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 personally 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."