"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..."
"Order," Greenberg said sternly. "None of those questions can be answered now. All civil actions will be continued until the status of Lummox is clarified." He looked at the ceiling. "There is another possibility. It would seem that this creature came to Earth in the Trail Blazer. If my memory of history serves, all specimens brought back by that ship were government property. If Lummox is a chattel, he may nevertheless not be private property. In that event, the source of relief may be a matter of more involved litigation."
Mr. Schneider looked stunned, Mr. Lombard looked angry, John Thomas looked confused and whispered to Betty, "What's he trying to say? Lummox belongs to me.
"Ssh..." Betty whispered. "I told you we would get out of it. Oh, Mr. Greenberg is a honey lamb!"
"But..."
"Hush up! We're ahead."
Mr. Ito's son had kept quiet except when testifying. Now he stood up. "Your honor?"
"Yes, Mr. Ito?"
"I don't understand any of this. I'm just a farmer. But I do want to know one thing. Who's going to pay for my father's greenhouses?"
John Thomas got to his feet. "I am," he said simply.
Betty tugged at his sleeve. "Sit down, you idiot!"
"You hush up, Betty. You've talked enough." Betty hushed up. "Mr. Greenberg, everybody else has been talking. Can I say something?"
"Go ahead."
"I've listened to a lot of stuff all day. People trying to make out that Lummox is dangerous, when he's not People trying to have him killed, just for spite, yes, I mean you, Mrs. Donahue!"
"Address the court, please," Greenberg said quietly.
"I've heard you say a lot of things, too. I didn't follow all of them but, if you will pardon me, sir, some of them struck me as pretty silly. Excuse me."
"No contempt intended, I'm sure."
"Well... take this about whether Lummox is or isn't a chattel. Or whether he's bright enough to vote. Lummox is pretty bright, I guess nobody but me knows just how bright. But he's never had any education and he's never been anywhere. But that hasn't anything to do with who he belongs to. He belongs to me. Just the way I belong to him... we grew up together. Now I know I'm responsible for that damage last Monday... will you keep quiet, Betty! I can't pay for it now, but I'll pay for it. I..."