‘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.’
‘And what did you do?’
‘I instructed the orderly corporal to bring the picket-officer, sir.’
‘So you were then alone with Cornet Daly?’
‘Sir, yes, sir.’
The adjutant turned to the members. ‘Mr President and gentlemen, the prosecution does not intend questioning Serjeant Treve on the period in which there were no witnesses present.’
The president nodded, but the judge martial looked doubtful. ‘For what cause, Mr Barrow? Each of the parties gives evidence under oath.’
Hervey became aware of whispering behind him, Cornet Daly to Lieutenant Beale-Browne.
Barrow resumed. ‘Your Honour, it is the prosecution’s opinion that no good shall come of it.’
‘No good? Mr Barrow, the court is concerned not with “good” but with the law.’
Hervey hoped it would be concerned rather more with justice. And he hoped the judge martial would press to hear the evidence, for he had heard that Daly had become entirely obnoxious during the time before the picket arrived.
‘Nevertheless, Your Honour, the charge against Cornet Daly is substantially proved by the officer’s conduct before witnesses, and with Your Honour’s permission, I will not – at this point at least – examine the witness as to the private exchanges.’
‘Mr Barrow, let me remind you that it is the court which will decide whether or not the charge be proved. Nevertheless, if it is the wish of the prosecution then so be it. Proceed.’
Hervey sighed, but inaudibly. It seemed to him that Barrow was letting off Daly lightly. Why should Treve’s word, on oath, be doubted? He would be as guilty of perjury as Daly.
‘Thank you, Your Honour. Serjeant Treve, tell the court what happened when the picket-officer came.’
‘Sir. Mr Hervey was picket-officer, sir. He came after about ten minutes, not more. He asked what had happened to the colt, and if the veterinary had been called. Sir.’
‘Go on.’
‘Mr Daly said as how it was his business and he wanted Mr Hervey to place me in arrest, sir.’
‘Go on, Serjeant!’
‘Sir, Mr Hervey asked me what I had said to Mr Daly, and I told him what I told you earlier, sir, and said that Mr Daly had been abusive. At that point, sir, Mr Daly said it was a lie and stepped towards me and—’
‘Stepped towards you, Serjeant?’ The judge martial, who alone of those sitting at the members’ table had seen the written witness statements, sounded incredulous.
Hervey was glad of his diligence.
‘Sort of . . . lunged towards me, sir, as if with a sword, though I could see he hadn’t one, sir.’
‘Did you believe it to be in a menacing fashion?’
‘Sir, yes, sir.’
‘You thought Cornet Daly was about to strike you?’
Hervey almost breathed his relief.
But Treve hesitated. ‘To be honest, sir, I cannot recall if I believed Mr Daly was intent to strike me, sir. But he was very angry.’
Hervey groaned.
‘Mr Daly had taken much drink, sir.’
‘Oh, indeed?’ The judge martial looked at Barrow. ‘There is no mention of that elsewhere.’ He turned back to Treve. ‘Did you see Mr Daly consume this drink?’
Barrow’s eyebrows were now rising. He and the lieutenant-colonel had hoped to keep this out of the proceedings.
‘Sir, I did not, sir.’
The judge martial turned to Barrow again. ‘Unless the prosecution intends calling witnesses to testify in very particular terms as to this assertion, I rule that the remark be struck from the record, and that the members of the court take no notice of the assertion. Mr Barrow?’