The Fourth 'R' (1959)

by George O. Smith

  Paul Brennan’s reaction was a disappointment to himself. He neither felt great relief nor the desire to exult. He found himself assaying his own calmness and wondering why he lacked emotion over this culmination of so many years of futile effort. He re-read the letter carefully to see if there were something hidden in the words that his subconscious had caught, but he found nothing that gave him any reason to believe that this letter was a false lead. It rang true; Brennan could understand Tim Fisher’s stated reaction and the man’s desire to collect. Brennan even suspected that Fisher might use the reward money for his own private purpose.

  It was not until he read the letter for the third time that he saw the suggestion to move with caution and secrecy not as its stated request to protect the writer, but as an excellent advice for his own guidance.

  And then Paul Brennan realized that for six years he had been concentrating upon the single problem of having James Holden returned to his custody, and in that concentration he had lost sight of the more important problem of achieving his true purpose of gaining control of the Holden Educator. The letter had not been the end of a long quest, but just the signal to start.

  Paul Brennan of course did not give a fig for the Holden Estate nor the welfare of James. His only interest was in the machine, and the secret of that machine was locked in the young man’s mind and would stay that way unless James could be coerced into revealing it. The secret indubitably existed as hardware in the machine rebuilt in the house on Martin’s Hill, but Brennan guessed that any sight of him would cause James to repeat his job of destruction. Brennan also envisioned a self-destructive device that would addle the heart of the machine at the touch of a button, perhaps booby-traps fitted like burglar alarms that would ruin the machine at the first touch of an untrained hand.

  Brennan’s mind began to work. He must plan his moves carefully to acquire the machine by stealth. He toyed with the idea of murder and rejected it as too dangerous to chance a repeat, especially in view of the existence of the rebuilt machine.

  Brennan read the letter again. It gave him to think. James had obviously succeeded in keeping his secret by imparting it to a few people that he could either trust or bind to him, perhaps with the offer of education via the machine, which James and only James maintained in hiding could provide. Brennan could not estimate the extent of James Holden’s knowledge but it was obvious that he was capable of some extremely intelligent planning. He was willing to grant the boy the likelihood of being the equal of a long and experienced campaigner, and the fact that James was in the favor of Tim Fisher’s wife and daughter meant that the lad would be able to call upon them for additional advice. Brennan counted the daughter Martha in this planning program, most certainly James would have given the girl an extensive education, too. Everything added up, even to Tim Fisher’s resentment.

  But there was not time to ponder over the efficiency of James Holden’s operations. It was time for Paul Brennan to cope, and it seemed sensible to face the fact that Paul Brennan alone could not plot the illegal grab of the Holden Educator and at the same time masquerade as the deeply-concerned loving guardian. He could label James Holden’s little group as an organization, and if he was to combat this organization he needed one himself.

  Paul Brennan began to form a mental outline of his requirements. First he had to figure out the angle at which to make his attack. Once he knew the legal angle, then he could find ruthless men in the proper position of authority whose ambitions he could control. He regretted that the elder Holden had not allowed him to study civil and criminal law along with his courses in real estate and corporate law. As it was, Brennan was unsure of his legal rights, and he could not plan until he had researched the problem most thoroughly.

  To his complete surprise, Paul Brennan discovered that there was no law that would stay an infant from picking up his marbles and leaving home. So long as the minor did not become a ward of responsibility of the State, his freedom was as inviolable as the freedom of any adult. The universal interest in missing-persons cases is overdrawn because of their dramatic appeal. In every case that comes to important notice, the missing person has left some important responsibilities that had to be satisfied. A person with no moral, legal, or ethical anchor has every right to pack his suitcase and catch the next conveyance for parts unknown. If he is found by the authorities after an appeal by friends or relatives, the missing party can tell the police that, Yes he did leave home and, No he isn’t returning and, furthermore he does not wish his whereabouts made known; and all the authorities can report is that the missing one is hale, happy, and hearty and wants to stay missing.

  Under the law, a minor is a minor and there is no proposition that divides one degree of minority from another. Major decisions, such as voting, the signing of binding contracts of importance, the determination of a course of drastic medical treatment, are deemed to be matters that require mature judgment. The age for such decisions is arbitrarily set at age twenty-one. Acts such as driving a car, sawing a plank, or buying food and clothing are considered to be “skills” that do not require judgment and therefore the age of demarcation varies with the state and the state legislature’s attitude.

  James was a minor; presumably he could repudiate contracts signed while a minor, at the time he reached the age of twenty-one. From a practical standpoint, however, anything that James contracted for was expendable and of vital necessity. He could not stop payment on a check for his rent, nor claim that he had not received proper payment for his stories and demand damages. Paul Brennan might possibly interfere with the smooth operation by squawking to the bank that Charles Maxwell was a phantom front for the minor child James Holden. And bankers, being bankers, might very well clog up the operation with a lot of questions. But there was the possibility that James Holden, operating through the agency of an adult, would switch his method. He could even go so far as to bring Brennan to lawsuit to have Brennan stopped from his interference. Child or not, James Holden had been running a checking account by mail for a number of years which could be used as evidence of his good faith and ability.

  Indeed, the position of James Holden was so solid that Brennan could only plead personal interest and personal responsibility in the case for securing a writ of habeas corpus to have the person of James Holden returned to his custody and protection. And this of itself was a bit on the dangerous side. A writ of habeas corpus will, by law, cause the delivery of the person to the right hands, but there is no part of the writ that can be used to guarantee that the person will remain thereafter. If Brennan tried to repeat this program, James Holden was very apt to suggest either the rather rare case of Barratry or Maintenance against Brennan. Barratry consists of the constant harassment of a citizen by the serial entry of lawsuit after lawsuit against him, each of which he must defend to the loss of time and money—and the tying up of courts and their officials. Maintenance is the re-opening of the same suit and its charges time after time in court after court. One need only be sure of the attitude of the plaintiff to strike back; if he is interested in heckling the defendant and this can be demonstrated in evidence, the heckler is a dead duck. Such a response would surely damage Paul Brennan’s overt position as a responsible, interested, affectionate guardian of his best friends’ orphaned child.

  Then to put the top on the bottle, James Holden had crossed state lines in his flight from home. This meant that the case was not the simple proposition of appearing before a local magistrate and filing an emotional appeal. It was interstate. It smacked of extradition, and James Holden had committed no crime in either state.

  To Paul Brennan’s qualifications for his henchmen, he now added the need for flouting the law if the law could not be warped to fit his need.

  Finding a man with ambition, with a casual disregard for ethics, is not hard in political circles. Paul Brennan found his man in Frank Manison, a rising figure in the office of the District Attorney. Manison had gubernatorial ambitions, and he was politically sharp. He perso
nally conducted only those cases that would give him ironclad publicity; he preferred to lower the boom on a lighter charge than chance an acquittal. Manison also had a fine feeling for anticipating public trends, a sense of the drama, and an understanding of public opinion.

  He granted Brennan a conference of ten minutes, and knowing from long experience that incoming information flows faster when it is not interrupted, he listened attentively, oiling and urging the flow by facial expressions of interest and by leaning forward attentively whenever a serious point was about to come forth. Brennan explained about James Holden, his superior education, and what it had enabled the lad to do. He explained the education not as a machine but as a “system of study” devised by James Holden’s parents, feeling that it was better to leave a few stones lying flat and unturned for his own protection. Manison nodded at the end of the ten-minute time-limit, used his desk interphone to inform his secretary that he was not to be disturbed until further notice (which also told Paul Brennan that he was indeed interested) and then said:

  “You know you haven’t a legal leg to stand on, Brennan.”

  “So I find out. It seems incredible that there isn’t any law set up to control the activity of a child.”

  “Incredible? No, Brennan, not so. To now it hasn’t been necessary. People just do not see the necessity of laws passed to prevent something that isn’t being done anyway. The number of outmoded laws, ridiculous laws, and laws passed in the heat of public emotion are always a subject for public ridicule. If the state legislature were to pass a law stating that any child under fourteen may not leave home without the consent of his parents, every opposition newspaper in the state would howl about the waste of time and money spent on ridiculous legislation passed to govern activities that are already under excellent control. They would poll the state and point out that for so many million children under age fourteen, precisely zero of them have left home to set up their own housekeeping. One might just as well waste the taxpayer’s money by passing a law that confirms the Universal Law of Gravity.

  “But that’s neither here nor there,” he said. “Your problem is to figure out some means of exerting the proper control over this intelligent infant.”

  “My problem rises higher than that,” said Brennan ruefully. “He dislikes me to the point of blind, unreasonable hatred. He believes that I am the party responsible for the death of his parents and furthermore that the act was deliberate. Tantamount to a charge of first-degree murder.”

  “Has he made that statement recently?” asked Manison.

  “I would hardly know.”

  “When last did you hear him say words to that effect?”

  “At the time, following the accidental death of his parents, James Holden ran off to the home of his grandparents. Puzzled and concerned, they called me as the child’s guardian. I went there to bring him back to his home. I arrived the following morning and it was during that session that James Holden made the accusation.”

  “And he has not made it since, to the best of your knowledge?”

  “Not that I know of.”

  “Hardly make anything out of that. Seven years ago. Not a formal charge, only a cry of rage, frustration, hysterical grief. The complaint of a five-year-old made under strain could hardly be considered slanderous. It is too bad that the child hasn’t broken any laws. Your success in collecting him the first time was entirely due to the associations he’d made with this automobile thief—Caslow, you said his name was. We can’t go back to that. The responsibility has been fixed, I presume, upon Jake Caslow in another state. Brennan, you’ve a real problem: How can you be sure that this James Holden will disclose his secret system of study even if we do succeed in cooking up some legal means of placing him and keep him in your custody?”

  Brennan considered, and came to the conclusion that now was the time to let another snibbet of information go. “The system of study consists of an electronic device, the exact nature of which I do not understand. The entire machine is large and cumbersome. In it, as a sort of ‘heart,’ is a special circuit. Without this special circuit the thing is no more than an expensive aggregation of delicate devices that could be used elsewhere in electronics. One such machine stands unused in the Holden Home because the central circuit was destroyed beyond repair or replacement by young James Holden. He destroyed it because he felt that this secret should remain his own, the intellectual inheritance from his parents. There is one other machine—undoubtedly in full function and employed daily—in the house on Martin’s Hill under James Holden’s personal supervision.”

  “Indeed? How, may I ask?”

  “It was rebuilt by James Holden from plans, specifications, and information engraved on his brain by his parents through the use of their first machine. Unfortunately, I have every reason to believe that this new machine is so booby-trapped and tamper-protected that the first interference by someone other than James Holden will cause its destruction.”

  “Um. It might be possible to impound this machine as a device of high interest to the State,” mused Manison. “But if we start any proceeding as delicate as that, it will hit every newspaper in the country and our advantage will be lost.”

  “Technically,” said Paul Brennan, “you don’t know that such a machine exists. But as soon as young Holden realizes that you know about his machine, he’ll also know that you got the information from me.” Brennan sat quietly and thought for a moment. “There’s another distressing angle, too,” he said at last. “I don’t think that there is a soul on earth who knows how to run this machine but James Holden. Steal it or impound it or take it away legally, you’ve got to know how it runs. I doubt that we’d find a half-dozen people on the earth who’d willingly sit in a chair with a heavy headset on, connected to a devilish aggregation of electrical machinery purported to educate the victim, while a number of fumblers experimented with the dials and the knobs and the switches. No sir, some sort of pressure must be brought to bear upon the youngster.”

  “Um. Perhaps civic pride? Might work. Point out to him that he is in control of a device that is essential to the security of the United States. That he is denying the children of this country the right to their extensive education. Et cetera?”

  “Could be. But how are you going to swing it, technically in ignorance of the existence of such a machine?”

  “Were I a member of the Congressional Committee on Education, I could investigate the matter of James Holden’s apparent superiority of intellect.”

  “And hit Page One of every newspaper in the country,” sneered Brennan.

  “Well, I’m not,” snapped Manison angrily. “However, there is a way, perhaps several ways, once we find the first entering wedge. After all, Brennan, the existence of a method of accelerating the course of educational training is of the utmost importance to the future of not only the United States of America, but the entire human race. Once I can locate some plausible reason for asking James Holden the first question about anything, the remainder of any session can be so slanted as to bring into the open any secret knowledge he may have. We, to make the disclosure easier, shall hold any sessions in the strictest of secrecy. We can quite readily agree with James Holden’s concern over the long-range effectiveness of his machine and state that secrecy is necessary lest headstrong factions take the plunge into something that could be very detrimental to the human race instead of beneficial. Frankly, Mr. Brennan,” said Manison with a wry smile, “I should like to borrow that device for about a week myself. It might help me locate some of the little legal points that would help me.” He sighed. “Yes,” he said sadly, “I know the law, but no one man knows all of the finer points. Lord knows,” he went on, “if the law were a simple matter of behaving as it states, we’d not have this tremendous burden. But the law is subject to interpretation and change and argument and precedent—Precedent? Um, here we may have an interesting angle, Brennan. I must look into it.”

  “Precedent?”

  “Yes, indeed
. Any ruling that we were to make covering the right of a seven, eight, or nine year old to run his own life as he sees fit will be a ruling that establishes precedent.”

  “And—?”

  “Well, up to now there’s no ruling about such a case; no child of ten has ever left home to live as he prefers. But this James Holden is apparently capable of doing just that—and any impartial judge deliberating such a case would find it difficult to justify a decision that placed the competent infant under the guardianship and protection of an adult who is less competent than the infant.”

  Brennan’s face turned dark. “You’re saying that this Holden kid is smarter than I am?”

  “Sit down and stop sputtering,” snapped Manison. “What were you doing at six years old, Brennan? Did you have the brains to leave home and protect yourself by cooking up the plausible front of a very interesting character such as the mythical Hermit of Martin’s Hill? Were you writing boys’ stories for a nationwide magazine of high circulation and accredited quality? Could you have planned your own dinner and prepared it, or would you have dined on chocolate bars washed down with strawberry pop? Stop acting indignant. Start thinking. If for no other reason than that we don’t want to end up selling pencils on Halstead Street because we’re not quite bright, we’ve got to lay our hands on that machine. We’ve got to lead, not follow. Yet at the present time I’ll wager that your James Holden is going to give everybody concerned a very rough time. Now, let me figure out the angles and pull the wires. One thing that nobody can learn from any electronic machine is how to manipulate the component people that comprise a political machine. I’ll be in touch with you, Brennan.”

  * * *

  The ring at the door was Chief of Police Joseph Colling and another gentleman. Janet Fisher answered the door, “Good evening, Mr. Colling. Come in?”