The man addressed was the lawyer who had questioned the court’s methods; he identified himself as Alfred Schneider and stated that he was acting both for Western Mutual and for the Bon Marché. “This gentleman beside me is Mr. deGrasse, manager of the store.”
“Good. Now the next man, please.” Greenberg established that all principals were present, with their attorneys; the roster included, besides himself, Judge O’Farrell, John Thomas, Betty, and Chief Dreiser, the following: Mrs. Donahue and her lawyer Mr. Beanfield, Messrs. Schneider and deGrasse for Bon Marché, Mr. Lombard, city attorney of Westville, the attorney for Mr. Ito’s insurance company and Mr. Ito’s son (acting for his father), Officers Karnes and Mendoza (witnesses), and John Thomas’s mother with the Stuart family lawyer, Mr. Postle.
Greenberg said to Postle, “I take it you are also acting for Mr. Stuart.”
Betty interrupted with, “Heavens, no! I’m representing Johnnie.”
Greenberg raised his eyebrows. “I was about to ask what you were doing here. Uh, you are an attorney?”
“Well. . . I’m his counsel.”
O’Farrell leaned over and whispered, “This is preposterous, Mr. Commissioner. Of course she is not a lawyer. I know the child. I’m rather fond of her. . . but frankly, I don’t think she is quite bright.” He added severely, “Betty, you have no business here. Get out and quit making a fool of yourself.”
“Now, see here, Judge. . .”
“One moment, young lady,” Greenberg put in. “Do you have any qualifications to act as counsel for Mr. Stuart?”
“I certainly do. I’m the counsel he wants.”
“Mmm, a very strong point. Though perhaps not sufficient.” He spoke to John Thomas. “Is that correct?”
“Uh, yes. sir.”
Judge O’Farrell whispered, “Don’t do it, son! You’ll be reversed.”
Greenberg whispered back, “That’s what I “am afraid of.” He frowned, then spoke to Mr. Postle. “Are you prepared to act for both mother and son?”
“Yes.”
“No!” Betty contradicted.
“Eh? Wouldn’t Mr. Stuart’s interests be better protected in the hands of an attorney than in yours? No, don’t answer; I want Mr. Stuart to answer.”
John Thomas turned pink and managed to mutter, “I don’t want him.”
“Why?”
John Thomas looked stubborn. Betty said scornfully, “Because his mother doesn’t like Lummox, that’s why. And. . .”
‘That’s not true!” Mrs. Stuart cut in sharply.
“It is true. . . and that old fossil Postle is stringing along with her. They want to get rid of Lummie, both of them!”
O’Farrell coughed in his handkerchief. Postle turned red. Greenberg said gravely, “Young lady, you will stand and apologize to Mr. Postle.”
Betty looked at the Commissioner, dropped her eyes and stood up. She said humbly, “Mr. Postle, I’m sorry you’re a fossil. I mean I’m sorry I said you were a fossil.”
“Sit down,” Greenberg said soberly. “Mind your manners hereafter. Mr. Stuart, no one is required to accept counsel not of his choice. But you place me in a dilemma. Legally you are a minor child; you have chosen as counsel another minor child. It won’t look well in the record.” He pulled at his chin. “Could it be that you. . . or your counsel. . . or both of you. . . are trying to cause a mistrial?”
“Uh, no, sir.” Betty looked smugly virtuous; it was a possibility she had counted on but had not mentioned to Johnnie.
“Hmm. . .”
“Your honor. . .”
“Yes, Mr. Lombard?”
“This strikes me as ridiculous. This girl has no standing. She is not a member of the bar; obviously she can’t function as an attorney. I dislike finding myself in the position of instructing the court but the obvious thing to do is to put her outside the bar and appoint counsel. May I suggest that the Public Defender is present and prepared?”
“You may so suggest. Is that all, Mr. City Attorney?”
“Uh, yes, your honor.”
“May I say that the court also finds it distasteful for you to instruct the court; you will not do so again.”
“Er. . . yes, your honor.”
“This court will, make its own mistakes in its own way. Under the customs by which this court is convened it is not necessary that a counsel be qualified formally. . . in your idiom, be a ‘member of the bar,’ a licensed lawyer. If you find that rule unusual, let me assure you that the herditary lawyer-priests of Deflai find it much more astonishing. But it is the only rule which can be applied everywhere. Nevertheless I thank you for your suggestion. Will the Public Defender stand up?”