CHAPTER VIII
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.