by E. C. Tubb
Mallin looked singularly unappreciative.
Brannhard got up. “Before this witness is excused, I’d like to ask if she knows anything about four other Fuzzies, the ones found by Jack Holloway up Ferny Creek on Friday.”
“Why, yes; they’re my Fuzzies, and I was worried about them. Their names are Complex, Syndrome, Id and Superego.”
“Your Fuzzies, Lieutenant?”
“Well, I took care of them and worked with them; Juan Jimenez and some Company hunters caught them over on Beta Continent. They were kept at a farm center about five hundred miles north of here, which had been vacated for the purpose. I spent all my time with them, and Dr. Mallin was with them most of the time. Then, on Monday night, Mr. Coombes came and got them.”
“Mr. Coombes, did you say?” Gus Brannhard asked.
“Mr. Leslie Coombes, the Company attorney. He said they were needed in Mallorysport. It wasn’t till the next day that I found out what they were needed for. They’d been turned loose in front of that Fuzzy hunt, in the hope that they would be killed.”
She looked across at Coombes; if looks were bullets, he’d have been deader than Kurt Borch.
“Why would they sacrifice four Fuzzies merely to support a story that was bound to come apart anyhow?” Brannhard asked.
“That was no sacrifice. They had to get rid of those Fuzzies, and they were afraid to kill them themselves for fear they’d be charged with murder along with Leonard Kellogg. Everybody, from Ernst Mallin down, who had anything to do with them was convinced of their sapience. For one thing, we’d been using those hearing aids ourselves; I suggested it, after getting the idea from Xerxes. Ask Dr. Mallin about it, under veridication. Ask him about the multiordinal polyencephalograph experiments, too.”
“Well, we have the Holloway Fuzzies placed on Xerxes,” the Chief Justice said. “We can hear the testimony of the people who worked with them there at any time. Now, I want to hear from Dr. Ernst Mallin.”
Coombes was on his feet again. “Your Honors, before any further testimony is heard, I would like to confer with my client privately.”
“I fail to see any reason why we should interrupt proceedings for that purpose, Mr. Coombes. You can confer as much as you wish with your client after this session, and I can assure you that you will be called upon to do nothing on his behalf until then.” He gave a light tap with his gavel and then said: “Dr. Ernst Mallin will please take the stand.”
XV
Ernst Mallin shrank, as though trying to pull himself into himself, when he heard his name. He didn’t want to testify. He had been dreading this moment for days. Now he would have to sit in that chair, and they would ask him questions, and he couldn’t answer them truthfully and the globe over his head—
When the deputy marshal touched his shoulder and spoke to him, he didn’t think, at first, that his legs would support him. It seemed miles, with all the staring faces on either side of him. Somehow, he reached the chair and sat down, and they fitted the helmet over his head and attached the electrodes. They used to make a witness take some kind of an oath to tell the truth. They didn’t any more. They didn’t need to.
As soon as the veridicator was on, he looked up at the big screen behind the three judges; the globe above his head was a glaring red. There was a titter of laughter. Nobody in the Courtroom knew better than he what was happening. He had screens in his laboratory that broke it all down into individual patterns—the steady pulsing waves from the cortex, the alpha and beta waves; beta-aleph and beta-beth and beta-gimel and beta-daleth. The thalamic waves. He thought of all of them, and of the electromagnetic events which accompanied brain activity. As he did, the red faded and the globe became blue. He was no longer suppressing statements and substituting other statements he knew to be false. If he could keep it that way. But, sooner or later, he knew, he wouldn’t be able to.
The globe stayed blue while he named himself and stated his professional background. There was a brief flicker of red while he was listing his publication—that paper, entirely the work of one of his students, which he had published under his own name. He had forgotten about that, but his conscience hadn’t.
“Dr. Mallin,” the oldest of the three judges, who sat in the middle, began, “what, in your professional opinion, is the difference between sapient and nonsapient mentation?”
“The ability to think consciously,” he stated. The globe stayed blue.
“Do you mean that nonsapient animals aren’t conscious, or do you mean they don’t think?”
“Well, neither. Any life form with a central nervous system has some consciousness—awareness of existence and of its surroundings. And anything having a brain thinks, to use the term at its loosest. What I meant was that only the sapient mind thinks and knows that it is thinking.”
He was perfectly safe so far. He talked about sensory stimuli and responses, and about conditioned reflexes. He went back to the first century Pre-Atomic, and Pavlov and Korzybski and Freud. The globe never flickered.
“The nonsapient animal is conscious only of what is immediately present to the senses and responds automatically. It will perceive something and make a single statement about it—this is good to eat, this sensation is unpleasant, this is a sex-gratification object, this is dangerous. The sapient mind, on the other hand, is conscious of thinking about these sense stimuli, and makes descriptive statements about them, and then makes statements about those statements, in a connected chain. I have a structural differential at my seat; if somebody will bring it to me—”
“Well, never mind now, Dr. Mallin. When you’re off the stand and the discussion begins you can show what you mean. We just want your opinion in general terms, now.”
“Well, the sapient mind can generalize. To the nonsapient animal, every experience is either totally novel or identical with some remembered experience. A rabbit will flee from one dog because to the rabbit mind it is identical with another dog that has chased it. A bird will be attracted to an apple, and each apple will be a unique red thing to peck at. The sapient being will say, ‘These red objects are apples; as a class, they are edible and flavorsome.’ He sets up a class under the general label of apples. This, in turn, leads to the formation of abstract ideas—redness, flavor, et cetera—conceived of apart from any specific physical object, and to the ordering of abstractions—‘fruit’ as distinguished from apples, ‘food’ as distinguished from fruit.”
The globe was still placidly blue. The three judges waited, and he continued:
“Having formed these abstract ideas, it becomes necessary to symbolize them, in order to deal with them apart from the actual object. The sapient being is a symbolizer, and a symbol communicator; he is able to convey to other sapient beings his ideas in symbolic form.”
“Like ‘Pa-pee Jaak’?” the judge on his right, with the black mustache, asked.
The globe flashed red at once.
“Your Honors, I cannot consider words picked up at random and learned by rote speech. The Fuzzies have merely learned to associate that sound with a specific human, and use it as a signal, not as a symbol.”
The globe was still red. The Chief Justice, in the middle, rapped with his gavel.
“Dr. Mallin! Of all the people on this planet, you at least should know the impossibility of lying under veridication. Other people just know it can’t be done; you know why. Now I’m going to rephrase Judge Janiver’s question, and I’ll expect you to answer truthfully. If you don’t I’m going to hold you in contempt. When those Fuzzies cried out, ‘Pappy Jack!’ do you or do you not believe that they were using a verbal expression which stood, in their minds, for Mr. Holloway?”
He couldn’t say it. This sapience was all a big fake; he had to believe that. The Fuzzies were only little mindless animals.
But he didn’t believe it. He knew better. He gulped for a moment.
“Yes, your Honor. The term ‘Pappy Jack’ is, in their minds, a symbol standing for Mr. Jack Holloway.”
He l
ooked at the globe. The red had turned to mauve, the mauve was becoming violet, and then clear blue. He felt better than he had felt since the afternoon Leonard Kellogg had told him about the Fuzzies.
“Then Fuzzies do think consciously, Dr. Mallin?” That was Pendarvis.
“Oh, yes. The fact that they use verbal symbols indicates that, even without other evidence. And the instrumental evidence was most impressive. The mentation pictures we got by encephalography compare very favorably with those of any human child of ten or twelve years old, and so does their learning and puzzle-solving ability. On puzzles, they always think the problem out first, and then do the mechanical work with about the same mental effort, say, as a man washing his hands or tying his neckcloth.”
The globe was perfectly blue. Mallin had given up trying to lie; he was simply gushing out everything he thought.
Leonard Kellogg slumped forward, his head buried in his elbows on the table, and misery washed over him in tides.
I am a murderer; I killed a person. Only a funny little person with fur, but she was a person, and I knew it when I killed her, I knew it when I saw that little grave out in the woods, and they’ll put me in that chair and make me admit it to everybody, and then they’ll take me out in the jail yard and somebody will shoot me through the head with a pistol, and—
And all the poor little thing wanted was to show me her new jingle!
“Does anybody want to ask the witness any questions?” the Chief Justice was asking.
“I don’t,” Captain Greibenfeld said. “Do you, Lieutenant?”
“No, I don’t think so,” Lieutenant Ybarra said. “Dr. Mallin’s given us a very lucid statement of his opinions.”
He had, at that, after he’d decided he couldn’t beat the veridicator. Jack found himself sympathizing with Mallin. He’d disliked the man from the first, but he looked different now—sort of cleaned and washed out inside. Maybe everybody ought to be veridicated, now and then, to teach them that honesty begins with honesty to self.
“Mr. Coombes?” Mr. Coombes looked as though he never wanted to ask another witness another question as long as he lived. “Mr. Brannhard?”
Gus got up, holding a sapient member of a sapient race who was hanging onto his beard, and thanked Ernst Mallin fulsomely.
“In that case, we’ll adjourn until o-nine-hundred tomorrow. Mr. Coombes, I have here a check on the chartered Zarathustra Company for twenty-five thousand sols. I am returning it to you and I am canceling Dr. Kellogg’s bail,” Judge Pendarvis said, as a couple of attendants began getting Mallin loose from the veridicator.
“Are you also canceling Jack Holloway’s?”
“No, and I would advise you not to make an issue of it, Mr. Coombes. The only reason I haven’t dismissed the charge against Mr. Holloway is that I don’t want to handicap you by cutting off your foothold in the prosecution. I do not consider Mr. Holloway a bail risk. I do so consider your client, Dr. Kellogg.”
“Frankly, your Honor, so do I,” Coombes admitted. “My protest was merely an example of what Dr. Mallin would call conditioned reflex.”
Then a crowd began pushing up around the table; Ben Rainsford, George Lunt and his troopers, Gerd and Ruth, shoving in among them, their arms around each other.
“We’ll be at the hotel after a while, Jack,” Gerd was saying. “Ruth and I are going out for a drink and something to eat; we’ll be around later to pick up her Fuzzies.”
Now his partner had his girl back, and his partner’s girl had a Fuzzy family of her own. This was going to be real fun. What were their names now? Syndrome, Complex, Id and Superego. The things some people named Fuzzies!
XVI
They stopped whispering at the door, turned right, and ascended to the bench, bearing themselves like images in a procession, Ruiz first, then himself and then Janiver. They turned to the screen so that the public whom they served might see the faces of the judges, and then sat down. The court crier began his chant. They could almost feel the tension in the courtroom. Yves Janiver whispered to them:
“They all know about it.”
As soon as the crier had stopped, Max Fane approached the bench, his face blankly expressionless.
“Your Honors, I am ashamed to have to report that the defendant, Leonard Kellogg, cannot be produced in court. He is dead; he committed suicide in his cell last night. While in my custody,” he added bitterly.
The stir that went through the courtroom was not shocked surprise, it was a sigh of fulfilled expectation. They all knew about it.
“How did this happen, Marshal?” he asked, almost conversationally.
“The prisoner was put in a cell by himself; there was a pickup eye, and one of my deputies was keeping him under observation by screen.” Fane spoke in a toneless, almost robotlike voice. “At twenty-two thirty, the prisoner went to bed, still wearing his shirt. He pulled the blankets up over his head. The deputy observing him thought nothing of that; many prisoners do that, on account of the light. He tossed about for a while, and then appeared to fall asleep.
“When a guard went in to rouse him this morning, the cot, under the blanket, was found saturated with blood. Kellogg had cut his throat, by sawing the zipper track of his shirt back and forth till he severed his jugular vein. He was dead.”
“Good heavens, Marshal!” He was shocked. The way he’d heard it, Kellogg had hidden a penknife, and he was prepared to be severe with Fane about it. But a thing like this! He found himself fingering the toothed track of his own jacket zipper. “I don’t believe you can be at all censured for not anticipating a thing like that. It isn’t a thing anybody would expect.”
Janiver and Ruiz spoke briefly in agreement. Marshal Fane bowed slightly and went off to one side.
Leslie Coombes, who seemed to be making a very considerable effort to look grieved and shocked, rose.
“Your Honors, I find myself here without a client,” he said. “In fact, I find myself here without any business at all; the case against Mr. Holloway is absolutely insupportable. He shot a man who was trying to kill him, and that’s all there is to it. I therefore pray your Honors to dismiss the case against him and discharge him from custody.”
Captain Greibenfeld bounded to his feet.
“Your Honors, I fully realize that the defendant is now beyond the jurisdiction of this court, but let me point out that I and my associates are here participating in this case in the hope that the classification of this planet may be determined, and some adequate definition of sapience established. These are most serious questions, your Honors.”
“But, your Honors,” Coombes protested, “we can’t go through the farce of trying a dead man.”
“People of the Colony of Baphomet versus Jamshar Singh, Deceased, charge of arson and sabotage, A.E. 604,” the Honorable Gustavus Adolphus Brannhard interrupted.
Yes, you could find a precedent in colonial law for almost anything.
Jack Holloway was on his feet, a Fuzzy cradled in the crook of his left arm, his white mustache bristling truculently.
“I am not a dead man, your Honors, and I am on trial here. The reason I’m not dead is why I am on trial. My defense is that I shot Kurt Borch while he was aiding and abetting in the killing of a Fuzzy. I want it established in this court that it is murder to kill a Fuzzy.”
The judge nodded slowly. “I will not dismiss the charges against Mr. Holloway,” he said. “Mr. Holloway had been arraigned on a charge of murder; if he is not guilty, he is entitled to the vindication of an acquittal. I am afraid, Mr. Coombes, that you will have to go on prosecuting him.”
Another brief stir, like a breath of wind over a grain field, ran through the courtroom. The show was going on after all.
All the Fuzzies were in court this morning; Jack’s six, and the five from the constabulary post, and Ben’s Flora and Fauna, and the four Ruth Ortheris claimed. There was too much discussion going on for anybody to keep an eye on them. Finally one of the constabulary Fuzzies, either Dillinger or Dr. Crip
pen, and Ben Rainsford’s Flora and Fauna, came sauntering out into the open space between the tables and the bench dragging the hose of a vacuum-duster. Ahmed Khadra ducked under a table and tried to get it away from them. This was wonderful; screaming in delight, they all laid hold of the other end, and Mike and Mitzi and Superego and Complex ran to help them. The seven of them dragged Khadra about ten feet before he gave up and let go. At the same time, an incipient fight broke out on the other side of the arc of tables between the head of the language department at Mallorysport Academy and a spinsterish amateur phoneticist. At this point, Judge Pendarvis, deciding that if you can’t prevent it, relax and enjoy it, rapped a few times with his gavel, and announced that court was recessed.
“You will all please remain here; this is not an adjournment, and if any of the various groups who seem to be discussing different aspects of the problem reach any conclusion they feel should be presented in evidence, will they please notify the bench so that court can be reconvened. In any case, we will reconvene at eleven thirty.”
Somebody wanted to know if smoking would be permitted during the recess. The Chief Justice said that it would. He got out a cigar and lit it. Mamma Fuzzy wanted a puff: she didn’t like it. Out of the corner of his eye, he saw Mike and Mitzi, Flora and Fauna scampering around and up the steps behind the bench. When he looked again, they were all up on it, and Mitzi was showing the court what she had in her shoulder bag.
