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[Transcriber's Note: This etext was produced from Astounding Science
Fiction June 1955. Extensive research did not uncover any evidence that
the U.S. copyright on this publication was renewed. Minor typographical
errors have been corrected without note.]

CRIMINAL NEGLIGENCE

[Illustration]

     _Somebody was going to have to be left behind ... and who it would
     be was perfectly obvious...._

BY J. FRANCIS MCCOMAS

Illustrated by Freas

Warden Halloran smiled slightly. "You expect to have criminals on Mars,
then?" he asked. "Is that why you want me?"

"Of course we don't, sir!" snapped the lieutenant general. His name was
Knox. "We need men of your administrative ability--"

"Pardon me, general," Lansing interposed smoothly, "I rather think we'd
better give the warden a ... a more detailed picture, shall we say? We
have been rather abrupt, you know."

"I'd be grateful if you would," Halloran said.

He watched the lanky civilian as Lansing puffed jerkily on his cigar. A
long man, with a shock of black hair tumbling over a high, narrow
forehead, Lansing had introduced himself as chairman of the project's
coördinating committee ... whatever that was.

"Go ahead," grunted Knox. "But make it fast, doctor."

Lansing smiled at the warden, carefully placed his cigar in the ash tray
before him and said, "We've been working on the ships night and day.
Both the dust itself and its secondary effects are getter closer to us
all the time. We've been so intent on the job--it's _really_ been a race
against time!--that only yesterday one of my young men remembered the
Mountain State Penitentiary was well within our sphere of control."

"The country--what's left of it--has been split up into regions," the
general said. "So many ships to each region."

"So," Lansing went on, "learning about you meant there was another batch
of passengers to round up. And when I was told the warden was
yourself--I know something of your career, Mr. Halloran--I was
delighted. Frankly," he grinned at Knox, "we're long on military and
scientific brass and short on people who can manage other people."

"I see." Halloran pressed a buzzer on his desk. "I think some of my
associates ought to be in on this discussion."

"Discussion?" barked Knox. "Is there anything to discuss? We simply want
you out of here in an hour--"

"Please, general!" the warden said quietly.

       *       *       *       *       *

If the gray-clad man who entered the office at that moment heard the
general's outburst, he gave no sign. He stood stiffly in front of the
warden's big desk, a little to one side of the two visitors, and said,
"Yes sir, Mr. Halloran?"

"Hello, Joe. Know where the captain is?"

"First afternoon inspection, sir." He cocked an eye at the clock on the
wall behind Halloran. "Ought to be in the laundry about now."

The warden scribbled a few words on a small square of paper. "Ask him to
come here at once, please. On your way, please stop in at the hospital
and ask Dr. Slade to come along, too." He pushed the paper across the
desk to the inmate. "There's your pass."

"Yes sir. Anything else, warden?" He stood, a small, square figure in
neat gray shirt and pants, seemingly oblivious to the ill-concealed
stares of the two visitors.

Halloran thought a moment, then said, "Yes ... I'd like to see Father
Nelson and Rabbi Goldsmid, too."

"Uh, Father Nelson's up on the Row, sir. With Bert Doyle."

"Then we'll not bother him, of course. Just the others."

"Yes, sir. On the double."

Lansing slouched around in his chair and openly watched Joe Mario walk
out. Then he turned back to Halloran and said, "That chap a ... a
trusty, warden?"

"To a degree. Although we no longer use the term. We classify the
inmates according to the amount of responsibility they can handle."

"I see. Ah--" he laughed embarrassedly, "this is the first time I've
been in a prison. Mind telling me what his crime was?"

Halloran smiled gently. "We try to remember the man, Dr. Lansing, and
not his crime." Then he relented. "Joe Mario was just a small-time crook
who got mixed up in a bad murder."

Lansing whistled.

"Aren't we wasting time?" growled the general. "Seems to me, warden, you
could be ordering your people to pack up without any conference. You're
in charge here, aren't you?"

Halloran raised his eyebrows. "In charge? Why, yes ... in the sense that
I shape the final decisions. But all of my assistants contribute to such
decisions. Further, we have an inmate's council that voices its opinion
on certain of our problems here. And we--my associates and I--listen to
them. Always."

Knox scowled and angrily shifted his big body. Lansing picked up his
cigar, relit it, using the action to unobtrusively study the warden.
Hardly a presence to cow hardened criminals, Lansing thought. Halloran
was just below middle height, with gray hair getting a bit thin, eyes
that twinkled warmly behind rimless glasses. Yet Lansing had read
somewhere that a critic of Halloran's policies had said the penologist's
thinking was far ahead of his time--too far, the critic had added.

       *       *       *       *       *

As Joe Mario closed the warden's door behind him, two inmates slowed
their typing but did not look up as he neared their desks. A guard left
his post at the outer door and walked toward Mario. The two of them
stopped beside the desks.

"What's the word, Joe?" the guard asked.

Mario held out his pass.

"Gotta round up the captain, Doc Slade and the Jew preacher," he said.

"All right. Get going."

"What do those guys want?" asked a typist as he pulled the paper from
his machine.

Mario looked quickly at the guard and as quickly away from him.

"Dunno," he shrugged.

"Somethin' about the war, I bet," grunted the typist.

"War's over, dope," said the other. "Nothin' behind the curtain now but
a nice assortment of bomb craters. All sizes."

"Go on, Joe," ordered the guard. "You heard something. Give."

"Well ... I heard that fat general say something about wanting the
warden outa here in a hour."

The typewriters stopped their clacking for a bare instant, then started
up again, more slowly. The guard frowned, then said, "On your way, Joe."
He hesitated, then, "No use to tell you to button your lip, I guess."

"I'm not causing any trouble," Mario said, as the guard opened the door
and stood aside for him to pass into the corridor.

O.K.'d for entrance into the hospital wing, Joe Mario stood outside the
railing that cut Dr. Slade's reception area off from the corridor that
led to the wards. An inmate orderly sat behind the railing, writing a
prescription for a slight, intelligent-looking man.

Mario heard the orderly say, "All right, Vukich, get that filled at the
dispensary. Take one after each meal and come back to see us when the
bottle's empty. Unless the pain gets worse, of course. But I don't think
it will."

"Thanks, doc," the patient drawled.

Both men looked up then and saw Mario.

"Hi, Joe," the orderly smiled. "What's wrong with you? You don't look
sick!"

"Nothin' wrong with me that a day outside couldn't cure."

"Or a _night_," laughed Vukich.

Mario ran a hand over his sleek, black hair. "Better a night, sure," he
grinned back. Then he sobered and said to the orderly, "Warden wants to
see the doc. Right away."

"Mr. Halloran sick?"

"Naw ... it's business. Urgent business."

"Real urgent, Joe? The doc's doing a pretty serious exam right now."

Mario paused, then said, "You guys might as well know about it. There's
a general and a civilian in the warden's office. They're talkin' about
something outside. Warden wants the doc in on it."

Sudden tension flowed out between the three men. Down the hall, a
patient screamed suddenly in the psycho ward. The three of them jerked,
then grinned feebly at each other.

Vukich said slowly, "Well, you don't start playing catch with atom bombs
without dropping a few. Wonder what it's like ... out there?"

"We haven't _heard_ that it's any different," the orderly's voice lacked
conviction.

"Don't be silly," Vukich said flatly. "Ever since they moved the dames
from Tehama into C block we've known _something_ happened."

"Get the doc," Mario said. "I've got to be on my way."

"Me, too." Vukich's thin, clever face looked thoughtful.

The others stared blankly at him and said nothing.

       *       *       *       *       *

As Alfred Court, captain of the prison, strode down the flower-bordered
path that led from the shops unit past A block to the administration
building, a side door in A block clanged open and a sergeant came out.
The sergeant turned without seeing his superior and walked hurriedly
toward the administration wing.

"Hey, sarge!" Court called. "What's the hurry?"

The sergeant whirled, recognized the captain and quickly saluted.

"Glad to see you, sir," he said. "Just the man I was looking for!"

"Good enough. What's on your mind? Better tell me as we go for the
warden's in a hurry to see me."

The two men walked abreast, both big, although Court lacked any trace of
the sergeant's paunch. As they walked and talked, their eyes darted
continually about, unconsciously checking the appearance of the
buildings, the position of the guard in the gun tower, the attitude of a
very old inmate who was meticulously weeding a flower bed.

"Captain, you going to let the men out for their yard time?"

Court's pace slowed. "Why not?"

"No real reason ... _now_. But there's trouble in the air, sir. I can
smell it. The whole place is buzzing ... with _something_."

"With what?"

"I can't put my finger on it. But all the men know there's some pretty
big shots--at least one general, they say--in the warden's office, right
now. There's a hot rumor that there's trouble outside--some sort of
disaster."

Court laughed shortly. "That Mario! He's going to lose a nice job if he
doesn't keep his mouth shut!"

"None of them keep their mouths shut, captain."

"Yes ... well, I don't know what's up, myself. I'm heading for that
conference right now. I'll ask the warden about letting the men out of
their cells. What's their attitude?"

The sergeant's broad, red face grew more troubled.

"Uh ... the men aren't hostile, captain. They seem worried, nervous ...
kind of scared. If somebody at the top--the warden or yourself--could
convince them things were as usual outside ... they'd quiet down, I'm
sure."

They were now thirty feet from the door to the administration building a
door that opened for but one man at a time. The officers stopped.

"Things are _not_ normal outside," Court growled, "and you know it. I've
been wondering how long this prison could go on--as if there were still
a state's capital, with its Adult Authority, its governor, its Supreme
Court. D'you think every man jack here doesn't know a visit from the
Authority's long overdue!"

"Yeah--"

"Well, I'll go in, sarge, and see what's what. If you _don't_ hear from
me, stick to routine."

"Right, captain."

He remained where he was while Captain Court walked slowly toward the
door, both hands well in sight. A pace from the door he stopped and
exchanged a few words with someone watching him through a barred
peephole. After a moment, the door slid open and he walked into the
building.

He was the last to arrive at the warden's office. Lansing gazed at him
in fascination. Goldsmid had been a Golden Gloves champion middleweight
before he had heeded the call of the Law, and he looked it. Dr. Slade
was the prototype of all overworked doctors. But Court was a type by
himself. Lansing thought he'd never seen a colder eye. Yet, the
captain's lean face--so unlike the warden's mild, scholarly one--was
quiet, composed, unmarked by any weakness of feature or line of
self-indulgence. A big, tough man, Lansing mused, a very tough man. But
a just one.

       *       *       *       *       *

"I've a problem, warden," Court said when the introductions were over.
"Something we should decide right away."

"Can't it wait?" Knox said irritably.

Lansing almost choked with stifled laughter when Court just glanced
briefly at Knox, then said quietly to the warden, "Sergeant Haines has
just advised me that the inmates know about these gentlemen and
they're--restless. I wonder if we shouldn't keep the men in their cells
this afternoon."'

"Blast it!" roared Knox. "Can't you people keep a secret?"

"There are no secrets in prison, general," Halloran said mildly. "I
learned that my first week as a guard, twenty years ago." To Court he
said, "Sit down, Alfred. Unless you disagree strongly, I think we'll let
the men out as usual. It's a risk, yes, but right now, the closer we
stick to normal routine, the better."

"You're probably right, sir."

Court sat down and Halloran turned to his two visitors.

"Now, gentlemen," he smiled, "we're at your disposal. As I told you, my
two associate wardens aren't here. Mr. Briggs is in town and Mr. Tate is
home ill. Dr. McCall, our Protestant clergyman, is also home, recovering
from a siege with one of those pesky viruses. But we here represent
various phases of our administration and can certainly answer all of
your questions."

"Questions!" Knox snorted. "We're here to tell you the facts--not ask."

"General," soothed Lansing. He looked across the desk at Halloran and
shrugged slightly. The warden twinkled. "General Knox is a trifle ...
ah, overblunt, but he's telling you the essential truth of the
situation. We've come to take you away from here. Just as soon as you
can leave."

"Hey?" cried Slade. "Leave here? The devil, man, I've got to take out a
gall bladder this afternoon!"

"I'm afraid I don't understand," murmured Goldsmid. "I thought the war
was over--"

"This is all nonsense!" There was an ominous note in Knox's hoarse
voice. "Do you people realize you're now under the authority of the
Fifth Defense Command?"

Lansing cried: "Let's be sensible about all this!" He pointed his cigar
at the fuming soldier. "General, these gentlemen have every right to
know the situation and we'll save time if you'll permit me to give them
a quick briefing."

"All right! All right!"

"Well, then." Lansing crossed his long legs, glanced nervously about the
room, and said, "The world as we know it is done with. Finished. In
another week it will be completely uninhabitable."

[Illustration]

"Hey," grunted Slade. "You Lansing, the physicist?"

"That's right, doctor."

"Didn't place you at first. Well, what's going to end this lousy old
world of ours?"

"Well," Lansing answered, "we wiped out our late antagonists with skill
and dispatch. But, in the end, they outsmarted us. Left behind some sort
of radioactive dust which ... _spreads_. It's rolling down on us from
Chicago and up from Texas. God knows what other parts of the country are
like--we haven't had time to discuss it with them on the radio."

Goldsmid muttered something in Hebrew.

"Isn't that lack of communication rather odd?" asked the warden.

"Not so very. We've been too busy building rocket ships."

"Rocket ships!" Court was jarred out of his icy calm.

"You mean spaceships?" cried the doctor.

"Yes, Slade, they do," murmured the warden.

"Precisely," Lansing said. "When it looked as if the cold war would get
rather warm, the allied governments faced up to the fact that our
venerable planet might become a ... ah, a battle casualty. So, in
carefully selected regions, rather extensive preparations were made for
a hurried departure from this sector of the universe."

"Oh, come to the point!" Knox exploded. "All you people need to know is
that one of those regions is this area of the Rocky Mountains, that the
ships are built and ready to go, and that you're to get aboard. Fast!"

"That," nodded Lansing, "is it."

       *       *       *       *       *

The four prison officials looked at each other. Halloran and Court sat
quiet; Goldsmid slowly dropped his eyes to the ground and his lips
moved. Slade scratched his chin.

"Going to Mars, hey?" he asked abruptly.

"That's our destination."

The doctor chuckled. "Comic-book stuff," he chortled.

"No, it isn't," Halloran said. "We've been expecting something like this
for a long time. Haven't we?"

"Indeed we have," Goldsmid said. "Expecting, but not quite believing."

Halloran looked thoughtfully at the physicist. "Dr. Lansing, these ships
of yours ... they're pretty big, I take it?"

"Not as big as we like. They never are. But they'll do. Why?"

"I should remind you that we have well over two thousand inmates here."

"Inmates!" barked the general. "Who the devil said anything about your
inmates? Think we'll take a lot of convicts to Mars! Populate it with
killers, thieves--"

"Who does go, then?" Halloran did not raise his voice but Knox looked
suddenly uneasy.

"Why ... uh, your operating personnel," he replied gruffly. "Your
guards, clerks ... hell, man, it's obvious, isn't it?"

"I'm afraid that is out," Goldsmid said. "For me, that is." He stood up,
a heavy-shouldered middleweight running a little to fat. "Excuse me,
warden, my counseling period's coming up."

"Sit down, Pete," Halloran said quietly. "We haven't finished this
conference."

"I admire your sentiments, Rabbi," Lansing said hurriedly, "but surely
you realize that we can't take any criminal elements to ... ah, what
will be our new world. And we do have a special need for you. We've
plenty of your co-religionists among our various personnel, but we don't
have an ordained minister for them. They're your responsibility."

"Afraid my first responsibility is here." Goldsmid's voice was quite
matter-of-fact.

"So's mine," grunted Slade. "Warden, even if the world ends tomorrow,
I've got to get Squeaker Hanley's gall bladder out today. No point in my
hanging around any longer is there?"

"Of course there is," Halloran answered. He took a package of cigarettes
from his pocket, selected one, and lit it. He exhaled smoke and looked
speculatively at Lansing. The scientist felt himself blushing and looked
away.

Halloran turned to Court.

"Quite a problem, isn't it, Alfred," he said. "I suppose these gentlemen
are right in keeping the inmates off their ships. At any rate, _we_
can't argue the matter--so let's do what we're asked. I think you'd
better plan to get the guards out of here tonight, at shift change.
Might pass the word to their wives now, so they can start packing a few
essentials. Doc," he turned to Slade, "before you get your greedy hands
on Squeaker's gall bladder, you'd better round up your staff and have
them make the proper arrangements."

"O.K., I'll put it up to them."

"You'll _not_ put it up to them," the warden said sharply. "You'll
_order_ them to be ready when the general, here, wants them."

"I'll give no orders," Slade said grimly.

"Just a minute," interposed Court. "Sir, aren't you going?"

"Of course not. But that's neither here nor there--"

The loud clangor of a bell pealed through the room. The two visitors
jumped.

"What's that?" cried Knox.

"Yard time," Halloran smiled. "The men are allowed two hours out in the
yard, now. They exercise, play games, or just sit around and talk."

"Oh."

"Did I understand you correctly, Warden Halloran?" Lansing's bony face
was pale now. "Do you refuse to come with us?"

       *       *       *       *       *

When the bell rang, Joe Mario had been standing near the door to the
warden's office, ostensibly filing reports. Now, he closed the drawer
with a bang, stretched, and started toward the outside door.

"Where are you going?" the guard asked suspiciously.

"The yard. Where else?"

"Not a word," Mario added virtuously. "I was too busy doin' my work.
Anyway, you gotta let me out. My team's got a ball game set for this
afternoon."

"Oh ... all right." He looked at the typists. "How about you two? Want
out?"

The two men glanced quickly at each other, then shoved back their chairs
and got up from their desks.

"Sure," one of them grinned, "I guess we'll take a little air."

       *       *       *       *       *

Lansing had the feeling he used to have occasionally, back in his
university days when he lectured on freshman physics--as if he were
talking to a class of deaf students. For, like the hapless freshmen,
Warden Halloran was quite obviously not listening to him. But the
scientist plunged on. "Sir," he said hoarsely, "we need you. We _will_
need you! I'm a scientist--I know nothing of the problems of ... ah,
community living. Neither does Knox. He's accustomed to major
crises--and solving them by giving orders. But both of us know there'll
come a time when people won't take orders--"

"Absolutely correct," Knox said unexpectedly. "Once we get settled on
Mars, the military takes a back seat. And--I mean this, Lansing--_I'll_
be damn' glad of it. When the people get their towns built they'll need
some gents with the right kind know-how to help them, show them--"

"That's all very interesting, general, but it's not for me."

"Why not?"

Halloran snubbed out his cigarette, looked up at the general and at the
scientist. He smiled briefly. "It's just my job, gentlemen--let's not
discuss the matter any further. You can't make me go."

"We will!" barked Knox. "I told you you were under the jurisdiction of
the Fifth Defense Command and you are. If I want to, I can send a tank
company over here and drag you to those ships!"

"He's right, you know," Lansing said.

Court stood up and took one step toward the general.

"Alfred!" the warden did not lift his voice, but Court stopped. "General
Knox," Halloran went on in a conversational tone, "you're being a bit of
bully, you know, and in this prison we've all been ... ah, conditioned
against bullies." He looked down at his desk and frowned. "However, I'll
admit that your position requires that I elaborate my reasons for
staying here. Well, then. As I see it, your people, your ... ah,
colonists, can help themselves. Most of _my_ people, the inmates here,
can't. A long time ago, gentlemen, I decided I'd spend my life helping
the one man in our society who seemingly can't help himself, the
so-called criminal. I've always felt that society owes a debt to the
criminal ... instead of the other way around."

He hesitated, grinned apologetically at Captain Court. "I'm sermonizing
again, eh, Alfred? But," he shrugged, "if I must get dramatic about it I
can only say that my life's work ends only with my--death."

"It's quite a rough job, you know," Goldsmid remarked. "This is a
maximum security institution. Too many of the inmates have disappointed
the warden. But he keeps trying and we've learned to follow his
example."

"Our psychiatric bunch have done some mighty interesting things," beamed
Slade, "even with cases that looked absolutely hopeless."

"None of them can be saved now," muttered Lansing.

"That is in the hands of God," Goldsmid replied.

"Well," Halloran said gently, "still going to send those tanks after me,
general?"

"Uh ... no ... I won't interfere with a man doing his duty."

Lansing cleared his throat, looked slowly from the somber-faced
clergyman, to the fidgeting medico, to the burly captain, still staring
impassively at the general, to, finally, the quiet, smiling warden.
"Gentlemen," he said slowly, "it occurs to me that the situation hasn't
actually registered on you. The earth is really doomed, you know. This
dust simply won't tolerate organic life. In some way--we have not had
time to discover how--it's self-multiplying, so, as I said, it spreads.
Right now, not a tenth of this entire continent--from the pole down to
the Panama Canal--is capable of supporting any kind of life as we know
it. And that area is diminishing hourly."

"No way of checking it?" Slade asked. His tone was one of idle
curiosity, nothing else.

"No. It's death, gentlemen. As deadly as your ... ah, gallows."

"We use the gas chamber," Halloran corrected him. His mouth twisted.
"More humane, you know."

There was brief quiet, then the warden said, "Well ... now that we've
finished philosophizing, let's get back to the matter at hand. We can
have everyone that's going ready to leave by seven tonight. Will that be
satisfactory?"

"It'll have to be," Knox grunted.

"Thank you." Halloran reached for his phone, then dropped his hands on
his desk. "I'd like to ask you a question," he said. "Perhaps it's
presumptuous, but I'm rather curious about the ... er, last workings of
our government. Tell me, don't you really have room for our inmates? You
haven't told us how many ships you've built. Or how big they are."

Lansing looked at Knox. The general flushed, then stared at the floor.
Lansing shrugged tiredly.

"Oh, we've plenty of room," he sighed. "But ... our orders are to take
only those completely fit to build a new world. We've ... well, we have
practiced a lot of euthanasia lately."

"Judges," murmured Goldsmid.

"If you had come sooner," there was no anger in Halloran's voice,
"couldn't you have selected some of our people, those that I ... all of
us know are ready for rehabilitation--even on another planet?"

"Perhaps. But no one remembered there was a prison nearby."

The warden looked at the rabbi. Goldsmid raised his heavy shoulders in
an ancient Hebraic gesture.

"That was always the trouble, wasn't it, Pete?" Halloran murmured.
"People never remembered the prisons!"

The telephone beside him shrilled loudly, urgently.

       *       *       *       *       *

The inmate mopping the floor of Condemned Row's single corridor slowed
in front of Bert Doyle's cell. Doyle was slated for a ride down the
elevator that night to the death cell behind the gas chamber. At the
moment, he was stretched out on his bunk, listening to the soft voice of
Father Nelson.

"Sorry to interrupt," the inmate said, "but I thought you'd like to know
that all hell's busting loose down in the yard."

Father Nelson looked up.

Doyle, too, looked interested. "A riot?" he asked.

"Yessiree, bob!"

"Nonsense!" snapped the priest. "This prison doesn't have riots!"

"Well, it's sure got one, now. 'Scuse me, Father, but it's the truth.
The men grabbed four or five yard guards and the screws in the towers
don't dare shoot!"

He gave up all pretense of work and stood, leaning on his mop-handle,
his rheumy old eyes glowing with a feverish excitement.

Nelson stood up.

"Will you excuse me, Bert?" he asked. "I'd better see if I can help the
warden."

Doyle, too, sat up, swung his feet to the steel floor, stood up and
stretched. "Sure," he said. His hard face was pale but otherwise he
seemed quite calm. "You've been a great help, Father." He looked
quizzically at the old inmate. "You lying, Danny? Seems to me the boys
have got nothing to beef about here."

"Heh, they sure have now."

"What?"

"Well, I got this from a guy who got it from Vukich who heard it from
Joe Mario. Seems there's a big-shot general and some kinda scientist in
Mr. Halloran's office." He shifted his grip on the mop-handle. "You
gents maybe won't believe this, but it's what Joe heard 'em say to the
warden. Outside is all covered with radium and this general and this
here scientist are goin' to Mars an' they want the warden to go along.
Leavin' us behind, of course. That's what the boys are riotin' about."

Bert Doyle burst into harsh laughter.

"Danny! Danny!" he cried. "I've been predicting this! You've gone
stir-bugs!"

"Ain't neither!"

"Just a moment, Bert," Nelson whispered. Aloud he said, "Dan, go call
the guard for me, please." When the old man had shuffled out of earshot
the priest said to the condemned man, "It could be true, Bert. By
radium, he means radioactive material. And there's no reason spaceships
can't get to Mars. We'd reached the Moon before the war started, you
know."

Doyle sank back on his bunk.

"Well, I'll be damned!" he breathed.

"Bert!"

Doyle grinned sheepishly. "Force of habit." Then, more soberly, "So
they're off to Mars, eh? Father, you better get down there and pick up
your reservations!"

"Don't be ridiculous!" The priest's voice softened and he patted the
killer's shoulder. "I will go down and see what's what, Bert. And I'll
be back just as soon as the men have quieted down. That is, if they
_are_ creating a disturbance."

The footsteps of the approaching guard sounded loud in the corridor.
Doyle frowned a little.

"When you come back, Father, you'll tell me the truth? No kidding, now!"

The guard stood in front of the door of heavy steel bars. Father Nelson
looked down at the man on the bunk.

"I'll tell you everything, Bert. I swear it."

"Uh, Father?" the guard's voice was nervous--and embarrassed.

"Yes, Perkins?"

"I ... I can't let you out right now. Orders from the warden. Not a
cell door opens till I hear from him direct."

[Illustration]

Doyle chuckled.

"Might as well sit down, Father," he said, "and make yourself
comfortable--"

       *       *       *       *       *

"What will you do?" cried Lansing.

"Go out and talk to them, of course," replied Halloran. He arose from
his desk, a calm, unhurried man.

"Look," growled Knox, "you get me through to the town. Some of our
people are still there. I'll order out as many soldiers as you want.
I'll see to it that they get here--on the double!"

Halloran flushed. "Would it ease your conscience, general," he grated,
"if you killed off my men instead of leaving them--behind! Now, you will
please keep quiet. You'll be perfectly safe!"

"What will we do with them, sir?" Court gestured at Lansing and Knox.

Halloran strode from behind his desk to the opposite end of the room. As
he twirled the dials of a wall safe he said, "They'll have to remain
here, for now. The men have got between this building and the gate
office." The safe swung open and he reached far inside and took out a
submachine gun. "Here," he held the weapon out to Court. "If I don't
come back, use this to get them to the gate office."

"Didn't know you had an arsenal in here!" cried Slade.

"No one else did, either, except Alfred. Now Doc, think you and Pete had
better stay here."

Slade and Goldsmid pulled themselves out of their chairs as one man.
Their timing was perfect.

"No, you don't, hero!" growled Slade.

"Warden," Goldsmid said, "perhaps _I_ could talk to the men--"

The warden smiled and walked toward the door. There he stopped and said
to Court, "Switch on the speaker system, Alfred. I'll take the portable
mike from the next office. While I'm out there, get word to all
custodial and operating personnel that they will be permitted to leave
tonight. Meantime, I hope they will stay on their jobs. Better phone Mr.
Tate, have someone try to locate Mr. Briggs, be sure and call Dr.
Slade's staff."

"Right, sir."

The three men left the office. Court, the gun cradled under one arm,
picked up the phone and spoke into it. His voice was a low, crisp
monotone. After a while, he replaced the receiver and stood quiet,
staring impassively at the others.

"You might say the warden's career has been twenty years of futility,"
he muttered. Lansing and Knox felt he wasn't actually speaking to them.
"Now me, I'm a screw of the old school. Hardboiled, they say. _I_ never
expected a thing from a con ... and cons have lied to him, politicians
have broken their promises ... but the liars have loved him and the
dumbest dope in the legislature has respected him."

"Will he ... be all right?" Lansing asked.

Court shrugged. "Who knows? You handled this very badly," he said
dispassionately. "Five minutes after you stepped through the main gate
every inmate in the place knew you were here and started wondering. Why
didn't you write--make arrangements to see the warden outside?"

"I'm sorry," Lansing said. "We know very little about prisons."

Court laughed shortly. "You'd better learn," he said grimly.

"Anyway we can see what's going on?" rumbled Knox. "And how about that
speaker business?"

"There's a window in the next office. Come along."

       *       *       *       *       *

They crouched at the window, the fat Knox whizzing a little, because
Court had ordered them to keep out of sight of the rioters. They saw
Halloran, Slade and Goldsmid at his heels, walking out into the small
courtyard that lay between them and safety. Over the wall speaker came a
sullen roar, something very like the ragged blast of a rocket whose
timing is off. A few gray-clad men in the courtyard saw the approaching
warden, surged toward him, screaming at their fellows in the big yard
behind them.

Halloran ignored the clutching hands. He held the mike up and they heard
him say, "There's no point in my talking with you unless you will be
quiet and listen." He paused. The roar slowly subsided into an angry
mutter. "Thanks. That's better."

Now, they could see Slade's head but both Halloran and the rabbi were
hidden by the swirl of gray figures that swept around the three prison
officials.

"Now," the warden went on, "it seems that you have something to say to
me. Good enough. But why didn't you send word through your council,
instead of roughing up guards, damaging property, yelling your heads off
and generally behaving like a bunch of spoiled brats. Go on, tell me!
Why?"

Someone's scream came clearly over the mike. "The world's coming to an
end! They're leaving us here to die!"

"Yeah!" the mike picked up another voice. "How about that?"

Before the wordless, mindless roar could rise again, the warden barked,
"Oh, hush up!" And they were quiet.

"My God," breathed Lansing.

"Now," Halloran's voice was easy, assured, "I want to make sure that all
of you hear me. So, I'm coming out in the center of the yard. Rabbi Pete
Goldsmid and Doc Slade insist on coming with me although," he chuckled,
"I understand Squeaker Hanley's screaming for the doc to cut out his
gall bladder." A few of the men laughed. "All right, here I come. And
you fellows behind me, keep off the wire. I don't want this mike to go
dead and have to yell my lungs out."

They saw the eddy of men around him move slowly through the broken gate
and out of their sight.

"What will he tell them," muttered Knox.

"Whatever--they'll believe it," Court said. The courtyard before them
was now empty. He stared thoughtfully out the barred window, then said,
"Think you could get to the gate office pretty soon, now--"

"No!" snarled Knox. "I want to see what happens to that gutty
so-and-so!"

Lansing grinned nervously. "Somehow, captain, I feel it won't be
necessary for us to sneak out of here."

       *       *       *       *       *

They listened again while assorted thieves, murderers, rapists,
men--save for an innocent few--whose hands were consistently raised
against their fellows' peace and property, heard their jailor tell them
that the end of their world, a world that many of them remembered but
dimly, was coming to an end. The screaming broke out again when Halloran
spoke of the Mars-bound ships, and, for a moment, the three in the
office thought he had lost control. But the amplifiers prevailed and
Halloran laughed and said, "Anyway, we're not going to Mars--"

"_You_ can go!"

The man who yelled that was apparently very close to the warden within
his view, for they heard him say: "Chrisman, you're a fool--as usual!
Would I bother to come out here and talk to you if I could go?"

That got them. That, they understood. If a guy didn't scram from a hot
spot when he could ... well, then, he couldn't scram in the first place.
So, the warden was stuck, just like they were.

Later, perhaps, a few of them might figure out why.

"Now, let's have no more interruptions," Halloran said. "_I_ don't think
there's any need to go. Neither does the doc, here, or the rabbi. We're
all staying--because the desert to the south of us has stopped the
spread of this dust and it seems it can't cross the rivers, either. So,
we're safe enough."

"But that's not true," groaned Lansing.

Court glanced at him. "Would you tell them different?" he said coldly.

"No--"

Halloran said, "Well, that's that. Life is a little difficult outside
and so the people out there want to try to get to Mars. Believe me,
that's a trip I want someone else to make first. But if they think life
will be easier on those deserts--why, let them go. But God help
them--they'll need it."

He paused. Knox tried to catch Lansing's eye, but the scientist's face
was blank, unseeing.

"What do _we_ do?" This voice was not hysterical, just seriously
questioning.

"_You_ should do darned well. Life should be easy enough for _you_.
You've got your own farms, your livestock, laundry, hospital,
shops--everything a man can need. So, take over and run things to suit
yourselves."

A unanimous gasp whistled over the speaker. Then, they all cried just
one word.

"Us?"

"Why not? Don't you think you can?"

Silence, broken by strange, wistful mutterings.

"I'd suggest this," Halloran said. "Let's follow our normal routine
tonight--no lock-ups, of course--and tomorrow, you fellows take over.
I'll help you in any way I can. But it will be _your_ job. Perhaps after
breakfast tomorrow, you ought to have a mass meeting. Under the
supervision of your council, I'd say. You can't keep going without some
kind of order, you know."

Again silence.

"My God," whispered Lansing, "he makes it all sound so _real_."

"Any questions?" Halloran asked.

"Hey, warden! How about the dames?"

"The ladies will join you tomorrow morning." He chuckled. "I imagine
they'll be able to handle you all right!"

A joyous roar.

"However," Halloran raised his voice, "I'd like to remind you fellows
that a successful community needs ... _families_!"

There was a long quiet, then, broken finally by an inmate who asked,
"Warden, how about the guys up on the Row?"

"Well," Halloran's voice lost all humor, "you can start ripping out the
gas chamber whenever you're ready to. I'll see that you get the tools."

The swell of applause was so loud in the office that Court hastily
turned down the speaker's volume.

"All right," Halloran said when they had quieted down, "that's about it.
You're free now, till supper-time. I'd suggest all of you start right
now, thinking about your future--"

     *     *     *     *     *

Outside the main gate, first Knox, then Lansing shook hands with the
gray-faced warden.

"Trucks'll be in town at seven for your people," Knox muttered. He gave
a windy sigh. "It's all fouled up. As usual. Damn it, we need people
like you, sir!"

Lansing looked at Halloran for a long time, trying to see behind the
mask of exhaustion. "I'm a mannerless fool," he said at last. "But Mr.
Halloran, would you tell me what you're thinking? I mean, really
thinking? Even if it's rough on us!"

Halloran laughed softly. "I wasn't thinking about you at all, Dr.
Lansing. I was--and am--regretting that what I told the men couldn't be
the truth. It's too bad they'll have so short a time. It would be very
interesting to see what they would do with--_life_."

Knox scowled. "Seems like they haven't done much with it so far."

"Come along, general," Lansing said quietly. "You don't understand. None
of us do. We never did."

THE END

End of Project Gutenberg's Criminal Negligence, by Jesse Francis McComas
{'title': 'Criminal Negligence by J. Francis McComas', 'source': 'Project Gutenberg', 'lang': 'en'}