustra company.” he drank what was left of his highball, looked at the bits of ice in the bottom of his glass and then rose to mix another one. “i’d have done the same as you did, jack, but i still wish this hadn’t happened.”
“huh!” mamma fuzzy looked up, startled by the exclamation. “what do you think victor grego’s wishing, right now?”
victor grego replaced the hand-phone. “leslie, on the yacht,” he said. “they’re coming in now. they’ll stop at the hospital to drop kellogg, and then they’re coming here.”
nick emmert nibbled a canape. he had reddish hair, pale eyes and a wide, bovine face.
“holloway must have done him up pretty badly,” he said.
“i wish holloway’d killed him!” he blurted it angrily, and saw the resident general’s shocked expression.
“you don’t really mean that, victor?”
“the devil i don’t!” he gestured at the recorder-player, which had just finished the tape of the hearing, transmitted from the yacht at sixty-speed. “that’s only a teaser to what’ll come out at the trial. you know what the company’s epitaph will be? kicked to death, along with a fuzzy, by leonard kellogg.”
everything would have worked out perfectly if kellogg had only kept his head and avoided collision with holloway. why, even the killing of the fuzzy and the shooting of borch, inexcusable as that had been, wouldn’t have been so bad if it hadn’t been for that asinine murder complaint. that was what had provoked holloway’s counter-complaint, which was what had done the damage.
and, now that he thought of it, it had been one of kellogg’s people, van riebeek, who had touched off the explosion in the first place. he didn’t know van riebeek himself, but kellogg should have, and he had handled him the wrong way. he should have known what van riebeek would go along with and what he wouldn’t.
“but, victor, they won’t convict leonard of murder,” emmert was saying. “not for killing one of those little things.”
“‘murder shall consist of the deliberate and unjustified killing of any sapient being, of any race,’” he quoted. “that’s the law. if they can prove in court that the fuzzies are sapient beings….”
then, some morning, a couple of deputy marshals would take leonard kellogg out in the jail yard and put a bullet through the back of his head, which, in itself, would be no loss. the trouble was, they would also be shooting an irreparable hole in the zarathustra company’s charter. maybe kellogg could be kept out of court, at that. there wasn’t a ship blasted off from darius without a couple of drunken spacemen being hustled aboard at the last moment; with the job holloway must have done, kellogg should look just right as a drunken spaceman. the twenty-five thousand sols’ bond could be written off; that was pennies to the company. no, that would still leave them stuck with the holloway trial.
“you want me out of here when the others come, victor?” emmert asked, popping another canape into his mouth.
“no, no; sit still. this will be the last chance we’ll have to get everybody together; after this, we’ll have to avoid anything that’ll look like collusion.”
“well, anything i can do to help; you know that, victor,” emmert said.
yes, he knew that. if worst came to utter worst and the company charter were invalidated, he could still hang on here, doing what he could to salvage something out of the wreckage—if not for the company, then for victor grego. but if zarathustra were reclassified, nick would be finished. his title, his social position, his sinecure, his grafts and perquisites, his alias-shrouded company expense account—all out the airlock. nick would be counted upon to do anything he could—however much that would be.
he looked across the room at the levitated globe, revolving imperceptibly in the orange spotlight. it was full dark on beta continent now, where leonard kellogg had killed a fuzzy named goldilocks and jack holloway had killed a gunman named kurt borch. that angered him, too; hell of a gunman! clear shot at the broad of a man’s back, and still got himself killed. borch hadn’t been any better choice than kellogg himself. what was the matter with him; couldn’t he pick men for jobs any more? and ham o’brien! no, he didn’t have to blame himself for o’brien. o’brien was one of nick emmert’s boys. and he hadn’t picked nick, either.
the squawk-box on the desk made a premonitory noise, and a feminine voice advised him that mr. coombes and his party had arrived.
“all right; show them in.”
coombes entered first, tall suavely elegant, with a calm, untroubled face. leslie coombes would wear the same serene expression in the midst of a bombardment or an earthquake. he had chosen coombes for chief attorney, and thinking of that made him feel better. mohammed ali o’brien was neither tall, elegant nor calm. his skin was almost black—he’d been born on agni, under a hot b3 sun. his bald head glistened, and a big nose peeped over the ambuscade of a bushy white mustache. what was it they said about him? only man on zarathustra who could strut sitting down. and behind them, the remnant of the expedition to beta continent—ernst mallin, juan jimenez and ruth ortheris. mallin was saying that it was a pity dr. kellogg wasn’t with them.
“i question that. well, please be seated. we have a great deal to discuss, i’m afraid.”
mr. chief justice frederic pendarvis moved the ashtray a few inches to the right and the slender vase with the spray of starflowers a few inches to the left. he set the framed photograph of the gentle-faced, white-haired woman directly in front of him. then he took a thin cigar from the silver box, carefully punctured the end and lit it. then, unable to think of further delaying tactics, he drew the two bulky loose-leaf books toward him and opened the red one, the criminal-case docket.
something would have to be done about this; he always told himself so at this hour. shoveling all this stuff onto central courts had been all right when mallorysport had had a population of less than five thousand and nothing else on the planet had had more than five hundred, but that time was ten years past. the chief justice of a planetary colony shouldn’t have to wade through all this to see who had been accused of blotting the brand on a veldbeest calf or who’d taken a shot at whom in a barroom. well, at least he’d managed to get a few misdemeanor and small-claims courts established; that was something.
the first case, of course, was a homicide. it usually was. from beta, constabulary fifteen, lieutenant george lunt. jack holloway—so old jack had cut another notch on his gun—cold creek valley, federation citizen, race terran human; willful killing of a sapient being, to wit kurt borch, mallorysport, federation citizen, race terran human. complainant, leonard kellogg, the same. attorney of record for the defendant, gustavus adolphus brannhard. the last time jack holloway had killed anybody, it had been a couple of thugs who’d tried to steal his sunstones; it hadn’t even gotten into complaint court. this time he might be in trouble. kellogg was a company executive. he decided he’d better try the case himself. the company might try to exert pressure.
the next charge was also homicide, from constabulary, beta fifteen. he read it and blinked. leonard kellogg, willful killing of a sapient being, to wit, jane doe alias goldilocks, aborigine, race zarathustran fuzzy, complainant, jack holloway, defendant’s attorney of record, leslie coombes. in spite of the outrageous frivolity of the charge, he began to laugh. it was obviously an attempt to ridicule kellogg’s own complaint out of court. every judicial jurisdiction ought to have at least one gus brannhard to liven things up a little. race zarathustran fuzzy!
then he stopped laughing suddenly and became deadly serious, like an engineer who finds a cataclysmite cartridge lying around primed and connected to a discharger. he reached out to the screen panel and began punching a combination. a spectacled young man appeared and greeted him deferentially.
“good morning, mr. wilkins,” he replied. “a couple of homicides at the head of this morning’s docket—holloway and kellogg, both from beta fifteen. what is known about them?”
the young man began to laugh. “oh, your honor, they’re both a lot of nonsense. dr. kellogg killed some pet belonging to old jack holloway, the sunstone digger, and in the ensuing unpleasantness—holloway can be very unpleasant, if he feels he has to—this man borch, who seems to have been kellogg’s bodyguard, made the suicidal error of trying to draw a gun on holloway. i’m surprised at lieutenant lunt for letting either of those charges get past hearing court. mr. o’brien has entered nolle prosequi on both of them, so the whole thing can be disregarded.”
mohammed o’brien knew a charge of cataclysmite when he saw one, too. his impulse had been to pull the detonator. well, maybe this charge ought to be shot, just to see what it would bring down.
“i haven’t approved the nolle prosequi yet, mr. wilkins,” he mentioned gently. “would you please transmit to me the hearing tapes on these cases, at sixty-speed? i’ll take them on the recorder of this screen. thank you.”
he reached out and made the necessary adjustments. wilkins, the clerk of the courts, left the screen, and returned. there was a wavering scream for a minute and a half. going to take more time than he had expected. well.…
there wasn’t enough ice in the glass, and leonard kellogg put more in. then there was too much, and he added more brandy. he shouldn’t have started drinking this early, be drunk by dinnertime if he kept it up, but what else was there to do? he couldn’t go out, not with his face like this. in any case, he wasn’t sure he wanted to.
they were all down on him. ernst mallin, and ruth ortheris, and even juan jimenez. at the constabulary post, coombes and o’brien had treated him like an idiot child who has to be hushed in front of company and coming back to mallorysport they had ignored him completely. he drank quickly, and then there was too much ice in the glass again. victor grego had told him he’d better take a vacation till the trial was over, and put mallin in charge of the division. said he oughtn’t to be in charge while the division was working on defense evidence. well, maybe; it looked like the first step toward shoving him completely out of the company.
he dropped into a chair and lit a cigarette. it tasted badly, and after a few puffs he crushed it out. well, what else could he have done? after they’d found that little grave, he had to make gerd understand what it would mean to the company. juan and ruth had been all right, but gerd—the things gerd had called him; the things he’d said about the company. and then that call from holloway, and the humiliation of being ordered out like a tramp.
and then that disgusting little beast had come pulling at his clothes, and he had pushed it away—well, kicked it maybe—and it had struck at him with the little spear it was carrying. nobody but a lunatic would give a thing like that to an animal anyhow. and he had kicked it again, and it had screamed….
the communication screen in the next room was buzzing. maybe that was victor. he gulped the brandy left in the glass and hurried to it.
it was leslie coombes, his face remotely expressionless.
“oh, hello, leslie.”
“good afternoon, dr. kellogg.” the formality of address was studiously rebuking. “the chief prosecutor just called me; judge pendarvis has denied the nolle prosequi he entered in your case and in mr. holloway’s, and ordered both cases to trial.”
“you mean they’re actually taking this seriously?”
“it is serious. if you’re convicted, the company’s charter will be almost automatically voided. and, although this is important only to you personally, you might, very probably, be sentenced to be shot.” he shrugged that off, and continued: “now, i’ll want to talk to you about your defense, for which i am responsible. say ten-thirty tomorrow, at my office. i should, by that time, know what sort of evidence is going to be used against you. i will be expecting you, dr. kellogg.”
he must have said more than that, but that was all that registered. leonard wasn’t really conscious of going back to the other room, until he realized that he was sitting in his relaxer chair, filling the glass with brandy. there was only a little ice in it, but he didn’t care.
they were going to try him for murder for killing that little animal, and ham o’brien had said they wouldn’t, he’d promised he’d keep the case from trial and he hadn’t, they were going to try him anyhow and if they convicted him they would take him out and shoot him for just killing a silly little animal he had killed it he’d kicked it and jumped on it he could still hear it screaming and feel the horrible soft crunching under his feet….
he gulped what was left in the glass and poured and gulped more. then he staggered to his feet and stumbled over to the couch and threw himself onto it, face down, among the cushions.
leslie coombes found nick emmert with victor grego in the latter’s office when he entered. they both rose to greet him, and grego said “you’ve heard?”
“yes. o’brien called me immediately. i called my client—my client of record, that is—and told him. i’m afraid it was rather a shock to him.”
“it wasn’t any shock to me,” grego said as they sat down. “when ham o’brien’s as positive about anything as he was about that, i always expect the worst.”
“pendarvis is going to try the case himself,” emmert said. “i always thought he was a reasonable man, but what’s he trying to do now? cut the company’s throat?”
“he isn’t anti-company. he isn’t pro-company either. he’s just pro-law. the law says that a planet with native sapient inhabitants is a class-iv planet, and has to have a class-iv colonial government. if zarathustra is a class-iv planet, he wants it established, and the proper laws applied. if it’s a class-iv planet, the zarathustra company is illegally chartered. it’s his job to put a stop to illegality. frederic pendarvis’ religion is the law, and he is its priest. you never get anywhere by arguing religion with a priest.”
they were both silent for a while after he had finished. grego was looking at the globe, and he realized, now, that while he was proud of it, his pride was the pride in a paste jewel that stands for a real one in a bank vault. now he was afraid that the real jewel was going to be stolen from him. nick emmert was just afraid.
“you were right yesterday, victor. i wish holloway’d killed that son of a khooghra. maybe it’s not too late—”
“yes, it is, nick. it’s too late to do anything like that. it’s too late to do anything but win the case in court.” he turned to grego. “what are your people doing?”
grego took his eyes from the globe. “ernest mallin’s studying all the filmed evidence we have and all the descriptions of fuzzy behavior, and trying to prove that none of it is the result of sapient mentation. ruth ortheris is doing the same, only she’s working on the line of instinct and conditioned reflexes and nonsapient, single-stage reasoning. she has a lot of rats, and some dogs and monkeys, and a lot of apparatus, and some technician from henry stenson’s instrument shop helping her. juan jimenez is studying mentation of terran dogs, cats and primates, and freyan kholphs and mimir black slinkers.”
“he hasn’t turned up any simian or canine parallels to that funeral, has he?”
grego said nothing, merely shook his head. emmert muttered something inaudible and probably indecent.
“i didn’t think he had. i only hope those fuzzies don’t get up in court, build a bonfire and start making speeches in lingua terra.”
nick emmert cried out in panic. “you believe they’re sapient yourself!”
“of course. don’t you?”
grego laughed sourly. “nick thinks you have to believe a thing to prove it. it helps but it isn’t necessary. say we’re a debating team; we’ve been handed the negative of the question. resolved: that fuzzies are sapient beings. personally, i think we have the short end of it, but that only means we’ll have to work harder on it.”
“you know, i was on a debating team at college,” emmert said brightly. when that was disregarded, he added: “if i remember, the first thing was definition of terms.”
grego looked up quickly. “leslie, i think nick has something. what is the legal definition of a sapient being?”
“as far as i know, there isn’t any. sapience is something that’s just taken for granted.”
“how about talk-and-build-a-fire?”
he shook his head. “people of the colony of vishnu versus emily morrosh, 612 a.e.” he told them about the infanticide case. “i was looking up rulings on sapience; i passed the word on to ham o’brien. you know, what your people will have to do will be to produce a definition of sapience, acceptable to the court, that will include all known sapient races and at the same time exclude the fuzzies. i don’t envy them.”
“we need some fuzzies of our own to study,” grego said.
“too bad we can’t get hold of holloway’s,” emmert said. “maybe we could, if he leaves them alone at his camp.”
“no. we can’t risk that.” he thought for a moment. “wait a moment. i think we might be able to do it at that. legally.”
