the need to set precedent. The Judge Advocate General's brief makes it clear that an officer's understanding of the situation is an acceptable basis for determining the probity of his actions. Admittedly, it's a meterstick which is usually appealed to by the defense, not the prosecution, but that doesn't mean it applies in only one direction. Whether or not it's applied in this case, and how, lies in our hands. From that perspective—and that perspective only—Lady Harrington's actions and how Lord Young understood them are germane. This board will restrict itself to considering them in that light.'
'Is that an order, Sir?' Jurgens asked through gritted teeth.
'It is the direction of the president of the court,' White Haven returned coldly. 'If you disagree with it, you are, of course, entitled to note your disagreement and take written exception to it. You are even—' he showed his own teeth in a humorless smile '—entitled to withdraw yourself from the court, if you so desire.'
Jurgens glared at the earl but said nothing more. White Haven waited a moment, then leaned back in his chair once more.
'Shall we return to the discussion at hand?' he suggested, and Kuzak nodded sharply.
'The operable points, in my view,' she said, 'are, first, that the flagship had not passed command and that, in consequence, Dame Honor was, so far as Young then knew, legally empowered to give the orders she gave him. Second, that, without orders from anyone, he unilaterally withdrew his squadron from the support of the task group at a critical juncture. And, third, that he refused orders from the task group flagship to return to formation, even though all other ships then under his command did so. I believe the record is amply clear. He panicked; he ran; and he didn't stop running even after the other units of his command had done so.'
'So you're saying the specifications are valid in every jot and tittle, are you?' Jurgens' tone was much more caustic than any a rear admiral should address to an admiral, and Kuzak regarded him as she might have a particularly disgusting form of insect life.
'I believe that's substantially what I said, Admiral Jurgens.' Her voice was cold. 'If you'd prefer for me to be plainer, however, I believe his actions were as contemptible as they were gutless, and that if any officer ever deserted in the face of the enemy, Pavel Young is certainly that man. Is that clear enough for you, Admiral?'
Jurgens turned purple and half-rose from his chair, and White Haven cleared his throat.
'We'll have no personal exchanges, ladies and gentlemen. This is a court-martial, not a shouting match. Formality may be relaxed to allow free discussion and decisions without respect to rank, but the rudiments of military courtesy will be observed. Please don't make me repeat that warning.'
Jurgens sank back slowly, and the silence that followed was both fragile and sullen. White Haven let it linger a moment, then continued.
'Does anyone wish to bring forth any additional points for the court's consideration?' No one replied, and he gave a tiny shrug. 'In that case, ladies and gentlemen, I suggest we vote on the specifications. Please indicate your votes on the forms before you.'
Styluses scratched and paper rustled as the forms were folded and passed to the head of the table. He gathered them in a small heap, then opened them one by one, and his heart sank as he found what he'd expected.
'The vote is: guilty on all specifications, three; innocent on all specifications, three.' He looked up with a thin smile. 'It would seem we're going to be here a while, ladies and gentlemen.'
CHAPTER NINE
Honor Harrington leaned back in her waiting room chair, eyes closed, and tried to pretend she was asleep. She doubted she was fooling anyone... and she knew she wasn't fooling Paul Tankersley. Nimitz was a soft, warm weight in her lap, and the 'cat's empathic sense linked her to Paul's emotions as he sat beside her. She'd felt his growing concern as the endless hours stretched longer and longer, and his matching worry had only made her own worse, but she was grateful for his willingness to leave her in peace, without the well-meant efforts at reassurance someone else might have inflicted upon her.
It was taking too long. From the moment she'd learned who was on the court, she'd feared only one thing, and every agonizing tick of the wait deepened that fear. The memory of the Queen's warning about the political considerations she had no choice but to face burned like acid in an open wound. A hung verdict would be almost worse than an acquittal, she thought wretchedly. A way for Young to walk, to flaunt the protection of his family's influence yet again, and she didn't know if she could endure that.
The conference room didn't really stink of sweat and stale hate, White Haven thought, but it still felt as if the air conditioner had packed it in. Not that he blamed it. The psychic ferocity of the last several hours had been more than enough to overwhelm any inanimate object unfortunate enough to be exposed to it.
He sat back in his chair, tunic hanging over its back, and rubbed his aching eyes, trying not to show his depression as the debate lapsed once more into stormy silence. Not that 'debate,' with its implications of discussion and reasoned argument, was the right word. There was no sign that any of the court's members— himself included, he admitted wearily—would yield even a fraction. Mindful of his position as president of the court, he'd let Kuzak and Simengaard carry the battle to Jurgens and Lemaitre. Sonja Hemphill had said even less than he—in fact, she'd said virtually nothing, despite her seniority—but the other two had more than compensated, and she'd voted in lock step with them. They'd balloted on the charges eight more times with no change at all, and a dull, sick headache hammered in his temples.
'Look,' he said finally, 'we've been arguing for hours, and no one has even addressed the actual evidence or testimony.' His voice sounded as tired as he felt, despite his effort to put energy into it. 'Does anyone here question the facts as presented by the prosecution?'
No one replied, and he lowered his hand with a sigh. 'That's what I thought. And that means we're deadlocked not on what Lord Young did or didn't do, not on what Lady Harrington did or didn't do, but on the parameters we apply to our decision. We haven't moved a millimeter.'
'And I don't believe we're going to... Sir.' Jurgens voice had grown hoarse, but he met White Haven's eyes defiantly. 'I contend, and will continue to contend, that Lord Young acted within the scope of the Articles of War, and that makes nonsense of this entire proceeding.'
'I agree,' Commodore Lemaitre said. Kuzak and Simengaard looked murderous, but White Haven raised a hand once more before either could speak.
'That's as may be, Admiral Jurgens,' he said, 'but I seriously doubt another board will share your view. If we return a hung verdict, the Admiralty will have no choice but to impanel another court—one whose decision almost certainly be against Lord Young.'
'In your own words, Sir, that's as may be,' Jurgens replied. 'I can only vote my conscience, based on my own understanding of the relevant law.'
'Regardless of the political consequences to the war effort, Admiral. Is that it?' White Haven could have bitten his tongue off the instant he spoke, but it was too late, and Jurgens' eyes flamed as the words were finally said.
'I took an oath to decide this case based on the evidence and my understanding of the Articles of War, Sir,' he said almost spitefully. 'The political ramifications are beside the point. Since politics have been brought up, however, I will say that this entire trial is about politics. Its sole purpose is to convict Lord Young on a capital charge simply to help a cabal of politicians and senior officers wring political advantage from satisfying Captain Harrington's personal thirst for vengeance!'
'What?!' Thor Simengaard half rose, glaring across at his superior, and his huge fists gripped the table edge as if to reduce it to splinters.
'It's common knowledge, Captain,' Jurgens snarled. 'Harrington has hated Young ever since they were at the Academy together. Now she's the mob's darling, finally in a position to finish him off through this farce of a court-martial, and certain senior officers'—he kept his eyes fixed on Simengaard, refusing to look at White Haven —'are prepared to adopt any sort of legal mumbo-jumbo to give her his head on a platter and mobilize public opinion against the Opposition. Well, I, for one, won't be a party to it!'
A thick, inarticulate sound guttered in Simengaard's throat, but Lemaitre's sharp voice cut across it.
