The Fourth "R", George O. Smith [ebook reader with internet browser .txt] 📗

law as holding the responsibility for you."

"So far there's been no cause for complaint."

"Let's keep it that way," smiled Manison. "I'll ask you to accept a writ of habeas corpus, directing you to show just cause why you should not be returned to the custody of your guardian."

"And what good will that do?"

"If you can show just cause," said Manison, "the Court will follow established precedent and appoint Mr. and Mrs. Fisher as your responsible legal guardians—if that is your desire."

"Can this be done?" asked Mrs. Fisher.

"It's been done before, time and again. The State is concerned primarily with the welfare of the child; children have been legally removed from natural but unsuitable parents, you know." He looked distressed for a moment and then went on, "The will of the deceased is respected, but the law recognizes that it is the living with which it must be primarily concerned, that mistakes can be made, and that such errors in judgment must be rectified in the name of the public weal."

"I've been—" started James but Attorney Waterman interrupted him:

"We'll accept the service of your writ, Mr. Manison." And to James after the man had departed: "Never give the opposition an inkling of what you have in mind—and always treat anybody who is not in your retainer as opposition."

CHAPTER FIFTEEN

The case of Brennan vs. Holden opened in the emptied court room of Judge Norman L. Carter, with a couple of bored members of the press wishing they were elsewhere. For the first two hours, it was no more than formalized outlining of the whole situation.

The plaintiff identified himself, testified that he was indeed the legal guardian of the minor James Quincy Holden, entered a transcript of the will in evidence, and then went on to make his case. He had provided a home atmosphere that was, to the best of his knowledge, the type of home atmosphere that would have been highly pleasing to the deceased parents—especially in view of the fact that this home was one and the same house as theirs and that little had been changed. He was supported by the Mitchells. It all went off in the slow, cumbersome dry phraseology of the legal profession and the sum and substance of two hours of back-and-forth question-and-answer was to establish the fact that Paul Brennan had provided a suitable home for the minor, James Quincy Holden, and that the minor James Quincy Holden had refused to live in it and had indeed demonstrated his objections by repeatedly absenting himself wilfully and with premeditation.

The next half hour covered a blow-by-blow account of Paul Brennan's efforts to have the minor restored to him. The attorneys for both sides were alert. Brennan's counsel did not even object when Waterman paved the way to show why James Holden wanted his freedom by asking Brennan:

"Were you aware that James Holden was a child of exceptional intellect?"

"Yes."

"And you've testified that when you moved into the Holden home, you found things as the Holdens had provided them for their child?"

"Yes."

"In your opinion, were these surroundings suitable for James Holden?"

"They were far too advanced for a child of five."

"I asked specifically about James Holden."

"James Holden was five years old."

Waterman eyed Brennan with some surprise, then cast a glance at Frank Manison, who sat at ease, calmly watching and listening with no sign of objection. Waterman turned back to Brennan and said, "Let's take one more turn around Robin Hood's Barn, Mr. Brennan. First, James Holden was an exceptional child?"

"Yes."

"And the nature of his toys and furnishings?"

"In my opinion, too advanced for a child of five."

"But were they suitable for James Holden?"

"James Holden was a child of five."

Waterman faced Judge Carter. "Your Honor," he said, "I submit that the witness is evasive. Will you direct him to respond to my direct question with a direct answer?"

"The witness will answer the question properly," said Judge Carter with a slight frown of puzzlement, "unless counsel for the witness has some plausible objection?"'

"No objection," said Manison.

"Please repeat or rephrase your question," suggested Judge Carter.

"Mr. Brennan," said Waterman, "you've testified that James was an exceptional child, advanced beyond his years. You've testified that the home and surroundings provided by James Holden's parents reflected this fact. Now tell me, were the toys, surroundings, and the home suitable for James Holden?"

"In my opinion, no."

"And subsequently you replaced them with stuff you believed more suitable for a child of five, is that it?"

"Yes. I did, and you are correct."

"To which he objected?"

"To which James Holden objected."

"And what was your response to his objection?"

"I overruled his objection."

"Upon what grounds?"

"Upon the grounds that the education and the experience of an adult carries more wisdom than the desires of a child."

"Now, Mr. Brennan, please listen carefully. During the months following your guardianship, you successively removed the books that James Holden was fond of reading, replaced his advanced Meccano set with a set of modular blocks, exchanged his oil-painting equipment for a child's coloring books and standard crayolas, and in general you removed everything interesting to a child with known superiority of intellect?"

"I did."

"And your purpose in opening this hearing was to convince this Court that James Holden should be returned by legal procedure to such surroundings?"

"It is."

"No more questions," said Waterman. He sat down and rubbed his forehead with the palm of his right hand, trying to think.

Manison said, "I have one question to ask of Janet Fisher, known formerly as Mrs. Bagley."

Janet Fisher was sworn and properly identified.

"Now, Mrs. Fisher, prior to your marriage to Mr. Fisher and during your sojourn with James Holden in the House on Martin's Hill, did you supervise the activities of James Holden?"

"No," she said.

"Thank you," said Manison. He turned to Waterman and waved him to any cross-questioning.

Still puzzled, Waterman asked, "Mrs. Fisher, who did supervise the House on Martin's Hill?"

"James Holden."

"During those years, Mrs. Fisher, did James Holden at any time conduct himself in any other manner but the actions of an honest citizen? I mean, did he perform or suggest the performance of any illegal act to your knowledge?"

"No, he did not."

Waterman turned to Judge Carter. "Your Honor," he said, "it seems quite apparent to me that the plaintiff in this case has given more testimony to support the contentions of my client than they have to support their own case. Will the Court honor a petition that the case be dismissed?"

Judge Norman L. Carter smiled slightly. "This is irregular," he said. "You should wait for that petition until the plaintiff's counsel has closed his case, you know." He looked at Frank Manison. "Any objection?"

Manison said, "Your Honor, I have permitted my client to be shown in this questionable light for no other purpose than to bring out the fact that any man can make a mistake in the eyes of other men when in reality he was doing precisely what he thought to be the best thing to do for himself and for the people within his responsibility. The man who raises his child to be a roustabout is wrong in the eyes of his neighbor who is raising his child to be a scientist, and vice versa. We'll accept the fact that James Holden's mind is superior. We'll point out that there have been many cases of precocious children or child geniuses who make a strong mark in their early years and drop into oblivion by the time they're twenty. Now, consider James Holden, sitting there discussing something with his attorney—I have no doubt in the world that he could conjugate Latin verbs, discuss the effect of the Fall of Rome on Western Civilization, and probably compute the orbit of an artificial satellite. But can James Holden fly a kite or shoot a marble? Has he ever had the fun of sliding into third base, or whittling on a peg, or any of the other enjoyable trivia of boyhood? Has he—"

"One moment," said Judge Carter. "Let's not have an impassioned oration, counsel. What is your point?"

"James Holden has a legal guardian, appointed by law at the express will of his parents. Headstrong, he has seen fit to leave that protection. He is fighting now to remain away from that protection. I can presume that James Holden would prefer to remain in the company of the Fishers where, according to Mrs. Fisher, he was not responsible to her whatsoever, but rather ran the show himself. I—"

"You can't make that presumption," said Judge Carter. "Strike it from the record."

"I apologize," said Manison. "But I object to dismissing this case until we find out just what James Holden has in mind for his future."

"I'll hold Counsel Waterman's petition in abeyance until the point you mention is in the record," said Judge Carter. "Counsel, are you finished?"

"Yes," said Manison. "I'll rest."

"Mr. Waterman?"

Waterman said, "Your Honor, we've been directed to show just cause why James Holden should not be returned to the protection of his legal guardian. Counsel has implied that James Holden desires to be placed in the legal custody of Mr. and Mrs. Fisher. This is a pardonable error whether it stands in the record or not. The fact is that James Holden does not need protection, nor does he want protection. To the contrary, James Holden petitions this Court to declare him legally competent so that he may conduct his own affairs with the rights, privileges, and indeed, even the risks taken by the status of adult.

"I'll point out that the rules and laws that govern the control and protection of minor children were passed by benevolent legislators to prevent exploitation, cruelty, and deprivation of the child's life by men who would take advantage of his immaturity. However we have here a young man of twelve who has shown his competence to deal with the adult world by actual practice. Therefore it is our contention that protective laws are not only unnecessary, but undesirable because they restrict the individual from his desire to live a full and fruitful life.

"To prove our contention beyond any doubt, I'll ask that James Holden be sworn in as my first witness."

Frank Manison said, "I object, Your Honor. James Holden is a minor and not qualified under law to give creditable testimony as a witness."

Waterman turned upon Manison angrily. "You really mean that you object to my case per se."

"That, too," replied Manison easily.

"Your Honor, I take exception! It is my purpose to place James Holden on the witness stand, and there to show this Court and all the world that he is of honorable mind, properly prepared to assume the rights of an adult. We not only propose to show that he acted honorably, we shall show that James Holden consulted the law to be sure that whatever he did was not illegal."

"Or," added Manison, "was it so that he would know how close to the limit he could go without stepping over the line?"

"Your Honor," asked Waterman, "can't we have your indulgence?"

"I object! The child is a minor."

"I accept the statement!" stormed Waterman. "And I say that we intend to prove that this minor is qualified to act as an adult."

"And," sneered Manison, "I'll guess that one of your later arguments will be that Judge Carter, having accepted this minor as qualified to deliver sworn testimony, has already granted the first premise of your argument."

"I say that James Holden has indeed shown his competence already by actually doing it!"

"While hiding under a false façade!"

"A façade forced upon him by the restrictive laws that he is petitioning the Court to set aside in his case so that he need hide no longer."

Frank Manison said, "Your Honor, how shall the case of James Holden be determined for the next eight or ten years if we do grant James Holden this legal right to conduct his own affairs as an adult? That we must abridge the laws regarding compulsory education is evident. James Holden is twelve years and five months old. Shall he be granted the right to enter a tavern to buy a drink? Will his request for a license to marry be honored? May he enter the polling place and cast his vote? The contention of counsel that the creation of Charles Maxwell was a physical necessity is acceptable. But what happens without 'Maxwell'? Must we prepare a card of identity for James Holden, stating his legal status, and renew it every year like an automobile license because the youth will grow in stature, add to his weight, and ultimately grow a beard? Must we enter on this identification card the fact that he is legally competent to sign contracts, rent a house, write checks, and make his own decision about the course of dangerous medical treatment—or shall we list those items that he is not permitted to do such as drinking in a public place, cast his