Fortune's Rocks (44 page)
A stout balding man with side whiskers and a monocle takes his place next to Albertine, blocking Olympia’s view. He sets a leather case on the table in front of him. And then before Olympia can absorb further the presence of her adversaries, the bailiff is announcing the judge.
“All rise for presiding Judge Levi Littlefield.”
The judge enters the chamber with a vigorous sweep of his robes. He is short and slight and sandy-haired, with no beard or mustaches or spectacles, and he looks considerably younger than Olympia has expected. Only his robes lend the man authority, as do those of a minister.
“He seems so young,” Olympia says to Tucker when they sit. “He is not as young as he appears,” Tucker says. “And do not let his looks fool you. He is quite shrewd and tough.”
“Mr. Payson Tucker,” says Judge Littlefield, reviewing the documents laid out in front of him, “as counsel for the relator, you have a matter to put before the court.”
Tucker stands and approaches a lectern set up between the lawyers’ tables. He is so tall that he has to stoop to read what he has written. He has cut his hair, Olympia notes, and oiled it back from his forehead. Sitting as she is, behind and to the left of him, she can see only a profile. There is a slight tremor in Tucker’s hand. Is it possible this is Tucker’s first case? she wonders. She has never asked.
“I have here a writ of habeas corpus for the body of a male infant child, Pierre Francis Haskell, aged three years, ten months, and thirteen days, currently of Ely Falls, New Hampshire.”
“Yes, Mr. Tucker. Proceed.”
“That Albertine and Telesphore Bolduc of one thirty-seven Alfred Street, Ely Falls, New Hampshire, have for three years and approximately ten months restrained the said child of his liberty. That this restraint of liberty is a result of an unlawful and clandestine removal and retention of the child on fourteen April
1900
from the mother of the child, the relator, Olympia Biddeford. That this unlawful removal was carried out at the direction of the petitioner’s father, Phillip Arthur Biddeford of Boston, Massachusetts, thereby depriving the infant child of his liberty and depriving the said mother of her maternal rights and solace. That on fourteen April
1900
, the child was unlawfully delivered unto the care of the father of the infant male, Dr. John Warren Haskell, address unknown. That on fifteen April
1900
, said father unlawfully delivered the child into the care of the Orphanage of Saint Andre of Ely Falls, New Hampshire, unlawfully charging them with placing out the child.”
1900
from the mother of the child, the relator, Olympia Biddeford. That this unlawful removal was carried out at the direction of the petitioner’s father, Phillip Arthur Biddeford of Boston, Massachusetts, thereby depriving the infant child of his liberty and depriving the said mother of her maternal rights and solace. That on fourteen April
1900
, the child was unlawfully delivered unto the care of the father of the infant male, Dr. John Warren Haskell, address unknown. That on fifteen April
1900
, said father unlawfully delivered the child into the care of the Orphanage of Saint Andre of Ely Falls, New Hampshire, unlawfully charging them with placing out the child.”
“Mr. Tucker, is the child here?” Littlefield asks, interrupting the lawyer.
“Your Honor,” says Tucker, “the respondents have requested permission to have the child remain with Albertine Bolduc’s parents, who live a block from the courthouse, during this hearing. He will stay with them until the day the judgment will be read, at which time the boy shall be brought to the courthouse.”
“And this is acceptable to you?”
“Yes, sir, it is. We should not like to see a small child confined in unfamiliar surroundings.”
“No, quite. Are Phillip Biddeford and the Orphanage of Saint Andre represented here today?”
“Phillip Biddeford has declined representation and agrees to provide testimony on behalf of the relator. I believe the Orphanage of Saint Andre has also declined representation and has agreed to provide testimony on behalf of the respondents, who are represented by my colleague Mr. Addison Sears.”
“Is this true, Mr. Sears?”
“Yes, Your Honor, it is.”
Looking up from his notes, Tucker addresses the judge less formally. “Your Honor, because this trail of unlawful events inevitably leads to the child being in the custody of Albertine and Telesphore Bolduc, and because this is not a criminal case but rather a petition for custody, the relator can only sue the Bolducs as foster parents for custody. It remains to be seen whether criminal charges will be brought at a later date.”
“Am I to understand that the father of the infant male child cannot be located?” Littlefield asks.
“That is correct,” says Payson Tucker.
“Very well,” says Judge Littlefield. “Let us proceed.”
• • •
Addison Sears, who is not even as tall as Olympia, rises and moves to the lectern and adjusts his monocle. Olympia notes that he has not one but several diamond rings on the soft fingers of his left hand. His frock coat is finely cut, in stark contrast to the clothes of his clients. He takes a long drink from a glass of water he has carried to the lectern.
“Good morning, Your Honor,” Sears says in a tone that suggests he knows the judge personally.
“Good morning, Mr. Sears,” the judge says amiably.
“Your Honor, this is a simple case,” Sears begins, still riffling through his notes as if he were not really beginning at all. “There is no statute in the land that would prompt a court to give custody of Pierre Francis Haskell to the young person sitting to my left.”
He pauses to let the implications of the words
young person
have their full effect.
young person
have their full effect.
“Let us consider the facts,” he continues. “A wanton fifteen-year-old girl, a mere child herself, with a child’s faculties and lack of mature judgment, fornicates with a man nearly three times her age, causing this man to commit adultery and to leave his wife and four children.” Sears pauses to allow the impact of this moral transgression to settle upon the court. “She then gives birth to an infant male, whom she abandons,” he continues. “Through the years, she shows
no interest whatsoever
in his welfare. She does not support the child, either morally or financially. She does not inquire as to his health and well-being. She never visits him.
And then she seeks custody of this child?
”
no interest whatsoever
in his welfare. She does not support the child, either morally or financially. She does not inquire as to his health and well-being. She never visits him.
And then she seeks custody of this child?
”
Sears shakes his head, as though bewildered.
“In truth, Your Honor, if these were not such serious proceedings, this situation would be laughable.”
Judge Littlefield does not laugh. Sears tucks his fingers into his paisley vest pockets.
“Without resorting to the obfuscation of the language of our esteemed profession, I should like permission to set forth the respondents’ position in a manner that the young person to my left might understand,” says Sears, looking pointedly at Tucker, who did not, of course, think to reject the obfuscation of the language of the law himself.
“Very well, Mr. Sears. Proceed.”
“The task of the respondents today is twofold,” says Sears. “We shall prove that Olympia Biddeford is not a fit parent for this or any other child. And we shall prove as well that it is in the best interests of the child to remain in the care of Albertine and Telesphore Bolduc, who have been the boy’s foster parents almost from birth.”
Sears takes another drink of water and then clears his throat.
“We shall show, Your Honor, that the relator, Olympia Biddeford, when she was only fifteen years of age, an age, I might add, when one’s character is being formed, participated in an improper sexual relationship with a man who was married and had four children of his own. That Olympia Biddeford not only is guilty of wanton and lascivious behavior but also has shown herself to be depraved, vulgar, and vile.”
Sears slowly turns and looks directly at Olympia. Despite her desire to remain calm, her cheeks burn, as though proving Sears correct in his accusations. He then abruptly turns his back on Olympia, suggesting that he cannot even bear to look at her.
“Your Honor, the courts of this land have consistently decided that if a child is left with an immoral mother, then that child is in danger of becoming immoral himself. Unwed mothers have, in nearly all cases brought before the courts, been denied not only custody but also visitation rights.
“Olympia Biddeford has shown no interest in the child’s welfare,” Sears continues. “She abandoned the boy on the day of his birth, never inquired as to his whereabouts, never contributed a penny to his care, never knew where he was until last fall. Moreover, she has never even met with or spoken to the child. According to the law of the land, a mother who abandons her child, who lets this child remain too long with a surrogate family, loses her custodial rights and legal standing. As there are no other cases on point with written decisions in the state of New Hampshire, making the case before us today one of first impression, I should like to make reference to other cases stated in the respondents’ memorandum. If I may refer to the
1888
decision of the Connecticut Supreme Court in
Hoxie
v.
Potter: ‘The courts do not feel called upon to sunder the ties that have been permitted to grow up, and believe that the happiness of the boy and the rights and feelings of his foster parents will be best subserved by leaving custody where it now is.’
”
1888
decision of the Connecticut Supreme Court in
Hoxie
v.
Potter: ‘The courts do not feel called upon to sunder the ties that have been permitted to grow up, and believe that the happiness of the boy and the rights and feelings of his foster parents will be best subserved by leaving custody where it now is.’
”
Olympia glances at Tucker, who is staring at his notes in front of him.
“Olympia Biddeford may be a mother by nature, but she is not by nurture,” Sears pronounces. “And even if she were a morally upright woman,
which she clearly is not,
she would have to be considered an unfit guardian on the basis of her age at the time of the child’s conception, which was fifteen years, her marital status, which continues to be unwed, and her inability to provide a religious education for the boy. She herself is not a member of any church, nor does she attend services on any regular basis.”
which she clearly is not,
she would have to be considered an unfit guardian on the basis of her age at the time of the child’s conception, which was fifteen years, her marital status, which continues to be unwed, and her inability to provide a religious education for the boy. She herself is not a member of any church, nor does she attend services on any regular basis.”
Sears turns quickly and points at Olympia, a gesture so sudden that she flinches.
“Perhaps Olympia Biddeford seeks rehabilitation by having the child restored to her,” the lawyer says, as though the idea were a novel one. “This was once, in fact, a not uncommon if misguided notion of the courts. And I quote now from the
1873
decision of the Tennessee Supreme Court:
‘That if a woman be an unmarried mother, the surrendering of her child removes the one great influence toward a restoration of character through maternal affection. Her love for the child and fear of separation may prove her salvation.’
”
1873
decision of the Tennessee Supreme Court:
‘That if a woman be an unmarried mother, the surrendering of her child removes the one great influence toward a restoration of character through maternal affection. Her love for the child and fear of separation may prove her salvation.’
”
Sears looks up at the judge and holds out his hands, palms up. “But, Your Honor, the state of New Hampshire does not
care
about the rehabilitation of the mother. It must and does care first and foremost about the welfare of the child.”
care
about the rehabilitation of the mother. It must and does care first and foremost about the welfare of the child.”
Olympia presses her own hands tightly together in her lap.
But I, too, care about the welfare of the child,
she wants to cry out.
But I, too, care about the welfare of the child,
she wants to cry out.
“So let us, for the moment, put aside the character of Olympia Biddeford,” Sears continues. “And let us consider only the best interests of the child.”
Now Sears turns and gazes at Albertine and Telesphore Bolduc, who both immediately look down into their laps, as if about to be chastised themselves. The couple appear to be at least as uncomfortable with these proceedings as Olympia is.
“Citing for a moment the New York case of
Chapsky
v.
Wood
in
1881
,” Sears says,
“‘When reclamation is not sought until a lapse of years, when new ties have been formed and a certain current given to the child’s life and thought, much attention should be paid to the unlikelihood of a benefit to the child from the change. It is an obvious fact that ties of blood weaken and ties of companionship strengthen by lapse of time; and the prosperity and welfare of the child depend on the ability to do all which the prompting of these ties compels.’”
Chapsky
v.
Wood
in
1881
,” Sears says,
“‘When reclamation is not sought until a lapse of years, when new ties have been formed and a certain current given to the child’s life and thought, much attention should be paid to the unlikelihood of a benefit to the child from the change. It is an obvious fact that ties of blood weaken and ties of companionship strengthen by lapse of time; and the prosperity and welfare of the child depend on the ability to do all which the prompting of these ties compels.’”
Sears, seeming to study his notes for a moment, creates another pause.
“Mr. and Mrs. Bolduc have been foster parents to Pierre Francis Haskell since ten days after his birth — in effect, all of his life. The child knows no other parents. The Bolducs have lavished upon the boy all the love and affection they might have lavished upon their own blood child had Albertine not been a barren woman. Mr. and Mrs. Bolduc are of sufficient age to care for the boy: They are both thirty-two years old. They have a stable marriage, having cohabited in a state of wedded solace and bliss for eleven years. They are both longtime members of the Parish of Saint Andre, the Roman Catholic church of Ely Falls, and attend services regularly. They have expressed a passionate desire to extend to the boy a proper religious education. Moreover, they are deeply woven into the fabric of the Franco-American community here in Ely Falls and are part of a large extended family with many cousins and aunts and uncles and grandparents who dote on the little boy. As Your Honor is doubtless aware, the Franco-Americans are known for their strong family and cultural ties, which they refer to as
la Foi
. In addition, these foster parents are hardworking. Though both are employed by the Ely Falls Mill, Mr. and Mrs. Bolduc have made adequate, not to say excellent, arrangements for the boy’s care at great sacrifice to themselves. You shall hear testimony from Albertine Bolduc regarding her love and devotion to the boy.”
la Foi
. In addition, these foster parents are hardworking. Though both are employed by the Ely Falls Mill, Mr. and Mrs. Bolduc have made adequate, not to say excellent, arrangements for the boy’s care at great sacrifice to themselves. You shall hear testimony from Albertine Bolduc regarding her love and devotion to the boy.”
Sears removes his monocle and lets it fall upon his chest.
“Your Honor, it would be a crime —
a crime
— to take the boy away from the only parents he has ever known. And as the state of New Hampshire is not generally in the business of committing crimes against its citizens, the respondents request that the writ of habeas corpus put before us today by the counsel for the relator be set aside forthwith.”
a crime
— to take the boy away from the only parents he has ever known. And as the state of New Hampshire is not generally in the business of committing crimes against its citizens, the respondents request that the writ of habeas corpus put before us today by the counsel for the relator be set aside forthwith.”
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