At nine o"clock that morning, in fact, Major Elbert, president of the court, rapped for order.
CHAPTER V
THE WAR DEPARTMENT SAYS ITS SAY
For witnesses Bunny had rounded up all of his gang of that notable night, with the one exception of Skinny Carroll. It would never do to have Carroll go on the stand and admit that he had been posted as a lookout.
Bunny and all his friends, under the coaching of a local lawyer, had proved themselves expert perjurers.
Even Major Elbert, president of the court, before that body had been in session for an hour, looked as though he believed the case a dark one against the young officers.
The elder Hepburn was on hand. He tried hard to palm off one of his pet orations on the court, but Major Elbert shut him off sternly.
Not one of Bunny"s crew told the truth. That wasn"t what they were there for.
Hal and Noll attended court, as required, in dress uniform. It was the first time that they had worn these handsome service garments officially, and it seemed a pity that they should have to wear them under such circ.u.mstances.
At last Hal was sworn. He told the truth, briefly, clearly, accurately.
Then a shady lawyer engaged by the Hepburns undertook to cross-examine the young lieutenant. Hal"s testimony was not to be shaken in the slightest detail. The lawyer resorted to abuse, but Hal kept his temper.
Major Elbert took a hand, warning the lawyer that he must keep his speech within the limits of gentlemanly use.
Noll went on the stand and told his story. It did not differ from Hal"s in any detail, nor was young Terry to be shaken by cross-examination.
Still it was the testimony of two witnesses against that of a dozen witnesses.
Then the policeman who had interfered was called to the stand. He had not witnessed the affray, and so could give no testimony as to whether Lieutenant Overton or Bunny Hepburn had started the affair.
Chief Blake followed.
"Do you know anything of the affray itself?" questioned Major Elbert.
"Nothing," admitted the chief.
The Hepburn lawyer settled back in his chair with a dark look of satisfaction.
"In what way, Chief," queried the major, "do you feel that you can aid this court in arriving at a proper decision?"
"I am here, sir, to testify, if desired, to the characters borne by the complainants and by the defendants."
Chief Blake then went on to state that he had known Lieutenants Overton and Terry for many years, with the exception of the time that they had been absent serving in the Regular Army. The chief stated that the character of each young man was above reproach.
"What do you know regarding any of the complaining witnesses?" inquired Major Elbert.
"I object!" shouted the Hepburn lawyer, rising.
"To what do you object?" inquired the major mildly, glancing at the lawyer. "To having the characters of the complaining witnesses stated?"
"We object, may it please the court, on the ground that the chief of police is not qualified to express a competent opinion."
"We will hear what Chief Blake has to say," decided the president of the court, "and we will pa.s.s on the value of his evidence later on."
""Bject!" snapped the lawyer.
"Be good enough, sir, to sit down!"
Chief Blake began his statement by explaining that the elder Hepburn had been for years a notorious local character----
""Bject!" shouted the lawyer.
"Sit down, sir"--from the president of the court.
Chief Blake continued his testimony, producing copies of official records to show that the elder Hepburn had been four times arrested for inciting disorder and on similar complaints.
""Bject!"
"Orderly," called Major Elbert. A sergeant who had accompanied the officers of the court stepped forward. "Orderly," continued the major, mildly, "if this attorney makes any further disturbance, put him out of the room. You should understand, Counsellor, that this is a military court, and that you, as a civilian attorney, are admitted here as a matter of courtesy. The chief of police will now go on with his testimony, and if there be anything in it, Counsellor, to which you wish to take exception, at the proper time you will be afforded an opportunity. But we cannot have the court"s time wasted by boisterous conduct on the part of any one present."
Major Elbert"s manner was not that of the bully, or of one abusing brief authority. His voice was mild and soft, but he meant business.
Chief Blake continued, testifying that not one of the young fellows in Bunny"s crew was a valuable or reliable member of the community. Four of them had been arrested on minor charges in the past, and all of them, Bunny included, had given the police of the town many kinds of trouble and annoyance in the past.
"Chief," inquired the major softly, "what do you feel at liberty to say regarding the truthfulness of any of the complaining witnesses?"
"I wouldn"t believe one of "em, sir, under any oath that could be imposed on "em," replied Chief Blake bluntly. "In the past my policemen and I have known every one of that outfit to lie repeatedly when accused of different kinds of disorderly conduct."
"Then you believe, Chief, that the complaining witnesses are members of a definite gang, and that they are all wholly untruthful and undependable?"
"To that question, sir, I have no hesitation whatever in saying "yes.""
"Have you any more evidence to offer, Chief?"
"I have two witnesses outside, sir, whom I think you would like to hear."
"Will you send for them?"
Bunny and his crew, during the testimony of Chief Blake, which had not been expected by them, had felt partly dazed. They sat either scowling or grinning sheepishly while the new witnesses were being awaited. The elder Hepburn sat behind the younger men, running the fingers of his right hand through his glossy black hair.
When the two witnesses entered, the gangsters started and exchanged glances. One was a middle-aged man, the other Skinny Carroll.
"This gentleman," announced Chief Blake, "is Mr. Robert Enwright. Mr.
Enwright"s store is at the corner below the scene of the affray now being investigated. Mr. Enwright sometimes sleeps over his store. He did during the night of the fight. He was awakened by hearing this other witness, Carroll, shout a warning that the police were coming. Mr.
Enwright looked out of the window and recognized Carroll. So Mr.
Enwright notified me, the next day, and I gathered Carroll in. Carroll finally admitted that he had belonged to the Hepburn gang, and that he had shouted a warning to his mates."
Mr. Enwright was then sworn, and substantiated Chief Blake"s remarks.