permitted to make any statement whatsoever, but was permitted to question witnesses. Admiral Mulligan made it clear that he would not tolerate any civilian cross-examining witnesses, as they might in a regular court of law. However, Mr. Myerscough would be allowed to “probe and clarify” certain points of evidence. But he would answer at all times to Admiral Cameron and, if necessary, to Lieutenant Commander Kirk.
Judd Crocker’s father, the 66-year-old Admiral Nathaniel Crocker, himself a former destroyer commander, had flown to the West Coast to meet with his son and visit his daughter-in-law. And for the past few weeks he had taken a keen academic interest in the forthcoming case. The moment it was agreed that Lieutenant Commander Clarke would be permitted an attorney in his corner, he insisted that
He appointed an old friend with whom he had attended the Naval Academy in Annapolis back in 1960—Art Mangone, who had lasted only six years in dark blue before leaving to take a belated law degree at UCLA. Art liked the law better than he liked submarines, and had been practicing in La Jolla, the coastal suburb of San Diego, since 1976. The investigation of USS
“The only thing I know about Mangone as a lawyer is that he plays golf to a five handicap,” said the admiral. “But I trust him, he’s a gentleman, and he’s free.”
“Spoken like a true Boston Yankee,” observed Judd.
And now the scene was set. Captain Crocker and his attorney, plus Lieutenant Commander Clarke and his, would sit in the courtroom throughout all of the evidence.
And now Admiral Cameron called the Board of Inquiry to order, read out the formalities, and requested the first witness to enter the room and swear to tell the truth.
The routine examination of each witness would be undertaken by the vastly experienced ex-Polaris commander Rear Admiral Curran. At the conclusion of his questioning, other members of the board would ask their questions and then the two attorneys would be permitted to elaborate on certain points should Admiral Cameron deem it relevant.
After the regular establishment of identity and career, Lt. Andrew Warren,
“Lieutenant Warren,” he said. “Will you tell us where you were between the hours of oh-four hundred and oh-eight hundred on the morning of July fifth this year?”
“Yessir. I was on duty in the submarine
“And did your duties take you to various different stations in the submarine?”
“Yessir.”
“And did you spend some time in the control room?”
“Yessir.”
“And were you able to see who had the conn at all times?”
“Yessir. Whenever I was in there.”
“And would you mind telling the board who did have the conn during your watch?”
“Yessir. For a short while, maybe a half hour when I first came on duty, Captain Crocker had the ship. Then he went to his bunk, and Lieutenant Commander Clarke took over. I was in the conn at the watch change.”
“And how would you describe the period of time while Commander Clarke had the ship?”
“Fine, at first, just like always. But then something terrible happened.”
“Would you describe that?”
“Yessir. At around oh-five-thirty, our sonar picked up a Chinese destroyer coming toward us at flank speed.”
“Lieutenant Commander Clarke had the conn, correct?”
“Yessir. And then the destroyer slowed right down. We were twenty-four hundred yards off her starboard beam.” I had the conn while Linus Clarke used the periscope. He ordered me to keep the ship straight and level, which I did.”
“And then?”
“Lieutenant Commander Clarke was going in closer. He was after some close-up shots of the extra-large housing for the towed array, which he could see on the stern.”
“Did he say he was going in closer?”
“Yessir.”
“And did you reply?”
“Yessir. I said, ‘steady, sir, we don’t know how long that towed array is.’”
“Do you normally issue that kind of advice to your Executive Officer?”
“Nossir. In this case I meant it as some kind of a warning. In good faith, sir.”
“And did Lieutenant Commander Clarke reply?”
“Yessir.”
“And what did he say to you?”
“He said, ‘don’t worry, Andy.’ Then he said he would not go in closer than a mile. I remember he said the towed array ‘won’t be that long, will it?’ And he mentioned that it would be angled down in the water, not straight out like a submarine.”
“And what happened then?”
“Well, by now Master Chief Brad Stockton was in the control room, and he spoke up suddenly. He said he thought the CO should be informed we were ‘groping around the ass of a six-thousand-ton destroyer.’ I remember his words very well.”
“And was he issuing those words to Lieutenant Commander Clarke in an informative way, because he thought the XO did not know what he was actually doing?”
“Oh, nossir. He was telling the XO to inform the CO of our actions.”
“And did the lieutenant commander heed that warning?”
“Nossir. He said there was no need to alert the CO. He was just going to take the destroyer’s stern a mile off and take some pictures.”
“And did the Master Chief reply?”
“Yessir, he said again that, in his opinion the CO should definitely be informed because this was a critical part of our mission.”
“And did Lieutenant Commander Clarke heed that second warning?”
“Nossir. He did not. He said in his judgment, he was fine. And then he ordered the course change to cross the destroyer’s stern.”
“You still had the conn?”
“Yessir. He ordered me to steer right standard rudder, course zero-nine-zero at eight knots.”
“And did you do so?”
“Yessir.”
“And what happened then?”
“Sir, I thought we had made it, but there was a sudden slowing down in power. We were still at PD, and I could feel there was a slight alteration in trim, stern-down just fractionally. The regular beat of the machinery was just different, and we were slowing down, definitely not completing our crossing of the destroyer’s stern.”
“Were you able to ascertain what had happened, Lieutenant?”
“I KNEW what had happened, sir. We’ve had enough talk about the length of the new Chinese towed arrays.”
“And then what happened?”
“Captain Crocker came charging into the conn.”
“No longer asleep?”
“Nossir. Wide awake, and not real pleased with Lieutenant Commander Clarke.”
“Did he realize what had happened?”
“Nossir. Not immediately. He kinda snapped, ‘What’s going on, XO?’ Then he grabbed the periscope and took a very quick look before it washed under the water because of our stem-down trim.”
“How long was he able to look?”