"Thank you," Wegener said, turning to the defense table. "Do you understand the charges?"
"Huh?"
"What the trial judge advocate just said was that you are being tried for piracy, rape, and murder. If you are found guilty, the court will then decide whether or not to execute you. You have the right to legal counsel. Lieutenant Alison, sitting there at the table with you, is your defending officer. Do you understand?" It took a few more seconds for things to sink in, but he understood all right. "Does the defense waive full reading of charges and specifications?"
"Yes, Mr. President. Sir, the defense moves that the cases be tried individually, and begs the indulgence of the court to confer with his clients."
"Sir, the prosecution objects to splitting the cases."
"Argument?" the captain asked. "Defense first."
"Sir, since, as the trial judge advocate has told us, this is to be a capital case, I beg the court's indulgence to allow me to defend my clients as best I can under the circumstances, and–"
Wegener stopped him with a wave of the hand. "The defense correctly points out that, since this is a capital case, it is customary to grant the utmost leeway to the defense. The court finds this a persuasive argument and grants the motion. The court also grants the defense five minutes to confer with his clients. The court suggests that the defense might instruct his clients to identify themselves properly to the court."
The lieutenant took them to a corner of the room, still in handcuffs, and started talking to them quietly.
"Look, I'm Lieutenant Alison, and I'm stuck with the job of keeping you two characters alive. For starters, you'd better damned sight tell me who the hell you are!"
"What is this bullshit?" the tall one asked.
"This bullshit is a court-martial. You're at sea, mister, and in case nobody ever told you, the captain of an American warship can do any goddamned thing he wants. You shouldn't have pissed him off."
"So?"
"So, this is a trial, you asshole! You know, a judge, a jury. They can sentence you to death and they can do it right here aboard the ship."
"Bullshit!"
"What's your name, for God's sake?"
"Yo' mama," the tall one said contemptuously. The other one looked somewhat less sure of himself. The lieutenant scratched the top of his head. Eighteen feet away, Captain Wegener took note of it.
"What the hell did you do aboard that yacht?"
"Get me a real lawyer!"
"Mister, I'm all the lawyer you're gonna get," the lieutenant said. "Haven't you figured that out yet?"
The man didn't believe him, which was precisely what everyone had expected. The defending officer led his clients back to their table.
"The court is back in session," Wegener announced. "Do we have a statement for the defense?"
"May it please the court, neither defendant chooses to identify himself."
"That does not please the court, but we must take that fact at face value. For the purposes of the trial, we will identify your clients as John Doe and James Doe." Wegener pointed to designate which was which. "The court chooses to try John Doe first. Is there any objection? Very well, the trial judge advocate will begin presenting his case."
Which he did over the next twenty minutes, calling only one witness, Master Chief Riley, who recounted the boarding and gave a color commentary to the videotape record of the boarding.
"Did the defendant say anything?"
"No, sir."
"Could you describe the contents of this evidence bag?" the prosecutor asked next.
"Sir, I think that's called a tampon. It appears to be used, sir," Riley said with some embarrassment. "I found that under the coffee table in the yacht's main salon, close to a bloodstain – actually these two on the photograph, sir. I don't use the things myself, you understand, sir, but in my experience women don't leave them around on the floor. On the other hand, if someone was about to rape a lady, this thing would be in the way, sort of, and he might just remove it and toss it out of the way so's he could get on with it, like. If you see where I picked it up, and where the bloodstains are, well, it's pretty obvious what happened there, sir."
"No further questions. The prosecution rests."
"Very well. Before the defense begins its case, the court wishes to ask if the defense intends to call any witnesses other than the defendant."
"No, Mr. President."
"Very well. At this point the court will speak directly to the defendant." Wegener shifted his gaze and leaned forward slightly in his chair. "In your own defense, sir, you have the right to do one of three things. First, you can choose not to make any statement at all, in which case the court will draw no inferences from your action. Second, you are allowed to make a statement not under oath and not subject to cross-examination. Third, you may make a statement under oath and subject to cross-examination by the trial judge advocate. Do you understand these rights, sir?"
"John Doe," who had watched the preceding hour or so in amused silence, came awkwardly to his feet. With his hands cuffed behind his back, he leaned slightly forward, and since the cutter was now rolling like a log in a flume, he had quite a bit of trouble keeping his feet.
"What is all this shit?" he demanded, again making people wonder about his accent. "I want to go back to my room and be left alone till I can get my own fucking lawyer."
"Mr. Doe," Wegener replied, "in case you haven't figured it out yet, you are on trial for piracy, rape, and murder. This book" – the captain lifted his "Rocks and Shoals" – "says I can try you here and now, and this book says that if we find you guilty, we can decide to hang you from the yardarm. Now, the Coast Guard hasn't done this in over fifty years, but you better believe that I can damned well do it if I want to! They haven't bothered changing the law. So now things are different from what you expected, aren't they? You want a lawyer – you have Mr. Alison right there. You want to defend yourself? Here's your chance. But, Mr. Doe, there is no appeal from this court, and you'd better think about that real hard and real fast."
"I think this is all bullshit. Go fuck yourself!"
"The court will disregard the defendant's statement," Wegener said, struggling to keep his face straight and sober, as befitting the presiding officer in a capital case.
Counsel for the defense spoke for fifteen minutes, making a valiant but futile attempt to counter the weight of evidence already presented by the trial judge advocate. Case summaries took five minutes each. Then it was time for Captain Wegener to speak again.
"Having heard the evidence, the members of the court will now vote on the verdict. This will be by secret written ballot. The trial judge advocate will pass out the voting papers, and collect them."
This took less than one minute. The prosecutor handed each of the five members a slip of note paper. The members of the court all looked at the defendant before and after marking their votes. The prosecutor then collected the ballots, and after shuffling them in his hand about as adroitly as a five-year-old with his Old Maid cards, handed them to the captain. Wegener unfolded the ballots and set them on the table in front of him. He made a note in his yellow pad before speaking.