The defendants’ attorney stood tapping the table before him with one long finger and gazing earnestly at the court, which seemed to be struggling hard to suppress some deep and hidden emotion.
“The amendment is allowed,” gasped Jim, gazing over the heads of the two sullen-looking prisoners. Then the first charge, as amended read:
I. “That Joseph Darlington, a native of New York, and Thomas Darlington, likewise a native of New York, are hereby charged with conduct unbecoming an officer and a gentleman, in that they did on the night of August eighteenth, 18—, feloniously steal through the darkness into the apartments (better known as fo’scle) of one, Peter McCloskey, and of one, Aloyisius Durgan (minor), and did with malice aforethought, disturb the peace, quiet and sleep of the said McCloskey and the said Durgan, by representing themselves to be ghosts, with green faces” (here Tom snickered, but one look from the captain at the head of the table sobered him, indeed, it was the captain’s presence on this trying occasion that lent dignity and reality to the scene, for he evidently meant business, and his sternness was rounded out by the impressiveness of his polished dome. When quiet settled heavily once more upon the trial, James resumed his reading of the charge), “representing themselves to be ghosts with green faces, to the grave detriment of the peace of mind of the said McCloskey and said Durgan, and furthermore, causing them severe bodily contusions and bruises upon their limbs while attempting to escape from said ghosts, at the time and place before mentioned, thus unfitting them for active service aboard their ship, the Sea Eagle, James Darlington, Master.” At this last statement Captain Kerns leaned forward over the table, and regarded the two prisoners with great severity, and they felt in their bones that they were going to catch it. They looked appealingly at Juarez, but he appeared entirely oblivious of their presence.
II. “Furthermore, it is charged that the said Joseph Darlington and Thomas Darlington on the night of the 18th of August, 18—, did resist their superior officer——” Here Tom growled something in the ear of his attorney, who immediately rose to his feet and said, “My client objects to the word superior, as not being true and applicable, he says that the aforesaid officer only thinks that he is superior.”
“This objection is overruled,” said Jim, the judge, his mouth twitching; “by superior is meant commanding officer.”
“Certainly, Skipper,” rumbled the captain; “you’re right. Don’t let ’em give you any nonsense, you are in command of this ship.”
Nothing more from Tom, and the reading continued. “Therefore, the two defendants are charged with mutiny on the high seas.”
“Are you ready to plead to these specifications?” inquired Jim, looking at the prisoners’ counsel.
“We are,” replied John Berwick.
“What is your plea?”