15. Summary Hearing
After the tea service had been cleared, David continued turning to bookmarked pages in the Manual and discussing the content's details with Colonel Picot and the Ambassador. "Because of the influence Wilfred's family wields, rather than one, I want two stenographers to take the proceedings down and produce independent transcriptions."
"Yes, we can't be too careful here. Miss Hutchins is very proficient with a stenotype, and she can choose another similarly capable from the admin office." Evelyn rose and crossed the room to his desk to push a bell button.
After Miss Hutchins was briefed and had left the office, David continued reading passages in the Manual, drafting the charge in proper form and ensuring that he had considered all options and details. At a knock on the door, he looked up from his concentration.
Evelyn said, "Come in."
A uniformed security guard entered. "Mister Ambassador, sir, as requested, we've brought Colonel Wyndcom from the Swiss lockup. He's outside, now, sir."
"You mean Captain, but please, escort him in."
"Yes, sir."
As Wilfred entered, David scowled. "Why are you wearing those colonel's insignia, Captain Wyndcom?"
"They were stitched onto my uniform when I received the posting here."
"You were reverted to your substantive rank as captain in early January. You've had four and a half months to change them."
Wilfred shrugged. "I have no household staff here. Besides, I had earned them."
"Earned? You didn't earn them; they were granted to you through family manipulation."
"That's still earning them."
David sighed. "Whatever; wearing a rank higher than that to which you're entitled is an offence against the Army Act, punishable by dismissal from His Majesty's service. Would you want that, Captain Wyndcom?"
Wilfred pursed his lips and tilted his head side to side. "I would, but the family would be disappointed."
"Then, perhaps instead of charging you, I could request that the War Office return you to your regiment. Would you prefer the filth and mayhem of the battlefront, rather than disappointing your family?"
Wilfred shuddered and turned pale. "I need to sit."
"No, you need to remain standing in the presence of your superiors. Do I take your reaction to mean that you would prefer dismissal from the Army?"
He looked up at David with pleading eyes. "Y-yes. Yes, sir."
"Fine, then. Do you recall how long and drawn-out the process was when you were court-martialed?"
Wilfred nodded. "It seemed to go on forever and ever."
"With less serious charges, such as with the rank insignia and your behaviour toward the German officer, the Army Act gives the option of either conducting a summary hearing or convening a court-martial. But that decision is not mine; it is for you to decide. Do you wish a quick and efficient hearing or a long and drawn-out court-martial?"
"Quick, sir."
David stepped up to the table, opened the heavy book to the title page and turned it toward Wilfred. "This is the Manual of Military Law, and we must use it as our guide. I assure you that nothing will be done that is not prescribed within these pages. You may seek assistance in understanding the charges and the applicable punishments. Is this understood, Captain Wyndcom?"
"Yes, it is."
"Fine. I'll ask you these questions again when we begin the hearing."
"When will that be?"
"As soon as I have finalised the wording of the charges and we have the stenographers here to record the proceedings." David signalled to the Ambassador.
Wilfred tilted his head. "It will be recorded?"
"Yes, we need to show that everything was done in accordance with the Army Act and the Manual."
A while later, when the stenographers had arrived and taken seats, David nodded to them and said, "Let's begin." Then after a pause to see their fingers at the ready, he continued, "I am Lieutenant-Colonel David Michael Berry, DSO, the Military Attaché to Switzerland, and I have convened this summary hearing to consider charges laid against Captain Wilfred Osgood Bentley Cecil Wyndcom, who, because of his posting here, is under my command."
He pointed toward the book. "Captain Wyndcom, in front of you on the table is the Manual of Military Law, and we must use it as our guide. I assure you that nothing will be done that is not prescribed within these pages. You may seek assistance in understanding the charges brought against you and the range of punishments they carry. Is this understood, Captain Wyndcom?"
"Yes, it is."
"Fine. As I had explained before we began, the nature of your charges allows you to choose either a summary hearing or a court-martial. The range of possible punishments is the same for both. Is this understood, Captain Wyndcom?"
"Yes, it is."
"And what is your choice?"
"A summary hearing."
"Do you need assistance in understanding the charges and their possible punishments?"
"No, I already said that I do not."
"Fine. Let's proceed to the first charge. Performing an act prejudicial to good order and Army discipline; to wit, that on 26 May 1916, Captain Wyndcom did wear in public a uniform with the insignia and regalia of a colonel, notwithstanding that he had been reverted to his substantive rank of captain on 4 January 1916, more than four and a half months before this date."
David paused and looked up from his notes. "Allow the record to show that at this hearing, he continues to wear a crown and two Bath stars, the insignia of a colonel. How do you defend this, Captain Wyndcom?"
"I don't have staff to make the changes."
"Could you not have done it yourself?"
"That is beneath me."
David winced. "Have you any further defence, Captain Wyndcom?"
Wilfred shook his head.
"Allow the record to show that Captain Wyndcom shook his head, signifying he has no further defence. Is this correct, Captain Wyndcom?"
"Yes, it is."
"Then, I have no choice but to find you guilty of the first charge."
David watched Wilfred smile, and after a pause, he continued, "Let's proceed to the second charge. Performing an act prejudicial to good order and Army discipline; to wit, that on 26 May 1916, within the diplomatic protection and neutrality of Bern, Switzerland, Captain Wyndcom did without cause assault and insult a German Army officer both in public and in the presence of the Ambassadors of Great Britain, France and Germany. How do you defend yourself, Captain Wyndcom?"
"With all the posters and cartoons showing it being done, I had to try it." Wilfred shrugged.
"Showing what being done?"
"Stomping on the fucking Krauts' spiked helmets."
"Those are symbolic representations, parodies, Captain Wyndcom, not instructions to act in that manner. Have you any other defence?"
Wilfred smiled for a moment; then he said, "No."
"Then, I have no choice but to find you guilty of the second charge. Have you anyone to speak for you before I pass sentence?"
"My grandfathers, my father, my uncles and my cousins, but they're in England."
"I don't mean privileged influence, Captain Wyndcom. I was referring to any here who might attest to your integrity and upstanding character."
Wilfred shrugged. "None here. They don't see things as I do."
"Before I pass sentence, does anyone here have something to offer?" David paused and scanned the faces of those in the room.
"None? Then, Captain Wyndcom, since you have been found guilty on both charges, I sentence you to dismissal with disgrace from His Majesty's service. Additionally, for each charge, the Army Act allows imprisonment for a term of up to two years, and I sentence you to the full term permitted. This summary hearing is now complete and closed. God save the King."
"What? Disgrace? Prison?"
David nodded toward the Manual on the table. "I had asked you if you needed any assistance in understanding the charges and their possible punishments, and you had said you didn't."
"I didn't say that."
David pointed to the two stenographers. "I'm certain that their independent records will show otherwise, Mister Wyndcom."
Wilfred sputtered. "They'll change them to whatever you tell them."
"This is not like your family's manipulation." Then sweeping a hand around the room, David asked, "With the Ambassador, Colonel Picot, the Administrative Officer, the Librarian and the two guards all witnesses to the hearing, how would your denial possibly be believed?"
"Because of my reputation for honesty."
"Is that the same honesty that was repeatedly and successfully challenged during your court-marshal?"
"How do you know about that?"
David pointed at the thick dossier on the table. "The full report of the proceedings is in your file. All two hundred and sixteen pages of it."
Wilfred sputtered. "I need to sit."
"No, you need to remain standing; I haven't yet finished with you." David took a folding knife from his pocket, opened it and stepped around the table toward Wilfred.
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