Part 6 (2/2)

And yet the curious thing is, the fellow has an excellent record, I believe.”

”That proves nothing,” said the Colonel; ”I've had a fellow in my battalion found sleeping at his post on sentry-go, a fellow I could have sworn by. And you know what the punishment for that is. It's these night attacks; the men must not sleep by night and some of them cannot sleep by day, and there are limits to human nature. We've no reserves to speak of as yet, and the men are only relieved once in three weeks. Their feet are always wet, and their circulation goes all wrong. It's the puttees perhaps. And if your circulation goes wrong you can't sleep when you want to, till at last you sleep when you don't want to. Or else your nerves go wrong. I've seen a man jump like a rabbit when I've come up behind him.”

”Yes,” mused the Judge-Advocate, ”I know. But hard cases make bad law.”

”Yes, and bad law makes hard cases. Between you and me, our military law is a bit prehistoric. You're a lawyer and know more about it than I do.

But isn't there something for civilians called a First Offenders Act?

Bind 'em over to come up for judgment if called on--that kind of thing.

Gives a man another chance. Why not the soldier too?”

”Yes,” replied the Judge-Advocate, ”there is. I believe the War Office have been talking about adopting it for years. But this is not the time of day to make changes of that kind. Everybody's worked off his head.”

Eight officers had entered the room at intervals, the subalterns a little ahead of their seniors in point of time, as is the first duty of a subaltern whether on parade or at a ”general,” and, having saluted the President in the window, they stood conversing in low tones.

The Colonel suddenly glanced at his left wrist, walked to the middle chair behind the table, and taking his seat said, ”Now, gentlemen, carry on, please!” As they took their places the Colonel, as President of the Court, ordered the prisoner to be brought in. There was a shuffle of feet outside, and a soldier without cap or belt or arms, and with a sergeant's stripes upon his sleeve, was marched in under a sergeant's escort. His face was not unpleasing--the eyes well apart and direct in their gaze, the forehead square, and the contours of the mouth firm and well-cut. The two took their places in front of the chair, and stood to attention. The prisoner gazed fixedly at the letters ”R.F.,” which flanked the arms of the Republic on the wall above the President's head, and stood as motionless as on parade. A close observer, however, would have noticed that his thumb and forefinger plucked nervously at the seam of his trousers, and that his hands, though held at attention, were never quite still. The escort kept his head covered.

At the President's order to ”bring in the evidence,” the soldier on duty at the door vanished to return with a squad of seven soldiers in charge of a sergeant, who formed them up in two ranks behind the prisoner and his escort. And they also stood exceeding still.

The President read the order convening the court, and, as he recited each officer's name and regiment, the owner acknowledged it with ”Here, sir.” When he came to the prisoner's name he looked up and said, ”Is that your name and number?” The escort nudged the prisoner, who recalled his attention from the wall with an immense effort and said ”Yes, sir.”

”Captain Herbert appears as prosecutor and takes his place.” As the ritual prescribed by the Red Book was religiously gone through, the prisoner continued to stare at the wall above the President's head, and the rain rattled against the window-panes with intermittent violence.

Having finished his recital, the President rose, and with him all the members of the court rose also. He took a Bible in his hand and faced the Judge-Advocate, who exhorted him that he should ”well and truly try the accused before the court according to the evidence,” and that he would duly administer justice according to the Army Act now in force, without partiality, favour, or affection.... ”So help you G.o.d.” As the colonel raised the book to his lips he chanted the antiphon ”So help me G.o.d.” And the Judge-Advocate proceeded to swear the other members of the court, individually or collectively, three subalterns who were jointly and severally sworn holding the book together with a quaint solemnity, as though they were singing hymns at church out of a common hymn-book.

Then the Judge-Advocate was in turn sworn by the President with his own peculiar oath of office, and did faithfully and with great earnestness promise that he would neither divulge the sentence, nor disclose nor discover any votes or opinions as to the same. Which being done, and the President having ordered the military policeman to march out the evidence, the sergeant in charge cried ”Left turn. Quick march. Left wheel,” and the little cloud of witnesses vanished through the doorway.

The President proceeded to read the charge-sheet:--

”_The accused, No. , Sergeant John Stokes, 2nd Battalion Downs.h.i.+re Regiment, is charged with Misbehaving before the enemy in such a manner as to show cowardice, in that he at , on October 3rd, 1914, when on patrol, and when under the enemy's fire, did run away._”

All this time the prisoner had been studying the wall, his eyes travelling from the right to the left of the frieze, and then from the left to the right again. It was noticeable that his lips moved slightly at each stage of this laborious visual journey. ”Forty-seven.”

”Forty-nine.” ”Forty-eight.” Stokes was immensely interested in that compelling frieze. He counted and recounted the number of figures in the Greek fret with painful iteration. Apparently he was satisfied at last, and then his eyes began to study the inkstand in front of the President.

The President seemed an enormous distance away, but the inkstand very near and very large, and he found himself wondering why it was round, why it wasn't square, or hexagonal, or elliptic. Then he speculated whether the ink was blue or black, or red, and why people never used green or yellow. His brain had gone through all the colours of the spectrum when a pull at his sleeve by the escort attracted his attention. Apparently the Colonel was saying something to him.

”Do you plead guilty or not guilty?”

The prisoner stared, but said nothing. The escort again pulled his sleeve as the Colonel repeated the question.

Stokes cleared his throat, and looking his interlocutor straight in the face, said, ”Guilty, sir.” The members of the court looked at each other, the Colonel whispered to the Judge-Advocate, the Judge-Advocate to the Prosecutor. The Judge-Advocate turned to the prisoner, ”Do you realise,” he asked, not unkindly, ”that if you plead 'Guilty' you will not be able to call any evidence as to extenuating circ.u.mstances?” The prisoner pondered for a moment; it seemed to him that the Judge-Advocate's voice was almost persuasive.

”Well, I'll say 'not guilty,' sir.”

He now saw the President quite close to him; that monstrous inkstand had diminished to its natural size. Nothing was to be heard beyond the hissing of the rain but the scratching of the Judge-Advocate's quill, as he slowly dictated to himself the words ”The--prisoner--pleads--'not guilty.'” But why they had asked him a question which could only admit of one answer and then persuaded him to give the wrong one, was a thing that both puzzled and distressed John Stokes. Why all this solemn ritual, he speculated painfully; he was surely as good as dead already.

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