“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.”

Lieutenant j.g. Ortheris, under a calmly blue globe, testified to coming to Zarathustra as a Federation Naval Reserve officer recalled to duty with Intelligence, and taking a position with the Company.

“As a regularly qualified doctor of psychology, I worked under Dr. Mallin in the scientific division, and also with the school department and the juvenile court. At the same time I was regularly transmitting reports to Commander Aelborg, the chief of Intelligence on Xerxes. The object of this surveillance was to make sure that the Zarathustra Company was not violating the provisions of their charter or Federation law. Until the middle of last month, I had nothing to report beyond some rather irregular financial transactions involving Resident General Emmert. Then, on the evening of June fifteen—”

That was when Ben had transmitted the tape to Juan Jimenez; she described how it had come to her attention.

“As soon as possible, I transmitted a copy of this tape to Commander Aelborg. The next night, I called Xerxes from the screen on Dr. van Riebeek’s boat and reported what I’d learned about the Fuzzies. I was then informed that Leonard Kellogg had gotten hold of a copy of the Holloway-Rainsford tape and had alerted Victor Grego; that Kellogg and Ernst Mallin were being sent to Beta Continent with instructions to prevent publication of any report claiming sapience for the Fuzzies and to fabricate evidence to support an accusation that Dr. Rainsford and Mr. Holloway were perpetrating a deliberate scientific hoax.”

“Here, I’ll have to object to this, your Honor,” Coombes said, rising. “This is nothing but hearsay.”

“This is part of a Navy Intelligence situation estimate given to Lieutenant Ortheris, based on reports we had received from other agents,” Captain Greibenfeld said. “She isn’t the only one we have on Zarathustra, you know. Mr. Coombes, if I hear another word of objection to this officer’s testimony from you, I am going to ask Mr. Brannhard to subpoena Victor Grego and question him under veridication about it.”

“Mr. Brannhard will be more than happy to oblige, Commander,” Gus said loudly and distinctly.

Coombes sat down hastily.

“Well, Lieutenant Ortheris, this is most interesting, but at the moment, what we’re trying to establish is how these Fuzzies got to Xerxes Naval Base,” the chubby associate justice, Ruiz, put in.

“I’ll try to get them there as quickly as possible, your Honor,” she said. “On the night of Friday the twenty-second, the Fuzzies were taken from Mr. Holloway and brought into Mallorysport; they were turned over by Mohammed O’Brien to Juan Jimenez, who took them to Science Center and put them in cages in a room back of his office. They immediately escaped. I found them, the next morning, and was able to get them out of the building, and to turn them over to Commander Aelborg, who had come down from Xerxes to take personal charge of the Fuzzy operation. I will not testify as to how I was able to do this. I am at present and was then an officer of the Terran Federation Armed Forces; the courts have no power to compel a Federation officer to give testimony involving breach of military security. I was informed, through my contact in Mallorysport, from time to time, of the progress of the work of measuring the Fuzzies’ mental level there; I was able to pass on suggestions occasionally. Any time any of these suggestions was based on ideas originating with Dr. Mallin, I was careful to give him full credit.”

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.”

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.”

While they watched, Little Fuzzy snapped the lighter and held the flame to the pipe bowl, puffing.

Across on the other side, Leslie Coombes swallowed once or twice and closed his eyes.

When Pendarvis rapped for attention and declared court reconvened, he said:

“Ladies and gentlemen, you have all seen and heard this demonstration of Captain Greibenfeld’s. You have heard these Fuzzies uttering what certainly sounds like meaningful speech, and you have seen one of them light a pipe and smoke. Incidentally, while smoking in court is discountenanced, we are going to make an exception, during this trial, in favor of Fuzzies. Other people will please not feel themselves discriminated against.”

That brought Coombes to his feet with a rush. He started around the table and then remembered that under the new rules he didn’t have to.

“Your Honors, I objected strongly to the use of that term by a witness this morning; I must object even more emphatically to its employment from the bench. I have indeed heard these Fuzzies make sounds which might be mistaken for words, but I must deny that this is true speech. As to this trick of using a lighter, I will undertake, in not more than thirty days, to teach it to any Terran primate or Freyan kholph.”

Greibenfeld rose immediately. “Your Honors, in the past thirty days, while these Fuzzies were at Xerxes Naval Base, we have compiled a vocabulary of a hundred-odd Fuzzy words, for all of which definite meanings have been established, and a great many more for which we have not as yet learned the meanings. We even have the beginning of a Fuzzy grammar. As for this so-called trick of using a lighter, Little Fuzzy—we didn’t know his name then and referred to him as M2—learned that for himself, by observation. We didn’t teach him to smoke a pipe either; he knew that before we had anything to do with him.”

Jack rose while Greibenfeld was still speaking. As soon as the Space Navy captain had finished, he said:

“Captain Greibenfeld, I want to thank you and your people for taking care of the Fuzzies, and I’m very glad you learned how to hear what they’re saying, and thank you for all the nice things you gave them, but why couldn’t you have let me know they were safe? I haven’t been very happy the last month, you know.”

“I know that, Mr. Holloway, and if it’s any comfort to you, we were all very sorry for you, but we could not take the risk of compromising our secret intelligence agent in the Company’s Science Center, the one who smuggled the Fuzzies out the morning after their escape.” He looked quickly across in front of the bench to the table at the other end of the arc. Kellogg was sitting with his face in his hands, oblivious to everything that was going on, but Leslie Coombes’s well-disciplined face had broken, briefly, into a look of consternation. “By the time you and Mr. Brannhard and Marshal Fane arrived with an order of the court for the Fuzzies’ recovery, they had already been taken from Science Center and were on a Navy landing craft for Xerxes. We couldn’t do anything without exposing our agent. That, I am glad to say, is no longer a consideration.”

“Well, Captain Greibenfeld,” the Chief Justice said, “I assume you mean to introduce further testimony about the observations and studies made by your people on Xerxes. For the record, we’d like to have it established that they were actually taken there, and when, and how.”

“Yes, your Honor. If you will call the fourth name on the list I gave you, and allow me to do the questioning, we can establish that.”

The Chief Justice picked up a paper. “Lieutenant j.g. Ruth Ortheris, TFN Reserve,” he called out.

This time, Jack Holloway looked up into the big screen, in which he could see everybody. Gerd van Riebeek, who had been trying to ignore the existence of the woman beside him, had turned to stare at her in amazement. Coombes’s face was ghastly for an instant, then froze into corpselike immobility: Ernst Mallin was dithering in incredulous anger; beside him Ben Rainsford was grinning in just as incredulous delight. As Ruth came around in front of the bench, the Fuzzies gave her an ovation; they remembered and liked her. Gus Brannhard was gripping his arm and saying: “Oh, brother! This is it, Jack; it’s all over but shooting the cripples!”

Lieutenant j.g. Ortheris, under a calmly blue globe, testified to coming to Zarathustra as a Federation Naval Reserve officer recalled to duty with Intelligence, and taking a position with the Company.

“As a regularly qualified doctor of psychology, I worked under Dr. Mallin in the scientific division, and also with the school department and the juvenile court. At the same time I was regularly transmitting reports to Commander Aelborg, the chief of Intelligence on Xerxes. The object of this surveillance was to make sure that the Zarathustra Company was not violating the provisions of their charter or Federation law. Until the middle of last month, I had nothing to report beyond some rather irregular financial transactions involving Resident General Emmert. Then, on the evening of June fifteen—”

“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 your 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.

“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.