by Griff Hosker
“Oh.” I hadn’t thought that he could ask for such a punishment. “Is the firing squad a likely outcome? I know it is war time and the death penalty is possible but…”
He shrugged, “I genuinely do not know and neither does the captain. This is new territory for both of us. We will have to bring as many character witnesses as we can. I will bring up your war record. That has to count for something. Your time in the cavalry will help as will the number of aeroplanes you have destroyed. Saving Lieutenant Holt’s life has to count for something too. The worst part of this is that we don’t know who the other two majors will be. It is highly likely that he will pick his friends so that, no matter what we do, no matter how good your defence will be, it will still end up with you being found guilty.”
“You just do the best you can. When is the trial?”
“The day after tomorrow.”
“Then let’s get started on the defence now.”
As we prepared my defence I discovered that Lieutenant Holt was not badly injured but he was upset that I had been placed in such a position by my action. His pleas had been ignored by the major who had successfully alienated all of the younger pilots. He had made me the hero and him the villain by his actions. However, if I was found guilty, that would avail me nought.
We had suffered another three damaged aeroplanes that day. The Germans were being slightly more strategic than we were. They were well thought out ambushes. Given that the aeroplanes they used were inferior to ours they had used their minds to defeat us.
We were both methodical thinkers and we went through each incident on that day one by one. We could not get beyond the disobeyed orders and so we decided to attack all of the standing orders which had been introduced by the major. I was exhausted when he left and I could get to my bed properly.
When Gordy brought me my breakfast he was quite excited. “You will never believe it but for once Ted has come up with a good idea which is not negative. He went through all the losses in the squadron since the major arrived and compared them with the days when the colonel wrote the orders. We have lost far more aeroplanes and men since the major took over. It is startling. If we attack the standing orders then we might have a chance.”
“Define a chance.”
“It might mean a lesser punishment.”
I suppose when the alternative is the death penalty then a less charge isn’t so bad. The trouble is I did not think I had done anything wrong and, apparently, neither did the rest of the squadron. I was saddened that the colonel’s son had been wounded but his absence almost amounted to dereliction of duty. Men had died and been wounded and most of it was down to his absence. We worked until late in the night. Both of us were exhausted by the time we had finished.
“However it turns out Gordy I want you to know that you are the best friend a man could have and you could not have done more for me.”
He shook my hand, “Don’t be daft. We both know it could have been me. It was only a matter of time. He had it in for all three of us. Ted told us that when we arrived. I am just sorry that it was you.”
“Now you are being daft. I am a single man and you have Mary. It is better this way.” I hesitated. “Listen if they find me guilty and, you know, the worst comes to the worst; will they do it straight away or wait a day or so?”
He looked shocked. “It won’t come to that.”
“But if it does? Let’s plan. The thing is I need to write a letter to mum and dad. It would be a better letter if I knew what the outcome was. But if they are going to, you know, shoot me immediately after the court martial then I had better write one now.”
“Now you are being daft. They will not shoot you. Get that into your head. Now get a good night’s sleep.”
A good night’s sleep would not come. I tried to write a letter but there were too many unknowns. If this was the last letter that they would receive from me then it had to be right. John and Tom had not written before they had been killed. It was vital that I did so; if only to explain why I had been shot. I would write the letter after the court martial. I would write one even if they took me out to shoot me right away. This was too important to me. Sleep must have come for Gordy woke me the next day before reveille. I was not certain that he had slept much from the bags around the eyes and the smell of stale cigarettes.
“Right Bill, let’s have a good breakfast and then put on your number ones. We have to look smart. Wear your cavalry sword. You never know one of the other officers could be a cavalryman too.”
When we were quite ready I stood before Gordy. He nodded, “You’ll do.”
The guard outside said, “They are about ready Lieutenant Harsker. Two staff cars have just pulled up.” There was a pause. “It wouldn’t do to keep them waiting eh sir.”
I stepped out and the sun was shining. It was a beautiful morning. The Flight Sergeant in charge of the detail snapped, “Attention.” Two airmen stood behind me and two in front. He sergeant stood next to me and said, out of the corner of his mouth, “Sorry about all this sir. But don’t worry it will turn our all right.” Then he snapped, “Prisoner and escort, quick march!”
As we entered the mess tent I noticed there were airmen seated outside. I saw Lieutenant Holt and Sergeant Sharp amongst them. They would be the witnesses. Once again I was thankful that it was Captain Marshall who was prosecuting. He would be fair.
Inside the tent there were four tables. Sergeant Shield sat at one with a sheaf of papers in his hand. He glanced up as we entered and grinned maliciously. There was a long table with three seats behind it. In front of it was a single chair and then there were two tables facing it. Gordy took us to a small table with two seats. Captain Marshall smiled as we passed him reading his papers placed before him on the desk.
Suddenly Sergeant Shield shot to his feet and shouted, “General Court Martial, attention!”
I watched as Major St.John Hamilton-Grant strode in. Behind him was a taller officer I did not recognise. However he had the same look on his face as the major and my eyes dropped to the desk. It was as we had feared and Major St.John Hamilton-Grant had ensured that it was men like him who would judge my fate. I was aware of Gordy sitting and I joined him.
I heard the major’s voice. It seemed to be coming from far away. I knew I should have written the letter to my parents explaining what I had really done and not what the newspapers would say.
“Would you read the charges, Captain Marshall?”
As the Captain went through the list I wondered if I would be able to begin the letter now. I was about to turn and ask Gordy for some paper when the major said, “How do you plead Lieutenant Harsker?”
Gordy nudged me to rise. I did so and brought my gaze up. The words, “Not guilty,” were just coming from my lips when I saw the third member of the panel of officers. It was Major Burscough. Although his expression was as serious as the others I convinced myself that I had seen hope in his eyes.
“You may sit. The other two members of the panel who will make judgement toady are Major Burscough and Major Stuart.” They both nodded when their names were mentioned. “Captain Marshall, you may proceed and we can get this over with.” Major Burscough shot an irritated glance at Major St.John Hamilton-Grant. He had not liked the comment.
“The prosecution calls its first witness, Flight Sergeant Charles Sharp.”
Charlie came in and was asked the predictable questions about the events of the day in question. I could see Charlie trying to make it seem as though I was really obeying orders but Captain Marshall stuck to his task. At the end of his testimony it was quite obvious that I had disobeyed orders and the court martial could have ended there.
Gordy stood. “Sergeant Sharp I just have a couple of questions for you. Did you object to risking your life to rescue Lieutenant Holt?”
Before he could answer, Major St.John Hamilton-Grant snapped, “What difference does that make, Lieutenant Hewitt? He is just a sergeant.”
“In which case his answer wil
l not influence the panel will it sir?” There was no answer and Gordy said softly, “Just answer the question, Sharp.”
“Of course not sir. It is our duty to help our comrades. I am just sorry we could not save his gunner Bert.”
“A sentiment we all agree with. Now a final couple of questions for you and then you may leave. You have served with Lieutenant Harsker since you arrived in Belgium?”
“Yes sir.”
“You have served in this squadron then all that time?”
“Yes sir.”
“Tell me then Sergeant Sharp, if this had happened say, during the Second Battle of Ypres, would Lieutenant Harsker be on trial here.”
Major St.John Hamilton-Grant almost exploded, “Captain Marshall, are you not going to object to this line of questioning?”
“I can’t see the harm sir. It does not change the facts that Lieutenant Harsker disobeyed standing orders, your orders.”
“Answer the question Sharp.”
“Of course not sir.”
“And why not?”
“The standing orders. The new ones stopped us from being airmen.”
“Thank you, Sharp, no further questions.”
“You are dismissed Sergeant. Lieutenant Holt.”
As Charlie walked by he winked at me. It seemed to make me feel better for the three majors all had stony and cold faces.
Lieutenant Holt had a bandage around his head and his arm was in a sling. Captain Marshall stood and asked, “Would you like to tell us what happened on the day in question; the day you received these injuries we can see.”
“Sir we were patrolling the front as ordered. We had been told to stop any German aeroplanes observing movements behind our lines.” Even as he was saying this I knew that it had been rehearsed. “I was the last aeroplane in the line and Lieutenant Harsker was on my port side. A Fokker E1 had managed to come from behind our lines and he attacked me in my blind spot below the engine. I took hits from him and I was forced to fly over no-man’s land. Two other aircraft were waiting for me. They attacked from the German side. That was when Bert, my sergeant was hit. I was forced to fly south. Lieutenant Harsker discouraged the first Fokker and then took on the other two. My bus was losing power and I looked for somewhere to land. The German ground fire and the fact that my rudder had been shot out meant I had to go behind their lines. There was no chance of landing in No-Man’s Land. The engine lost power and I tried to land. The wing caught and I blacked out. When I came to the doctor was watching over me and I was back at the airfield; here.”
“So let me make it quite clear, Lieutenant. Lieutenant Harsker deliberately attacked those three German aeroplanes in direct disobedience of his orders.”
“Yes sir.”
“He deliberately landed behind enemy lines, again in direct disobedience of the standing orders, to bring you back.”
“Yes sir, although as I was unconscious I was not aware of that fact until later.”
“Thank you, no further questions.”
Gordy stood and walked over to the chair with Lieutenant Holt. “I have only one question for you Lieutenant. Did you disobey orders when you flew over enemy lines?”
Before he could answer Major St.John Hamilton-Grant shouted, “The Lieutenant is not on trial here!”
“Allow him to answer please, I would be interested.” Major Burscough’s voice sounded so calm after the rants of Major St.John Hamilton-Grant.
“Answer the question Lieutenant.”
“Yes sir, technically I did. I did not want to disobey orders but with a Fokker on your tail and two others trying to ambush you, you have little choice in the matter.”
“But Lieutenant Harsker did have a choice did he not?”
I saw the look of incredulity on Holt’s face and the look of triumph on Major St.John Hamilton-Grant’s. It looked as though Gordy was doing the prosecution’s job for him.
Gordy said softly, “Answer please, Lieutenant Holt. You know the old saying, ‘speak the truth and shame the devil’.” As he said it he glanced at Major St.John Hamilton-Grant.
Johnny nodded, “Yes sir. He had a choice. He could have left me to my fate.”
Silence descended on the court. “And what would that fate have been?”
“I would be dead along with Bert.”
The silence as Lieutenant Holt finished his evidence was eloquent. After he had been dismissed Gordy turned to Captain Marshall. “Sir, are your other witnesses going to be saying the same thing, that Lieutenant Harsker disobeyed orders?”
I saw Captain Marshall’s lips move in a slight smile as he said, “Yes, Lieutenant Hewitt.”
“Then I think we can accommodate Major St.John Hamilton-Grant’s wishes and bring this to a speedy conclusion by admitting that Lieutenant Harsker disobeyed orders and put him on the stand.”
He glanced at the panel. Major St.John Hamilton-Grant snapped, “Anything to get this damned trial over with quickly and judgement passed.”
“Lieutenant Harsker, would you take the stand. I only have a few questions for you to answer.” I sat and looked at the wall of the tent. I could only see Captain Marshall and Gordy. It felt strange. The panel was behind me.
“Did you deliberately disobey Major St.John Hamilton-Grant’s orders?”
“Yes sir.”
“Why?”
“Firstly, they were stupid orders.” I heard the intake of breath behind me, “and secondly I am a soldier and it is a soldier’s duty to save the lives of his fellows if he can.”
“Even if that means disobeying orders and risking your own life?”
“It is what soldiers do.”
“Would you do it again?”
“Without a second thought.”
“Even though you now the result would be this court martial?”
“Yes sir.”
“Did you disobey orders before this occasion?”
This was the gamble. “Yes I did.”
“Why? You knew it was wrong and would incur the major’s displeasure.”
“Each time my disobedience stopped us losing men and aeroplanes it was necessary. It was the standing orders which were wrong.”
I heard Major St.John Hamilton-Grant almost explode, “I am not on trial here either. Strike the record of those comments Sergeant Shield.”
Gordy was facing me now and I saw the ghost of a smile. The major had reacted the way we had predicted. “In that case would it please the court to hear how the previous standing orders worked?”
Major St.John Hamilton-Grant snorted, “I do not see the relevance. I now command this squadron.”
Then I heard Lord Burscough, “Temporarily, Major, yes Lieutenant Hewitt I would like to hear.”
“Go ahead Lieutenant Harsker.”
“We operated in flights of three aeroplanes. It was the colonel’s idea. Major Hyde-White led one and three lieutenants led the others. The orders were to fly together and to protect each other.”
“And did you?”
I waited for a heartbeat, “I lost neither a pilot nor an aeroplane during that time.”
“Whereas now…?”
“Whereas now, we have lost a large number of pilots, gunners and aeroplanes. We are down to less than half strength.”
“I have heard enough. Captain Marshall, sum up for the prosecution. You may resume your seat Lieutenant Harsker.”
As I took my seat I was certain that Major St.John Hamilton-Grant had not followed procedure and it was confirmed when I looked at the three of them. Lord Burscough and Major Stuart both had frowned heads together talking. As he sat down Gordy said quietly, “That went better than I hoped.”
Captain Marshall stood and addressed the court. “There is no doubt that Lieutenant Harsker disobeyed orders. By his own admission this was not the first time and appears to me to show a flagrant disregard for the authority of Major St.John Hamilton-Grant.” Although the major nodded I realised that the captain was trying to mitigate the charges and help me. “Lieutenant
Hewitt has made a valiant defence but I am afraid that the fact which will determine the outcome of this court martial is that Lieutenant Harsker deliberately and knowingly disobeyed his commanding officer’s orders.”
“Lieutenant Hewitt.”
“Captain Marshall is correct; Bill, here, is guilty of disobeying the major’s orders.” We had calculated that the use of my first name would annoy Major St.John Hamilton-Grant but make me seem more human to the other two. “However he was acting in the spirit of the squadron. This squadron is one of the most successful squadrons on the Western Front and if we find Lieutenant Harsker guilty then the squadron might as well disband for all esprit de corps will be lost. We should not punish the lieutenant, we should reward him.”
He sat down and I whispered, “No matter what the outcome that was well done, Gordy.”
Major St.John Hamilton-Grant glared at us and he coughed before he stood. “Before we briefly deliberate on the outcome of this trial I would like to make a couple of comments.” He looked at Sergeant Shield and nodded. His flunky had pen poised, “for the official record. My duty is to the Royal Flying Corps. I have tried to turn this shambles of a squadron into something which will reflect the skills of its pilots. I had much to do when I arrived and Lieutenant Harsker is typical of the obstacles put in my way. The sooner he leaves this squadron the sooner I can turn it from a pathetic shambolic republic run by an officer who should have been pensioned off into a…”
I could not see but I heard someone enter the tent behind me. The three majors all stood to attention; as did Sergeant Shield.
Then I heard Colonel Pemberton-Smythe’s voice and I leapt to my feet. “Do carry on major, you were saying something about a shambles of a squadron and a commanding officer who should have been pensioned off. Do carry on and ignore me.”
Everyone sat down and Major St.John Hamilton-Grant stammered, “Well I think we had better debate the issue. The prisoner can be….”
I had not heard Major Stuart speak before; he was a Scot. “I think we can make our discussion public major. I don’t think anyone wants things done behind closed doors,” he smiled, “or tent flaps for that matter.”
