An Act Of Courage

The president and the judge martial, and all the other members of the court, looked directly at Hervey – or so it felt to him. Daly’s interventions, Hervey reckoned, could only serve to demonstrate a disposition to excitement, to pugnacity even, although it seemed to him that the judge martial at least was minded that a botched firing was a matter of judgement rather than of discipline. The adjutant’s choice of words to describe what had happened next would therefore be crucial. Hervey could only trust in the assurances of support which Edmonds and Lankester had given, albeit some time ago now. Barrow was prosecuting officer, after all: he could hardly stay his hand.

Be what may, the eyes of the court were now turned to him. He did not calculate that to sit at attention would be to demonstrate a proper, regulated, officerlike demeanour, for that was his instinct; but he knew it to be the right one particularly at this time, and the more so in contrast with Daly’s. He had not one scrap of sympathy for him now.

The adjutant continued. ‘Cornet Hervey, on arriving at the horse lines, perceived the colt to be lying on the ground, and asked what had happened, and if the veterinary surgeon had been called. To which Cornet Daly made violent objection, and insisted once more that the orderly quartermaster be placed in arrest. In the exchanges which followed, Cornet Daly made a threatening gesture towards Serjeant Treve and was struck a blow by Cornet Hervey.’

Hervey winced, but hoped not visibly. The account was correct, but so succinct as to suggest he struck without cause. He looked the president in the eye, however.

‘That, Mr President and gentlemen, concludes the summary of evidence. The prosecution intends calling four witnesses, first Serjeant Treve, then Veterinary Surgeon Knight, then Corporal Rawlings, the regimental orderly corporal that day, and finally Corporal Mains, the picket-corporal. The prosecution may, however, have recourse to calling an additional four non-commissioned officers or dragoons.’

The president looked at the judge martial, who nodded, then back at the adjutant. ‘Very well, Mr Barrow, distasteful as that may be.’

Distasteful – NCOs and men testifying against an officer: that would be the feeling of every officer in the court. Hervey groaned inwardly. But he had seen the look on Treve’s face as he waited to be called. Treve was as upright as they came – sixteen long years of service and good conduct; everyone spoke of him as being of the best. And now he was to be subjected to examination by the adjutant, and in front of his commanding officer and a whole court of outsiders. Would it have come to this if he, Cornet Hervey, with but one year only in the King’s uniform, had better regulated his actions that evening? Might he have done so? Had it been at all possible? So far he had not doubted it, but the process of court martial could gnaw at a man’s certainty.

Serjeant Treve, in full dress, spurs ringing loud on the flagstone floor as he marched, halted before the members’ table, and saluted.

‘Remove headdress,’ barked the court orderly, startling the judge martial.

Serjeant Treve removed his Tarleton helmet and placed it under his left arm. The court orderly handed him a bible, and held a board up to him, on which the oath was written.

‘I swear, upon the holy Evangelists, that the evidence which I shall give shall be the truth, the whole truth and nothing but the truth; so help me, God.’

‘Be seated, Serjeant,’ said the adjutant.

The court orderly placed a chair before the members’ table.

‘State your name, rank and appointment, Serjeant.’

‘Walter Treve, serjeant, quartermaster B Troop, Sixth Light Dragoons, Princess Caroline’s Own, sir.’

‘Were you, on the twenty-fourth day of July this year, regimental orderly quartermaster?’

‘Sir.’

The judge martial looked up. ‘Is that a “yes” or a “no”, Mr Barrow?’

‘It is a “yes”, Your Honour. In the Sixth Light Dragoons the custom is that the affirmative is so-stated.’

‘And the negative?’

‘The same, Your Honour.’

The judge advocate sighed as he smiled. ‘Mr Barrow, you will appreciate, I am sure, the difficulty which may arise in a court of law were such a procedure to be followed. How is the difference discerned?’

‘Everything is conveyed in the tone of the response, Your Honour.’

‘Well, Mr Barrow, for the benefit of those of us unpractised in the no-doubt admirable custom of the Sixth Light Dragoons, perhaps we may adhere to the common form of affirmative and negative – a simple “yes” or “no”?’

‘Sir.’

The president stifled a smile.

‘Serjeant Treve, were you that evening orderly quartermaster?’

‘Sir, yes, sir.’

‘Thank you.’

‘I am obliged, Mr Barrow,’ said the judge martial, taking up his pen once more.

Barrow made a small bow, then resumed. ‘Tell the court what you found on visiting H Troop’s horse lines.’

‘Sir. I found the brown colt belonging to Mr Daly lying with its head on the ground, shivering, and Mr Daly standing by holding a cautery, sir.’

‘And what did you say?’

‘I asked Mr Daly what had happened, sir. He replied that he had removed a lampas from the horse’s mouth.’

‘What then did you say?’

‘I said that the horse looked in distress, sir. I asked if the veterinary were called.’

‘And Cornet Daly replied?’

‘Mr Daly said it weren’t necessary, sir.’

‘Did you press Cornet Daly upon this point?’

‘Sir, I did, sir.’

‘And what was Mr Daly’s reply?’

Serjeant Treve hesitated. ‘He said as how he didn’t need me to tell him what was wanted for a horse of his.’

‘Were those Mr Daly’s exact words?’

Treve hesitated again. ‘Not exactly, sir. Mr Daly put it more blunt.’

The judge martial looked up. ‘I think we had better have them out, Mr Barrow.’

Barrow frowned, though he had known it must come. ‘Serjeant Treve, tell the court exactly what Cornet Daly said.’

Treve looked directly at the president. ‘Mr Daly said, “I don’t need a fucking little serjeant to tell me how to cope with a horse.” ’

The president raised his eyebrows.

‘What was your reply?’ asked the adjutant.

‘I said, sir, as there was no cause to speak to me like that, that I was orderly quartermaster and it was my duty to report any sick or injured horse at once to the veterinary surgeon. Sir.’

‘And how did Cornet Daly reply to this?’

‘Mr Daly said as how the animal wasn’t sick or injured, and that it was his charger and his business, sir.’

‘He used those exact words?’

‘Again, sir, Mr Daly swore. I believe he used the same word three or perhaps four times, sir.’

‘Was this in front of witnesses?’

‘Sir, the orderly corporal and the duty dragoon. Some of the picket came by, but that was later, sir.’

‘What did you then do?’

‘I instructed H Troop’s duty dragoon to inform the troop farrier and the veterinary surgeon that there was a horse down and in distress, sir.’

‘Did Cornet Daly say anything further?’

‘Mr Daly told me to place myself in arrest, sir.’