"Was there doubt?" the judge asked in astonishment. "'There might have been. That's why I am here. But, despite his limited ability to talk, his other limitations would keep such a breed from rising to a level where we could accept it as civilized; therefore he is an animal. Therefore he has only the usual rights of animals under our humane laws. Therefore the department need not concern itself."
"I see. Well, no one is going to be cruel to him, not in my court."
"Certainly. But for another quite sufficient reason the department is not interested. Let us suppose that this creature is 'human' in the sense that law and custom and treaty have attached to that word since we first made contact with the Great Race of Mars. He is not, but suppose it."
"Stipulated." agreed Judge O'Farrell.
"We stipulate it. Nevertheless he cannot be a concern of the department because... Judge, do you know the history of the Trail Blazer?"
"Vaguely, from grammar school days. I'm not a student of spatial exploration. Our own Earth is confusing enough."
"Isn't it, though? Well, the Trail Blazer made three of the first interspatial transition flights, when such flights were as reckless as the voyage Columbus attempted. They did not know where they were going and they had only hazy notions about how to get back in fact the Trail Blazer never came back from her third trip."
"Yes, yes. I remember."
"The point is, young Stuart-I can't call him by his full name; it doesn't seem right-Stuart tells me that this loutish creature with the silly smile is a souvenir of the Trail Blazer's second cruise. That's all I need to know. We have no treaties with any of the planets she visited, no trade, no intercourse of any sort. Legally they don't exist. Therefore the only laws that apply to Lummox are our own domestic laws; therefore the department should not intervene-and even if it did, a special master such as myself would be obliged to rule entirely by domestic law. Which you are better qualified to do than I."
Judge O'Farrell nodded. "Well, I have no objection to resuming jurisdiction. Shall we go in?"
"Just a moment. I suggested a delay because this case has curious features. I wanted to refer back to the department to make sure that my theory is correct and that I have not missed some important precedent or law. But I am willing to withdraw at once if you can assure me of one thing. This creature... I understand that, despite its mild appearance, it turned out to be destructive, even dangerous?"
O'Farrell nodded. "So I understand... unofficially of course."
"Well, has there been any demand that it be destroyed?"
"Well," the judge answered slowly, "again unofficially, I know that such a demand will be made. It has come to my attention privately that our chief of police intends to ask the court to order the animal's destruction as a public safety measure. I anticipate prayers from private sources as well."
Mr. Greenberg looked worried. "As bad as that? Well, Judge, what is your attitude? If you try the case, are you going to let the animal be destroyed?"
Judge O'Farrell retorted, "Sir, that is an improper question."
Greenberg turned red. "I beg your pardon. But I must get at it in some fashion. You realize that this specimen is unique? Regardless of what it has done, or how dangerous it may be (though I'm switched if I'm convinced of that), nevertheless its interest to science is such that it should be preserved. Can't you assure me that you will not order it destroyed?"
"Young man, you are urging me to prejudge a case, or a portion of a case. Your attitude is most improper!"
Chief Dreiser chose this bad time to come hurrying up. "Judge, rye been looking all over for you. Is this hearing going to take place? I've got seven men who..."
O'Farrell interrupted him. "Chief, this is Mr. Commissioner Greenberg. Mr. Commissioner, our Chief of Safety."
"Honored, Chief."
"Howdy, Mr. Commissioner. Gentlemen, about this hearing. I'd like to know..."
"Chief," the judge interrupted brusquely, "just tell my bailiff to hold things in readiness. Now leave us in private, if you please."
"But..." The chief shut up and backed away, while muttering something excusable in a harassed policeman. O'Farrell turned back to Greenberg.
The Commissioner had had time during the interruption to recall that he was supposed to be without personal emotions. He said smoothly, "I withdraw the question, Judge. I had no intention of committing an impropriety." He grinned. "Under other circumstances I might have found myself slapped for contempt, eh?"
O'Farrell grudged a smile. "It is possible."
"Do you have a nice jail? I have over seven months leave saved up and no chance to take it."
"You shouldn't overwork, young man. I always find time to fish, no matter how full the docket. 'Allah does not subtract from man's allotted time those hours spent in fishing.'"
"That's a good sentiment. But I still have a problem. You know that I could insist on postponement while I consult the department?"
"Certainly. Perhaps you should. Your decision should not be affected by my opinions."
"No. But I agree with you; last-minute postponements are vexations." He was thinking that to refer to the department, in this odd case, meant to consult Mr. Kiku and he could hear the Under Secretary making disgusted remarks about "initiative" and 'responsibility" and "for heaven's sake, couldn't anyone else around this madhouse make a simple decision?" Greenberg made up his mind. "I think it is best for the department to continue intervention. I'll take it, at least through a preliminary hearing."
O'Farrell smiled broadly. "I had hoped that you would. I'm looking forward to hearing you. I understand that you gentlemen from the Department of Spatial Affairs sometimes hand out an unusual brand of law."
"Really? I hope not. I mean to be a credit to Harvard Law."
"Harvard? Why, so am I! Do they still shout for Reinhardt?"
"They did when I was there."
"Well, well, it's a small world! I hate to wish this case on a schoolmate; I'm afraid it is going to be a hot potato."
"Aren't they all? Well, let's start the fireworks. Why don't we sit en banc? You'll probably have to finish."
They started back to the courthouse. Chief Dreiser, who had been fuming some distance away, saw that Judge O'Farrell had forgotten him. He started to follow, then noted that the Stuart boy and Betty Sorenson were still on the other side of Lummox's cage. They had their heads together and did not notice that the two magistrates were leaving. Dreiser strode over to them.
"Hey! Inside with you, Johnnie Stuart! You were supposed to be in court twenty minutes ago."
John Thomas looked startled. "But I thought... he began, then noticed that the judge and Mr. Greenberg had gone. "Oh! Just a minute, Mr. Dreiser... I've got something to say to Lummox."
"You've got nothing to say to that beast now. Come along."
"But, Chief..."
Mr. Dreiser grabbed his arm and started to move away. Since he outweighed John Thomas by nearly one hundred pounds Johnnie moved with him. Betty interrupted with, "Deacon Dreiser! What a nasty way to behave!"
"That'll be enough out of you, young lady," Dreiser answered. He continued toward the courthouse with John Thomas in tow. Betty shut up and followed. She considered tripping the police chief, but decided not to.
John Thomas gave in to the inevitable. He had intended to impress on Lummox, at the very last minute, the necessity of remaining quiet, staying put, and not eating the steel bars. But Mr. Dreiser would not listen. It seemed to John that most of the older people in the world spent much of their time not listening.
Lummox had not missed their exit. He stood up, filling the enclosed space, and stared after John Thomas, while wondering what to do. The bars creaked as he brushed against them. Betty looked back and said, "Lummox! You wait there! We'll be back."