by Pirate Irwin
“Yes, I have, and I resent the implication of what you are saying. I may sound callous about the two plots, and the people involved, but history will judge them so. I would say that once I was involved, I never let anything else get in the way of my doing my utmost that both plans should succeed. It was not my fault that my suspicions over Johns were not accepted and regarding the July 20 plot I entered it too late to be much more use than another active young officer on the night of the coup, though if they had allowed me to shoot Fromm it might have saved some of them,” he replied, sombrely staring straight past Steiner with a mournful look. He was heartened as he looked over his adversary to see that several of the spectators were dabbing their eyes with their handkerchiefs, while a quick glance at the jury showed that some were looking down at their shoes, an indication to him at least that he was not on his own.
Steiner frowned, frustrated at the measured response from his adversary.
“Yes, I am sure the shooting of some mediocre General would have changed the course of that evening’s events,” he observed sarcastically.
Sebastian bristled and decided he wouldn’t be allowed to get away with that tart aside. “As you have never been within spitting distance of a British General, let alone a German one, I would suggest you are not qualified to make such a judgement, even on a man such as Fromm,” he commented acidly.
Before Steiner could reply, Mainwaring stepped in. “Boys, boys, let it go. Puerile debate is not permitted in my courtroom. Mr Steiner please proceed,” he said sternly, leading both to apologize, but the judge was starting to get concerned at the personal nature of the barbs and he swore he would seriously reprimand the next one of them who stepped out of line. He was, he had to admit, surprised at the emotion being shown by Steiner, as he had always thought of him as a cool and calculating advocate but in this case he was in serious danger of losing his temper and potentially the case, no matter if Sebastian was guilty or not. Making it too personal would cast the defendant in a better light, and besides, to Mainwaring’s mind, if it came down to choosing between the two as to who conveyed the better character, it would be Sebastian, whose charm outshone that of Steiner’s, but it was not for him as to advise the prickly lawyer how best to conduct his trial.
“Let us return to your decision to save your life and join up with the Germans. Did you not realize that you were effectively turning your back on your country for ever and in the process committing a traitorous act?”
“Yes, of course I did, but I did not see it entirely in those terms,” replied Sebastian evenly.
“Really? And under what exact terms did you view your switching sides?”
“I saw it as fighting for the strongest side against the real evil: Bolshevism, and furthermore, I received assurances that I would never fight against the Western Allies, which I believe means that I was not committing treason as you put it.”
“How neat! Tell me, Mr Stuart, whose side were the Soviets fighting on by this stage of the war?”
“The Allies.”
“Quite. So I would put it to you that you are in a desperate attempt to save yourself from the noose, splitting hairs when you say you never fired a shot in anger against the Allies. I would suggest to you that by firing one bullet at a Soviet soldier you were committing an act of treason equal to those, who broadcast against us and the others fighting for the freedom of the democratic world.”
“Ah, so the Soviet Union is a democracy,” grinned Sebastian, glorying in Steiner’s unfortunate slip-up. “No, of course in an ideal world I would fight for democracy but when I was offered the chance I saw the pervasive evil of Communism and I thought rather than hanging around some blasted POW camp for the remainder of the war until God knows who won – and that was if I was still alive, for Johns made it abundantly clear my name would be leaked out as the grass – I would carry on my war. Never did it enter my mind I would be facing our troops and if that had been the case, I would have taken alternative measures to ensure I did not,” he said firmly.
“And what would those have been?”
“I would have refused to fight, or I would have taken my own life. Either course of action would have been preferable. Fortunately that dilemma never arose.”
“Yes indeed, because judging on your record I doubt you would have found the courage to do either,” chided Steiner, which prompted Mainwaring to intervene again, this time bringing to bear all his authority as judge.
“Mr Steiner, I have warned you before about bringing your personal prejudices into my court and this time I am giving you a final warning before I take a more serious measure against you. For the moment, I will confine myself to advising the jury to ignore the previous statement by counsel. I would also suggest, if you want, that we take a recess while you think over the wisdom of your comportment,” he said gently.
“No, it’s all right your honour. I have not much more to put to the defendant,” replied a suitably chastened Steiner, though he was seething inside at being upbraided like a novice barrister.
“This revulsion of Communism or Bolshevism as you prefer to refer to it, is this the reason that you declined the request of Cartwright to furnish him with the information he wanted?”
“What do you think?” asked Sebastian incredulously.
“That is not what is important to the court. I would much rather hear your response and please cut out the sarcasm,” hissed Steiner.
“It wasn’t solely because of that, but also the damage that has already been inflicted on this country by Burgess and MacLean not to say by others that have yet to be publicly unmasked makes one shudder. I would not sell out my country even for an unimaginable sum of money, as I believe in Great Britain and all it stands for in the modern world,” Sebastian replied forcibly.
“So it is fine to switch loyalties during the war, but out of the question now that we are at peace?”
“Why should each situation be different? Whether it is war or peace, you always have enemies and, in case it had passed you by, the Soviets are now our enemies and the Germans are our allies. It shows you how fluid relations in the world are and how quickly things can change.”
“Thank you for the geopolitical lesson, Stuart. However, haven’t you just admitted you are guilty by saying both situations are similar, thus taking away the justification for you donning German uniform in the war, because if you found it so distasteful this time why didn’t you the first occasion?”
“Listen, I changed sides because I was given a life and death choice and in cowardly fashion I chose the former. This time around, you could say I have chosen the latter, for I knew not to help Cartwright would leave me open to being exposed. But I am satisfied I made the right decision and perhaps earn some redemption in that I have come to acknowledge my error the first time round. But that I will leave up to you, honourable members of the jury,” Sebastian replied staring at the jury box.
“You will kindly address the court and not impose yourself on the jury. One final question: do you Sebastian Stuart, or Rupert Murat, consider yourself as a traitor? I would just like a simple yes or no,” asked Steiner firmly.
“No.”
*
“I’m worried, Prime Minister,” opined Kilmuir, whose words were supported by his creased brow and slightly shaking hands.
Macmillan nodded, for he too was increasingly concerned at the direction the case was taking and that Steiner appeared incapable of closing it out which would leave the Government dangerously exposed at having such a loose cannon as Sebastian wandering the streets and as a constant reminder of the corruption that lurked at the heart of government.
“Yes, he did rather too well didn’t he, in the witness box,” murmured Mac.
“Too damn well and he was aided by that buffoon Mainwaring,” chimed in Douglas-Home, who saw his chances of taking the leadership should something befall Macmillan ebbing away and the dark hand of Butler seizing it instead.
“It is not Mainwaring’s fault if Steiner a
llows himself to be goaded into making personal attacks. I really thought he was more mature than that,” interjected Kilmuir, who regretted that it had been him who had nominated Steiner as a safe pair of hands for the case and was under no illusions that it would be his head that went on the block should Sebastian emerge victorious.
Douglas-Home was baffled at the thought that Sebastian could get off, given his open admission of siding with the enemy. “It beggars belief that a man who has confessed to having worn one of the most repugnant regimes of all time’s uniform, when we were at war with them, could possibly still be entertaining ideas of winning a case such as this. I really don’t know where Steiner gained his brilliant reputation from but judging on this example I think it must have been hugely overblown,” said an exasperated Douglas-Home, making the Lord Chancellor’s hands shake that much more as he saw his very own trap door open wide in front of him.
Macmillan turned from the fireplace in the Cabinet Room and ambled back to his chair.
“I don’t suppose there is anything we can do to switch things back in our favour,” he mumbled.
“Nothing, Prime Minister. In any case, I am not in favour of that option because I don’t think the race is run yet. It is hard to discern the jury’s feelings but they still have the admission from Stuart that he willingly changed sides in the war. Most of them are of veteran age, some indeed may well have been among those that liberated the camps and will have those images burning in their minds. I don’t think that will do Stuart any favours. In any case, some may be Communists and dislike intensely his behaviour on the Eastern Front and his railings against their ideology. It is far from over,” added Kilmuir reassuringly.
“Perish the thought that because of a handful of Communists on the jury we secure the conviction we require,” commented Macmillan drily.
“Quite,” agreed Douglas-Home.
“Well, desperate times require desperate measures and quite honestly if the Devil himself were to give us an offer, for something in return, I would take it,” said the Law Officer.
“So we have to trust instead in not the Devil but Steiner and a final damning closing statement?” asked Macmillan wearily.
“I am afraid that is the situation, and don’t forget, Stuart will have his opportunity as well, which may well make up the jury’s mind, so even is it at the moment.”
“At least I can take pride in the talent I saw in Stuart at such an early stage. He really has shown how remarkably cool and eloquent he is. It’s just such a pity he isn’t doing that on the front bench, but instead in a courtroom where he is on trial for treason,” laughed Macmillan mirthlessly.
Douglas-Home was no fool and he decided he would voice his own fears about Steiner, which, while he thought they might reveal a slight neurosis about the unfortunate lawyer, he wanted to lay bare anyway.
“I would like to know more about Steiner’s relationship with Stuart, because there is something there that is far too personal and bitter than just a lawyer taking on somebody he takes an instant dislike to. I find it bizarre that Stuart has drawn his ire so often, particularly as he once saved his life. It appears a very strange way to react and I think their relationship goes deeper than we know and which Steiner has kept from us.”
“Everyone can have a bad case, even Marshal-Hall did, Alec,” said the Lord Chancellor.
“Yes, but even so, there is something which does not seem right and I would appreciate it if you could organize some form of discreet investigation into that. Don’t you agree, Harold?” to which Macmillan nodded his assent.
Kilmuir agreed to set in motion just such an investigation and realized that a successful uncovering of some dark facts behind their relationship might just provide the get-out the Government required.
“We could always use this information if it is out there to turn the spotlight on Steiner afterwards and deflect it away from us and keep the dogs at bay for a little while anyway,” he said, providing both his companions with the first piece of good news they had had for a long time.
CHAPTER TWENTY-THREE
Sebastian had prepared his final statement over the weekend and had kept it short, as he thought his defence to Steiner’s questions had almost been sufficient to persuade the jury that he was guilty of foolish youthful judgement but little else and his subsequent role in the war had been eccentric but creditable in trying to bring down the regime. However, he knew he still had to put up a convincing performance.
“I stand here before you members of the jury, a chastened man,” he said with a suitably contrite look.
“What I did must be very hard to come to terms with from where you are sitting. And were I to be presented with a similar choice now, over 10 years on, with that much more maturity I may well have chosen to go down some other route. But the simple fact is at the time I took the option that I would rather live, and I took on the fight against an equally despotic regime, whose crimes are only now starting to come to light and who, as is the case with history, are now our enemies – I never had the intention of opposing the land of my birth and I won that concession from my captors.
“Yes, I served an evil government. One that perpetrated the most appalling crimes that are even now too grotesque to believe anyone was capable of carrying them out. I would add that the testimony given here has, even from the prosecution witnesses, however, unwillingly, borne testament to the fact I was an active member of the resistance to Hitler and did my utmost to bring it down and end the war earlier.
“I would say I saw and did things that I am not proud of, but I would not call myself a traitor. I did what any young man in my position would have done and does it really matter what nationality you are and whose uniform you bear – the people of Dresden would mutter that the deliberate bombing of their city simply to demoralize them and with no military advantage to be gained was a war crime but not punishable because it was victor’s justice.
“Did that end the war early? No, I think not. It only stiffened the remarkable resistance of the German people, whereas I would contend that if we conspirators – ‘we happy few’, as Henry V would say – had been aided by the Western allies and succeeded, we would have brought the war to an earlier end.
“History is littered with those who had to take uncomfortable moral decisions, take the Red Indians, some of whom donned the uniform of the enemy, the US Army, and fought their own on the Rosebud and indeed, irony of ironies, probably saved General Crook’s army from a fate that Custer was to suffer days later. How did they feel, and how were they viewed by their fellow Red Indians – probably not too good, I would imagine. Yet they decided for better or for worse that to survive they would take up arms against their own, and were they judged guilty of that and hanged for treason? No.
“I admit that two of my historical heroes aren’t of the first rank, but certainly not chosen because of their moral choices that might bear resemblance to me.
“Harry Harbord Morant is one of the few Englishman who doesn’t provoke a feeling of disgust in Australians. He, too, was presented with a moral choice but one that the authorities believed if carried out could bring the Boer War to an early end. Instead of sending prisoners of war to the concentration camps – yes, members of the court and jury – that odious term was used back then and we, the so-called civilizing colonial power, invented the very name for those camps, which the Nazis took and turned into a killing machine that almost wiped out a whole civilization. No, he, a humane and excellent officer, was told it would be far better to shoot prisoners rather than use up time and personnel in sending them back. He did this and what happened – why British justice was meted out as he and a fellow officer were executed for carrying out the orders. Ironically, it was not the British policy of shooting the prisoners which helped end the war, but their sacrifice that hastened it! Similarly Claus von Stauffenberg, not Montgomery or any of the other generals on our side, is my moral guider from the Second World War . . .” There Sebastian had to stop as the noise from
the spectators’ gallery became so vociferous with a mix of boos and hisses, while looking quickly at the jury he realized he may have made a dreadful error of judgement.
Gathering himself together and trying to make light of the interruption he pressed on with as even a tone as possible.
“Well, may you disagree with me and declare that I, the defendant, have not learnt anything, but von Stauffenberg was a man who took a choice and confronted his legally elected government with force. He could have carried on under the well-used excuse of only following orders and ignored what was going on around him, but he refused, as did many others, too many to list here. Was he a traitor? In a way, yes, he was, because he was conspiring to bring down the government, which for all its depravity had been democratically elected, no matter that for millions he was doing the right thing, but that does not necessarily mean it is right. However, I see in his decision similarities to my choice – driven to taking extreme measures. But in my mind I was taking on a culture and a regime that was equally as baleful as the one that the Nazis represented and one that, let us not forget, was a partner of the Germans at the outset of the war and gladly lapped up part of Poland when it was offered to them on a plate by the Nazis.
“Our allies? Never really, would they have joined in if they hadn’t been attacked by Hitler?” Here Sebastian paused to laugh harshly. “I don’t think so. They were quite glad to stand idly by while the rest of Europe burned. Why should any of us feel sorry for what happened to them once they were attacked? The evidence of their real ambitions are clear throughout Eastern Europe today – Nazi-style domination with a velvet glove. I feel proud that I took up arms against them, not for whom I served, but again, what is the difference between what I did and those volunteers who went off and fought in the Spanish Civil War for whichever side whose ideology they believed in. Lest you forget, a certain General George Patton was mustard keen to get the fight on with the Soviets only for the pragmatic Eisenhower to rebut him . . . how different things would be today if he had been given the green light.
