The court took this view and Mr. Chappell was admonished to confine his testimony to Ralph’s actions. Twist and turn as Himski tried he was completely prevented from bringing out any testimony whatever regarding the unknown midshipman. The most he developed was that Chappell had deliberately and intentionally provoked Ralph. But the fact was nevertheless brought out in damning clearness that Ralph had stood Mr. Chappell on his head.
Bollup was the next witness and a most unwilling one, and thus doubly injurious to Ralph. He laid great stress on Ralph’s provocation but had to testify that Ralph had hazed Mr. Chappell. The prosecution had but these two witnesses to call and then rested.
Himski then recalled Mr. Chappell to the stand as a witness for the defense and was so persistent in endeavoring to bring in testimony showing that Mr. Chappell was acting under an unknown midshipman’s orders that finally he was severely admonished by the court to abide by its rulings.
“May it please the court,” said Himski, rising to his feet, and borrowing the verbiage of the judge-advocate, “I am prepared to prove that the action of the accused was not, in reality or fairness, hazing. I ask for but a chance to prove that Mr. Chappell was but a tool in the hands of a most vicious person, and if the court does not grant me this permission I can but say that it also is but a tool in the consummation of a wicked crime against Midshipman Osborn; I will prove that Mr. Chappell was acting under orders, and thinking it but a joke, deliberately incited and provoked this so-called hazing. Mr. Osborn was, in fact, the injured, the assaulted party; and I can prove by the commandant of midshipmen that Mr. Osborn has been the victim of a relentless enmity that for three years has pursued him with plots so nefarious as to be almost inconceivable.”
“May it please the court,” said Lieutenant Colton, in sonorous tones, “this court is not ordered to investigate the Naval Academy nor to go into Mr. Osborn’s past troubles, nor to inquire into anything except a certain specified act. I most strenuously object to the accused’s counsel bringing into this case any irrelevant matter whatever. The Naval Academy is not on trial, nor is any midshipman except Mr. Osborn. The question before this court is not whether Mr. Osborn is the victim of one plot or a series of plots, not whether he has enemies or has received injuries from them. Nor are his motives on trial. The question before this court is a very simple one; it is to determine whether or no Mr. Osborn stood Mr. Chappell on his head. There is no other question. Nor is this court a proper place for Mr. Osborn to lay his grievances. We may be sure of one thing, gentlemen of the court, and that is that there is a proper place for Mr. Osborn to lay his grievances and to ask for protection, and we may be sure, gentlemen of the court, that full protection and justice will be accorded Mr. Osborn by the authorities. But I most earnestly protest against the introduction of the irrelevant testimony that counsel for the accused is so persistent in trying to inject into this case.”
Everybody was sent out of the room while the members deliberated over this point. In a few minutes Ralph, Himski, Lieutenant Colton and Mr. Chappell were all recalled.
“Mr. Him—ah, counsel for the accused, the objection of the judge-advocate is sustained. You will confine yourself entirely to the matter of the specification.”
Himski was thunderstruck and dismayed. His one hope was now destroyed. He had expected to get the whole story of that Monday night’s events, believing that if the entire circumstance were known a court of just men would not convict his friend. But it now seemed as if the judge-advocate and the court were actually in league with the villainous Short.
“There’s no use, Os,” he said sorrowfully. “I can’t understand the influence that is working against us.”
Ralph, pale and interested in what had gone on, albeit hopeless though he had been through it all, smiled wanly, and said: “Don’t take it too hard, old fellow. But I thank God he has given me such a friend as you are to me.”