Leaves from a Field Note-Book

by J. H. Morgan

I

The President of the Court and the Judge-Advocate stood in private colloquy in one of the deep traverse-like windows of the Hôtel de Ville over-looking the Place. A heavy rain was falling from a sullen sky, and the deserted square was a dancing sea of agitation as the raindrops smote the little pools between the cobbles and ricochetted with a multitudinous hiss. Now and again a gust of wind swept across, and the rain rattled against the windows. On the opposite side of the square one of the houses gaped curiously, with bedroom and parlour exposed to view, as though some one had snatched away the walls and laid the scene for one of those Palais Royal farces in which the characters pursue a complicated domestic intrigue on two floors at once. That house, with its bed exposed to the rain dripping from the open rafters, was indeed both farcical and indecent; it stood among its unscathed neighbours like a pariah. The rain was loud and insistent, but not so loud as to dull the distant thunder of the guns. The intermittent gusts of wind now and again interrupted its monotonous theme, but the intervals were as brief as they were violent, and in this polyphonic composition of rain, wind, and guns, the hissing of the raindrops came and went as in a fugue and with an inexpressible mournfulness.

Inside the room was a table covered with green baize, on which were methodically arranged in extended order a Bible, an inkstand, a sheaf of paper, and a copy of the Manual of Military Law. Behind the table were seven chairs, and to the right and left of them stood two others. The seven chairs were for the members of the court; the chair on the extreme right was for the "prisoner's friend," that on the left awaited the Judge-Advocate. About five yards in front of the table, in the centre of an empty space, stood two more chairs turned towards it. Otherwise the room was as bare as a guard-room. And this austere meagreness gave it a certain dignity of its own as of a place where nothing was allowed to distract the mind from the serious business in hand. At the door stood an orderly with a red armlet bearing the imprint of the letters "M.P." in black.

"I have read the summary pretty carefully," the Judge-Advocate was saying, "and it seems to me a clear case. The charge is fully made out. 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 God." As the colonel raised the book to his lips he chanted the antiphon "So help me God." 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 Downshire 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 circumstances?" 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. He found himself wondering whether the sentence of the Court would be carried out in the presence of only the firing party, or whether the whole of his battalion would be paraded. And he fell to wondering whether he would be reported in the casualty lists as "killed in action," or would it be "missing"? And would they send his wife his identity-disc, as they did with those who had fallen honourably on the field? All these questions both interested and perplexed him, but the proceedings of the Court he regarded little, or not at all.

Meanwhile the Prosecutor was unfolding the charge in a clear, even voice, neither extenuating nor setting down aught in malice. In a court-martial no Prosecutor ever "presses" the charge; he may even alleviate it. Which shows that Assizes and Sessions have something to learn from courts-martial. The case was simple. Prisoner had gone out on the night of the 3rd with a patrol commanded by a subaltern. An alarm was raised, and he and the greater part of the patrol had run back to the trenches, leaving the officer to stand his ground and to return later with his left arm shattered by a German bullet.

All this Stokes remembered but too well, though it seemed to have happened an immense time ago. He remembered how the subaltern had warned him that the only thing to do when a German flare lit up the night was to stand quite still. And he had not stood still, for one of the most difficult things for a man to believe is that to see suddenly is not the same thing as being seen; he had ducked, and as he moved something seared his right cheek like red-hot iron, and then—but why recall that shameful moment? A paradoxical psychologist in a learned essay on "the Expression of Emotion" has argued gravely that the "expression" precedes the emotion, that a man doesn't run because he is afraid but is afraid because he runs. Sergeant Stokes had never heard of psychology, but to this day he believes that it was his first start that was his undoing. He had begun to run without knowing why, until he knew why he ran—he was afraid. Yes, that was it. He had had, in Army vernacular, "cold feet." But why he ran in the first instance he did not know. It was true he hadn't slept for nearly three weeks, and that his duty as N.C.O. to go round every half-hour during the night to watch the men and stare at that inscrutable field, and to post and relieve, had made him very jumpy. And then a young subaltern had died in his arms the day before that fatal night—he could see the grey film glistening on his face like a clouded glass. How queer he had felt afterwards. But what had that to do with the charge? Nothing at all.

And while the prisoner pondered on these things he was recalled by the voice of the President. Did he wish to ask the witness any questions? His company commander had been giving evidence. No; he had no questions to ask. And as each witness was called, and sworn, and gave evidence, all of which the Judge-Advocate repeated like a litany and duly wrote down with his own hand—the prisoner always returned the same answer.

Now the prisoner's friend, a young officer who had never played that rôle before, and who was both nervous and conscientious, had been studying Rule 40 in the Red Book with furtive concentration. What was he to do with a prisoner who elected neither to make a statement nor to put questions to witnesses, and who never gave him any lead? But he had there read something about calling witnesses as to character, and, reading, recollected that the company commander had glanced at the prisoner with genuine commiseration. And so he persuaded Stokes, after some parley, to call the captain to give evidence as to character. The captain's words were few and weighty. The prisoner, he testified, was one of the best N.C.O.'s in his company, and, with the latitude which is characteristic of court-martial proceedings, the captain went on to tell of the testimony borne by the dead subaltern to the excellent character of John Stokes, and how the said John Stokes had been greatly affected by the death of the subaltern. And for the first time John Stokes hung his head. But beyond that and the quivering of his eyelashes he made no sign.

And it being a clear case the Judge-Advocate, as a Judge-Advocate may do, elected not to sum up, and the prisoner was taken to the place from whence he came. And the Court proceeded to consider their finding and sentence, which finding and sentence, being signed by the President and the Judge-Advocate, duly went its appointed way to the Confirming Authority and there remained. For the General in Chief command in the field was hard pressed with other and weightier matters, having reason to believe that he would have to meet an attack of three Army Corps on a front of eight miles with only one Division. Which belief turned out to be true, and had for Sergeant John Stokes momentous consequences, as you shall hear.