He could not allow this unique specimen to be destroyed. But he had meant to do it suavely... deny the petition of that old battle-axe, since it was obviously from malice, and tell the police chief privately to forget the other one. The Save-the-World-for-the-Neanderthals petition didn't matter. But this cocky girl; by talking when she should have listened, was going to make it appear that a departmental court could be pushed into risking public welfare over a lot of sentimental, anthropomorphic bosh!

Confound her pretty blue eyes!

They would accuse him of being influenced by those pretty blue eyes, too. Too bad the child wasn't homely.

The animal's owner was responsible for the damage; there were a thousand "strayed animal" cases to justify a ruling-since this was not the planet Tencora. That stuff about it being the fault of the persons who frightened him off was a lot of prattle. But the e.-t., as a specimen for science, was worth far more than the damage; the decision would not hurt the boy financially.

He realized that he had allowed himself to fall into a most unjudicial frame of mind. The defendant's ability to pay was not his business.

"Excuse me, your honor. Please don't monkey with those things."

He looked up, ready to snap somebody's head off, to find himself looking at the clerk of the court. He then saw that he had been fiddling with the switches and controls of the clerk's console. He snatched his hands away. "Sorry."

"A person who doesn't understand these things," the clerk said apologetically, "can cause an awful lot of trouble."

"True. Unfortunately true." He turned away sharply. "The court will come to order."

He sat down and turned at once to Miss Sorenson. "The court rules that Lummox is not a competent witness."

Betty gasped. "Your honor, you are being most unfair!" -

"Possibly."

She thought for a moment. "We want a change of venue."

"Where did you learn that word? Never mind, you had one when the department intervened. That ends it. Now keep quiet for a change."

She turned red. "You ought to disqualify yourself!"

Greenberg had intended to be calm, positively Olympian, in his manner. He now found it necessary to take three slow breaths. "Young lady," he said carefully, "you have been trying to confuse the issue all day. There is no need for you to speak now; you have said too much already. Understand me?"

"I have not, I will too, and I didn't either!"

"What? Repeat that, please?"

She looked at him. "No, I had better take it back... or you will be talking about 'contempt'."

"No, no. I wanted to memorize it. I don't think I have ever heard quite so sweeping a statement. Never mind. Just hold your tongue. If you know how. You'll be allowed to talk later."

"Yes, sir."

He turned to the others. "The court announced earlier that there would be due notice if we were to continue to terminer. The court sees no reason not to. Objection?"

The attorneys shifted uncomfortably and looked at each other. Greenberg turned to Betty. "How about you?"

"Me? I thought I wasn't allowed to vote."

"Shall we conclude these issues today?"

She glanced at John Thomas, then said dully, "No objection," then leaned to him and whispered, "Oh, Johnnie, I tried!"

He patted her hand under the table. "I know you did, Slugger."

Greenberg pretended not to hear. He went on in a cold, official voice. "This court has before it a petition asking for the destruction of the extra-terrestrial Lummox on the grounds that it is dangerous and uncontrollable. The facts have not sustained that view; the petition is denied.?"

Betty gasped and squealed. John Thomas looked startled, then grinned for the first time. "Order, please," Greenberg said mildly. "We have here another petition to the same end, but for different reasons." He held up the one submitted. by the Keep Earth Human League. "This court finds itself unable to follow the alleged reasoning. Petition denied."

"We have four criminal charges, I am dismissing all four. The law requires..."

The city attorney looked startled. "But, your honor-"

"If you have a point, will you save it? No criminal intent can be found here, which therefore would make it appear that there could be no crime. However, constructive intent may appear where the law requires a man to exercise due prudence to protect others and it is on this ground that these issues must be judged. Prudence is based on experience, personal or vicarious, not on impossible prescience. In the judgment of this court, the precautions taken were prudent in the light of experience... experience up to last Monday afternoon, that is to say." He turned and addressed John Thomas. "What I mean, young man, is this: your precautions were 'prudent' so far as you knew. Now you know better. If that beast gets loose again, it will go hard with you."

Johnnie swallowed. "Yessir."

"We have remaining the civil matters of damage, Here the criteria are different. The guardian of a minor, or the owner of an animal, is responsible for damage committed by that child or that animal, the law holding that it is better that the owner or guardian suffer than the innocent third party. Except for one point, which I will reserve for the moment, these civil actions fall under that rule. First, let me note that one or more of these issues ask for real, punitive, and exemplary damages. Punitive and exemplary damages are denied; there are no grounds. I believe that we have arrived at real damages in each case and counsels have so stipulated. As to costs, the Department of Spatial Affairs has intervened in the public interest; costs will be borne by the department."

Betty whispered, "A good thing we homesteaded him. Look at those insurance vultures grin."

Greenberg went on, "I reserved one point. The question has been raised indirectly that this Lummox may not be an animal... and therefore not a chattel but may be a sentient being within the meaning of 'the Customs of Civilizations'... and therefore his own master." Greenberg hesitated. He was about to add his bit to the "Customs of Civilizations"; he was anxious not to be overruled. "We have long disavowed slavery; no sentient being may be owned. But if Lummox is sentient, what have we? May Lummox be held personally responsible? It would not appear that he has sufficient knowledge of our customs, nor does it appear that he is among us by his own choice. Are the putative owners in fact his guardians and in that way responsible? All these questions turn on this: is Lummox a chattel, or a free being?

"This court expressed its opinion when it ruled that Lummox might not testify... at this time. But this court is not equipped to render a final decision, no matter how strongly it may believe that Lummox is an animal."

"The court will therefore start proceedings on its own motion to determine the status of Lummox. In the meantime the local authorities will take charge of Lummox and will be held responsible both for his safety and for public safety with respect to him." Greenberg shut up and sat back.

A fly would have had his choice of open mouths. First to recover was the attorney for Western Mutual, Mr. Schneider. "Your honor? Where does that leave us?"

"I don't know."

"But... see here, your honor, let's face the facts. Mrs. Stuart hasn't any property or funds that can be attached; she's the beneficiary of a trust. Same for the boy. We expected to levy against the beast itself; he will bring a good price in the proper market. Now you have, if you will permit me, upset the apple cart. If one of those scientific... hrrumph! ... persons starts a long series of tests, years long perhaps, or throws doubt on the beast's status as a chattel... well, where should we look for relief? Should we sue the city?"

Lombard was on his feet instantly. "Now, look here, you can't sue the city! The city is one of the damaged parties. On that theory..."