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"Jerry, my boy, are you a good worker?"

"Sure mike! Jerry good worker!"

"Maybe bad worker, huh? Lazy. Hide from strawboss."

"No, no, no! Jerry good worker. Dig. Weed. Not dig up vegetaber. Dig up weed. Work hard."

"You will see," Pomfrey addressed the court, "that my client has very definite ideas of what is true and what is false. Now let us attempt to find out whether or not he has moral values which require him to tell the truth. Jerry "

"Yes, Boss."

Pomfrey spread his hand in front of the anthropoid's face. ' How many fingers do you see?"

Jerry reached out and ticked them off. "One two sree four, uh five."

"Six fingers. Jerry."

"Five, Boss."

"Six fingers. Jerry. I give you cigarette. Six."

"Five, Boss. Jerry not cheat."

Pomfrey spread his hands. "Will the court accept him?"

The court did. Martha van Vogel sighed. Jerry could not count very well and she had been afraid that be would forget his lines and accept the bribe. But he had been promised all the cigarettes he wanted and chocolate as well if he would remember to insist that five was five.

"I suggest," Pomfrey went on, "that the matter has been established. Jerry is an entity; if he can be accepted as a witness, then surely he may have his day in court. Even a dog may have his day in court. Will my esteemed colleagues stipulate?"

Workers, Incorporated, through its battery of lawyers, agreed just in time, for me judge was begi

The tide was with him; Pomfrey used it. "If it please the court and if the counsels for the respondent will permit, we can shorten these proceedings. I will state the theory under which relief is sought and then, by a few questions, it may be settled one way or another. I ask that it be stipulated that it was the intention of Workers, Incorporated, through its servants, to take the life of my client."

Stipulation was refused.

"So? Then I ask that the court take judicial notice of the well known fact that these anthropoid workers are destroyed when they no longer show a profit; thereafter I will call witnesses, starting with Horace Blakesly, to show that Jerry was and presumably is under such sentence of death."

Another hurried huddle resulted in the stipulation that Jerry had, indeed, been scheduled for euthanasia.

"Then," said Pomfrey, "I will state my theory. Jerry is not an animal, but a man. It is not legal to kill him it is murder."

First there was silence, then the crowd gasped. People had grown used to animals that talked and worked, but they were no more prepared to think of them as persons, humans, men, than were the haughty Roman citizens prepared to concede human feelings to their barbarian slaves.

Pomfrey let them have it while they were still groggy. "What is a man? A collection of living cells and tissues? A legal fiction, like this corporate 'person* that would take poor Jerry's life? No, a man is none of these things. A man is a collection of hopes and fears, of human longings, of aspirations greater than himself more than the clay from which he came; less than the Creator which lifted him up from the clay. Jerry has been taken from his jungle and made something more than the poor creatures who were his ancestors, even as you and I. We ask that this Court recognize his manhood."

The opposing attorneys saw that the Court was moved, they drove in fast. An anthropoid, they contended, could not be a man because he lacked human shape and human intelligence. Pomfrey called his first witness Master B'na Kreeth.

The Martian's normal bad temper had not been improved by being forced to wait around for three days in a travel tank, to say nothing of the indignity of having to interrupt his researches to take part in the childish pow-wows of terrestrials.

There was further delay to irritate him while Pomfrey forced the corporation attorneys to accept B'na as an expert witness. They wanted to refuse but could not he was their own Director of Research. He also held voting control of all Martian-held Workers' stock, a fact unmentioned but hampering.





More delay while an interpreter was brought in to help administer the oath B na Kreeth, self-centered as all Martians, had never bothered to leam English.

He twittered and chirped in answer to the demand that he tell the truth, the whole truth, and so forth; the interpreter looked pained. "He says he can't do it," he informed the judge.

Pomfrey asked for exact translation.

The interpreter looked uneasily at the Judge. "He says that if he told the whole truth you fools not 'fools' exactly; it's a Martian word meaning a sort of headless worm-you would not understand it.У

The court discussed the idea of contempt briefly. When die Martian understood that he was about to be forced to remain in a travel tank for thirty days he came down off his high horse and agreed to tell the truth as adequately as was possible; he was accepted as a witness.

"Are you a man?" demanded Pomfrey.

"Under your laws and by your standards I am a man.

"By what theory? Your body is unlike ours; you ca

The Martian answered carefully: "I quote from the Terra-Martian Treaty, which you must accept as supreme law. ТAs members of the Great Race, while sojourning on the Third PlanetХshall have all the rights and prerogatives of the native dominant race of the Third Planet.У This clause has been interpreted by the Bi-Planet Tribunal to mean that members of the Great Race are ФmenХ whatever that may be."

"Why do you refer to your sort as the 'Great Race'?"

"Because of our superior intelligence."

"Superior to men?"

"We are men."

"Superior to the intelligence of earth men?"

"That is self-evident."

"Just as we are superior in intelligence to this poor creature Jerry?"

"That is not self-evident."

"Finished with the witness," a

He had just begun to discuss how a truly superior race could be bred by combining the best features of anthropoids and men when he was hastily asked to "stand down."

"May it please the Court," said Pomfrey, "we have not advanced the theory; we have merely disposed of respondent's contention that a particular shape and a particular degree of intelligence are necessary to manhood. I now ask that the petitioner be recalled to the stand that the court may determine whether he is, in truth, human."

"If the learned court please " The battery of lawyers had been in a huddle ever since B'na Kreeth's travel tank had been removed from the room; the chief counsel now spoke.

"The object of the petition appears to be to protect the life of this chattel. There is no need to draw out these proceedings; respondent stipulates that this chattel will be allowed to die a natural death in the hands of its present custodian and moves that the action be dismissed."

"What do you say to that?" the Court asked Pomfrey.

Pomfrey visibly gathered his toga about him. "We ask not for cold charity from this corporation, but for the justice of the court. We ask that Jerry's humanity be established as a matter of law. Not for him to vote, nor to hold property, nor to be relieved of special police regulations appropriate to his group but we do ask that he be adjudged at least as human as that aquarium monstrosity just removed from this court room!"