CHAPTER XV
BEFORE THE SUMMARY COURT
Dan was released from the sick bay late on the following afternoon. Inthe evening of the same day Black and White were removed to the brig,and a marine sentry placed in front of their cells to see that theywere properly looked after.
Dan wondered what would be done in their case. Being unfamiliar withforms on shipboard, he did not understand that punishments are notinflicted hastily.
On the morning of the second day, after quarters, there was a stirbelow decks. Dan had rejoined the crew of the seven-inch gun when hewas informed by the captain's orderly that his presence would berequired in the captain's quarters promptly at ten o'clock.
"I wish I were you to-day," whispered Sam.
"Why?"
"'Cause there's going to be a court-martial--a summary court-martial!"
"What for?"
"They're going to try Black and White. How I'd like to help soak thoseheathens."
A few minutes before the hour named, Dan went below. He found thecorridor of the captain's office thronged with shipmates. In front ofthe door stood a marine sentry.
"Am I to go in?" he asked.
"Are you a witness?"
"Yes."
"I guess you may enter, then."
Dan did so. At one side of the room he espied Black and White, incharge of the master-at-arms; and the midshipman who had been officerof the deck the night the men escaped, together with two coxswains.
Dan walked to the opposite side of the room, where he leaned against abulkhead.
The captain's dining-room table had been cleared and stood in thecenter of the room, four chairs having been placed around it.Presently three commissioned officers filed in, the executive officerof the ship taking his place at the head of the table as president ofthe court. It was his duty to swear in the judge advocate, who, inthis instance, was a lieutenant. Following this the judge advocateswore in the others of the court and then proceeded to read thespecifications, which were as follows:
"'That on the 25th of August, 19--, while the United States battleship"Long Island" lay at anchor inside the Delaware Breakwater, aftertattoo, when all hands had turned in for the night, save those onregular duty, among them being Ordinary Seaman Charlie Vavitao andOrdinary Seaman William Takaroa, the said men did secretly leave theirbillets and without permission take to one of the ship's dinghies, inwhich they rowed away from the ship with intent to desert. Secondly,it is charged that the said men did make a felonious assault on SeamanDaniel Davis while he was carrying out the orders of his superiorofficer, resulting in the seaman's disability, from which he has notyet wholly recovered.' How do you plead!"
The prisoners pleaded "not guilty." All witnesses were then excludedfrom the room. Midshipman Carter, who had been the officer of the deckon the night in question, was called to testify. He was questioned bythe judge advocate, who acted as the prosecutor and the attorney forthe defence at the same time.
The midshipman related briefly all that had come under his observation.He had but little information that was of value to the court, and he sotold the court.
"Seaman Davis, then, is the witness who knows the whole story?"questioned the judge advocate.
"Yes, sir."
"Call Seaman Daniel Davis to the witness chair."
Dan was summoned by the sentry. The boy's face was still bandaged; hisface was pale and there was a livid mark across the right cheek wherean oar blade had struck him.
Dan gave his name, age and date of enlistment, together with hisstation on shipboard.
"You were on the anchor watch on the evening of the twenty-fifth ofAugust, were you not?"
"Yes, sir."
"State what occurred."
The witness related briefly the incidents leading up to the escape ofthe two ordinary seamen.
"You discovered them going over the side of the ship, did you not?"
"Yes sir."
"Did you try to stop them?"
"I did."
"On whose orders?"
"On the orders of the officer of the deck, sir."
"Midshipman Carter?"
"Yes, sir."
"State what occurred."
"I followed them, and after a time succeeded in overhauling the dinghyin which they were rowing away. I ordered them to surrender when Idrew alongside. Black attempted to strike me with the boat hook, but Igot it away from him. Black later hit me with an oar, at about thetime I rammed them with the starboard dinghy."
"Well, what else?"
"Not much, sir. We mixed it up a little. I got Black, but I had ahard time with White. He almost got the better of me. I am not quitesure that he did not do so wholly."
Dan had related his story in a simple, straight-forward manner, withoutthe slightest trace of bravado. He really had done a plucky thing inattempting to capture the two men in a frail boat out on the rollingwaters, but he did not seem to think he had accomplished anything veryremarkable.
"Did either man attempt to do more than defend himself?"
"Well, it seemed so to me, sir," answered the Battleship Boy, with afaint smile.
"Use a knife or anything of that sort?"
"Black appeared to be seeking to get at his knife. Of course I couldnot say for sure, sir."
"Did either man say anything?"
"Not that I can recall now, sir, except that they refused to surrenderto me."
"You did not hear them say anything that would lead you to believe thatthey were deserting?"
"Oh, no, sir."
"You can think of nothing else that will aid us in getting at the factsin this case?"
"No, sir. I have told you all I know about it."
"Very good; that will be all."
Black, who was believed to be the leader in the escape, was called upand given permission to relate his side of the story. He assured thecourt that neither he nor White had had the least intention ofdeserting. They had been on board for a long time. They said they hada friend not far from where the ship was lying, and they thought theycould get away to go to see him and be back before morning.
Asked the name of the friend, they gave it without the least hesitation.
White also told a straightforward story.
"If you were not deserting, why did you make such a murderous assaulton Seaman Davis?" demanded the judge advocate sharply.
"We get excited," answered White. "We want to get away then."
"And had you gotten away, at that time, you would not have returned tothe ship, eh?"
"No, no; we come back," insisted the Hawaiian.
"Have these men ever been up on charges before?" asked the judgeadvocate.
"No, sir," replied the clerk of the court. "There are no marks againstthem. Their records are good, so far as the papers show."
"Then we will close the case here."
The court was cleared for deliberation. They found the accused menguilty of absenting themselves from the ship without leave, and also onthe second count accusing them of felonious assault on Seaman DanielDavis.
The court decided that the charge of desertion had not been fullyestablished, and this alone saved the men from a long term ofimprisonment. Perhaps they were swayed in their verdict by the factthat the government was making a strong effort in every way to win theregard of the Hawaiian Islanders. To have carried out the punishmentin its extreme form might, it was thought, have served only to embitterthe Hawaiian people. The punishment was severe enough as it was. Therecommendations of the court were that Black and White be locked up inthe brig for thirty days, with rations of bread and water, with a fullration every third day.
This peculiar sentence was on account of the regulation that forbids aprisoner on shipboard from being kept on bread and water for more thanfive consecutive days. By giving a full ration once in every five daysthe men can be kept under punishment for three months. The court alsodecided that both men should suffer a loss of two months' pay.
/> The commanding officer approved the findings of the court, afterreading them over, and duly affixed his signature.
The prisoners did not know as yet what their punishment was to be.This was made known to them at muster that evening, when all hands werepiped to quarters, the charges and findings being read before theship's company.
"Men," said the captain after the executive officer had read theverdict of the court, "I am of the opinion that both of you should bedismissed from the service. The evidence, however, did not fullywarrant the court in finding for that. It appears to be your firstoffence, but remember, this is your first enlistment also, which givesme the right to discharge you dishonorably from the service. I shalldo so upon the next serious breach of discipline hereafter. You mayconsider that you have had a very lucky escape from long imprisonmentand from dismissal as well."
"And, as for Seaman Davis, I desire to commend him thus publicly forhis pluck, his faithful obedience of orders and the masterful way inwhich he has carried out his orders. Such men are a credit to theUnited States Navy. They make one forget that, now and then, we havesome of the other sort among us. Davis, you will be mentioned in mycommunication to the department."