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 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."

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