by Lynn Bryant
“May I ask the indulgence of the court, sir? As I am here, I would like to give a brief character testimony for Major van Daan.”
Ryder paused and looked at the president. Moore glanced to either side at his fellow jurors and then nodded. “Briefly, Sir Arthur.”
“I am known for it, sir.” Wellesley glanced over at Paul and then away. He had no notes. “I met Major van Daan on a hillside in India when he was a young lieutenant of twenty-one. He fought under me throughout that campaign and was made captain on the day before Assaye. He was wounded there in an act of conspicuous heroism, leading his men to silence the artillery which was slaughtering my men.
“Major van Daan is an intelligent and courageous officer. He can also be rash and impulsive but always in the right cause. He is working hard to control his temper but when he loses it, it is seldom on his own behalf. He is hard-working, talented and much beloved of both officers and men.
“I am very willing to accept that Major van Daan made his feelings too evident when he saw the plight of the men on that ship. Possibly it brought back painful memories. He himself was snatched from home and family as a boy of almost fifteen by a navy press gang - illegally - and served below decks for more than two years before his family recovered him, fighting gallantly under Lord Nelson at the Nile and winning promotion to petty officer.
“Major van Daan is young and hot-tempered but he is not a mutineer. He respects his seniors and if he makes mistakes he apologises freely and frankly, which I know he has done in this case, long before this court martial was an issue. He deserves to be reprimanded when he makes a mistake and he has been. He does not deserve to lose his commission. We have too few officers like him.”
There was a brief silence and then Wellesley stepped back and saluted to the jury. Paul could not look at him. He could feel stupid tears behind his eyes and he blinked them back hard, not having time for emotion.
“The court calls Mrs Hugh Kelly.”
She came into court and the sight of her lifted his spirits immediately. He had not seen her since leaving Denmark and since then she had recovered fully from her illness. She was trim and neat in white muslin embroidered with tiny blue flowers and a deep blue pelisse. The small straw hat was decorated with blue flowers and her dark curls were arranged charmingly about her face. Unlike all the other witnesses she gave him a warm smile as she took the stand and gravely read the oath aloud. Paul stepped forward.
“Mrs Kelly, thank you for coming today.”
“You know very well that I insisted, Major.”
Paul had already decided that this witness should be allowed to tell her own story, her way. He had wondered if her native shyness might make it awkward for her, but Roseen Kelly had grown up in the few short months of her marriage. There was a new confidence about her and he put down his list of questions.
“I’m not going to ask about what happened, Mrs Kelly. I think you’ve been incredibly brave to agree to this. If the court agrees, I’d like you to tell your story in your own way and your own time. Then at the end, if I or the Judge-Advocate have any questions we can ask them. Are you happy with that?”
“Thank you. That will make it much easier.”
She told her story simply and directly, leaving little out and sparing herself nothing. Paul stood listening, awed by her courage as she spoke, admitting her own fault and giving generous praise to the men who had helped her along the way. She remembered little of the evening she was rescued, but her testimony was powerful, giving life to the men who had died around her and honouring their memory by telling the court what they had suffered. There was not the slightest sound. Paul took his eyes from her briefly to look up at the jury and could see more than one of them visibly moved.
When she had done, she folded her gloved hands and waited serenely. Nobody spoke for a while and then Paul stirred.
“Mrs Kelly, I don’t have any questions for you. Thank you. Whatever happens here today, I’ll never forget this.”
“I have no questions either, ma’am,” Ryder said. “Thank you for coming. I will have you escorted back…”
“May I ask a question, ma’am?”
The voice came from the bench, General Moffat. Roseen looked up at him.
“Of course, sir.”
“If Major van Daan had not boarded the Flight that night, what do you think would have happened to you?”
“I think I would be dead, sir, along with most of the other men. My fever had broken but I was very weak. There was nobody to bring us food or water and the crew - what was left of them - were very drunk. I owe him my life.”
“Thank you, ma’am.”
When she had gone, escorted by a dazzled young ensign, a messenger came forward to speak to Ryder. He nodded and then turned to the court.
“I have just been informed that Sir Home Riggs Popham is here. May I call him?”
Popham came into court, slightly flushed and full of apologies. Paul watched him as Ryder administered the oath and asked a few preliminary questions, wondering if poor Popham knew how badly he had just been upstaged by a slip of a girl in a blue pelisse.
Ryder took his witness through the events leading up to Paul’s arrival on the flagship. Paul waited. This was the testimony he had been dreading.
“Captain Popham, do you remember your conversation with Major van Daan on the Prince of Wales that day?”
“I do, sir.”
“What did the major give as his reason for his call?”
“He said that he wished to express his concern about the Flight.”
Paul listened to Popham’s testimony. The man was uneasy, with none of his usual slightly smug manner and Paul wondered if being here reminded him of his own very recent ordeal. He felt a slight sympathy for the man; he was not sure he would ever be able to attend a court martial again without a shudder.
“Thank you, Captain, that was very clear,” Ryder was saying. “Did you order Major van Daan to leave the matter in your hands?”
Popham hesitated. Then, to Paul’s complete astonishment, he said:
“I cannot remember the exact words I used, sir. I was much exercised by Major van Daan’s concerns and I wanted time to consider them and to speak to the Admiral. We had not thought the situation so serious.”
Paul looked straight ahead of him and concentrated with every fibre of his being on not reacting.
“Captain, are you saying you do not recall giving Major van Daan such an order? In your original complaint, which led to this court martial, you seemed very clear.”
Popham cleared his throat. “Yes. No. I am sorry, sir, it is a very delicate matter. Certainly it was my intention…my expectation indeed, that Major van Daan would leave the matter in navy hands. But I must be honest with you since I am under oath. I am not certain of the exact words I used.”
Ryder seemed stunned. Paul sympathised with him. He was completely bewildered. He could see members of the board whispering to each other and he understood why. Popham’s testimony was the one certainty in this case.
“It would possibly have been better if you had made that clear earlier. Under the circumstances, then, I have no further questions.” Ryder said snappily. “Major van Daan?”
Paul got up and approached Popham who was looking very unhappy. “Captain Popham - do you remember that day, saying you would make arrangements for the burial of the dead men?” he asked.
“I do, Major.”
“Do you remember telling me that you would report the matter to Admiral Gambier.”
Popham clutched at the straw. “I remember that very well. It was my intention to speak to him on his return to suggest we investigate further.”
Paul paused for a moment to let the words sink in. “Sir, I’m so sorry,” he said. “I completely missed that. I wish I’d realised that was what you meant, I’d have waited. I was worried you were too busy with the campaign and I thought if I could find out exactly what was going on, it would save you time.”
Popham met his eyes a
nd there was suddenly the slightest hint of the familiar smirk. “Major van Daan, it seems to me that neither of us were as clear that day as we could have been.”
“No, sir. It’s a lesson I’ll never forget. No further questions.”
He waited in the small anteroom, pacing the floor restlessly, partly in an effort to keep warm and partly because he could not remain still. It was difficult, after Popham’s extraordinary volte face, not to hope. But he had hoped before that this court martial would never happen and he had been bitterly disappointed.
The door opened.
“Major van Daan, the court has reached its verdict. Please return to the bar.”
Chapter Nineteen
Paul stood to attention. Now that the moment had come, his nerves had returned and he could no longer think clearly about the past two days of the trial, only of this moment, waiting for them to pronounce his fate. Ryder cleared his throat several times.
“With respect to the charge that Major Paul van Daan of the 110th infantry did, on the afternoon of 25 August of this year, illegally board the frigate HMS Flight and did wilfully imprison the crew, going about their lawful duties and did furthermore threaten the Boatswain, James Wilson, using language unbecoming an Officer. The court finds that this charge is not proven, given the testimony of Captain Hugh Kelly RN, Private Abel Parker of the Royal Marines and Private John Glover of the Royal Marines that Wilson was inebriated along with his crew when they entered the hold and that no reliance can therefore be placed on their testimony. We therefore find the defendant not guilty of this charge.”
There was a murmur in the courtroom and Paul found that he was holding himself very still, almost afraid to breathe. The words ‘not guilty’ were all he had clearly heard.
“With respect to the second charge that the said Major Paul van Daan did wilfully and illegally usurp the authority of the Royal Navy aboard HMS Flight by directing the removal of lawfully pressed seamen from the said frigate. The court finds no proof of this charge, given the testimony of the said Captain Hugh Kelly that he was present during the removal of the fever victims and that the said fever victims were removed under his direction as senior navy officer present, but with the full assistance and cooperation of the said Major Paul van Daan and his officers and men. We therefore find Major van Daan not guilty of this charge.”
Paul felt unexpectedly light-headed. He had eaten virtually nothing for three days and he supposed that the combination of lack of food and the nerve-wracking tension was making him feel dizzy. Gritting his teeth he straightened his shoulders slightly and fixed his eyes once again on the top of the Judge-Advocate’s wig. He was damned if he was going to pass out like a pregnant woman in front of the entire court.
“With respect to the third charge, that the said Major Paul van Daan did use intemperate and threatening language to a senior officer of the Royal Navy, Captain Hugh Kelly of HMS Iris, and than he did furthermore threaten to have the said Captain Hugh Kelly shot if he intervened in his removal of the sick men and did order Corporal Josiah Grogan and Private Daniel Carter to point rifles at the said Captain Kelly...”
There was a pause and the Judge-Advocate looked over his battered spectacles at Paul. “The court finds the third charge not wholly proven. While it is clear that Major van Daan was visibly upset on the afternoon in question, the court accepts the testimony of Captain Kelly, Corporal Grogan and Private Carter that the said Major van Daan was ensuring the security of a Royal Navy frigate by setting sentries while he investigated reports of sickness. We therefore find the said Major Paul van Daan not guilty of the third charge.”
Paul was vaguely aware of Hugh Kelly’s steady grey eyes on him from across the room but he did not dare move or acknowledge the concern in them. He suspected that he was beginning to look as unwell as he felt but he continued to stare straight ahead.
“With respect to the fourth and final charge, that the said Major Paul van Daan did wilfully and knowingly disrespect the authority of the Royal Navy and its officers during the whole conduct of this matter by failing to report his concern about the Flight to the proper naval authorities.”
The pause was longer this time and Paul wondered if Ryder was doing it for dramatic effect. He felt an overwhelming urge to punch the man which he saw as a healthy sign.
“The court is aware of some confusion about the order of events during the afternoon of 25 August but what is made clear through the testimony of several witnesses, is that Major van Daan visited Admiral Gambier’s flagship twice in order to report his concerns about the men aboard the Flight. It is further clear from the testimony of General Sir Arthur Wellesley that Major van Daan was under his command and had tried to visit him more than once but found him absent from his lodgings, which seems to bear witness to the fact that Major van Daan made repeated attempts to report his concerns to a higher authority.
“The somewhat surprising testimony of Captain Sir Home Riggs Popham seems to suggest the possibility of a misunderstanding between the Captain and Major van Daan about the next action to be taken with regard to the Flight.
“After careful consideration of all the evidence, the court finds Major Paul van Daan not guilty of the fourth and final charge since there is considerable evidence that he made several attempts to involve senior officers of both services before taking the decision to visit the Flight himself. The court feels that the said Major van Daan acted somewhat rashly but that once Captain Kelly arrived he handed over all direction of the operation to him as the correct person.
“The court takes into account the offence caused to senior officers of the Royal Navy by Major van Daan but takes into consideration that Major van Daan apologised both in person and in writing before his arrest ever took place and is prepared to accept in mitigation both his willingness to acknowledge his fault and his relative youth and inexperience having only recently attained his current rank. The court is therefore happy to honourably acquit him of all charges with a recommendation that he learn more moderate and temperate behaviour in the future.”
Outside it was cold, a clear blue December sky and a milling of people leaving the building. Paul stood, breathing in the cold air, allowing the various army and navy personnel to brush past him. One or two men spoke to him, uttering congratulations, and he responded as best he could, trying to fill his lungs with air and to assimilate the relief of the verdict.
“Major van Daan.”
He turned to see Sir Arthur Wellesley approaching. Paul saluted. “Sir.”
“Congratulations. A just verdict, I think.”
“I hope so, sir. Certainly it’s been educational.”
Wellesley touched his arm. “Let’s get out of this chaos. Are you here alone?”
“Yes. Jenson is waiting for me in the tavern on the corner.”
“Well I am not drinking in a tavern with your orderly, Major. Send a boy to tell him to go back to your house and join me; my carriage is waiting. We shall dine at White’s, I think...”
“No – sir, I can’t. Not just at the moment. I am sorry. Can’t face being social just now.”
Wellesley studied him. “You don’t look well,” he said abruptly. “Food usually helps with that in your case. Get in.”
Paul climbed into the unobtrusive carriage and leaned back against the comfortable padded seat with some relief. He heard Wellesley give the coachman an order but did not bother to ask where he was being taken. His chief did not speak as the carriage rumbled over the cobbles and Paul closed his eyes and thought about nothing at all for a while. It was something he seldom did, and it was a considerable relief.
When the carriage stopped, Wellesley alighted and Paul looked out. He recognised the building as Garrett’s Chop House and he shot his chief a surprised glance.
“I’m not sure this is any more your style than the Forest Arms, sir.”
“You are mistaken, however, Major. The food is very plain and very good and there is a private parlour which the proprietor makes availabl
e to some of his more well-placed guests from time to time. It is particularly useful, my brother informs me, when a member of a particular political grouping wishes to meet a member of another political grouping very discreetly.”
Paul climbed down. “I can imagine a few other uses as well,” he said and Wellesley gave him a look.
“Females are not permitted on the premises, Major.”
“If I were in a better mood I’d take you up on that challenge, sir. Generally, it is just a matter of how much.”
The dining parlour was small and dark panelled and Paul allowed his chief the ordering of the food and wine. He felt rather as though he had been taken in charge by a somewhat autocratic nursemaid but it was surprisingly comforting and he made no attempt to object. Eventually the food was served and Wellesley inspected the array of dishes and then dismissed the waiter and poured wine.
“Drink.”
“I think I’d better eat something first,” Paul said. Now that there was food before him he was ravenously hungry and he ate mostly in silence, roast beef and mutton and a selection of side dishes. His chief ate sparingly and made no attempt to try to force conversation until Paul’s plate was clear. Paul set down his fork and picked up the wine glass.
“Better?”
“Yes. Thank you, sir. This is very good of you. I didn’t speak to Jenson. And my brother is at the house, he’ll be wondering...”
“I have sent my groom to the house, Major and they will send a message to your orderly.”
“Thank you.” Paul studied Wellesley across the table. “Why do I not feel as happy as I ought to?”
“In my experience, one seldom does immediately after a battle. It will come.”
“Is that it? Am I clear?”
“The verdict will go before the King but you need have no fears on that score. Nothing you did was that bad, Major, it should never have got this far. I hoped to prevent it; I am sorry.”
“Who went after me?” Paul asked. “Not Lord Cathcart, I’d swear.”
“Admiral Gambier does not seem to have thought highly of you, Major and it was he who pushed for a court martial. Once the incident was known at Horse Guards they could hardly brush it to one side without jeopardising the good relations between the army and the navy.”
