"Call Seaman Daniel Davis to the witness chair."
Dan was summoned by the sentry. The boy"s face was still bandaged; his face was pale and there was a livid mark across the right cheek where an oar blade had struck him.
Dan gave his name, age and date of enlistment, together with his station on shipboard.
"You were on the anchor watch on the evening of the twenty-fifth of August, were you not?"
"Yes, sir."
"State what occurred."
The witness related briefly the incidents leading up to the escape of the 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 dinghy in which they were rowing away. I ordered them to surrender when I drew alongside. Black attempted to strike me with the boat hook, but I got it away from him. Black later hit me with an oar, at about the time 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 a hard time with White. He almost got the better of me. I am not quite sure that he did not do so wholly."
Dan had related his story in a simple, straight-forward manner, without the slightest trace of bravado. He really had done a plucky thing in attempting to capture the two men in a frail boat out on the rolling waters, but he did not seem to think he had accomplished anything very remarkable.
"Did either man attempt to do more than defend himself?"
"Well, it seemed so to me, sir," answered the Battleship Boy, with a faint smile.
"Use a knife or anything of that sort?"
"Black appeared to be seeking to get at his knife. Of course I could not say for sure, sir."
"Did either man say anything?"
"Not that I can recall now, sir, except that they refused to surrender to me."
"You did not hear them say anything that would lead you to believe that they were deserting?"
"Oh, no, sir."
"You can think of nothing else that will aid us in getting at the facts in 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 up and given permission to relate his side of the story. He a.s.sured the court that neither he nor White had had the least intention of deserting. They had been on board for a long time. They said they had a friend not far from where the ship was lying, and they thought they could 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 a.s.sault on 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 to the ship, eh?"
"No, no; we come back," insisted the Hawaiian.
"Have these men ever been up on charges before?" asked the judge advocate.
"No, sir," replied the clerk of the court. "There are no marks against them. 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 men guilty of absenting themselves from the ship without leave, and also on the second count accusing them of felonious a.s.sault on Seaman Daniel Davis.
The court decided that the charge of desertion had not been fully established, and this alone saved the men from a long term of imprisonment. Perhaps they were swayed in their verdict by the fact that the government was making a strong effort in every way to win the regard of the Hawaiian Islanders. To have carried out the punishment in its extreme form might, it was thought, have served only to embitter the Hawaiian people. The punishment was severe enough as it was. The recommendations of the court were that Black and White be locked up in the brig for thirty days, with rations of bread and water, with a full ration every third day.
This peculiar sentence was on account of the regulation that forbids a prisoner on shipboard from being kept on bread and water for more than five consecutive days. By giving a full ration once in every five days the men can be kept under punishment for three months. The court also decided that both men should suffer a loss of two months" pay.
The commanding officer approved the findings of the court, after reading 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 were piped to quarters, the charges and findings being read before the ship"s company.
"Men," said the captain after the executive officer had read the verdict of the court, "I am of the opinion that both of you should be dismissed from the service. The evidence, however, did not fully warrant the court in finding for that. It appears to be your first offence, but remember, this is your first enlistment also, which gives me the right to discharge you dishonorably from the service. I shall do so upon the next serious breach of discipline hereafter. You may consider that you have had a very lucky escape from long imprisonment and from dismissal as well."
"And, as for Seaman Davis, I desire to commend him thus publicly for his pluck, his faithful obedience of orders and the masterful way in which he has carried out his orders. Such men are a credit to the United States Navy. They make one forget that, now and then, we have some of the other sort among us. Davis, you will be mentioned in my communication to the department."