by Anthology
"For the moment we'll pass this over. We may ask that you do prove your contention," said Manison.
"You don't doubt that I can, do you?" asked James.
Manison shook his head. "No, at this moment I have no doubt."
"Then why do you bother asking?"
"I am here for a rather odd reason," said Manison. "I've told you the reservations that the State holds, which justify my presence. Now, it is patently obvious that you are a very competent young man, James Holden. The matter of making your own way is difficult, as many adults can testify. To have contrived a means of covering up your youth, in addition to living a full and competent life, demonstrates an ability above and beyond the average. Now, the State is naturally interested in anything that smacks of acceleration of the educational period. Can you understand that?"
"Naturally. None but a dolt would avoid education."
"Then you agree with our interest?"
"I--"
"Just a moment, James," said Waterman. "Let's put it that you understand their interest, but that you do not necessarily agree."
"I understand," said James.
"Then you must also understand that this 'course of study' by which you claim the equal of a high-school education at the age of ten or eleven (perhaps earlier) must be of high importance."
"I understand that it might," agreed James.
"Then will you explain why you have kept this a secret?"
"Because--"
"Just a moment," said Waterman again. "James, would you say that your method of educating yourself is completely perfected?"
"Not completely."
"Not perfected?" asked Manison. "Yet you claim to have the education of a high-school graduate?"
"I so claim," said James. "But I must also point out that I have acquired a lot of mish-mash in the course of this education. For instance, it is one thing to study English, its composition, spelling, vocabulary, construction, rules and regulations. One must learn these things if he is to be considered literate. In the course of such study, one also becomes acquainted with English literature. With literature it is enough to merely be acquainted with the subject. One need not know the works of Chaucer or Spenser intimately--unless one is preparing to specialize in the English literature of the writers of that era. Frankly, sir, I should hate to have my speech colored by the flowery phrases of that time, and the spelling of that day would flunk me out of First Grade if I made use of it. In simple words, I am still perfecting the method."
"Now, James," went on Waterman, "have you ever entertained the idea of not releasing the details of your method?"
"Occasionally," admitted James.
"Why?"
"Until we know everything about it, we can not be certain that its ultimate effect will be wholly beneficial."
"So, you see," said Waterman to Manison, "the intention is reasonable. Furthermore, we must point out that this system is indeed the invention created by the labor and study of the parents of James Holden, and as such it is a valuable property retained by James Holden as his own by the right of inheritance. The patent laws of the United States are clear, it is the many conflicting rulings that have weakened the system. The law itself is contained in the Constitution of the United States, which provides for the establishment of a Patent Office as a means to encourage inventors by granting them the exclusive right to the benefits of their labor for a reasonable period of time--namely seventeen years with provision for a second period under renewal."
"Then why doesn't he make use of it?" demanded Manison.
"Because the process, like so many another process, can be copied and used by individuals without payment, and because there hasn't been a patent suit upheld for about forty years, with the possible exception of Major Armstrong's suit against the Radio Corporation of America, settled in Armstrong's favor after about twenty-five years of expensive litigation. A secret is no longer a secret these days, once it has been written on a piece of paper and called to the attention of a few million people across the country."
"You realize that anything that will give an extensive education at an early age is vital to the security of the country."
"We recognize that responsibility, sir," said Waterman quietly. "We also recognize that in the hands of unscrupulous men, the system could be misused. We also realize its dangers, and we are trying to avoid them before we make the announcement. We are very much aware of the important, although unfortunate, fact that James Holden, as a minor, can have his rights abridged. Normally honest men, interested in the protection of youth, could easily prevent him from using his own methods, thus depriving him of the benefits that are legally his. This could be done under the guise of protection, and the result would be the super-education of the protectors--whose improving intellectual competence would only teach them more and better reasons for depriving the young man of his rights. James Holden has a secret, and he has a right to keep that secret, and his only protection is for him to continue to keep that secret inviolate. It was his parents' determination not to release this process upon the world until they were certain of the results. James is a living example of their effort; they conceived him for the express purpose of providing a virgin mind to educate by their methods, so that no outside interference would becloud their results. If this can be construed as the illegal experimentation on animals under the anti-vivisection laws, or cruelty to children, it was their act, not his. Is that clear?"
"It is clear," replied Manison. "We may be back for more discussion on this point. I'm really after information, not conducting a case, you know."
"Well, you have your information."
"Not entirely. We've another point to consider, Mr. Waterman. It is admittedly a delicate point. It is the matter of legal precedent. Granting everything you say is true--and I'll grant that hypothetically for the purpose of this argument--let's assume that James Holden ultimately finds his process suitable for public use. Now, happily to this date James had not broken any laws. He is an honorable individual. Let's now suppose that in the near future, someone becomes educated by his process and at the age of twelve or so decided to make use of his advanced intelligence in nefarious work?"
"All right. Let's suppose."
"Then you tell me who is responsible for the person of James Holden?"
"He is responsible unto himself."
"Not under the existing laws," said Manison. "Let's consider James just as we know him now. Who says, 'go ahead,' if he has an attack of acute appendicitis?"
"In the absence of someone to take the personal responsibility," said James quietly, "the attending doctor would toss his coin to see whether his Oath of Hippocrates was stronger than his fear of legal reprisals. It's been done before. But let's get to the point, Mr. Manison. What do you have in mind?"
"You've rather pointedly demonstrated your preference to live here rather than with your legally-appointed guardian."
"Yes."
"Well, young man, I suggest that we get this matter settled legally. You are not living under the supervision of your guardian, but you are indeed living under the auspices of people who are not recognized by 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 li
ving 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."