I said, “Come quickly, for the fire increases,” and we ran together.
We went round to the entrance, where the sound of my axe-stroke had roused the sleeping guard, the night—it seemed so long!—before, and finding none there to stay us, we climbed some stairs to a platform-grating which extended between the pens. There were five aside. The floors of them were of loose bars only, and were somewhat higher than the grating on which we stood, so that the Killers could pull out the bars without stooping. The water steamed and bubbled beneath them, and we looked down and saw it below the grating on which we stood. Beyond the pens we saw the open tank extending on every side but that by which we entered. At the farther end was the stone pier which I had seen previously, reaching far out into the deep water.
Four of the pens on the left hand were occupied. In each was one of the judges. They crouched dismally on the bars, with wings extended. The heavy dark bald heads, with their cruel horny beaks, were drooping hopelessly forward. Their eyes followed us with an intelligence that seemed afraid to hope, but begged for pity.
On the other side, there were three like them, and then two others that could move their wings, and these two were not still, but flopped unceasingly from side to side, sometimes almost reaching to the roof, and then coming down with clumsy flappings.
My companion addressed the one with the largest beak, and reached her point very promptly. “My Leader told me of you. It appears from your own tale that you are unfit for life. Do you agree?”
He answered, “She was very treacherous, for she let us tell all before she gave any sign that she had a Dweller’s mind.”
“I also may have a Dweller’s mind,” she answered coldly, “but listen, for your lives are balanced on the choice I give you. There is one with me who is not as I. You may think him more of your kind. I do not know. I think that you should die quickly, but he is less willing.
“Neither of us has heard your defence, and we will do so fairly. Your choice is this. One of us will question you to show that you should be in the tank below, and you shall reply as best you may. The other shall judge, and all shall accept the issue. It is yours to choose the one that shall judge you. You can also choose the one that shall speak for the rest, but it must be one only, except that the two who were the accusers can speak separately, if they will.”
Then the nine closed their minds from us, and disputed for a long time (as thought is counted) among themselves. Then the one to whom we had spoken told us, “We are all agreed that we shall argue this thing, and accept your verdict. The two wish to speak separately. We are not agreed on who shall speak for the seven, nor which shall judge us.”
My companion answered with patience, “It is necessary that you should agree quickly, but we cannot make you do so. In two minutes from now, if you should still be in this difficulty, we will drop one of you into the tank, and perhaps you will find that six agree more easily. If not, we will make further reductions as long as this assistance is needed.”
He looked at us with eyes that were naturally hard and cruel, but were now flaccid with misery, and a cunning gleam was in them, as he tried to probe our minds to find which would be the first to be sentenced, but my companion baffled him.
It was but a few seconds later that he answered, “I am to speak for the seven. You will argue against me, and the Prehistoric will judge us. So we have decided by a majority, for fools are many.”
“You may be right in that,” my companion answered, “but I think that it will make no difference.”
XXVII
The Verdict
My companion commenced her examination immediately. I have thought since that it might be a model in many ways for the conduct of a prosecuting counsel in our own courts.
I knew that she considered the accused unfit to live, and that they had been competently tried and condemned already. Yet, now that the decision had been placed with me, and it was her part to accuse them, her questions were direct and fair, without subtlety or dissimulation, seeking the truth without favour, and equally ready to develop a point, whether it were against or for them.
The fact that the spokesman of the accused was accustomed to legal argument, (which she certainly was not), and was of an acute and vigorous mentality, gave additional interest to the quick exchange of thoughts by which their lives were decided.
“We have been told that you are judges among your own kind?”
“Yes.”
“Is it necessary that you should be unanimous, or do you decide by a majority?”
“By a majority.”
“A female was brought before you for stealing food, and was condemned to be beaten?”
“Yes.”
“Were you unanimous in this case?”
“Yes. I should explain. She was first brought before two only. She was condemned, and appealed. The appeal was heard by five, who confirmed the verdict.”
“Did the appeal relate to her guilt only, or to her sentence also?”
“To both.”
“Was the sentence altered at the appeal?”
“It was increased. But that was because the accused attempted escape, while the appeal was pending.”
“What were the two sentences?”
“Eight strokes were to be given under the wings with a five-thonged scourge for the theft, and sixteen similar strokes for attempt to break her prison.”
“Then two of the judges are not responsible for the larger part of the sentence?”
“We are all responsible. It is our law that if a sentence be increased, or an additional one given, by
