"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."