Specht,
First Lieutenant and Squadron Chief
of the 2d Reserve Squadron.
The foddermaster happened to be seated at his noon meal, when the sergeant-major stepped up, announced his arrest to him, and took him to the lock-up. There he was to remain until sentence should be pronounced in his case, for his offence had been officially designated as “Peremptory refusal of obedience in the presence of men assembled.” As such “men assembled” the two guards of the stable were regarded in the eyes of the law.
The incident was reported from mouth to mouth throughout the regiment, and by far the greater majority were indignant at Roth’s action. Even the officers themselves declared unanimously that such a superior as Roth ought to be got rid of.
But Roth thought he had done something heroic, and seemed great in his own eyes. When off duty he declared he liked comradeship, and was ever ready for a good joke, not taking offence at anything. But when on duty, why, the devil, they should see that he was not to be trifled with. Every species of intimacy or friendship was at an end when on duty. Then it was: I order, and you have to obey, else I’ll break your neck!
And Sergeant Schmitz all this time was in his gloomy, cold cell. Lifeless and broken in courage, he was staring at the rough stone flagging through the long hours of the day. He thought he was dreaming, and could not or would not believe that he was behind lock and key because of a military offence. Why, he had nine long years of service behind him, in which he had conducted himself blamelessly, never having been punished for a day.
Slowly, indeed, the seriousness of the situation dawned on him, and with this consciousness grew up a violent hatred of the man whom he had deemed his friend, and who now, under the influence of alcoholic rage was about to destroy the fruits of all his life and those he had counted to garner in the future. But he would show the regiment, once he was a free man again, what a low character the fellow really had, and how behind his hypocritical and insinuating manners were concealed systematic dishonesty and fraudulent practices. Nobody should be deceived by him again. He, Schmitz, would take care of that.
That he was to be court-martialed seemed to be beyond question. And as a matter of fact he was charged, as he knew, with “peremptory refusal to obey”; but the trial must certainly show that the peculiar circumstances of his offence were of such a character as to deprive it of all seriousness, and that really there had been but an exchange of words which, although an official character might be attributed to it, could not possibly be viewed with great severity when once all the facts had been established. He counted, of course, among these facts his intimate intercourse with Roth; but this point would have to be clearly and skilfully brought out at the trial, for on that hinged the issue.
Sergeant Schmitz prayed, therefore, formally, in a petition to the regiment, for legal counsel, and at the same time for permission to enter with such counsel into oral and written communication.
He was amazed when informed a few days later that legal counsel could be provided by military courts only in those cases where the defendant was accused of a crime. On the other hand, the communication said, there was no objection to his retaining a suitable lawyer, but of course at his own expense.
But where get the money for such a lawyer? Schmitz’s slender means and those of his parents at home were by no means sufficient for the purpose, and yet he felt that he had no chance in his defence if he were to face the judges of the military court, and Roth himself, whose persuasive powers of language he knew so well. He would be unable, with his very insufficient command of language, to enlighten the court in an impressive manner as to intimate details. Somehow, therefore, the money must be raised.