THE WAR DEPARTMENT SAYS ITS SAY
For witnesses Bunny had rounded up all of his gang of that notable
night, with the one exception of Skinny Carroll. It would never do to
have Carroll go on the stand and admit that he had been posted as a
lookout.
Bunny and all his friends, under the coaching of a local lawyer, had
proved themselves expert perjurers.
Even Major Elbert, president of the court, before that body had been in
session for an hour, looked as though he believed the case a dark one
against the young officers.
The elder Hepburn was on hand. He tried hard to palm off one of his pet
orations on the court, but Major Elbert shut him off sternly.
Not one of Bunny's crew told the truth. That wasn't what they were there
for.
Hal and Noll attended court, as required, in dress uniform. It was the
first time that they had worn these handsome service garments
officially, and it seemed a pity that they should have to wear them
under such circumstances.
At last Hal was sworn. He told the truth, briefly, clearly, accurately.
Then a shady lawyer engaged by the Hepburns undertook to cross-examine
the young lieutenant. Hal's testimony was not to be shaken in the
slightest detail. The lawyer resorted to abuse, but Hal kept his temper.
Major Elbert took a hand, warning the lawyer that he must keep his
speech within the limits of gentlemanly use.
Noll went on the stand and told his story. It did not differ from Hal's
in any detail, nor was young Terry to be shaken by cross-examination.
Still it was the testimony of two witnesses against that of a dozen
witnesses.
Then the policeman who had interfered was called to the stand. He had
not witnessed the affray, and so could give no testimony as to whether
Lieutenant Overton or Bunny Hepburn had started the affair.
Chief Blake followed.
"Do you know anything of the affray itself?" questioned Major Elbert.
"Nothing," admitted the chief.
The Hepburn lawyer settled back in his chair with a dark look of
satisfaction.
"In what way, Chief," queried the major, "do you feel that you can aid
this court in arriving at a proper decision?"
"I am here, sir, to testify, if desired, to the characters borne by the
complainants and by the defendants."
Chief Blake then went on to state that he had known Lieutenants Overton
and Terry for many years, with the exception of the time that they had
been absent serving in the Regular Army. The chief stated that the
character of each young man was above reproach.
"What do you know regarding any of the complaining witnesses?" inquired
Major Elbert.
"I object!" shouted the Hepburn lawyer, rising.
"To what do you object?" inquired the major mildly, glancing at the
lawyer. "To having the characters of the complaining witnesses stated?"
"We object, may it please the court, on the ground that the chief of
police is not qualified to express a competent opinion."
"We will hear what Chief Blake has to say," decided the president of the
court, "and we will pass on the value of his evidence later on."
"'Bject!" snapped the lawyer.
"Be good enough, sir, to sit down!"
Chief Blake began his statement by explaining that the elder Hepburn had
been for years a notorious local character----
"'Bject!" shouted the lawyer.
"Sit down, sir"--from the president of the court.
Chief Blake continued his testimony, producing copies of official
records to show that the elder Hepburn had been four times arrested for
inciting disorder and on similar complaints.
"'Bject!"
"Orderly," called Major Elbert. A sergeant who had accompanied the
officers of the court stepped forward. "Orderly," continued the major,
mildly, "if this attorney makes any further disturbance, put him out of
the room. You should understand, Counsellor, that this is a military
court, and that you, as a civilian attorney, are admitted here as a
matter of courtesy. The chief of police will now go on with his
testimony, and if there be anything in it, Counsellor, to which you wish
to take exception, at the proper time you will be afforded an
opportunity. But we cannot have the court's time wasted by boisterous
conduct on the part of any one present."
Major Elbert's manner was not that of the bully, or of one abusing brief
authority. His voice was mild and soft, but he meant business.
Chief Blake continued, testifying that not one of the young fellows in
Bunny's crew was a valuable or reliable member of the community. Four of
them had been arrested on minor charges in the past, and all of them,
Bunny included, had given the police of the town many kinds of trouble
and annoyance in the past.
"Chief," inquired the major softly, "what do you feel at liberty to say
regarding the truthfulness of any of the complaining witnesses?"
"I wouldn't believe one of 'em, sir, under any oath that could be
imposed on 'em," replied Chief Blake bluntly. "In the past my policemen
and I have known every one of that outfit to lie repeatedly when accused
of different kinds of disorderly conduct."
"Then you believe, Chief, that the complaining witnesses are members of
a definite gang, and that they are all wholly untruthful and
undependable?"
"To that question, sir, I have no hesitation whatever in saying 'yes.'"
"Have you any more evidence to offer, Chief?"
"I have two witnesses outside, sir, whom I think you would like to
hear."
"Will you send for them?"
Bunny and his crew, during the testimony of Chief Blake, which had not
been expected by them, had felt partly dazed. They sat either scowling
or grinning sheepishly while the new witnesses were being awaited. The
elder Hepburn sat behind the younger men, running the fingers of his
right hand through his glossy black hair.
When the two witnesses entered, the gangsters started and exchanged
glances. One was a middle-aged man, the other Skinny Carroll.
"This gentleman," announced Chief Blake, "is Mr. Robert Enwright. Mr.
Enwright's store is at the corner below the scene of the affray now
being investigated. Mr. Enwright sometimes sleeps over his store. He did
during the night of the fight. He was awakened by hearing this other
witness, Carroll, shout a warning that the police were coming. Mr.
Enwright looked out of the window and recognized Carroll. So Mr.
Enwright notified me, the next day, and I gathered Carroll in. Carroll
finally admitted that he had belonged to the Hepburn gang, and that he
had shouted a warning to his mates."
Mr. Enwright was then sworn, and substantiated Chief Blake's remarks.
Next Skinny Carroll, nervously avoiding the black looks of Bunny and his
crew, came forward and was sworn. He told the truth, now, as glibly as
Bunny's friends had lied.
"Then, on that night, and at the time of the fight, you did act as
lookout for young Hepburn and his friends?" asked Major Elbert.
"Sure," agreed Skinny readily.
"Who told you to act as lookout?"
"Bun Hepburn himself!"
"'Bject!" shouted the Hepburn lawyer.
The sergeant moved over and laid a hand on the attorney's shoulder.
"At what period in the affair," inquired the major, "were you so
instructed to run up to the corner to act as a lookout against the
coming of the police?"
"Just before de gang closed in," declared Skinny.
"Closed in--for what?"
"T' soak Overton and Terry."
"Then the gang did deliberately combine to waylay and attack Lieutenant
Overton and Terry?"
"Surest pipe you ever lit," affirmed Skinny Carroll, in the only style
of speech of which he was master.
The Hepburn attorney was then given an opportunity to cross-examine the
police witnesses. He did not, however, succeed in shaking any of the
testimony.
Within ten minutes more the inquiry was declared closed. Army courts do
not announce their findings, which are sent, sealed, to the War
Department, there to be acted upon as the President of the United States
directs.
[Illustration: "We Shall See!"]
For that reason Hal and Noll knew nothing of the nature of the court's
findings. Both young lieutenants, however, looked decidedly cheerful as
they left the city hall. Skinny Carroll went away under the protection
of Chief Blake. The gang melted quickly, Bunny with them, but the elder
Hepburn was found down by the gate, ready to fix the two Army boys with
one of his dramatic glares.
"Probably you two _gentlemen_ think you have cleared yourselves,"
sneered the orator. "You feel that you have squared the court and have
killed my son's case. But we shall see!"
Hal, for answer, looked straight into Hepburn's eyes with a cold stare
of contempt. Noll did not even trouble himself to glance at the fellow.
Four days later the Army boys received long official envelopes from the
War Department. The findings of the court of inquiry had vindicated and
exonerated both young officers, who would continue to enjoy the full
confidence of the President and of the War Department. Further,
Lieutenants Overton and Terry were authorized to publish this letter in
any way that they chose.
The next morning the _Tribune_ published the letters and congratulated
the Army boys.
On the other hand, the _Sphere_ printed a long screed against the
government, and against the War Department in particular, and hinted
that all Army officers, young and old, stood together in cases like the
present one.
Before the day was over, however, Proprietor and Editor Sayles was
having his own troubles. He had been summoned to Lawyer Kimball's
office, where he discovered that he was about to be defendant in two
suits for libel.
"But you can attack public officers in the press," retorted Sayles.
"Only as to their performance of their public duties," rejoined
Counsellor Kimball. "You have grossly libeled my two clients in their
private life. As they are Army officers, and therefore men of the
highest standing as to honor, they can obtain a verdict for large
damages."
Sayles tried to bluster, whereupon the lawyer advised him to seek an
attorney of his own for consultation. Within a week Sayles knew more
about the libel law, and gladly settled out of court to avoid the danger
of having to pay much more after standing suit. The amount that he paid
was five thousand dollars, and to do this the editor had to put a
mortgage on his newspaper plant.
"Five thousand dollars is a nice little pile," remarked Noll, when the
Army boys had been summoned to their attorney's office.
"As you have informed me that you regard Sayles's money as soiled, and
that you will not use it for yourselves," continued the Counsellor, "I
shall stick to my original agreement, which was not to charge you
anything for my services unless the case had to go to court. Have you
thought how you will apply this money?"
"Yes," came promptly from Noll. "In this town there are eighteen
churches, one synagogue and one hospital. That makes twenty
organizations in all. Mr. Kimball, will you send each of them your check
for two hundred and fifty dollars?"
"Too bad you can't send the donations in Sayles's own name," laughed
Lieutenant Hal.
"I can forward the sum to each recipient anonymously," replied the
lawyer, his eyes twinkling, "and can state that Mr. Sayles is
responsible for the gift."
When Editor Sayles, of the _Sphere_, received the thanks of eighteen
churches, a synagogue and the hospital his face expressed helpless fury
rather than good-will toward men.