Page:Piper Little Fuzzy (1962).djvu/86

"Huh-uh!" Brannhard was positive. "Court ruling on that, about forty years ago, on Vishnu. Infanticide case, woman charged with murder in the death of her infant child. Her lawyer moved for dismissal on the grounds that murder is defined as the killing of a sapient being, a sapient being is defined as one that can talk and build a fire, and a newborn infant can do neither. Motion denied; the court ruled that while ability to speak and produce fire is positive proof of sapience, inability to do either or both does not constitute legal proof of nonsapience. If O'Brien doesn't know that, and I doubt if he does, Coombes will." Brannhard poured another drink and gulped it before the sapient beings around him could get at it. "You know what? I will make a small wager, and I will even give odds, that the first thing Ham O'Brien does when he gets back to Mallorysport will be to enter nolle prosequi on both charges. What I'd like would be for him to nol. pros. Kellogg and let the charge against Jack go to court. He would be dumb enough to do that himself, but Leslie Coombes wouldn't let him."

"But if he throws out the Kellogg case, that's it," Gerd van Riebeek said. "When Jack comes to trial, nobody'll say a mumblin' word about sapience."

"I will, and I will not mumble it. You all know colonial law on homicide. In the case of any person killed while in commission of a felony, no prosecution may be brought in any degree, against anybody. I'm going to contend that Leonard Kellogg was murdering a sapient being, that Jack Holloway acted lawfully in attempting to stop it and that when Kurt Borch attempted to come to Kellogg's assistance he, himself, was guilty of felony, and consequently any prosecution against Jack Holloway is illegal. And to make that contention stick, I shall have to say a great many words, and produce a great deal of testimony, about the sapience of Fuzzies."

"It'll have to be expert testimony," Rainsford said. "The testimony of psychologists. I suppose you know that the only psychologists on this planet are employed by the chartered Zarathustra Company." He drank what was left of his highball, looked at the bits of ice in the bottom of his glass and then rose to mix another one. "I'd have done the same as you did, Jack, but I still wish this hadn't happened."

"Huh!" Mamma Fuzzy looked up, startled by the exclama-