The Fourth R

by George O. Smith

  CHAPTER FIFTEEN

  The case of Brennan vs. Holden opened in the emptied court room of JudgeNorman L. Carter, with a couple of bored members of the press wishingthey were elsewhere. For the first two hours, it was no more thanformalized outlining of the whole situation.

  The plaintiff identified himself, testified that he was indeed the legalguardian of the minor James Quincy Holden, entered a transcript of thewill in evidence, and then went on to make his case. He had provideda home atmosphere that was, to the best of his knowledge, the type ofhome atmosphere that would have been highly pleasing to the deceasedparents--especially in view of the fact that this home was one and thesame house as theirs and that little had been changed. He was supportedby the Mitchells. It all went off in the slow, cumbersome dry phraseologyof the legal profession and the sum and substance of two hours ofback-and-forth question-and-answer was to establish the fact that PaulBrennan 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 hadindeed demonstrated his objections by repeatedly absenting himselfwilfully and with premeditation.

  The next half hour covered a blow-by-blow account of Paul Brennan'sefforts to have the minor restored to him. The attorneys for both sideswere alert. Brennan's counsel did not even object when Waterman paved theway 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 foundthings 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 FrankManison, who sat at ease, calmly watching and listening with no sign ofobjection. Waterman turned back to Brennan and said, "Let's take one moreturn around Robin Hood's Barn, Mr. Brennan. First, James Holden was anexceptional 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 thewitness is evasive. Will you direct him to respond to my direct questionwith a direct answer?"

  "The witness will answer the question properly," said Judge Carter witha slight frown of puzzlement, "unless counsel for the witness has someplausible objection?"'

  "No objection," said Manison.

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

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

  "In my opinion, no."

  "And subsequently you replaced them with stuff you believed more suitablefor 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 adultcarries more wisdom than the desires of a child."

  "Now, Mr. Brennan, please listen carefully. During the months followingyour guardianship, you successively removed the books that James Holdenwas fond of reading, replaced his advanced Meccano set with a set ofmodular blocks, exchanged his oil-painting equipment for a child'scoloring books and standard crayolas, and in general you removedeverything interesting to a child with known superiority of intellect?"

  "I did."

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

  "It is."

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

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

  Janet Fisher was sworn and properly identified.

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

  "No," she said.

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

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

  "James Holden."

  "During those years, Mrs. Fisher, did James Holden at any time conducthimself 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 yourknowledge?"

  "No, he did not."

  Waterman turned to Judge Carter. "Your Honor," he said, "it seems quiteapparent to me that the plaintiff in this case has given more testimonyto support the contentions of my client than they have to support theirown 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 hasclosed his case, you know." He looked at Frank Manison. "Any objection?"

  Manison said, "Your Honor, I have permitted my client to be shown in thisquestionable light for no other purpose than to bring out the fact thatany man can make a mistake in the eyes of other men when in reality hewas doing precisely what he thought to be the best thing to do forhimself and for the people within his responsibility. The man who raiseshis child to be a roustabout is wrong in the eyes of his neighbor who israising his child to be a scientist, and vice versa. We'll accept thefact that James Holden's mind is superior. We'll point out that therehave been many cases of precocious children or child geniuses who make astrong mark in their early years and drop into oblivion by the timethey're twenty. Now, consider James Holden, sitting there discussingsomething with his attorney--I have no doubt in the world that he couldconjugate Latin verbs, discuss the effect of the Fall of Rome on WesternCivilization, and probably compute the orbit of an artificial satellite.But can James Holden fly a kite or shoot a marble? Has he ever had thefun of sliding into third base, or whittling on a peg, or any of theother 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 willof his parents. Headstrong, he has seen fit to leave that protection. Heis fighting now to remain away from that protection. I can presume thatJames Holden would prefer to remain in the company of the Fishers where,according to Mrs. Fisher, he was not responsible to her whatsoever, butrather ran the show himself. I--"

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

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

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

  "Yes," said Manison. "I'll rest."

  "Mr. Waterman?"

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

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

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

  Frank Manison said, "I object, Your Honor. James Holden is a minor andnot qualified under law to give creditable testimony as a witness."

  Waterman turned upon Manison angrily. "You really mean that you object tomy case _per se_."

  "That, too," replied Manison easily.

  "Your Honor, I take exception! It is my purpose to place James Holden onthe witness stand, and there to show this Court and all the world that heis 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 thatJames Holden consulted the law to be sure that whatever he did was notillegal."

  "Or," added Manison, "was it so that he would know how close to the limithe 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 toprove that this minor is qualified to act as an adult."

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

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

  "While hiding under a false facade!"

  "A facade forced upon him by the restrictive laws that he is petitioningthe 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 bedetermined for the next eight or ten years if we do grant James Holdenthis legal right to conduct his own affairs as an adult? That we mustabridge the laws regarding compulsory education is evident. James Holdenis twelve years and five months old. Shall he be granted the right toenter a tavern to buy a drink? Will his request for a license to marry behonored? May he enter the polling place and cast his vote? The contentionof counsel that the creation of Charles Maxwell was a physical necessityis acceptable. But what happens without 'Maxwell'? Must we prepare a cardof identity for James Holden, stating his legal status, and renew itevery year like an automobile license because the youth will grow instature, add to his weight, and ultimately grow a beard? Must we enter onthis identification card the fact that he is legally competent to signcontracts, rent a house, write checks, and make his own decision aboutthe course of dangerous medical treatment--or shall we list those itemsthat he is not permitted to do such as drinking in a public place, casthis vote, or marry? This State permits a youth to drive an automobile atthe age of sixteen, this act being considered a skill rather than an actthat requires judgment. Shall James Holden be permitted to drive anautomobile even though he can not reach the foot pedals from any positionwhere he can see through the windshield?"

  Judge Carter sat quietly. He said calmly, "Let the record show that Irecognize the irregularity of this procedure and that I permit it onlybecause of the unique aspects of this case. Were there a Jury, I woulddismiss them until this verbal exchange of views and personalities hassubsided.

  "Now," he went on, "I will not allow James Holden to take the witnessstand 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 academicbrilliance, or his attorney would not have tried to place him upon thestand where such a display could have been demonstrated. Of moreimportance to the Court and to the State is an equitable dispositionof the responsibility to and over James Quincy Holden."

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

  "We must face some awkward facts," he said. "If I rule that he bereturned to Mr. Brennan, he will probably remain no longer than he findsit convenient, at which point he will behave just as if this Court hadnever convened. Am I not correct, Mr. Manison?"

  "Your Honor, you are correct. However, as a member of the Department ofJustice of this State, I suggest that you place the responsibility in myhands. As an Officer of the Court, my interest would be to the bestinterest of the State rather than based upon experience, choice, oropinion as to what is better for a five-year-old or a child prodigy. Inother words, I would exert the control that the young man needed. At thesame time I would not make the mistakes that were made by Mr. Brennan'spersonal 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 meout--"

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

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

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

  Brennan whirled upon them and snarled. "My reward money--" but he wasshoved 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 utterimbecile!"

  Judge Norman L. Carter cleared his throat and said, "This great concernover the welfare of James Holden is touching. We have Mr. Brennan alreadytwice a loser and yet willing to try it for three times. We have Mr. andMrs. Fisher who are not dismayed at the possibility of having their homeoccupied by a headstrong youth whose actions they cannot control. We findone of the ambitious members of the District Attorney's Office offeringto take on an additional responsibility--all, of course, in the name ofthe State and the welfare of James Holden. Finally we have James Holdenwho wants no part of the word 'protection' and claims the ability to runhis own life.

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

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

  "I--"

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

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

  Manison sat grumpily and Judge Carter eyed James again, and James took afull 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 wasonly 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 myknowledge were guilty knowledge, you could then demand that I reveal thesource of my guilty knowledge and under what circumstance it wasobtained. If I refused to disclose my source, I could then be held incontempt of court or charged with being an accessory to the corpus of thecrime. However, this is a court hearing to establish whether or not I amcompetent under law to manage my own affairs. How I achieve my mentalcompetence is not under question. Let us say that it is a process that ismy secret by the right of inheritance from my parents and as such it isvaluable 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_ isconcomitant with growing up. I can and will demonstrate that I have theequivalent of the schooling necessary to satisfy both this Court and theState Board of Education. I will state that my education has beenacquired by concentration and application in home study, and that I admitto attendance at no school. I will provide you or anybody else with alist of the books from which I have gleaned my education. But whether Ipractice Yoga, Dianetics, or write the lines on a sugarcoated pill andswallow it is my trade secret. It can not be extracted from me by anyprocess of the law because no illegality exists."

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

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

  "Upon what grounds?"

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

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

  "Then I shall point out that your ruling is based upon a personal opinionbecause you don't know anything about the process. If I am ruled a legalminor you cannot punish me for not telling you my secrets, and if I amruled 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 ofyours 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 thatyour difficulties in school, your inability to get along with yourclassmates, and your having to hide while you toiled for your livelihoodin secret--these are due to this extensive education brought aboutthrough your secret process?"

  "I must agree, but--"

  "You must agree," interrupted Judge Carter. "Yet knowing these unpleasantthings did not deter you from placing, or trying to place, the daughterof your housekeeper in the same unhappy state. In other words, you hopedto 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 MarthaBagley, 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 Fisherbe the next bratling in a long and everlasting line of infant supermenapplying to this and that and the other Court to have their legalmajority ruled, each of them pointing to your case as having establishedprecedence?"

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

  "Granted that it does not. But I am not going to establish a dangerousprecedent that will end with doctors qualified to practice surgery beforethey are big enough to swing a stethoscope or attorneys that plead a casebefore they are out of short pants. I am going to recess this caseindefinitely with a partial ruling. First, until this process of yourscomes under official study, I am declaring you, James Holden, to be aWard of this State, under the jurisdiction of this Court. You will havethe legal competence to act in matters of skill, including the signing ofdocuments and instruments necessary to your continued good health. In allmatters that require mature judgment, you will report to this Court andall such questions shall be rendered after proper deliberation either inopen session or in chambers, depending upon the Court's opinion of theirimportance. The court stenographer will now strike all of the testimonygiven by James Holden from the record."

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

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

  * * * * *

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

  "We're out of the court," snapped Judge Carter. "We no longer needobserve the niceties of court etiquette, so now shut up and listen!Holden, you are involved in a thing that is explosively dangerous. Youclaim it to be a secret, but your secret is slowly leaking out of yourcontrol. You asked for your legal competence to be ruled. Fine, but if Iallowed that, every statement made by you about your education would bein court record and your so-called secret that much more widespread. Howlong do you think it would have been before millions of people howled atyour door? Some of them yelping for help and some of them bitterlyobjecting to tampering with the immature brain? You'd be accused ofbrainwashing, of making monsters, of depriving children of their heritageof happiness--and in the same ungodly howl there would be voices asloudly damning you for not tossing your process into their laps. Andthere would be a number trying to get to you on the sly so that theycould get a head start over the rest.

  "You want your competence affirmed legally? James, you have not thestature nor the voice to fight them off. Even now, your little secret isin danger and you'll probably have to bribe a few wiseacres with a touchof accelerated knowledge to keep them from spilling the whole story, eventhough I've ruled your testimony incompetent and immaterial and strickenfrom the record. Now, we'll study this system of yours under controlledconditions as your parents wanted, and we'll have professional help andeducated advice, and both you and your process shall be under theprotection of my Court, and when the time comes you shall receive thekudos and benefits from it. Understand?"

  "Yes sir."

  "Good. Now, as my first order, you go back to Shipmont and pack yourgear. You'll report to my home as soon as you've made all thearrangements. There'll be no more hiding out and playing your littleprocess in secret either from Paul Brennan--yes, I know that you believethat he was somehow instrumental in the death of your parents but have noshred of evidence that would stand in court--or the rest of the world. Isthat, 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 thereis any interference whatsoever."