“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. Brannhard 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 saying 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 arranged 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.