Why Call Them Back from Heaven

1

The jury chortled happily. The type bars blurred with frantic speed as they set down the Verdict, snaking smoothly across the roll of paper.

Then the Verdict ended and the judge nodded to the clerk, who stepped up to the Jury and tore off the Verdict. He held it ritually in two hands and turned toward the judge.

"The defendant," said the judge, "will rise and face the Jury."

Franklin Chapman rose shakily to his feet and Ann Harrison rose as well and stood beside him. She reached out a hand and laid it on his arm. Through the fabric of his shirt she felt the quiver of his flesh.

I should have done a better job, she told herself. Although, in all fact, she knew, she had worked harder on this case than she had on many others. Her heart had gone out to this man beside her, so pitiful and trapped. Perhaps, she thought, a woman had no right to defend a man in a court like this. In the ancient days, when the Jury had been human, it might have been all right. But not in a court where a computer was the Jury and the only point at issue was the meaning of the law.

"The clerk," said the judge, "now will read the Verdict."

She glanced at the prosecutor, sitting at his table, his face as stern and pontifical as it had been throughout the trial. An instrument, she thought—just an instrument, as the Jury was an instrument of justice.

The room was quiet and somber, with the sun of late afternoon shining through the windows. The newsmen sat in the front row seats, watching for the slightest flicker of emotion, for the tiny gesture of significance, for the slightest crumb upon which to build a story. The cameras were there as well, their staring lenses set to record this moment when eternity and nothingness quavered in the balance.

Although, Ann knew, there could be little doubt. There had been so little upon which to build a case. The Verdict would be death.

The clerk began to read:

"In the case of the State versus Franklin Chapman, the finding is that the said Chapman, the defendant in this action, did, through criminal negligence and gross lack of responsibility, so delay the recovery of the corpse of one Amanda Hackett as to make impossible the preservation of her body, resulting in conclusive death to her total detriment.

"The contention of the defendant that he, personally, was not responsible for the operating efficiency and the mechanical condition of the vehicle employed in the attempt to retrieve the body of the said Amanda Hackett, is impertinent to this action. His total responsibility encompassed the retrieval of the body by all and every means and to this over-all responsibility no limitations are attached. There may be others who will be called upon to answer to this matter of irresponsibility, but the measure of their innocence or guilt can have no bearing upon the issue now before the court.

"The defendant is judged guilty upon each and every count. In lack of extenuating circumstances, no recommendation for mercy can be made."

Chapman sank slowly down into his chair and sat there, straight and stiff, his great mechanic's hands clasped tightly together on the table, his face a frozen slab.

All along, Ann Harrison told herself, he had known how it would be. That was why he was taking it so well. He had not been fooled a minute by her lawyer talk or by her assurances. She had tried to hold him together and she need not have bothered, for all along. he'd known how it was and he'd made his bargain with himself and now he was keeping it.

"Would defense counsel," asked the judge, "care to make a motion?"

Said Ann, "If Your Honor pleases."

He is a good man, Ann told herself. He's trying to be kind, but he can't be kind. The law won't let him be. He'll listen to my motion and he will deny it and then pronounce the sentence and that will be the end of it. For there was nothing more that anyone could do. In the light of evidence, no appeal was possible.

She glanced at the waiting newsmen, at the scanning television eyes, and felt a little tremor of panic running in her veins. Was it wise, she asked herself, this move that she had planned? Futile, certainly; she knew that it was futile. But aside from its futility, how about the wisdom of it?

And in that instant of her hesitation, she knew that she had to do it, that it lay within the meaning of her duty and she could not fail that duty.

"Your Honor," she said, "I move that the Verdict be set aside on the grounds of prejudice."

The prosecutor bounded to his feet.

His Honor waved him back into his chair.

"Miss Harrison," said the judge, "I am not certain that I catch your meaning. Upon what grounds do you mention prejudice?"

She walked around the table so that she might better face the judge.

"On the grounds," she said, "that the key evidence

concerned mechanical failure of the vehicle the defendant used in his official duties."

The judge nodded gravely. "I agree with you. But how can the character of the evidence involve prejudice?"

"Your Honor," said Ann Harrison, "the Jury also is mechanical."

The prosecutor was on his feet again.

"Your Honor!" he brayed. "Your Honor!"

The judge banged his gavel.

"I can take care of this," he told the prosecutor, sternly.

The newsmen were astir, making notes, whispering among themselves. The television lenses seemed to shine more brightly.

The prosecutor sat down. The buzz subsided. The room took on a deadly quiet.

"Miss Harrison," asked the judge, "you challenge the objectivity of the Jury?"

"Yes, Your Honor. Where machines may be involved. I do not claim it is a conscious prejudice, but I do claim that unconscious prejudice…"

"Ridiculous!" said the prosecutor, loudly.

The judge shook his gavel at him.

"You be quiet," he said.

"But I do claim," said Ann, "that a subconscious prejudice could be involved. And I further contend that in any mechanical contrivance there is one lacking quality essential to all justice—the sense of mercy and of human worth. There is law, I'll grant you, a superhuman, total knowledge of the law, but…"

"Miss Harrison," said the judge, "you're lecturing the court."

"I beg Your Honor's pardon."

"You are finished, then?"

"I believe I am, Your Honor."

"All right, then. I'll deny this motion. Have you any others?"

"No, Your Honor."

She went around the table, but did not sit down.

"In that case," said the judge, "there is no need to delay the sentence. Nor have I any latitude. The law in cases such as this is expressly specific. The defendant will stand."

Slowly Chapman got to his feet.

"Franklin Chapman," said the judge, "it is the determination of this court that you, by your conviction of these charges and in the absence of any recommendation for mercy, shall forfeit the preservation of your body at the time of death. Your civil rights, however, are in no other way impaired."

He banged his gavel.

"This case is closed," he said.