The Winston Affair (18 page)

Moscow passed him a note, which said, “I like that It was damn good timing.”

“Now, I think, they are beginning to doubt just a little,” Adams whispered to him. He saw Winston sitting motionless, hands clasped in his lap.

Moscow began to write as Major Smith called Colonel Archer Burton to the stand. The note Moscow handed to Adams now read: “Winston spoke to me on the way in. He said, God will emerge and strike today. He said that his side is inflamed with a red spot where God is trying to come out. That is why he is sitting so still. To help God. Is this a line?”

Adams wrote, “No,” and passed the note back.

Colonel Burton was sworn in. He gave his name and his rank. He stated that he was commanding officer at the General Hospital, and then he answered a number of questions concerning the table of organization at the hospital.

“On the morning that Lieutenant Winston was admitted to the hospital—were you there, Colonel Burton?”

“I was at the hospital. I believe that at the precise time Lieutenant Winston was admitted, I was in my office, discussing our surgical service with Colonel Hale, our chief of surgery.”

“Were you notified of his admittance, Colonel?”

“Not until four hours later. It was not until then that I heard about the murder. Headquarters called me. Captain Greene, my assistant, was with me. He told me that this man, Lieutenant Winston, had been admitted to the hospital that morning.”

“Was it ordinary procedure, Colonel, to admit patients without notifying you?”

“Yes, ordinary procedure. But this was not an ordinary patient. Major Kaufman, the physician who admitted him, should have notified me immediately.”

“But he did not?”

“No, sir, he did not.”

Smith nodded and said, “Would you tell us what you did then, sir?”

“I phoned Major Kaufman immediately and asked him on what basis Winston had been admitted—”

“Excuse me, Colonel Burton,” Smith interrupted, “but in order that our record may show it, will you identify Major Kaufman more specifically. Name in full, rank, and position.”

“Major Max Kaufman, U.S. Army Medical Corps, General Hospital, officer chief of NP Ward.”

“What do the initials N.P. stand for, Colonel Burton?”

“Neuro-Psychopathic.”

“Thank you. Now I believe you said that you phoned Major Kaufman and asked him why he admitted Lieutenant Winston.”

“I did. He said that Winston was sick, and that was why he had admitted him. I asked him how he was sick. He replied that Lieutenant Winston was in a profound confusional and depressed state.” Colonel Burton smiled. “I think I have his words.”

During this, Mayburt had passed a note to Thompson, who nodded. Mayburt said, “The court will interrupt you at this point, Major Smith.”

“May it please the court,” Smith acquiesced.

Adams noticed that Moscow had scribbled the word
hearsay
several times on his pad, but he made no move to pass it.

Mayburt turned to Adams and said, “Would you stand, Captain Adams.”

Adams rose, and Mayburt continued, “Are you aware, Captain, that the evidence just taken is hearsay evidence, and therefore inadmissible?”

“May it please the court, I was aware that this is hearsay evidence.”

“Will you tell the court why you did not offer an objection?”

“I rested upon an exception.”

Only Winston was not listening with intentness. Moscow stared at Adams curiously, frowning in spite of himself. Coombs was scribbling furiously. General Kempton's face wore a placid expression that Barney Adams was beginning to know and understand; his eyes were narrow, lazy slits.

Colonel Thompson's round, pink-cheeked face tightened, and directing one pudgy finger at Adams, he said: “The court desires you to understand, Captain Adams, that this case is not to be taken lightly. Not only is it a capital case, but under the present conditions of total war, its importance transcends its circumstances. The court will spare no effort to present a record that is free from error—even the error of insolence.”

“May the court please,” Adams replied earnestly, “I meant no insolence. If any implication of insolence could be read into my words or attitude, I apologize.”

Mayburt had passed another note to Thompson. Then they put their heads together. The pink of Thompson's cheeks grew deeper. Major Hennessy passed a note down the table—the first non-presiding member of the court-martial to take any action. Thompson and Mayburt read it together. Thompson then nodded, a quick little nod. His lips were tight.

Mayburt said, “Sergeant Debbs, it is the desire of the president that both his statement and Captain Adams' apology should be stricken from the record.” Then, to Adams, as if nothing at all had transpired, “Why do you rest upon an exception, Captain Adams?”

“May it please the court, there is precedent for defense counsel's willingness to accept hearsay evidence so taken. In the interest of the facts, sir, such exception has been established.”

“I have no knowledge of such exception ever being offered by the counsel not conducting the examination. It would be understandable for Major Smith to cite this exception. But why do you cite it, Captain?”

“Because, sir, I believe it to be in the public interest.”

“Have you any precedent in military trial, Captain Adams?”

“In Corporal Fredericks versus the United States Army, France, 1918, and in Captain Lewis versus the United States Army, Arizona, 1906. There are other cases which I cannot immediately call to mind. If the court so desires, I may be able to find them and cite them.”

“It will not be necessary,” Colonel Mayburt replied, a trace of a smile on his face. “The court will permit hearsay evidence to be taken, but limited to the conversation with Major Kaufman. At the same time, Captain Adams, the court will permit no cross-examination on the hearsay evidence, for that would constitute an entrapment which we cannot permit.”

“May it please the court, I have no intention of entrapment of any kind. I only desire that full and truthful evidence be taken.”

“We all desire that, Captain Adams.” And to Smith, “Proceed with your witness, Major Smith.”

“May it please the court,” Smith said, “I did not deliberately attempt to extract hearsay evidence. I will be more aware of it from here on.”

“The court understands this, Major.”

“May I thank the court.” Smith returned to his witness, and asked Burton, “Did you conduct a personal examination of the defendant, Lieutenant Winston, Colonel?”

“I did.”

“And when was that?”

“Firstly, the day after he was brought into the hospital. Then, again, two days later.”

“In other words, you examined him twice.”

“I did.”

“And what were the results of your examination?”

“On the first occasion his pulse was rather rapid. He was suffering from a general fatigue brought on by lack of food and sleep. On the second occasion his pulse was normal and the fatigue had decreased.”

“Would you say he was in good health on the occasion of the second examination?”

“Not good health in the abstract. But I suspect his health was as good as it has been for the past year. Lieutenant Winston went through a siege of ulcers some five years ago. He also suffers from a nervous stomach. I would say that for him, on the occasion of my second examination, his health was quite normal.”

“Did he appear to be excited?”

“Not at all.”

Smith had turned back to his table, where Coombs passed him a note. He read it, then asked Burton, “Did he appear depressed—that is, Lieutenant Winston?”

“No more than one would expect, considering the circumstances.”

“Then on the basis of your two examinations, Colonel Burton, did you find any indication that Lieutenant Winston was—well—let us say, mentally sick? I believe that is the proper term—mentally sick.”

“I did not.”

“Did you find anything that would lead you to believe—that is, I mean to conclude—that Lieutenant Winston was insane?”

“I did not.”

“Do you believe that such a condition could be present without your being aware of it?”

“No, sir, I do not. I do not wish to plead my competence. I think my position and rank indicate competence.”

“Unquestionably, Colonel Burton. I did not intend to question your competence. Now, having found that Lieutenant Winston was sound of body and mind, what did you do?”

“Knowing that he was a murderer and having been advised by Theater Headquarters that he should stand trial as soon as possible, I suggested to Major Kaufman that he should be immediately discharged.”

“And was he so discharged, Colonel Burton?”

“He was not.”

“Will you tell the court the reasons why? Not any conversations that might have taken place between you and Major Kaufman, but the reason itself.”

“Major Kaufman refused to sign his discharge papers.”

“Did he give a reason why he refused?”

“Yes.” Colonel Burton nodded, smiling slightly, his air one of forgive and forget. “His reason was that Lieutenant Winston was insane.”

With this, almost all eyes in the room turned, with scarcely any conscious volition, upon Winston. But he appeared not to have heard. His face tilted up, smiling slightly, he sat rigid and unmoving.

Colonel Burton and Major Smith were among the exceptions. Neither of them looked at Winston. Major Smith phrased another question.

“Did he have the power to prevent such discharge? Major Kaufman, I mean.”

“Not technically, no. As commanding officer of the hospital, I could have ordered such a discharge. But it is not the procedure we follow. A patient should properly be discharged from the section of the hospital he is treated in—and by the chief of that section.”

“What did you do then, Colonel Burton?”

“I reported this to Headquarters. I was instructed by General Kempton to convene a lunacy commission and examine Lieutenant Winston.”

“Did you or General Kempton suggest the lunacy commission?”

“I did.”

“May I ask why, Colonel?”

“So that the question of Winston's sanity would be settled once and for all and beyond doubt.”

Colonel Thompson now leaned across the table and said, “The court realizes that giving testimony is a difficult affair, Colonel Burton. Nevertheless, I must ask you to address the defendant by his rank. Until the verdict of this court is rendered, he holds that rank in the United States Army.”

Colonel Burton apologized gracefully, and then Major Smith asked him to explain to the court just what a lunacy commission was.

“A special commission called by the commanding officer above the rank of divisional commander to pass upon questions of sanity and insanity.”

“And who was appointed to this commission?”

“Colonel Joseph Hale and Major Richard Frank, both of them physicians on the hospital staff, and myself.”

“Had the commission a head?”

“I was the chief officer of the commission.”

“Did this lunacy commission examine Lieutenant Winston?”

“It did.”

“On what date?”

“The sixth day after he had been admitted to the hospital.”

“Was this a full and thorough examination?”

“It was.”

“And what were the findings of the lunacy commission, Colonel Burton?”

“The commission found Lieutenant Winston to be sane, both fit and responsible to stand trial.”

“What action did you take in Lieutenant Winston's case then, Colonel?”

“I signed the order for his discharge. The following morning he was picked up at the hospital by the military police and taken to the Provost.”

“Thank you, Colonel Burton. That will be all.”

With satisfaction, Major Smith turned to Adams and said, “Your witness, Captain Adams.”

Monday 2.12 P.M .

As Barney Adams listened to Colonel Burton's testimony, he began to realize the full implication of what he proposed to do. Realizing it, he had to confront himself with his reasons; and strangely enough, for the first time, the whole structure and meaning of the Winston affair came into a sort of focus. At first this focus was blurred and uncertain; over the next twenty-four hours it clarified itself and became precise.

While Burton was testifying, Adams passed a note to Moscow—“You are free to disassociate yourself, if you wish to. I think I understand your position.”

The reply read, “I don't think you do. I'm staying. So is Harvey, so you don't have to ask him. We talked about it.”

Adams nodded. He had come to like Bender and Moscow a good deal.

At twelve minutes after two, he rose for the cross-examination and said to Colonel Burton, “Colonel, in your testimony you said that four hours passed after Lieutenant Winston was admitted to the hospital—before you heard about it. Is that so?”