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

vote, or marry? This State permits a youth to drive an automobile at the age of sixteen, this act being considered a skill rather than an act that requires judgment. Shall James Holden be permitted to drive an automobile even though he can not reach the foot pedals from any position where he can see through the windshield?"

Judge Carter sat quietly. He said calmly, "Let the record show that I recognize the irregularity of this procedure and that I permit it only because of the unique aspects of this case. Were there a Jury, I would dismiss them until this verbal exchange of views and personalities has subsided.

"Now," he went on, "I will not allow James Holden to take the witness stand as a qualified witness to prove that he is a qualified witness. I am sure that he can display his own competence with a flow of academic brilliance, or his attorney would not have tried to place him upon the stand where such a display could have been demonstrated. Of more importance to the Court and to the State is an equitable disposition of the responsibility to and over James Quincy Holden."

Judge Norman L. Carter leaned forward and looked from Frank Manison to James Holden, and then to Attorney Waterman.

"We must face some awkward facts," he said. "If I rule that he be returned to Mr. Brennan, he will probably remain no longer than he finds it convenient, at which point he will behave just as if this Court had never convened. Am I not correct, Mr. Manison?"

"Your Honor, you are correct. However, as a member of the Department of Justice of this State, I suggest that you place the responsibility in my hands. As an Officer of the Court, my interest would be to the best interest of the State rather than based upon experience, choice, or opinion as to what is better for a five-year-old or a child prodigy. In other words, I would exert the control that the young man needed. At the same time I would not make the mistakes that were made by Mr. Brennan's personal opinion of how a child should be reared."

Waterman shouted, "I object, Your Honor. I object—"

Brennan leaped to his feet and cried, "Manison, you can't freeze me out—"

James Holden shrilled, "I won't! I won't!"

Judge Carter eyed them one by one, staring them into silence. Finally he looked at Janet Fisher and said, "May I also presume that you would be happy to resume your association with James Holden?"

She nodded and said, "I'd be glad to," in a sincere voice. Tim Fisher nodded his agreement.

Brennan whirled upon them and snarled. "My reward money—" but he was shoved down in his seat with a heavy hand by Frank Manison who snapped, "Your money bought what it was offered for. So now shut up, you utter imbecile!"

Judge Norman L. Carter cleared his throat and said, "This great concern over the welfare of James Holden is touching. We have Mr. Brennan already twice a loser and yet willing to try it for three times. We have Mr. and Mrs. Fisher who are not dismayed at the possibility of having their home occupied by a headstrong youth whose actions they cannot control. We find one of the ambitious members of the District Attorney's Office offering to take on an additional responsibility—all, of course, in the name of the State and the welfare of James Holden. Finally we have James Holden who wants no part of the word 'protection' and claims the ability to run his own life.

"Now it strikes me that assigning the responsibility for this young man's welfare is by no means the reason why you all are present, and it similarly occurs to me that the young man's welfare is of considerably less importance than the very interesting question of how and why this young man has achieved so much."

With a thoughtful expression, Judge Carter said, "James Holden, how did you acquire this magnificent education at the tender age of twelve-plus?"

"I—"

"I object!" cried Frank Manison. "The minor is not qualified to give testimony."

"Objection overruled. This is not testimony. I have every right in the world to seek out as much information from whatever source I may select; and I have the additional right to inspect the information I receive to pass upon its competence and relevance. Sit down, counsel!"

Manison sat grumpily and Judge Carter eyed James again, and James took a full breath. This was the moment he had been waiting for.

"Go on, James. Answer my question. Where did you come by your knowledge?"

James Holden stood up. This was the question that had to arise; he was only surprised it had taken so long.

He said calmly: "Your Honor, you may not ask that question."

"I may not?" asked Judge Carter with a lift of his eyebrows.

"No sir. You may not."

"And just why may I not?"

"If this were a criminal case, and if you could establish that some of my knowledge were guilty knowledge, you could then demand that I reveal the source of my guilty knowledge and under what circumstance it was obtained. If I refused to disclose my source, I could then be held in contempt of court or charged with being an accessory to the corpus of the crime. However, this is a court hearing to establish whether or not I am competent under law to manage my own affairs. How I achieve my mental competence is not under question. Let us say that it is a process that is my secret by the right of inheritance from my parents and as such it is valuable to me so long as I can demand payment for its use."

"This information may have a bearing on my ruling."

"Your Honor, the acquisition of knowledge or information per se is concomitant with growing up. I can and will demonstrate that I have the equivalent of the schooling necessary to satisfy both this Court and the State Board of Education. I will state that my education has been acquired by concentration and application in home study, and that I admit to attendance at no school. I will provide you or anybody else with a list of the books from which I have gleaned my education. But whether I practice Yoga, Dianetics, or write the lines on a sugarcoated pill and swallow it is my trade secret. It can not be extracted from me by any process of the law because no illegality exists."

"And what if I rule that you are not competent under the law, or withhold judgment until I have had an opportunity to investigate these ways and means of acquiring an accelerated education?"

"I'll then go on record as asking you to disbar yourself from this hearing on the grounds that you are not an impartial judge of the justice in my case."

"Upon what grounds?"

"Upon the grounds that you are personally interested in being provided with a process whereby you may acquire an advanced education yourself."

The judge looked at James thoughtfully for a moment. "And if I point out that any such process is of extreme interest to the State and to the Union itself, and as such must be disclosed?"

"Then I shall point out that your ruling is based upon a personal opinion because you don't know anything about the process. If I am ruled a legal minor you cannot punish me for not telling you my secrets, and if I am ruled legally competent, I am entitled to my own decision."

"You are within your rights," admitted Judge Carter with some interest. "I shall not make such a demand. But I now ask you if this process of yours is both safe and simple."

"If it is properly used with some good judgment."

"Now listen to me carefully," said Judge Carter. "Is it not true that your difficulties in school, your inability to get along with your classmates, and your having to hide while you toiled for your livelihood in secret—these are due to this extensive education brought about through your secret process?"

"I must agree, but—"

"You must agree," interrupted Judge Carter. "Yet knowing these unpleasant things did not deter you from placing, or trying to place, the daughter of your housekeeper in the same unhappy state. In other words, you hoped to make an intellectual misfit out of her, too?"

"I—now see here—"

"You see here! Did you or did you not aid in the education of Martha Bagley, now Martha Fisher?"

"Yes, I did, and—"

"Was that good judgment, James Holden?"

"What's wrong with higher education?" demanded James angrily.

"Nothing, if it's acquired properly."

"But—"

"Now listen again. If I were to rule in your favor, would Martha Fisher be the next bratling in a long and everlasting line of infant supermen applying to this and that and the other Court to have their legal majority ruled, each of them pointing to your case as having established precedence?"

"I have no way of predicting the future, sir. What may happen in the future really has no bearing in evidence here."

"Granted that it does not. But I am not going to establish a dangerous precedent that will end with doctors qualified to practice surgery before they are big enough to swing a stethoscope or attorneys that plead a case before they are out of short pants. I am going to recess this case indefinitely with a partial ruling. First, until this process of yours comes under official study, I am declaring you, James Holden, to be a Ward of this State, under the jurisdiction of this Court. You will have the legal competence to act in matters of skill, including the signing of documents and instruments necessary to your continued good health. In all matters that require mature judgment, you will report to this Court and all such questions shall be rendered after proper deliberation either in open session or in chambers, depending upon the Court's opinion of their importance. The court stenographer will now strike all of the testimony given by James Holden from the record."

"I object!" exploded Brennan's attorney, rising swiftly and with one hand pressing Brennan down to prevent him from rising also.

"All objections are overruled. The new Ward of the State will meet with me in my chambers at once. Court is adjourned."

The session was stormy but brief. Holden objected to everything, but the voice of Judge Carter was loud and his stature was large; they overrode James Holden and compelled his attention.

"We're out of the court," snapped Judge Carter. "We no longer need observe the niceties of court etiquette, so now shut up and listen! Holden, you are involved in a thing that is explosively dangerous. You claim it to be a secret, but your secret is slowly leaking out of your control. You asked for your legal competence to be ruled. Fine, but if I allowed that, every statement made by you about your education would be in court record and your so-called secret that much more widespread. How long do you think it would have been before millions of people howled at your door? Some of them yelping for help and some of them bitterly objecting to tampering with the immature brain? You'd be accused of brainwashing, of making monsters, of depriving children of their heritage of happiness—and in the same ungodly howl there would be voices as loudly damning you for not tossing your process into their laps. And there would be a number trying to get to you on the sly so that they could get a head start over the rest.

"You want your competence affirmed legally? James, you have not the stature nor the voice to fight them off. Even now, your little secret is in danger and you'll probably have to bribe a few wiseacres with a touch of accelerated knowledge to keep them from spilling the whole story, even though I've ruled your testimony incompetent and immaterial and stricken from the record. Now, we'll study this system of yours under controlled conditions as your parents wanted, and we'll have professional help and educated advice, and both you and your process shall be under the protection of my Court, and when the time comes you shall receive the kudos and benefits from it. Understand?"

"Yes sir."

"Good. Now, as my first order, you go back to Shipmont and pack your gear. You'll report to my home as soon as you've made all the arrangements. There'll be no more hiding out and playing your little process in secret either from Paul Brennan—yes, I know that you believe that he was somehow instrumental in the death of your parents but have no shred of evidence that would stand in court—or the rest of the world. Is that, and everything else I've said in private, very clear?"

"Yes, sir."

"Good. Now, be off with you. And do not hesitate to call upon me if there is