Fifteen minutes later a sentry came into the Captain's clerk's cabin, where Ramage was waiting with Blenkinsop, to tell them the court had re-opened. When Ramage walked back into the great cabin he saw the seats behind his chair were now full: every officer not on duty in the ship had come in to watch, hoping for more excitement.
Captain Croucher looked up at Ramage.
'The court has decided that no reference to the recent interruption shall be recorded in the minutes, and the trial will continue. Do you agree?'
'It is not for me to agree or disagree, sir,' Ramage said coldly. 'With the greatest respect, you are the President of the court. If the court is in error, no doubt the Commander-in-Chief or the Admiralty will take the appropriate steps.'
He wasn't going to fall into that trap; if he agreed, Croucher was cleared of any possible charge of misconduct over the trial. Croucher had set a trap and - thanks to Gianna -was now in danger of himself being caught in it; but that was the risk people took when they set traps. Croucher was a fool anyway, because Gianna wasn't on oath; none of the court seemed to have realized the minutes should record only evidence given on oath: if a ship blew up alongside, there would be no need to record it - unless to explain the court's adjournment. Ramage decided to bluff.
'I think,' Croucher said uncertainly, 'the court has the power to order anything to be omitted from the record.'
His voice did not carry much conviction; clearly he wanted to lure Ramage into a discussion, so that he could suggest in a friendly way that he was causing a lot of unnecessary bother.
Ramage stood up.
'With respect, sir, and admittedly with no knowledge of legal procedure, surely a court can't ignore and thus virtually destroy evidence already given? Otherwise minutes could always be edited or censored, like some penny broadsheet, to prove a guilty man innocent - or an innocent man guilty.'
'Good God, young man, no one's suggesting the minutes should be censored: the court just feels it would be the wisest way of disposing of a very disagreeable situation.'
'By disagreeable, sir,' said Ramage politely, 'I assume you are concerned that it is disagreeable for me; but the court must ignore my feelings and get at the truth, however disagreeable it may be....’
'Very well, then,' Croucher said, obviously admitting defeat, 'call the first witness.'
Ramage interrupted: 'Can we follow the normal procedure, sir, and have the Deputy Judge Advocate read over the minutes from the time the first witness was originally called?'
'My dear boy,' Croucher replied, 'we can't spend all the week on this trial: let's get on with hearing the evidence.'
Ramage rubbed the scar over his right eyebrow and blinked rapidly: excitement and anger were mounting: he must keep calm: once these men found their victim showed signs of fighting back, they became nervous, and he had to watch for every opportunity to attack: he must continue the bluff.
'With respect, sir, it is only fair to me to have it read.'
'Oh, very well, then.'
Everyone looked at Barrow, who gripped his spectacles in both hands and almost giggled with nervousness.
'I made no note, sir...'
‘You what?'
'No, sir.'
Ramage interrupted smoothly: 'Then perhaps we can agree on a paraphrased version, sir?'
It only needed someone to point out that Gianna had not been on oath and he'd lost the gamble; but it was worth it. To his relief Croucher finally agreed, and for the next five minutes he and Ramage argued over the wording. Ramage insisted that the Marchesa's remarks should be put in word for word, and when Croucher declared that it was impossible to remember what she said, Ramage suggested she should be called in to repeat her remarks. Croucher, alarmed at the idea, eventually agreed on a short version and asked sarcastically: 'Are you satisfied now?'
'Indeed, sir.'
'Thank God for that. Barrow, make a note of that and recall the first witness!'
The Bosun walked straight to the witness chair, and since there was no need for him to take the oath again, Barrow began the questioning.
'You were formerly Boatswain of His Majesty's late ship Sibella on Thursday the eighth of September, when you fell in with the French warship?'
'Aye, I was that!' replied Brown.
'Kindly answer, "yes" or "no",' Barrow said acidly. 'Relate to the court every particular you know concerning the action from the time Captain Letts was killed.'
Ramage was just going to protest that Brown should begin his story earlier, since the court was investigating the loss of the ship as well as trying him, when Captain Ferris interrupted.
'From the wording of the order for the trial, I think the witness should tell what he knows from the time the French ship came in sight. Captain Letts' activities are of equal interest to the court.'
'Since Captain Letts is dead he can hardly be a witness,' said Captain Croucher, trying to avoid openly rejecting Ferris's demand.
'Had the prisoner been killed he would not be on trial either,' retorted Ferris. 'But it would be unfair to blame the prisoner for anything which was Captain Letts' responsibility.'
'Very well,' said Croucher. 'Strike the last part of the question from the record and substitute "from the time the French ship was sighted".'
Brown was a simple man but although nervous at facing so many senior officers he obviously knew that this was no ordinary trial. And since Brown was a simple man, he told his story simply. He had just said he had heard some of the men say they'd been told several of the officers were killed, when Captain Blackman, sitting next to Captain Croucher, interrupted: 'What you heard other people say is not evidence: speak to facts.'
'Them's the facts!' said Brown, taking little trouble to hide his contempt for anyone so stupid as not to understand. 'The orficers were killed. Couldn't see it with me own glims 'cos I couldn't be everywhere at once. But they was dead all right.'
'Carry on,' said Croucher, 'but try and remember that what someone said to you is evidence, but what you were told someone said to someone else isn't - that's just hearsay.'
Clearly Brown neither understood nor cared, but launched off again on his narrative, bringing it up to the time that all the officers appeared to have been killed and the Master had taken command. The Master had just given orders for knotting some torn rigging when he was himself cut in two by a shot.
'I thought to meself, "Allo, won't be long afore I'm dragging me anchors fer the next world too", and I didn't fancy taking command of that lot.'
'What "lot"?' asked Croucher icily.
'Well, sir, the ship as she was. A complete wreck by then. Anyway, sir, since I was apparently the senior man alive I sends men to make a tally of 'ow many was dead and 'ow many was winged. They came back and reports there aren't no more'n a third of us left on our pins.'
'Exactly how many were killed and how many wounded?' asked Captain Ferris, indicating to Captain Croucher that he wished to see the ship's muster book.
'Forty-eight dead, sir, and sixty-three wounded - a dozen or so o' them mortually.'
'Mortally,' corrected the Deputy Judge Advocate.
'That's what I said. Mortually. Means they died later.'
'Out of a ship's company of one hundred and sixty-four,' commented Ferris, closing the muster book.
'Wouldn't be knowing, sir.'
'That was the total at the last muster,' Ferris said. 'Note it in the minutes, Barrow. Carry on with your evidence, Brown.'
'Well,' said Brown, 'I was just wishing I could lash up me 'ammick, stow me bag and go 'ome when the bleeding Master-at-Arms mentions, ever so casual, that he thought one of the orficers on the main deck wasn't dead, sir, only wounded. I sent a lad down to make sure and I heard he found Mr Ramage unconcherous—'
‘Unconscious,’ said Barrow.
‘Hearsay evidence,' Captain Blackman interrupted triumphantly.
'Nor it wasn't!' retorted Brown. 'In a minute the boy came back and told me with 'is own lips as 'e'd found Mr Ramage breathin' but wounded and unconcherous—'
'Unconscious,' said Barrow.
'Unconchirous, then,' said Brown, determined to ram home the point. 'I sent 'im down again to tell Mr Ramage he was in command, and the lad came back and said—'
‘Wait a moment,' said Barrow, 'you're talking much too fast.'
Brown could not resist a chance of a dig at a purser — for he had recognized Barrow's trade — and sniffed, 'First time I met a pusser slow with 'is pen!'
'Steady there!' warned Captain Croucher. 'Confine your remarks to the case on hand.'
'Well, as soon as Mr Ramage came on deck I reported the state of the ship and the butcher's bill and told 'im that 'e was in command.'
Captain Ferris asked, 'What condition was Mr Ramage in?'
‘He looked as though 'e'd tripped over the standing part o' the fore sheet and bin hauled back on board just in time!' said Brown, and Ramage almost laughed at the simile, since 'Going over the standing part of the fore sheet’ was slang for dying, or being killed.
'Be more specific,' said Ferris.
'Well, 'e was groggy on 'is pins: he'd 'ad a terrible bash on the 'ead.'
Why, thought Ramage, can the man tackle one aitch and miss the next? He was just making a mental note to ask Brown a question when it was his turn to cross-examine as Ferris asked:
'Did he appear dazed?'
'Looked like a grampus that'd been luffed into a brick wall, sir.'
Several people in the court laughed, including Ramage: it was an apt description, since, like a grampus, he'd been soaking wet after ducking his head in the water tub; and the picture of a grampus swimming head first into a brick wall seemed to describe how he'd felt at that moment. Ferris seemed satisfied, but Croucher said to Barrow:
'With the witness's consent, you'd better put that down as "Yes, he appeared dazed." Is that correct, Brown?'
'Better make it "very dazed", sir.'
'Carry on, then.'
‘Well, there aren't much more to it. Mr Ramage got a round turn on 'iself in a moment or two and took command.'
Brown obviously thought that was all the evidence he needed to give, but Croucher said, 'Well, go on to describe the surrender of the ship.'
Briefly Brown told how by cleverly wearing round the Sibella at the last moment so that her foremast collapsed over the side and acted as an anchor, Mr Ramage had given the unwounded men a chance to get into the boats and escape in the darkness, and left the wounded to surrender the ship.
'Thus the wounded were abandoned to the French?' asked Captain Blackman.
'You could put it like that, sir,' said Brown, making it clear that anyone who did would be a fool or a rogue. 'But we was mustered in three divisions: the dead - and they didn't care; the wounded, who couldn't get a mite o' medical attention 'cos our surgeon and his mate was already dead; and them of us who weren't wounded and didn't want to be prisoners of the Frenchies.
'Apart from that,' he added, 'there's the Harticles of War. Number Ten, last bit, about "if any Person in the Fleet shall treacherously or cowardly yield or cry for quarter", so it wouldn't 'ave been right for us who wasn't wounded to let ourselves be taken prisoner. And it stands to reason our chaps'd get properly treated by the Frenchies, who mightn't be much in a scrap but at least they don't murder the wounded. But even if we'd been able to get the wounded away in the boats - and we couldn't, mind you - we'd 'ave as good as murdered 'em. Christ!' he exclaimed at the thought of it, 'it nearly did for us that trip to Bastia in the boiling 'ot sun, and we wasn't even scratched.'
'Quite,' said Captain Blackman, who had been trying to stop the Bosun's excited speech, partly because he realized the reason behind his question was now blatantly obvious, and partly because the Deputy Judge Advocate was waving desperately with one hand and scribbling away with the other.
'Quite!' he repeated. 'Please pause after each sentence - the Judge Advocate simply cannot write at that speed.'
Clearly Brown thought that at last he had completed his part in the trial, but Captain Croucher said:
'Continue your narrative until the time you arrived in Bastia.'
The look of surprise on Brown's face could hardly be lost on the members of the court, Ramage thought, but if it was, Brown's next remark drew attention to it.
'I hope as 'ow I'm not incrimuanatiug meself - or anyone else - by going on like this, 'cos that's got nothin' to do with surrendering the ship.'
'You are not charged with anything so you cannot incriminate yourself,' said the Deputy Judge Advocate.
'No, I'm not charged with anything yet,' he retorted, 'but that's not to say the trip to Bastia's got anything to do with sinking the Sibella or why Mr Ramage is on trial. Nor's it to say I won't be charged later on.'
'Get on with your evidence, man,' said Captain Croucher impatiently, 'you've nothing to fear if you tell the truth.'
After Brown had described the voyage to Bastia, he declared: 'Well, that's all I've got to say.'
Captain Croucher glanced up. 'That is for us to decide. As it happens I have no questions. Have any of the members of the court anything to ask this witness?'
'Where was Mr Ramage standing when he gave the order to wear ship?' asked Ferris.
'On the nettings by the starboard mizen shrouds,' said Brown. 'He shouted at the Frenchies from there. I thought he was mad to stand up exposed like that, if you'll forgive me saying so, sir, 'cos apart from anything else if 'e got shot it meant I was in command again!'
Ramage realized that Ferris would not be one of Captain Croucher's favourites by the time the trial ended: clearly Ferris wanted to underline the fact that Ramage had not been skulking somewhere out of the way of shot.
'No more questions?' asked Croucher, in a voice that defied anyone to speak. 'Well, the prisoner may cross-examine the witness.'
Anything Ramage said now could only be an anti-climax after Brown's bluff, honest and forthright narrative.
'I have no questions, sir,'
'Oh - oh well, read back the evidence, Mr Barrow.'
Only once did Brown interrupt, to make a correction, and that was because Barrow had written that Ramage 'appeared dazed'.
'I said "very dazed",' said Brown belligerently. 'Don't you go taking words out of my mouth!'
'Wait a moment, then,' said Barrow, picking up his pen.
When he continued reading, Brown said, 'You read over that last bit again and make sure you've set it to rights!'
The implication startled Barrow, but he slid his spectacles back up his nose and read it.
'That's right: proceed, Mr Purser,' said Brown, making it clear that pursers should know they could not be trusted.
When Barrow finished reading Brown was allowed to leave the court, and the next witness was called.
Matthew Lloyd, the Carpenter's Mate, marched in and stood precisely where the Deputy Judge Advocate's pointing finger indicated. He was as thin as the planks he so often sawed, adzed and chiselled; his face was long and tanned, as if carefully carved from a narrow piece of close-grained mahogany.
When Lloyd answered Barrow's routine questions about his name, rating and where he had been on the evening of the action, his voice was staccato, each word rapped out as if he was hammering in a row of flat-headed scupper nails. When he related what he knew about damage received during the action, he did it as precisely as if he had been marking out a piece of wood before starting to make some delicate cabinet work for the Captain. His answers were equally precise. No, he did not know exactly how many shot hit the hull because as soon as they plugged one hole another would appear. No, he wasn't sure which broadside it was that killed the captain but he thought it was the fifth; yes, he had been sounding the well up to then and at the time Captain Letts was killed there were three feet of water. Soon after that the ship seemed to be making nearly an inch of water a minute. No, he had not timed it with a watch, he told Captain Croucher, but it was a foot in less than fifteen minutes.
There was no chance of keeping the ship afloat, he told Captain Blackman, because several shot had opened up the hull planking in way of the futtocks, and it was impossible to fit shot plugs from inside the ship. No, he had not reported to Captain Letts that the pumps could not keep up with the leaks because by that time Captain Letts had been killed, but he had reported to the Master.
Yes, he told Captain Ferris, there had been a great deal of damage in addition to shot hitting the ship on the waterline; but he'd only mentioned those 'twixt wind and water because there were so many and they were his special concern.
The first he knew of Mr Ramage being in command, he told Captain Blackman, was when Mr Ramage sent for him and asked the extent of the damage. What were Mr Ramage's exact questions? It was difficult to recall precisely but he remembered being very surprised that the Junior Lieutenant - if Mr Ramage would excuse him saying so - should be so thorough; and as soon as he was told the depth of water in the well Mr Ramage had worked out how many tons had flooded into the ship, roughly how much buoyancy remained, and how long - allowing for the fact that the lower the ship sank the faster the water would come in through the shotholes because the pressure increased with depth - the ship could stay afloat.
'Yes, I know you know all about that, sir,' he said to Captain Blackman, 'but I'm giving my evidence and I'm describing what Mr Ramage said and did, and he was speaking out loud because - as far as I could see - he'd only just recovered from being knocked unconscious. Marvel to me,' he added, 'that he could work it out in his own head, anyway.'
'Mr Ramage had worked out roughly how long it would be before the ship sank?' asked Ferris.
'Yes - between sixty and seventy-five minutes.'
Ramage noticed Croucher was becoming increasingly restless: Ferris's questions were clearly annoying him, although Ramage knew that Ferris was only concerned with getting at the truth; while Blackman was, from Croucher's point of view, asking the wrong sort of questions: the Carpenter's mate was a steady man with a good memory, not at all intimidated by Blackman's hectoring manner. Blackman's blatant attempts to discredit Ramage were in fact only drawing attention tohis thoroughness.
Finally Captain Croucher's restlessness became obvious even to the willing Blackman, who stopped questioning Lloyd.
'Has the court anything else to ask this witness?' asked Croucher. 'Very well, the prisoner may cross-examine.'
There were only two points to make - purely for the record.
‘You definitely remember my estimate of the length of time before the ship sank, with the damage there then was and the pumps out of action?'
'Yes, sir, quite clearly: particularly as you said it in minutes, and not "between an hour and an hour and a quarter".'
'How long, in your estimation, passed between my making that estimate and the French setting the ship on fire after we had left?'
'More than half an hour, sir.'
'Why do you think they set her on fire?'
Captain Croucher interrupted: 'Opinion is not evidence, Mr Ramage.'
'If you'll forgive me, sir, I am questioning the beliefs of a professional man about his own subject, not asking his opinion.'
'Don't argue with the court.'
Ramage bowed and turned back to the Carpenter's Mate: the question was perfectly in order, but it was unnecessary to argue with Croucher since it could be asked in another way.
'If I had ordered you to lay a fuse to blow up the ship at that time after I made the estimate, could you have obeyed?'
'No, sir.'
‘Why not?'
'The magazine and powder room would have been under water, sir.'
'But if instead I had given you orders to destroy the ship, what would you have done ?'
'I could only have set her on fire, sir, like the French did.'
‘Now, given that you had an unlimited number of men to help with repairs and that the pumps were working, could you, from the time I took over command, have saved the ship from sinking?'
'No, sir, most definitely not'
'I have no more questions to put to this witness, sir,' he said to Croucher.
'Very welL The court has nothing else to ask, so call the next witness.'
'Call Count Pisano,' said the Deputy Judge Advocate.
Ramage had been waiting for this moment: so far the trial seemed to be going his way: he'd bluffed Croucher into leaving Gianna's speech in the trial minutes; thwarted his attempt to drop the whole case once the interruption was made; and the Bosun and Carpenter's Mate had given favourable evidence. Now all he had to do was prevent Croucher bringing in Pisano as a witness.
Ramage said to Captain Croucher: ‘Would you wait a moment, sir: this gentleman's name does not appear on the list of witnesses in support of the charge which the Deputy Judge Advocate sent to me.'
Croucher gave such a disarming smile that Ramage knew he'd made a mistake: he was not sure what it was, but Croucher was about to checkmate him.
'The Deputy Judge Advocate,' Croucher said politely, 'will explain the position to you.'
Ramage needed time, so he quickly stood up. 'Perhaps the court should be cleared while the point is argued.'
'There is nothing to argue about,' Croucher said sharply. 'Carry on,' he told Barrow.
The man stood up and adjusted his spectacles.
'A similar circumstance arose in a court martial in January of last year,' he said pompously. 'A court martial held, incidentally, here in Bastia. The court referred the question to the authorities in London. The Judge Advocate General gave his opinion on it, in a letter dated May 22, 1795, of which I have an attested copy here, saying: "If any person at hand, and who can without delay be called upon, is supposed to be capable of giving material testimony, I have not a doubt that the court may require his attendance and examine him."'
Ramage leapt to his feet just as Ferris was about to speak.
'Judge Advocate General, did you say?'
‘Yes," Barrow said smugly.
‘What has he got to do with it?'
'I do not understand you,' interrupted Croucher.
'The Judge Advocate General, sir,' said Ramage, 'is concerned only with Army affairs. I hardly need remind you that legal matters concerning the Navy would be the responsibility of the Judge Advocate to the Fleet. Am I to conclude the opinion was given on an Army court martial?'
Croucher glanced at the Deputy Judge Advocate, and Barrow said sheepishly, 'Well yes, sir; but we have no reason to suppose the Judge Advocate to the Fleet would differ in opinion.'
'That is a matter of opinion, and opinion is not evidence,' said Ramage. 'However, my point is that it's the custom of our Service to notify an accused person of the witnesses being called against him.'
But he knew they'd over-rule him, so he decided to forestall Croucher's little victory.
'However, I'm not objecting to any particular witness, because I am sure the court' - Ramage could not keep the irony out of his voice - 'is anxious to arrive at the truth.'
'Very well,' Croucher said impatiently, and told Barrow to call Pisano, who strode in through the door with an expression on his face as if he regarded himself as the most important guest arriving at a gala ball. He ducked under each beam, although his head would have cleared it by a couple of inches -clearly he had banged himself so much in the smaller Lively that he was taking no chances - but, thought Ramage, instead of making an entrance da grande signore, he looked more like a puffed-up pigeon strutting jerkily across a piazza.
'Would you stand here, please,' Barrow said deferentially. ‘You are Luigi Vittorio Umberto Giacomo, Count Pisano?'
'I have several other names, but they will be sufficient to identify me.'
Croucher interrupted: 'You feel sufficiently recovered to give evidence?'
'Yes, thank you,' Pisano replied stiffly, clearly wishing to forget the episode.
'You will forgive me for certain questions I have to ask you,' said Barrow. 'You are of the Roman Catholic faith?'
'I am.'
'And you are - eh - not under excommunication?'
'Indeed not!'
Barrow put the Crucifix on the Bible and placed them nearer Pisano.
'Would you please place your right hand on the Crucifix and repeat the following oath after me.'
Pisano repeated each phrase, eyes uplifted in what he must have thought was a reverent attitude, and sat down.
'Your English is so good I have no need to offer you the services of an interpreter!' Croucher remarked with an ingratiating smile.
Ramage knew exactly how Pisano would react.
'Interpreter? Interpreter? Am I entitled to one?'
'Of course,' said Croucher proudly, 'anyone whose native language is not English is entitled to an interpreter in a British court of law.'
'Then I wish to have an interpreter,' announced Pisano, crossing his legs and folding his arms, as if to indicate he would not speak another word until an interpreter was produced.
'Oh - ah - well, certainly,' said Croucher lamely. 'Send for an interpreter, Barrow.'
The Deputy Judge Advocate gave Captain Croucher what Ramage took to be a warning look, but said: 'Of course, sir.'
'Send for my clerk,' said Croucher. ‘He can find one.'
The clerk was brought into the court, instructed to find a translator, told to shut up and look when he began to make some protest, and hurried out again, pursued by Croucher's 'And get a move on!'
Croucher sat back, a self-satisfied smile on his face. Barrow looked wretched — obviously he sensed a squall just over the horizon. Croucher's smile began to dissolve when Captain Blackman whispered something, and he turned and spoke to Captain Herbert, sitting on his left. Herbert shook his head and in turn questioned the captain next to him. He, too, shook his head, while Blackman had in the meantime been whispering to the captain on his right, who shrugged his shoulders and spoke to Ferris, who also shook his head.
Croucher reached out for one of the Sibella's logs and began reading, trying hard to appear unconcerned. Pisano, probably piqued at not holding the centre of the stage, indicated his boredom by picking pieces of fluff from his sky-blue breeches (where on earth did he find them? Ramage wondered) and then inspected his finger nails with more concentration, it seemed to Ramage, than he could ever muster for more serious matters.
And, he thought grimly, matters could not be more serious. Croucher was obviously pinning everything on Pisano's testimony, and he must be the last witness they could produce: then he'd make his defence. Should he call the Bosun and Carpenter's Mate? No - there was nothing they could add to their earlier evidence. So there was only Jackson. He would only corroborate what had been said about the Sibella, but he might be useful for the Tower affair and the visit to Argentario.
Yet what could Jackson say? All the deference that Croucher was showing Pisano indicated that, despite Gianna's intervention, he was going to make sure the court believed every word he said.
In that case the verdict was a foregone conclusion. Ramage felt his previous elation evaporate: all those fine resolutions about fighting back, he thought bitterly ... You can't fight without weapons. And that's what his father had found.
But - if Pisano's word counted for so much, then so would Gianna's! Perhaps not with the court, but if she gave evidence it would be recorded and appear in the minutes which Sir John Jervis and the Admiralty would read. And - he could kick himself for only just thinking of it - the court had just ruled someone could be called as a witness without previous warning.
At that moment the clerk returned to the cabin and handed a note to Captain Croucher, who read it, looked at Pisano, and said apologetically, 'I am afraid that owing to some oversight there is at the moment in the squadron only one person versed in the Italian language and he's not available to act as an interpreter.'
'Why not?' demanded Pisano insolently.
.'I - ah - well...' Croucher looked round, as if expecting to see a suitable explanation written on a bulkhead. 'Perhaps you would be kind enough to accept my word for it that he is not available.'
'But if I am entitled to an interpreter I want an interpreter,' insisted Pisano. 'I have a right - you said so yourself: I demand my rights!'
'I regret,' Croucher answered heavily, 'that the only interpreter available is Lieutenant Ramage.'
Pisano's manner had clearly nettled him; Ramage thought he might even be having some regrets at having to use, such an unpleasant man as a weapon: even Croucher must have scruples, and probably shared the average British naval officer's distrust of all foreigners.
'Very well,' said Pisano. 'But I make a formal complaint that I have been deprived of my rights.'
'Sir—' Barrow said apologetically to Croucher. ‘Would you allow me to express an opinion? If the Count simply wishes the court to note that he had not had the services of an interpreter, all would be well. But if he is making a formal complaint, then it might well cause Their Lordships to declare the trial irregular, and quash the proceedings....'
Croucher looked at Pisano. 'Would you agree to it simply being noted in the minutes that an interpreter was not available?'
'What minutes? What are these minutes? Seconds, minutes, hours?'
'No, no!' Croucher said hastily. 'Minutes in this sense is - are, rather - the written record of the trial.'
'Oh. All right then: anything to finish this. I am a busy man,' Pisano added. 'I have a lot to do.'
Croucher said hurriedly, anxious to take advantage of Pisano's agreement, 'Yes, quite, we will proceed at once. The Deputy Judge Advocate will hand you a document" - he waited while Barrow found it and passed it – ‘which I would like you to look at. Do you recognize it?'
'Yes, of course: a letter I wrote.'
'To whom did you address it?'
'That fellow, what is his name? Prodding, Probing ... Probus... anyway the man who commands the little ship.'
'Would you be good enough to read to the court the contents of the document?'
Very neatly done, thought Ramage. But we might as well make it difficult for Pisano. Just give him a minute or two to get into his stride...
'I wrote this report on the disgraceful behaviour of Lieutenant Ramage—'
'The witness is requested only to read the document, I believe,' remarked Captain Ferris.
'Er - yes, pray read the document without any prefatory remarks,' said Croucher.
'All right. I read: "Dear Lord Probus, I demand that Lieutenant Ramage be accused of abandoning my cousin Count Pitti to the enemy after he was wounded on the beach at Torre di Burranaccio and I demand that he further be accused of causing my cousin the Marchesa di Volterra to be wounded by his rashness, negligence and cowardice ...'
Ramage stood up and asked politely, 'Has it been stated if the witness is reading from the original document, or from a copy? If a copy, it should be sworn to.'
‘Mio Dio!’exclaimed Pisano.
'The point is a valid one, sir,' interposed Barrow.
'It is the letter I wrote: my own calligraphy - I recognize that well enough,' said Pisano heatedly. 'It is not a copy -what an outrageous suggestion!'
'The fault is mine,' Barrow admitted wearily. 'I should have questioned the witness about its validity before he began reading.'
'Please continue,' Croucher said hurriedly.
Pisano raised his voice, as if determined to shut out any further interruptions. Ramage noticed that the letter seemed even more hysterical and unbalanced when read aloud by Pisano than when he'd seen it in Probus's cabin.
Pisano was now behaving like an actor playing to the gallery — heavy emphasis here, a significant pause there, and the whole narration accompanied by meaningful gestures with his left hand. He thumped his chest when referring to Pitti being wounded (not his head, Ramage noted); he thumped his right shoulder as he mentioned the Marchesa's wound.
The effect on the six captains was interesting and Ramage, tired of watching Pisano's play-acting, began watching them closely. Ferris was embarrassed and drawing idly on a pad. The captain sitting next to him also seemed to be an uncomfortable spectator. Blackman - rather hard to guess what was passing through his mind: he was a deep fellow and was no doubt trying to visualize the effect of Pisano's letter when read by Their Lordships in the quietude of the Admiralty. However, Croucher seemed to be satisfied and oblivious of Pisano's antics. Herbert and the sixth man both clearly wished they were at sea.
Finally Pisano finished reading and threw the letter on to the table with a flourish.
'The court will question you,' said Croucher.
'I am at your service,' he replied with a bow.
'You saw Count Pitti fall?'
'Yes: I heard a shot and I saw him fall.'
'Did you go to his assistance?' Ferris asked.
'No, there was no time.'
‘Why?'
'Because I knew the Marchesa was wounded and I wanted to help her.'
'But surely there was time to see how badly wounded he was?' persisted Ferris.
'Chivalry and honour dictates that a lady has preference,' Pisano said loftily.
Croucher asked: 'And when you reached the boat?'
'I waited.'
‘For what?'
'For the Marchesa.'
'And then?'
'She came with the Lieutenant*
‘Then?'
'The Lieutenant ordered the men to start rowing as soon as the other sailor came.'
'Did you say anything?'
'Mio Dio! I pleaded with him to wait for Count Pitti!'
'But,' asked Ferris, 'what made you think Count Pitti could walk?'
Pisano paused for a moment. 'I hoped.'
'How far away were the French cavalry?' asked Croucher, trying to change Ferris's line of questioning.
'Oh—' Pisano was clearly unsure what answer to make. 'It was very difficult to tell.'
'When did you first decide that Lieutenant Ramage's behaviour gave you cause for alarm?'
'Oh - before I met him. His plan was madness. I told everyone so. And I was correct: look what happened: Count Pitti and the Marchesa wounded...'
'When,' continued Croucher, 'did you make your complaint?'
'As soon as I met a responsible British officer.'
'I do not think the court has any further questions,' Croucher said in a voice which defied Ferris to say anything. 'The prisoner may cross-examine the witness.'
Pisano stood up at the same moment as Ramage, who said politely to Captain Croucher, 'The witness must still be feeling the effects of the blow on his head. Could he be permitted to be seated again?'
'Oh yes, of course,' agreed Croucher. 'Do please ...'
Pisano sat down, not realizing for a moment or two that Ramage now had the advantage of looking down at him.
'Count Pisano,' Ramage said, 'both the peasant and the Marchesa explained to you before you came to—'
'A leading question,' interrupted Croucher. 'You must not ask questions that instruct a witness as to the answer he is to give.'
'I beg your pardon, sir.'
He turned back to Pisano.
rWhen did you know that there was only a small boat to rescue you?'
'The peasant told me.'
‘How many were there in your original party?'
'Six.'
'How many eventually decided to come in the boat?'
'You know perfectly well'
'Answer the question.'
'Three.'
Why did the others not come?'
'They did not like the plan.'
'But you did?'
'Yes - no, I mean.'
'You did not like the plan, yet you came?'
'Yes.'
'You arrived at the boat first, before any of the rest of the party?'
‘Yes.'
'Then what happened?'
'You know perfectly well: you arrived at the boat carrying the Marchesa.'
'After that?'
'She was helped on board.'
'By whom?'
'The sailors - and you.'
'But not you.'
'No.'
'Did I get into the boat then?'
'Yes.'
The man lied so smoothly that Ramage was thrown off his balance.
'You did not hear me ask one of the seamen where Count Pitti was?'
'No.'
'You did not see me wade back and go up to the top of the dunes?'
'No.'
'Nor call out for Jackson, the other seaman?'
‘No’.'
Croucher interrupted: ‘You do not seem to be pursuing a profitable line of questioning with this witness, Mr Ramage.'
No, Ramage thought: he's just going to lie and lie. And all I've done is put Pisano's original story into the court minutes in a more convincing form.
Croucher told Pisano he could stand down, and then had to explain what the phrase meant.
Then Croucher looked straight at Ramage: there was a look of triumph in his face, and he said, 'The prisoner will make his defence.'
Ramage was just about to speak when Croucher said testily, ‘Haven't you written out your defence? Don't say we have to waste time while you dictate it to the Deputy Judge Advocate? Surely you know by now you should read it and give him a copy?'
'If you will allow me, sir...'
‘Well, go on then!'
'Regarding the loss of the Sibella, I do not feel it necessary to re-call the Bosun and the Carpenter's Mate to give evidence on my behalf: the evidence they have already given in support of the charge makes it clear I did the only thing possible in the circumstances.'
'That is for the court to decide,' commented Croucher.
Was it worth calling Jackson? What could he add? Ramage decided he would not bother. Instead he said:
'Of course, sir. But Count Pisano's evidence introduces another aspect of the case not referred to in the charge, and I wish to call one witness in my defence.'
He paused deliberately, knowing Croucher expected him to call Jackson, and waiting for him to get impatient.
'Well, name the witness, then!'
'Call the Marchesa di Volterra.'
Barrow hurriedly whipped off his spectacles and Croucher banged the table to stop the Marine sentry opening the door and repeating Ramage's words outside.
'You cannot call the Marchesa.'
‘Why not, sir?'
Croucher waved a piece of paper. 'She's not on your own list of witnesses.'
'But the court has already decided it has the authority to call a witness not listed.'
'The court, yes: but not a prisoner.'
Ramage glanced at Barrow and saw he had stopped writing and was watching Croucher.
‘With all due respect, sir, I think this should be recorded in the minutes. I have asked for only one witness. Am I to understand the court refuses to call her?'
'You understand correctly, Mr Ramage. The Judge Advocate General ruled that a person could be called if the court thought that person "capable of giving material testimony". The Marchesa has already told us all she knows; indeed, you insisted her words should be entered in the minutes. The court does not think she can add any further "material testimony" to what she has already said.'
Ramage rubbed the scar over his forehead. The noose was round his neck now: he'd placed it there himself, and now Croucher was hauling in the slack.
In writing, set down in the minutes, Croucher's decision would sound reasonable enough... if only he'd - oh, the devil with it.
'Very well, sir, I would like to call a witness who is on my list. Thomas Jackson.'
Any port in a storm, he thought.
'Carry on, Barrow,' said Croucher smoothly. 'Call the witness.'
When Jackson came into the cabin Ramage felt less lonely; yet he knew his anchors were dragging. The court would pass a verdict involving cowardice, and anyone reading the minutes would agree with the sentence.
The American was smartly dressed: he would have made a favourable impression on an unprejudiced court. Taking the oath and answering Barrow's routine questions, he spoke in a clear voice which had only a slight American accent.
Ramage felt a twinge of conscience as he remembered the American had deliberately made Probus arrest him so that he could be available as a witness, and only a few moments ago Ramage had decided not to call him...
'You may begin your interrogatories,' Croucher told him.
'Thank you, sir,' said Ramage automatically - for a moment his mind had been a complete blank. The Sibella - yes, he'd fill in a few blanks there.
'After Captain Letts had been killed, when did you first see me on deck?'
'As soon as you dragged yourself up, sir.' ‘Dragged?' repeated Ferris.
'Yes, sir: he was very dazed and bleeding from his wound.'
‘From then until we left the ship, for how long were you not at my side?'
'Only a few minutes, sir.'
'What instructions did I give you prior to leaving the ship?'
'Several, sir, but you told me to get the charts and logs, and I helped you find the Captain's order book and letter book.'
'If you had been left the senior surviving rating, what steps would you have taken to keep the ship afloat?'
Would Croucher allow that?
'There were no steps that could be taken, sir: she was sinking too fast'
Good: he'd try another one.
'If you had been in command, how would you have safeguarded the wounded?'
'I don't know, sir,' Jackson said frankly. 'The way you did it was the best, but I'd never have thought of it'
'Now, the night we took off the Marchesa di Volterra and Count Pisano: will you describe what happened from the time we first heard them approaching us?'
'Yes, sir. Well—'
At that moment the door of the cabin rattled violently as someone knocked on the framework. It was an urgent knock; a knock intended to warn Captain Croucher the reason for the interruption was important.
'Give way, there! Come in!' roared Croucher.
A lieutenant hurried up to the table and handed Croucher a note. He might, for the look of anger spreading over Croucher's face, have just cheated him out of five years' prize money.
'The court is adjourned indefinitely,' he announced. 'Barrow, inform the witnesses accordingly. You are freed from arrest,' he told Ramage. 'Of course you must hold yourself ready for when the court meets again,' he added hastily, as if realizing he was revealing his anger a little too openly.
At that moment the dull boom of a single gun echoed across the anchorage - from seaward, Ramage noted.