ON TRIAL BY COURT-MARTIAL
Tuesday was the day for the court-martial.
In the Army there is little patience with the law's delays.
A trial must move ahead as promptly as any other detail of the
soldier's life. Nothing can hinder a trial but the inability
to get all the evidence ready early. In Cadet Prescott's case
the evidence seemed so simple as to require no delay whatever.
The weather had been growing warmer within a short time. When
Dick and Greg awoke at sound of reveille, they heard the heavy
rain no sign of daylight yet.
When the battalion turned out and formed to march to breakfast a
more dispiriting day could not be imagined. The rain was converting
deep snow into a dismal flood.
But Dick barely noticed the weather. He was full of grit, burning
with the conviction that he must have a full vindication today.
It was when he returned to barracks and the ranks were broken,
that Dick discovered how many friends he had. Fully twoscore
of his classmates rushed to wring his hand and to wish him the
best kind of good luck that day.
Yet at 7.55 the sections marched away to mathematics, philosophy
or engineering, according to the classes to which the young soldiers
belonged.
Then Prescott faced a lonely hour in his room.
"The fellows were mighty good, a lot of them," thought the accused
cadet, with his first real sinking feeling that morning. "Yet,
if any straw of evidence, this morning, seems really to throw
any definite taint upon me, not one of these same fellows would
ever again consent to wipe his feet on me!"
Such is the spirit of the cadet corps. Any comrade and brother
must be wholly above suspicion where his honor is concerned.
Had Dick been really guilty he would have been the meanest thing
in cadet barracks.
At a little before nine o'clock Lieutenant Topham called. To
Cadet Prescott it seemed grimly absurd that he must now go forth
in holiday attire of cadet full-dress uniform, white lisle gloves
and all---to stand before the court of officers who were to decide
whether he was morally fit to remain and associate with the other
cadets. But it was the regulation that a cadet must go to court,
whether as witness or accused, in full-dress uniform.
"I'm going to do my best for you today, Mr. Prescott," declared
Lieutenant Topham, as they walked through the area together.
Into the Academic Building counsel and accused stepped, and on to
the great trial room in which so many cadets had met their gloomy
fates.
At the long table sat, in full-dress uniform, and with their swords
on, the thirteen Army officers of varying ranks who composed the
court.
At one side of the room sat the cadet witnesses. These were three
in number. Mr. Dunstan and Mr. Gray were there as the two men
who had occupied blackboards on either side of Prescott the Friday
forenoon before. Cadet Dodge was there to give testimony concerning
the handkerchief episode in the area of barracks before the sections
had marched off to math.
Captain Abbott, of course, was there, to testify to facts of his
knowledge. Never had there been a more reluctant witness than
that same Captain Abbott, but he had his plain duty to do as an
Army officer detailed at the United States Military Academy.
Lieutenant Topham and Dick, on entering, had turned toward the
table reserved for counsel.
For a moment, Dick Prescott had raised his face to the gallery.
There he beheld Mrs. Bentley, Laura and Belle, all gazing down at
him with smiling, friendly faces.
Dick could not send them a formal greeting. But he looked straight
into the eyes of each in turn. His smile was steady, clear and
full of courage. His look carried in it his appreciation of their
loyal friendship.
Among the visitors there were also the wives of a few Army officers
stationed on the post. Nearly all of these knew Prescott, and were
interested in his fate.
Among the spectators up there was one heavily veiled woman whom
Dick could not see from the floor as he entered the room. Nor
did that woman, who had drawn back, intend that he should see her.
The president of this court-martial called it promptly to order.
The members of the court were sworn, then the judge-advocate
took his military oath. It was then announced that the accused
cadet wished to have Lieutenant Topham represent him as counsel.
To this there was no objection.
In a twinkling the judge-advocate was again on his feet, a copy
of the charge and specifications in his hand.
Facing the president of the court, standing rigidly at attention,
his face expressionless, his bearing every whit that of the soldier,
Cadet Richard Prescott listened to the reading of the accusation
of dishonor.
In an impressive tone the president of the court asked what plea
the accused cadet wished to enter.
"The accused offers, to the charge and specifications, a blanket
plea of 'not guilty,'" replied Lieutenant Topham.
Captain Abbott was first called and sworn. In concise, soldierly
language the instructor told the events of the preceding Friday
forenoon. He described the dropping of the slip of paper, and
of his request that it be handed to him. "The paper," continued
the witness, "contained a crude, brief outline of the demonstration
which Mr. Prescott had just explained so satisfactorily that I
had marked him 2.9."
"Which is within one tenth of the highest marking?" suggested
the judge-advocate.
"Yes, sir."
"Had you noted anything in Mr. Prescott conduct or performance at
the blackboard that indicated any uncertainty, at any time, about
the problem he was demonstrating?"
"When he had gone a little way with the writing down of the
demonstration," replied Captain Abbott, "Mr. Prescott hesitated
for some moments, then asked permission to erase, which was given."
"Did he then go straight ahead with his work?"
"To the best of my observation and remembrance, he did, sir."
"Had Mr. Prescott been doing well previously?" asked the
judge-advocate.
"Only during the last week, sir. During the last week he displayed
such a new knowledge and interest in mathematics that I was prepared,
on his last week's marks, to recommend that he ascend two sections
in his class."
"Is it not true, Captain, that Mr. Prescott, in the last week,
showed such a sudden, new proficiency as might be accounted for
by the possibility that he had then begun to carry written 'cribs'
to the class?
"His progress last week was such as might be accounted for by that
supposition," replied the witness reluctantly.
"That is all, Captain."
Lieutenant Topham then took the witness in hand, but did not succeed
in bringing out anything that would aid the cause of the accused
cadet.
"Cadet Dunstan!" called the judge-advocate.
Dunstan stepped forward and was sworn. He had testified that, during
the blackboard work, he had stood beside Mr. Prescott. Dunstan was
positive that he had not seen any slip of paper in Prescott's hands.
"Did you look his way often, Mr. Dunstan
"Not directly, sir; I was busy with my own work."
"Yet, had Mr. Prescott had a slip of paper held slyly in either
hand, do you think you would have seen it?
"I am positive that I would, sir," replied Cadet Dunstan.
Under the questioning of Lieutenant Topham, Dunstan stated that
he had witnessed Prescott's loan of his handkerchief to Dodge
before the sections formed to march to mathematics section room.
"In what condition, or shape, did Mr. Dodge return Mr. Prescott's
handkerchief?" ask Lieutenant Topham.
"The handkerchief was crumpled up, sir."
"So that, had there been a paper folded in it, the paper very
likely would not have been visible?"
"The paper most likely would not have been visible, sir."
"In what form was the handkerchief handed to Mr. Dodge by Mr.
Prescott?"
"I am almost certain, sir, that Mr. Prescott passed it holding
it by one corner."
"So that, had there been any paper in it at that time, it would
have fallen to the ground?"
"Yes sir."
"What did Mr. Prescott do with the handkerchief when it was returned
to him."
"My recollection, sir, is that Mr. Prescott took his handkerchief
without examining it, and thrust it into his blouse."
"Are you sure that he did so?"
"I cannot state it with absolute certainty, sir. It is my best
recollection, sir."
Bert Dodge had sat through this testimony trying to look unconcerned.
Yet around the corners of his mouth played a slight, greenish
pallor. The testimony of the cadets had not been looked for to
be very important. Now, however, the president of the court regretted
that he had not excluded from the room all of three cadet witnesses
except the one under examination.
Cadet Gray was next called. He was able to testify only that,
while at the blackboard, Mr. Dunstan had stood on one side of
Cadet Prescott and the present witness on the other side. Mr.
Gray was strongly of the belief that, had Prescott been slyly
using a written crib, he (Gray) would have noted the fact. Mr.
Gray had not been a witness to the handkerchief-loaning incident
before formation of sections.
"Cadet Dodge!"
Dodge rose and came forward with a distinct swagger. He was plainly
conscious of the cadet corporal's chevrons on his sleeve, and
plainly regarded himself as a superior type of cadet. He was
sworn and questioned about the handkerchief-borrowing incident.
He admitted the borrowing of the handkerchief to wipe a smear
of dirt from the back of his hand. As to the condition of the
handkerchief at the time of its return, Mr. Dodge stated his present
belief that the handkerchief was very loosely rolled up.
Then Lieutenant Topham took the witness over.
"Would the handkerchief, when you handed it back, have held this
slip of paper?" questioned Mr. Topham, holding up the slip that
had brought about all of Prescott's present trouble.
"It might have, sir, had the paper been crumpled as well."
"Did you hand the handkerchief back with a paper inside of it?"
"Not according to any knowledge of mine, sir."
"Was there a paper in the handkerchief, Mr. Dodge, when Mr. Prescott
passed his handkerchief to you?"
"To the best of my belief, sir, there was not."
"Now, pay particular heed, if you please Mr. Dodge," requested
Lieutenant Topham, fixing his gaze keenly on the witness. Dodge
tried not to look apprehensive. "Did you have any paper in your
hand while you had Mr. Prescott's handkerchief in your own possession?"
"No, sir," replied Dodge with emphasis.
"Did you, knowingly, pass the handkerchief back to the accused
cadet with any paper inside of it, or touching it in any way?"
"No, sir!"
Lieutenant Topham continued for some seconds to regard Mr. Dodge
in silence. The witness began to lose some of his swagger. Then,
abruptly, as though firing a pistol, Lieutenant Topham shot out
the question:
"How about that smear of dirt on your hand, Mr. Dodge? How did
it come to be on the back of your hand?"
If Mr. Topham had looked to this question to break the witness
down he was doomed to disappointment.
"I do not know, sir," Dodge replied distinctly. "I am of the
opinion, sir, that it must have come from the blacking on one
of my shoes as I put it on before leaving my room."
There was no more to be gained from Dodge. He was excused. Now,
Dick Prescott rose a was sworn, that he might testify in his own
behalf. Yet he could do no more, under the military rules of
evidence, than to deny any guilty knowledge of the slip of paper,
and to repeat the handkerchief-loaning recital substantially as
Dunstan had given it.
This closed the testimony. The president of the court announced
that a recess of ten minutes would be taken, and that the room
and gallery would be cleared of all except members of the court
and the counsel for the accused.
As Dick turned to leave, he again turned his face toward the gallery.
He saw his Gridley friends and looked bravely into their eyes,
smiling. Then he caught sight of a veiled woman up there, who
had risen, and was moving out. Dicks started; he could not help
it, there was something so strangely familiar in that figure and
carriage.
The cadet witnesses had already left, and we returning to barracks.
Lieutenant Topham touched Prescott's arm and walked with him to
the corridor.
"I shall do my best for you, you may be sure, Mr. Prescott," whispered
the cavalry officer.
"May I ask, sir, what you think of the chances?
"Candidly, it looks to me like almost an even toss-up between
conviction and acquittal."
Dick's face blanched. Then he turned, with starts The veiled
woman was moving toward him with uncertain steps.
"Lieutenant Topham, I did not know my mother was to be present,
but I am almost positive that is she."
Now, the veiled woman came a few steps nearer, looking appealingly
at Dick.
"I am told, sir, that my son is in close arrest," she called,
in a voice that thrilled the cadet. "But I am his mother. May
I speak with him a moment?"
Mother and son were clasped in each other's arms for a moment.
What they said matters little. Then Cadet Richard Prescott
returned to his bleak room in barracks.