Lieutenant Brown
: We have heard the final summing-up from the Prosecuting Officer. I now hand over to the Defending Officer.
Captain Endicott
: Honoured presidium. In my capacity as the Defending Officer of Velder, I consider it my duty to request a lenient sentence.
Colonel Orbal
: What? Is that all?
Captain Endicott
: Yes, sir.
Major von Peters
: Bravo, Endicott. That was the best thing you’ve done during this whole session.
Colonel Orbal
: Uhuh, then that would be all for today.
Tadeusz Haller
: For technical reasons, I find it appropriate that the session is adjourned until next Tuesday. Then the work of the Joint Commission will be completed, which gives this court martial the opportunity of pronouncing judgement and then closing the case.
Colonel Orbal
: Oh, yes. That gives us a long weekend, too. The session is adjourned until Tuesday the twentieth of April at eleven o’clock.
Lieutenant Brown
: Those present: Colonel Mateo Orbal, Army, also Chairman of the Presidium of this Extra-ordinary Court Martial; Major Carl von Peters, Army, and Commander Arnold Kampenmann, Navy. The officer presenting the case is Lieutenant Arie Brown, Air Force. Colonel Nicola Pigafetta has reported that he will be a few minutes late and Justice Tadeusz Haller is on his way here from the Ministry of Justice. The accused has been told to wait in the hall with Roger … I beg your pardon, Captain Roger Endicott, Air Force, and Captain Wilfred Schmidt, Navy.
Major von Peters
: Pigafetta must be pretty long in the face today. It’s been widely rumoured that Bloch’s appointment is fixed and down on paper.
Colonel Orbal
: Yes, I heard that too. Doesn’t make much difference. Numbskull or numbskull.
Major von Peters
: It must make a difference to Pigafetta. Here’s Haller, anyhow.
Colonel Orbal
: What’s that colossal tome?
Tadeusz Haller
: The fruits of the labours of this extra-ordinary court martial, gentlemen. Verdicts and sentences in the case against Velder.
Colonel Orbal
: For God’s sake, you’re not going to make us read all that, are you?
Major von Peters
: Or have Brown read it out? I won’t agree to that.
Tadeusz Haller
: Oh, that probably won’t be necessary. Here is a stencilled summary of the actual judgements. It should suffice as a basis for discussion at the internal deliberations. Would you please hand these round, Lieutenant Brown.
Major von Peters
: Ah, look, here’s Pigafetta. Good morning, Commander-in-Chief of the Air Force. How are you today?
Colonel Pigafetta
: Excellent, thank you. I apologise for the delay.
Tadeusz Haller
: Is everyone here? Then perhaps we can take a look at this for a few minutes. Before the private deliberations begin, I must return to the chancery.
Colonel Pigafetta
: I didn’t see Lieutenant Bratianu in the hall. Isn’t he going to be present when judgement is pronounced?
Major von Peters
: No, we’ll have to make do with Schmidt. Bratianu has had a posting.
Colonel Pigafetta
: Where to?
Major von Peters
: I don’t know. Why are you so interested in Bratianu all of a sudden?
Colonel Pigafetta
: Oh, no special reason. I just wondered.
Colonel Orbal
: This looks good. Nicely and neatly set out.
Tadeusz Haller
: Well, as you can see from the summary you have before you, the Joint Commission from the Ministry of Justice and the Judicial Department of the General Staff recommend the following: first are ten different crimes, namely high treason, desertion, cowardice in face of the enemy, participation in rebellion, murder, accessory to murder, terrorism, sabotage, mass murder and subversive activities. For these Velder is sentenced, according to military law, in each case to execution by firing-squad, with no right of appeal elsewhere. For four of these crimes, which may become subject to civilian court proceedings as well, he is sentenced to death by hanging, with the right to appeal to the High Court. In that event, the judgement is confirmed even where he has the opportunity of appealing for mercy from the Chief of State.
Colonel Orbal
: I’m afraid I’m not really with you yet.
Tadeusz Haller
: That doesn’t really matter. Let us continue.
Colonel Orbal
: Not so much hurry. If he’s first shot and then hanged, how the hell can he then …
Colonel Pigafetta
: We can talk about that later, Orbal.
Colonel Orbal
: What a scramble!
Tadeusz Haller
: Thirty-four crimes ranged under twelve different headings are referred to in the category of disciplinary offences and may be subject to court martial proceedings. Here terms of imprisonment of varying lengths are recommended. The shortest is
fourteen days for indiscretion on duty and the longest five years for dereliction of duty. You will see the detailed summary on page two.
Colonel Pigafetta
: Yes, that’s fine.
Tadeusz Haller
: Then we have thirty-two more crimes gathered under ten different headings, which may be subject to both military and civil judgement. These concern, for instance, fornication, drunkenness, theft, carelessness and abuse of rank. Imprisonment is also recommended here, imprisonment in military or civil prison, i.e. hard labour. The length of sentence in the different cases varies from one week to six months. Right?
Colonel Pigafetta
: Yes, go on.
Tadeusz Haller
: In the next group, ten specified crimes of the blasphemy and atheism type should also incur imprisonment, the Commission thinks. The shortest sentence is a month’s imprisonment for blasphemy and the longest three years for spreading heresy. The corresponding sentences apply to military administration of law, though here too the court martial shall sentence to imprisonment instead of hard labour. Generally, of course, criminals sentenced to longer terms of imprisonment are handed over to civil authorities, at which military imprisonment is changed to civil.
Colonel Pigafetta
: We understand.
Colonel Orbal
: Do we?
Tadeusz Haller
: Further, it is suggested that Velder is sentenced to life imprisonment for illegal intelligence activities, ten years for bigamy, and ten years for Communism, and eight years for furthering the flight from the country of enemies of the people. Shorter sentences are recommended for a number of other charges, for instance, three months for criminal promiscuity and fourteen days for incitement. As you will see on page three, sexual offences are set up in a number of different special cases. There, three months is meted out for oral intercourse, four months for fornication in a public place and so on.
Major von Peters
: Why do you keep looking at your watch, Pigafetta?
Colonel Orbal
: Perhaps it’s stopped.
Tadeusz Haller
: To summarise, it can be said that Velder has been found guilty of one hundred and twenty-seven of the prosecution’s one hundred and twenty-eight charges. The case was extended
by one charge during the session, by Lieutenant Bratianu. On one charge, he has been found not guilty. That is charge number one hundred and two, that of rape. The case for the prosecution here has not been approved and has been struck from the record.
Commander Kampenmann
: Why?
Tadeusz Haller
: Velder was at that particular moment still a corporal in the National Freedom Army and the person he is said to have raped belonged to the revolutionary guerilla forces. Field service conditions prevailed, and a soldier cannot possibly be blamed for taking similar measures, especially when the same action at a later stage of the disturbances is in fact recommended as a military means of correction of Communist guerilla members of the female sex. Yes, that’s what it says.
Colonel Orbal
: My God, how confusing it all seems.
Tadeusz Haller
: Not at all. Naturally, I suggest that the presidium follows the recommendations of the Joint Commission. The statement can be put like this:
This extra-ordinary court martial hereby sentences Corporal Erwin Velder to death. Further, the same Velder forfeits his rank and his national citizenship. He is dismissed from the armed forces and forfeits his right to decorations.
Sentence: The accused has been found guilty of the crimes he has been accused of, except charge number one hundred and two, concerning rape. The sentence will be carried out within twenty-four hours by firing squad, without military honours. Here is the draft.
Colonel Orbal
: Uhuh. That’s good.
Tadeusz Haller
: Unfortunately I must return at once to the Ministry. Good-day, gentlemen.
Colonel Orbal
: He was in a hell of a hurry.
Lieutenant Brown
: Can the internal part of the proceedings now be considered concluded?
Major von Peters
: Yes, there’s nothing much to discuss. You can call in …
Commander Kampenmann
: One moment. I consider that a good deal can and should be discussed. I consider all this doubtful, the whole proceedings, and not least the sentences that have been suggested. We mustn’t forget that in matters of verdicts and sentences this concerns recommendations which we are quite within our rights
to change or reject. Anyhow it is our duty to study the material with the greatest care.
Colonel Orbal
: But, my dear Kampenmann …
Commander Kampenmann
: A number of points are, in my view, utterly absurd. Look at this, for instance. Velder is sentenced to imprisonment because he has had intimate relations with his own wife, but is found not guilty when he knocks a woman unconscious and rapes her. A number of offences should fall under statute of limitation. I’m not at all certain that Velder should be executed at all. At this stage, the man is an invalid and practically a mental case. And also his defence has been appallingly carried out. That summing-up yesterday was scandalous and …
Colonel Pigafetta
: Captain Endicott dealt with it strictly according to his instructions.
Commander Kampenmann
: Under any circumstances, I wish to have time to …
Major von Peters
: Put a stop to this now, Mateo.
Colonel Orbal
: One moment, Kampenmann, don’t overdo it now. Let’s vote on the matter. Personally I’m inclined to accept these recommendations without any more talk, to confirm the sentences, or whatever it’s called. What do you say, Carl?
Major von Peters
: Yes, naturally.
Colonel Orbal
: And you, Pigafetta?
Colonel Pigafetta
: As the Chairman of the Presidium has the casting vote in the event of equal numbers, it doesn’t really matter what I say. I abstain.
Colonel Orbal
: And Kampenmann reserves judgement?
Commander Kampenmann
: Yes, unquestionably. And …
Major von Peters
: That makes two votes to one and one abstention. The matter’s clear.
Commander Kampenmann
: I demand that my reservation is put on record.
Colonel Orbal
: That can probably be done. What’s all that noise, anyhow? What kind of idiot is it ringing in the middle of a session?
Colonel Pigafetta
: One moment, it’s probably for me … Yes, this is Colonel Pigafetta … yes … I see … excellent, Niblack … I’m sorry, gentlemen, it was an urgent matter.
Major von Peters
: Huh.
Lieutenant Brown
: Is the extra-ordinary court martial prepared to proceed to the open section of the session?
Colonel Orbal
: Oh, yes. Call in the parties.
Lieutenant Brown
: Will the parties please take their places.
Colonel Orbal
: Dreadfully close and awful day. It’s thundering too.
Major von Peters
: Is that meant to be the general public? What the hell do your men mean by blundering in in that way, Pigafetta, with their arms, too?
Colonel Pigafetta
: That isn’t thunder you can hear, Orbal. That’s the Air Force bombing the Chief of State’s palace. Three minutes early, incidentally.
Colonel Orbal
: What? What?
Major von Peters
: What the hell’s going on, anyhow? Has General Winckelman …
Colonel Pigafetta
: General Winckelman was arrested ten minutes ago. The government buildings are surrounded and all Army units have orders to stay in their positions.
Colonel Orbal
: Have you gone out of your mind, Pigafetta? Take this madman pointing that thing at me away.
Colonel Pigafetta
: Until further notice, you are under arrest, gentlemen. Endicott, take care of Colonel Orbal and Major von Peters. Brown, get the rest of the guard to clear the place. That’s it. Kampenmann and Schmidt, would you mind staying in your places. Answer the ’phone, Brown.
Lieutenant Brown
: Yes, sir. This is Lieutenant Brown … yes … the colonel is here … one moment …
Colonel Pigafetta
: Oh, yes. Really … excellent … I’ll be there in about fifteen minutes.
Commander Kampenmann
: What really has happened?
Colonel Pigafetta
: General Oswald is in all probability dead. That was Justice Haller on the ’phone. He sent his regards, by the way.
Commander Kampenmann
: Then you and Haller …
Colonel Pigafetta
: Yes. We must have order in the country. Justice Haller has taken over the post as Prime Minister. He’s forming a government this afternoon.
Commander Kampenmann
: And the new Chief of State is called General Pigafetta then?
Colonel Pigafetta
: I am not vain. For you two, the situation at the moment is just a trifle sensitive, if I may put it that way. Negotiations are now in progress with the Commander-in-Chief of the Navy, who is at the chancery. Presumably they will come to some agreement. As you will understand, I have no wish to sink the only frigates and minesweepers we possess. But until agreement with the admiral is clear, I must ask you to stay here in this room.