Sentenced
THE eventful day fixed for the trial of the two alleged spies came at
last. Hamerton and Detroit found themselves, not, as they expected,
in a crowded court, bristling with lawyers, witnesses, and keenly
interested spectators, but in the same room in which the preliminary
examination had taken place.
The court was modelled on the lines of the tribunal in the Zabern
incident. It was virtually within closed doors, the military and
naval element constituting judges, prosecutors, and witnesses.
Only Von Wittelsbach's warped sense of Imperial devotion, coupled
with his cast-iron belief that the accused were really spies, urged
him to proceed with his plan. To him it was inconceivable that two
foreigners should be able to navigate a yacht in thick weather and in
the dead of night right up to the strictly prohibited anchorage
reserved for the exclusive use of the "Mosquito" flotilla of the
Imperial German Navy.
He was, of course, unable to form any definite idea of the amount of
important information that the alleged spies had acquired. They might
have gained priceless secrets during the short period the yacht was
at anchor under the lee of Heligoland or they might have had their
plans nipped in the bud by their prompt arrest.
In any case he concluded that the release of the accused would result
in a menace to the safeguards of the empire, and that must be avoided
at all costs.
It cannot be said that his immediate subordinates would have been
completely in accord with his ideas had the true facts been known to
them. Even Von Wittelsbach had his doubts as to whether he could
overcome their sense of justice and fair play. On the other hand, the
officers--imbued from the day they first donned the uniform of the
German Empire with the outstanding idea that a soldier must
unquestionably obey orders--were not likely to cause obstacles to the
commandant's plan could he but impress upon them that the prisoners
were spies, and as such a serious danger to the welfare of the State.
Von Wittelsbach was quite convinced in his own mind that once the
alleged spies were convicted they would be kept out of mischief till
the necessity for strict secrecy regarding the naval and military
preparations of the Fatherland ceased to be of paramount importance.
Great was Hamerton's and his companion's consternation when they
found themselves indicted under the names of John and William Smith,
on a charge of unlawfully obtaining information of the Sathurn,
Waalhorn, and Kordberg batteries situate upon the Island of
Heligoland; the Braaknocke, Kalbertan, and Olde Hoven batteries on
Sandinsel Island; and the submarine and torpedo-boat harbours in
South Haven, adjacent to the said Island of Heligoland, such acts
being unlawful and prejudicial to His Imperial Majesty the Emperor
and the German people.
For three hours the tedious case dragged on. There was a call for
witnesses for the defence, and, none being forthcoming, the president
asked if either of the accused wished to give evidence on his own
behalf.
Through the interpreter Hamerton strenuously denied that either he or
his companion was guilty of spying; that by a sheer fluke they found
themselves in a prohibited anchorage; and that, had they been asked,
they would at once have tendered their apologies and set sail.
"As regards the book dealing with the Schwartz-Kopff torpedoes,"
continued the Sub, "I can easily account for its being in my
possession. It fell from the clothing of a German seaman, Pfeil by
name, whom we rescued after falling from your torpedo-boat destroyer
S167. No doubt the man, if produced, will corroborate my statement."
Von Wittelsbach looked astounded. This admission took him completely
by surprise. Then with an effort he concealed his astonishment and
ordered the court to be adjourned for luncheon. In the interval he
sent for Lieutenant Dort.
"What is this about the Schwartz-Kopff manual?" he asked. "Where is
the one you found on the yacht?"
"I found nothing of that description, Herr Commandant," replied the
lieutenant.
"The prisoner says he had one. You must have overlooked it. And now
that accursed yacht is drifting in the German Ocean with a priceless
secret stowed away on board. I would give twenty thousand marks to
get her back again. Hasten and order the fourth flotilla to cruise in
search of her."
"It is already too late, sir. The yacht was picked up by a Dutch
trawler and towed into the Dollart. I thought----"
"You thought, dolt!" interrupted the commandant angrily. "Yet it may
not be too late. Find out at what port this yacht is lying. Get our
agent there to keep us well-informed of all that occurs. The craft
will doubtless be sailed back to England. After to-day you will
cruise off the Dollart. It will not be necessary to keep out of sight
of land provided you raise no suspicion. Two torpedo boats will be
sufficient, or even one. Directly the yacht sets sail our agent will
wire to me. I will communicate with you by wireless if you do not
observe her leaving port. Then do something that will enable you to
take possession of the vessel without exciting undue attention."
"We could disable her by collision, sir."
"Excellent. Mind you do it; but take care that she is not sunk. Then
tow her back here. We will then be able to discover the all-important
book that this fool of an Englishman has babbled about."
Von Wittelsbach was extremely reticent during the luncheon interval.
In his innermost mind he devoutly wished that he had exercised more
discretion before issuing orders that Hamerton and the American were
to be arrested as spies. But the die had been cast. He had taken the
first step. His iron will must see the business through. And then the
complication in connection with the torpedo manual? He realized that
if the book still remained on board the yacht it would sooner or
later be discovered. To allow a confidential book like that to fall
into the hands of a foreign Government--the British, above all!--was
bad enough. Add to that the consternation that the discovery of the
book would occasion; and it became fairly evident that there would be
embarrassing questions raised by parties interested in the supposed
deceased crew of the yacht. Hence his anxiety to regain possession of
the _Diomeda_.
When the court reassembled it was merely to conclude proceedings. The
prisoners were found guilty and sentenced to five years' close
confinement in the fortress of Heligoland.
A confidential report drawn up in Von Wittelsbach's own handwriting
was dispatched to the Admiralty at Berlin, and an official account of
the trial sent to the Press. The latter had been carefully censored
by the commandant. He felt tolerably safe, except for the fact that
the _Diomeda_ was not back in South Haven at Heligoland. His secret
was shared by five men only: the others present in the court were,
owing to their inability to understand English, ignorant of the
material facts of the case. Each of those five he thought he could
rely upon, since their career depended solely upon the commandant's
periodical reports to the German War Office.
And strangely enough his motives were actuated by a hatred of the
British Empire; his deep reluctance to swerve from a resolution once
formed, and an overwhelming desire to serve the Fatherland,
completely overruled all sense of fair play.