Ramage's Trial r-14

by Dudley Pope

  So why the hell prolong the trial and give Goddard any more satisfaction? It was not Shirley's fault - he was mad and not responsible for his actions. The captains forming the court did not realize what they faced and could not be told enough - except by the very evidence that Goddard had prevented being given.

  Come to think of it, those captains (like Ramage himself) must wonder why the Jason's officers stayed stubbornly silent if they honestly thought Shirley was really mad. Yet that silence alone could be enough reason for them finding Captain Ramage guilty as charged ...

  How and why had he become involved in all this, he asked himself bitterly. Why had he removed Shirley from his command - because he would be back commanding the Jason as soon as the trial was over. Why had he freed the Jason's lieutenants - because now not one of them would speak a word even to help their rescuer.

  Ramage looked at Goddard and the man's weak, sagging face made him angry. So did the thought of Shirley, and the Jason's lieutenants, who were behaving like sycophantic poltroons.

  "Yes, sir, I am ready to present my case," he heard himself saying. "Could the first witness on my list be called?"

  The first witness was Aitken, who strode into the cabin to be reminded by Jenkins that he was still on oath and therefore need not be sworn again.

  The deputy judge advocate looked questioningly at Ramage, who shook his head. "I do not have my questions written out."

  "In that case," Goddard said quickly, having seen that Ramage was not holding any sheets of paper, "you will write them out and ask them through me."

  Oh no. Ramage decided: he had put up with enough in the trial so far and he was making a defence only because Goddard, Shirley and the wretched lieutenants had irritated him. "If you'll pardon me, sir, that is not required in the court-martial statutes; writing down questions has simply become a habit in some courts to save time."

  "Nevertheless, you'll write down each question and pass it to me to ask."

  Ramage took a deep breath and stared straight at Goddard. "In that case, sir, I have no defence to offer, and I insist that this dialogue be recorded in the minutes."

  "You can't insist on anything," Goddard sneered. "You are the prisoner on trial for your life."

  Swinford said unexpectedly: "Sir, as the senior of the captains forming this court - of which you are president - I must insist that Captain Ramage's request be granted. He has decided not to offer a defence because you insist on examining his interrogatories and asking them yourself. Your decision and his are both part of the trial and must be recorded. And if you'll forgive me, sir, Captain Ramage is correct about the court-martial statutes. This business of written interrogatories started to help deputy judge advocates write the minutes. In fact, it is bad because it gives a dishonest witness plenty of time to think of a way to prevaricate. We must remember the courts were set up to administer justice, not the comfort and convenience of deputy judge advocates."

  Goddard was quick enough to know he was beaten on that point, and with a defensive half-smile at all the captains he said: "Of course, of course. I was simply trying to speed up the proceedings: we are now in our second day and only just beginning the defence." He turned to Ramage, his smile twisted and artificial, like the powder daubed on the face of a raddled old trull.

  "Mr Aitken," Ramage said, "you have already deposed that during July last you were the last lieutenant of the Calypso, and now I want you to tell the court what you consider to be the beginning of the series of circumstances which has led to you appearing here as a witness in my trial."

  Ramage looked round at Goddard. He had worked very carefully on that question because basically it asked an officer for his professional opinion on a relevant subject. Goddard could not object that the question had nothing to do with the charge or witness. But Ramage could see that as Jenkins wrote down the question, while he waited for the answer Goddard was trying to see what hidden significance might lie behind it.

  Aitken saw Jenkins' pen stop moving and said: "Sighting a sail to windward which afterwards proved to be the Jason, sir."

  "What in your view was the situation of the Calypso, with a strange sail sighted to windward?"

  "Because the Calypso was escorting a large West Indian convoy, sir, she had to take immediate steps to be ready to defend the ships if necessary."

  Goddard interrupted. "Pray tell me what has all this to do with the charges against you, Mr Ramage?"

  "Only this, sir," Ramage said, not troubling to hide the sarcasm in his voice, "I am charged over matters concerning the Jason frigate and Captain Shirley. It seems relevant to my defence to introduce both of them."

  Both Captain Swinford and, sitting opposite him, Captain Huggins, simultaneously coughed. Goddard glanced at each of them and then nodded to Ramage. "Carry on, then."

  "Mr Aitken, what steps were taken that immediately concerned you, or which you initiated yourself?"

  "Acting on your orders, I had the drummer beat to quarters. I then asked you for the day's challenge, and as soon as you gave it to me, I had the appropriate flags hoisted, along with our pendant numbers."

  "You did not order any alteration of course or sail trimming?"

  "No, sir. While I was attending to my duties, the master gave the orders which started us stretching up to windward."

  So far, so good, Ramage thought. Goddard has at last woken up to the fact that some of the members of the court are concerned that the trial should be conducted according to the court-martial statutes. That did not mean they were on his side, but at least it hinted that they would listen to evidence fairly and give a verdict based on it. Yet, yet, yet. . . Would Goddard suddenly change his aim? No, there was no chance of that.

  "What did you do after that?"

  "I was concerned first with identifying the strange sail, and having done that, taking the appropriate steps to meet her."

  "How did you identify her, and what steps did you take?"

  Ramage saw that Goddard was looking worried. There was no way he could rule the questions out of order, in the light of Swinford's and Huggins's discreet coughs, providing Ramage was careful. But let Goddard object to one question and the flood would start . . .

  "As we approached we (the officers and several seamen) recognized her as a British-built frigate, and her sails had an English cut. Then we saw she had a challenge hoisted, and read her pendant numbers."

  Ramage waited until Jenkins indicated he had copied the answer down and then asked Aitken casually: "It was, of course, the correct challenge?"

  "No, sir."

  "What," demanded Goddard, "has this to do with the charges?"

  "In my view, sir, it has a vital bearing on all the charges."

  "In the court's view it has none. Strike it out, Mr Jenkins. Carry on, Mr Ramage."

  "Having inspected the flags of the Jason's challenge," Ramage asked, watching Goddard and ready with his protest should the admiral interrupt, "what did you then do?"

  "I looked up her pendant numbers in the signal book and saw she was the Jason. As there was no need for the men to remain at quarters, I gave them the orders for them to secure the guns."

  "What did you observe about the Jason at this time?"

  "She was steering directly for us and I concluded she was going to pass within hail."

  Ramage saw that Goddard was now tense, his eyes flickering from Ramage to Aitken and back. He knew that the time was fast approaching when Ramage would be asking about one of the critical parts of the case, the broadside, and knew he had to stifle the questions without being too obvious.

  "Did she pass within hail?" Ramage asked again casually.

  "No, sir, within gunshot, though."

  "Wait," shouted Goddard. "Mr Jenkins, do not write that down. What has this to do with the charge?"

  "I was just establishing a distance, sir. Pistol shot, musket shot, gunshot - these are all very well known distances and immediately recognized by seamen."

  Goddard glanced at Captain S
winford before nodding: "Very well, carry on."

  At once Ramage asked: "How do you know she was within gunshot of the Calypso?"

  "She fired a raking broadside at us, sir."

  "Stop! Silence, I say!" Goddard shouted. "Strike that out, both question and answer."

  "Sir," Ramage said quietly, "if that question and that answer are struck out, clearly the court is being prevented from hearing this witness's evidence, and there is no point in me asking further questions. I request it be recorded in the minutes."

  "If you choose to ask no more questions that is your affair," Goddard said bluntly. "As president of the court it is my affair that the proceedings be conducted as laid down in the court-martial statutes."

  Ramage stared at him open-mouthed. The man's hypocrisy was unbelievable. "In view of that, I have no more questions to ask this witness," he said.

  Aitken signed the minutes and Goddard said in a friendly voice: "You may stay in the court now you are not required again as a witness."

  Aitken gave a deep bow. "You are too kind, sir," he said ironically, and walked over to the row of chairs.

  "Call the next witness," Goddard said, as though to maintain some sort of initiative, and Jenkins called for Wagstaffe, who had been kept on board overnight in custody.

  Ramage asked him preliminary questions establishing his role on board the Calypso up to the time she went alongside the Jason. Goddard did not object to any of the routine questions, then Ramage asked: "When you boarded the Jason with me, what opposition did you meet?"

  "Wait!" snapped Goddard, but Ramage immediately interrupted.

  "Sir, may I suggest you hear the witness's answer before objecting?"

  Realizing that he was leaving himself open by not agreeing, Goddard nodded, but slewed his body round so that he could stare at Wagstaffe.

  The young lieutenant said: "There was no opposition at all."

  "Where were the officers?"

  "I did not see -"

  "Stop," Goddard said. "There is no opposition so any further question on that point is irrelevant."

  "I want it noted in the minutes that I am not allowed to question this witness properly - sir."

  Goddard shrugged. "If you can't frame your questions properly, that's your affair. It might have helped had you first written them down."

  That none of the officers were on deck, that all the guns' crews were crouched beside their guns, that Shirley was standing there in a long black coat - Ramage knew there was no hope of getting any evidence about this past Goddard, yet that (and what he saw for the rest of the voyage to England) was what made Wagstaffe's evidence vital. Vital but impossible to have recorded in the minutes of the trial.

  Ramage said no more, so that his last request still stood, although Goddard appeared to be ignoring it, impatiently gesturing to Wagstaffe to sign the minutes, having asked Shirley if he had any questions and receiving a dismissive reply.

  Southwick was the next witness, but like Aitken he was prevented from giving any evidence about the broadside: Goddard was ready with several objections. Like Wagstaffe, the master was stopped from describing the absence of officers from the Jason's deck. Finally Ramage said: "I have no more questions to ask this witness that would be permitted by the president of the court."

  "My dear fellow," Goddard said blandly, "ask what questions you wish; just make sure that, as laid down in the court-martial statutes, they are relevant to the charges - after all, there are enough charges ..."

  There was no more point. Ramage decided as Southwick signed the minutes. All the evidence allowed would, like Goddard's manner whenever challenged, be bland. The other lieutenants, Paolo, Jackson, Stafford - whatever they said about the broadside would be disallowed so there was no point in calling them. In fact, that was the end of the defence. There remained only for him to make his defence statement.

  Yet, he suddenly remembered, there was one witness who would be very offended if not called to give evidence.

  Ramage said: "I wish to change my list of witnesses. May I be allowed to amend it?"

  Goddard nodded and Ramage walked down to the end of the table. Jenkins gave him the list and handed him the pen. Ramage scored all through the names except one, added a few letters to it, and returned to his chair.

  "Are you ready?" Goddard inquired, and when Ramage nodded he told Jenkins impatiently: "Call the next witness."

  CHAPTER EIGHTEEN

  Jenkins hesitated for several moments, reading his list a second time, and Goddard tapped the table impatiently with his signet ring.

  "Mr Jenkins, next witness!"

  The deputy judge advocate turned towards the door, where the Marine sentry waited to repeat the name. "Call Miss Alexis Yorke," he said.

  Goddard swung round to Ramage. "Who is this woman? What on earth has she got to do with this case?"

  "She is a defence witness, sir," Ramage said, "and it would be quite improper for me to anticipate her evidence."

  "Very well, have her sworn."

  So, Ramage realized, Goddard did not remember the family name, and he was glad she and Sidney had sat apart. Nor did Goddard remember Sidney from Port Royal, Jamaica, and of course he had never seen or heard of Alexis before.

  When Alexis walked into the great cabin, Ramage realized that most if not all of the court had previously only seen her at a distance across the cabin, sitting down in the rows of chairs for spectators, and then when she left the cabin. None of them - at least, not Goddard and presumably not the captains - had realized why Alexis was in the cabin. He guessed that they had assumed that she was the wife (a fiancée would need a chaperone) or mistress of someone interested in the trial. The thought of Alexis as a mistress was - he brushed the picture aside and watched her.

  Goddard was impressed: he was already standing, a reassuring smile on his face. He gestured towards the chair which had been pushed to one side by the preceding witnesses. "If Miss Yorke will be seated there," he said. "We have one or two formalities to go through first."

  Jenkins bustled round holding both the Bible and a Crucifix, and then had to scuttle back to collect the card on which the oath was written. Then obviously he decided to use one of the alternative forms, which did not require the witness to recite, and then remembered that he had not read all the details of the accused's list of witnesses. Finally he walked round to Alexis, who saw what he was carrying and stood up.

  "Madam, do you subscribe to -"

  "I belong to the Established Church," she said quietly, and took the proffered Bible in her right hand, holding it up.

  Jenkins, more used to dealing with truculent, deliberately obstructive or stupid seamen, smiled encouragingly.

  "Are you Miss Alexis Aureelia Yorke?"

  "I am Alexis Aurelia Yorke," she said, quietly correcting the pronunciation of her second name.

  "A spinster living at Bexley in Kent?"

  "I am a spinster," Alexis agreed. Ramage could see she was puzzled over the address, since she and her brother owned homes in Barbados, Jamaica and London as well as Bexley.

  "I have a home in Bexley," she said finally, "but I travel a good deal."

  The point of the answer was lost on Jenkins, who took a deep breath and said: "Do you swear upon the Holy Evangelist that the evidence you shall give before the court, respecting the charge against the prisoner, shall be the truth, the whole truth and nothing but the truth, so help you God?"

  "Oh indeed!" exclaimed a startled Alexis. "I mean, yes, it will."

  Jenkins took back the Bible and returned to his seat while a smiling Goddard invited Alexis to be seated again.

  Ramage was ready for Goddard's next move.

  "Miss Yorke, as president of the court it is usual for me to ask questions of the witness, so my first question is if you know anything of the circumstances of the charges made against the prisoner?"

  "The prisoner? No, I don't think I know anything about the prisoner."

  Goddard gave Ramage a triumphant smirk. "Th
en, madam, would you mind telling the court why you are here?"

  "Oh yes, that is quite simple. I am here to give evidence about Captain Lord Ramage - the gentleman sitting there."

  Goddard swallowed hard, for a moment put about by the sudden use of Ramage's title, which would be normal enough in private life, but he failed to keep a sneer from his voice and a smile from his face: "But he is the prisoner."

  "My goodness," Alexis said, "such a brave officer made a prisoner. Tell me, Admiral, have you ever read any of the London Gazettes when they print some of his despatches?"

  Goddard's smile was trying to bolt, but he held on to it as best he could. "Madam," he said with icy politeness, "this is a court of law, and I have to ask you the questions."

  "Oh, of course! Please do."

  "I have to ask you what you know about the circumstances of the charges against the prisoner." Goddard now had the smirk fixed firmly in place: that question, he clearly thought, would dispose of this witness. It did not occur to him that he was dealing with an extremely intelligent young woman who was enjoying baiting him.

  "Forgive me, Admiral, and it is probably against all your rules, but may I ask you a question?"

  Goddard gave a slight bow; an inclination of head and shoulders which, accompanied by a smile, was intended to show this extremely elegant woman that admirals were indeed human and only too willing to attend to any feminine fads and quirks. "Of course, madam: feel free to ask."

  "Well, you said - or, rather, I understood you to ask me - what did I know of the circumstances of the charges against the prisoner. "

  "Yes, that was the burden of my question."

  "But how can I talk about 'the circumstances' when I don't know what 'the charges' are?"

  Ramage kept a straight face. Goddard had walked straight into that trap, and Alexis had sprung it with perfect timing.

  Red-faced and beginning to perspire freely, Goddard was obviously thinking of the tedium of reading aloud several Articles of War and, more to the point, could guess some of the questions Alexis would ask about them.