Dick Prescott's Second Year at West Point - H. Irving Hancock (free e reader .TXT) 📗

against him that had now been made official?

That Sunday, Greg, besides paying a long visit in the hotel parlor, and seeing to the dispatch of Dick's answer to his mother, also called, under permission, at the home of Lieutenant Topham, of the tactical department. Prescott had decided to ask that officer to act as his counsel at the court-martial.

Prescott's case looked simple enough. Nor did the judge-advocate of the court-martial need much time for his preparation of the case. The judge-advocate of a court-martial is the prosecuting officer. Theoretically he is also somewhat in the way of counsel for the defence. It is the judge-advocate's duty to prosecute, it is also his duty to inquire into any particulars that may establish the innocence of the accused man.

Mr. Topham at once consented to act as Dick's counsel, and entered heartily into the case.

"But I don't mind telling you, Mr. Prescott," continued Lieutenant Topham, as he was talking the matter over with Dick in the latter's room, "that both sides of the case look to me, at present, like blank walls. It won't be enough to clear you of the charge as far as the action of the court goes. We must do everything in our power to remove the slightest taint from your name, or your position with your brother cadets will never be quite the same again."

"I know that full well, sir," Cadet Prescott replied with feeling. "Though the court-martial acquit me, if there lingers any belief among the members of the cadet corps that I was really guilty, then the taint would not only hang over me here, but all through my subsequent career in the Army. It is an actual, all-around verdict of 'not guilty, and couldn't be,' that I crave sir." "You may depend upon me, Mr. Prescott, to do all in my power for you," promised Lieutenant Topham.

CHAPTER XV ON TRIAL BY COURT-MARTIAL

Tuesday was the day for the court-martial.

In the Army there is little patience with the law's delays.

A trial must move ahead as promptly as any other detail of the soldier's life. Nothing can hinder a trial but the inability to get all the evidence ready early. In Cadet Prescott's case the evidence seemed so simple as to require no delay whatever.

The weather had been growing warmer within a short time. When Dick and Greg awoke at sound of reveille, they heard the heavy rain no sign of daylight yet.

When the battalion turned out and formed to march to breakfast a more dispiriting day could not be imagined. The rain was converting deep snow into a dismal flood.

But Dick barely noticed the weather. He was full of grit, burning with the conviction that he must have a full vindication today.

It was when he returned to barracks and the ranks were broken, that Dick discovered how many friends he had. Fully twoscore of his classmates rushed to wring his hand and to wish him the best kind of good luck that day.

Yet at 7.55 the sections marched away to mathematics, philosophy or engineering, according to the classes to which the young soldiers belonged.

Then Prescott faced a lonely hour in his room.

"The fellows were mighty good, a lot of them," thought the accused cadet, with his first real sinking feeling that morning. "Yet, if any straw of evidence, this morning, seems really to throw any definite taint upon me, not one of these same fellows would ever again consent to wipe his feet on me!"

Such is the spirit of the cadet corps. Any comrade and brother must be wholly above suspicion where his honor is concerned.

Had Dick been really guilty he would have been the meanest thing in cadet barracks.

At a little before nine o'clock Lieutenant Topham called. To Cadet Prescott it seemed grimly absurd that he must now go forth in holiday attire of cadet full-dress uniform, white lisle gloves and all—-to stand before the court of officers who were to decide whether he was morally fit to remain and associate with the other cadets. But it was the regulation that a cadet must go to court, whether as witness or accused, in full-dress uniform.

"I'm going to do my best for you today, Mr. Prescott," declared
Lieutenant Topham, as they walked through the area together.

Into the Academic Building counsel and accused stepped, and on to the great trial room in which so many cadets had met their gloomy fates.

At the long table sat, in full-dress uniform, and with their swords on, the thirteen Army officers of varying ranks who composed the court.

At one side of the room sat the cadet witnesses. These were three in number. Mr. Dunstan and Mr. Gray were there as the two men who had occupied blackboards on either side of Prescott the Friday forenoon before. Cadet Dodge was there to give testimony concerning the handkerchief episode in the area of barracks before the sections had marched off to math.

Captain Abbott, of course, was there, to testify to facts of his knowledge. Never had there been a more reluctant witness than that same Captain Abbott, but he had his plain duty to do as an Army officer detailed at the United States Military Academy.

Lieutenant Topham and Dick, on entering, had turned toward the table reserved for counsel.

For a moment, Dick Prescott had raised his face to the gallery. There he beheld Mrs. Bentley, Laura and Belle, all gazing down at him with smiling, friendly faces.

Dick could not send them a formal greeting. But he looked straight into the eyes of each in turn. His smile was steady, clear and full of courage. His look carried in it his appreciation of their loyal friendship.

Among the visitors there were also the wives of a few Army officers stationed on the post. Nearly all of these knew Prescott, and were interested in his fate.

Among the spectators up there was one heavily veiled woman whom Dick could not see from the floor as he entered the room. Nor did that woman, who had drawn back, intend that he should see her.

The president of this court-martial called it promptly to order. The members of the court were sworn, then the judge-advocate took his military oath. It was then announced that the accused cadet wished to have Lieutenant Topham represent him as counsel. To this there was no objection.

In a twinkling the judge-advocate was again on his feet, a copy of the charge and specifications in his hand.

Facing the president of the court, standing rigidly at attention, his face expressionless, his bearing every whit that of the soldier, Cadet Richard Prescott listened to the reading of the accusation of dishonor.

In an impressive tone the president of the court asked what plea the accused cadet wished to enter.

"The accused offers, to the charge and specifications, a blanket plea of 'not guilty,'" replied Lieutenant Topham.

Captain Abbott was first called and sworn. In concise, soldierly language the instructor told the events of the preceding Friday forenoon. He described the dropping of the slip of paper, and of his request that it be handed to him. "The paper," continued the witness, "contained a crude, brief outline of the demonstration which Mr. Prescott had just explained so satisfactorily that I had marked him 2.9."

"Which is within one tenth of the highest marking?" suggested the judge-advocate.

"Yes, sir."

"Had you noted anything in Mr. Prescott conduct or performance at the blackboard that indicated any uncertainty, at any time, about the problem he was demonstrating?"

"When he had gone a little way with the writing down of the demonstration," replied Captain Abbott, "Mr. Prescott hesitated for some moments, then asked permission to erase, which was given."

"Did he then go straight ahead with his work?"

"To the best of my observation and remembrance, he did, sir."

"Had Mr. Prescott been doing well previously?" asked the judge-advocate.

"Only during the last week, sir. During the last week he displayed such a new knowledge and interest in mathematics that I was prepared, on his last week's marks, to recommend that he ascend two sections in his class."

"Is it not true, Captain, that Mr. Prescott, in the last week, showed such a sudden, new proficiency as might be accounted for by the possibility that he had then begun to carry written 'cribs' to the class?

"His progress last week was such as might be accounted for by that supposition," replied the witness reluctantly.

"That is all, Captain."

Lieutenant Topham then took the witness in hand, but did not succeed in bringing out anything that would aid the cause of the accused cadet.

"Cadet Dunstan!" called the judge-advocate.

Dunstan stepped forward and was sworn. He had testified that, during the blackboard work, he had stood beside Mr. Prescott. Dunstan was positive that he had not seen any slip of paper in Prescott's hands.

"Did you look his way often, Mr. Dunstan

"Not directly, sir; I was busy with my own work."

"Yet, had Mr. Prescott had a slip of paper held slyly in either hand, do you think you would have seen it?

"I am positive that I would, sir," replied Cadet Dunstan.

Under the questioning of Lieutenant Topham, Dunstan stated that he had witnessed Prescott's loan of his handkerchief to Dodge before the sections formed to march to mathematics section room.

"In what condition, or shape, did Mr. Dodge return Mr. Prescott's handkerchief?" ask Lieutenant Topham.

"The handkerchief was crumpled up, sir."

"So that, had there been a paper folded in it, the paper very likely would not have been visible?"

"The paper most likely would not have been visible, sir."

"In what form was the handkerchief handed to Mr. Dodge by Mr.
Prescott?"

"I am almost certain, sir, that Mr. Prescott passed it holding it by one corner."

"So that, had there been any paper in it at that time, it would have fallen to the ground?"

"Yes sir."

"What did Mr. Prescott do with the handkerchief when it was returned to him."

"My recollection, sir, is that Mr. Prescott took his handkerchief without examining it, and thrust it into his blouse."

"Are you sure that he did so?"

"I cannot state it with absolute certainty, sir. It is my best recollection, sir."

Bert Dodge had sat through this testimony trying to look unconcerned. Yet around the corners of his mouth played a slight, greenish pallor. The testimony of the cadets had not been looked for to be very important. Now, however, the president of the court regretted that he had not excluded from the room all of three cadet witnesses except the one under examination.

Cadet Gray was next called. He was able to testify only that, while at the blackboard, Mr. Dunstan had stood on one side of Cadet Prescott and the present witness on the other side. Mr. Gray was strongly of the belief that, had Prescott been slyly using a written crib, he (Gray) would have noted the fact. Mr. Gray had not been a witness to the handkerchief-loaning incident before formation of sections.

"Cadet Dodge!"

Dodge rose and came forward with a distinct swagger. He was plainly conscious of the cadet corporal's chevrons on his sleeve, and plainly regarded himself as a superior type of cadet. He was sworn and questioned about the handkerchief-borrowing incident.

He admitted the borrowing of the handkerchief to wipe a smear of dirt from the back of his hand. As to the condition of the handkerchief at the time of its return, Mr. Dodge stated his present belief that the handkerchief was very loosely rolled up.

Then Lieutenant Topham took the witness over.

"Would the handkerchief, when you handed it back, have held this slip of paper?" questioned Mr. Topham, holding up the slip that had brought about all of Prescott's present trouble.

"It might have, sir, had the paper been crumpled as well."

"Did you hand the handkerchief back with a paper inside of it?"

"Not according to any knowledge of mine, sir."

"Was there a paper in the handkerchief, Mr. Dodge, when Mr. Prescott passed his handkerchief to you?"

"To the best of my belief, sir, there was not."

"Now, pay particular heed, if you please Mr. Dodge," requested Lieutenant Topham, fixing his gaze keenly on the witness. Dodge tried not to look apprehensive. "Did you have any paper in your hand while you had Mr. Prescott's handkerchief in