ard? 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."
Waterman shouted, "I object, Your Honor. I object--"
Brennan leaped to his feet and cried, "Manison, you can't freeze me
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