Chapter 22
Monday, December 26, 1864
The weather was gray and the sky lowering. It was a perfect day for the trial. Charlie rose early as was his habit, but did not go for his normal morning run. Instead, he took his time, carefully attending to his morning ritual. It would not do for the General to look anything less than perfect in his first formal military appearance. Rebecca and Jocko had carefully changed the insignia on all of his uniforms to reflect his new status. He wanted to do justice to the position he now held, as well as their loving efforts.
It was not a day he was looking forward to. Elizabeth had declared Montgomery competent to withstand the trail. Sheridan, in his usual way, was committed to moving forward without regard to others’ sensibilities. The day after Christmas was back to business as usual. And the most pressing bit of business for Sheridan was Montgomery’s court martial. Once handled, Sheridan could get back to his own command.
As Charlie settled his coat and gave his cravat a final twitch, Rebecca emerged from the bedroom, fussing over which dress to wear. While she had not said anything, it was obvious she was as nervous as a cat before a thunderstorm about testifying.
"Charlie, which do you prefer?" She offered two dresses for his inspection. One a medium blue and the other a dove gray.
"The dove gray, I think, dear. It speaks to your status as a widow, and, whether you like it or not, that does have an impact. Somehow, people find widows to be more believable."
"Oh, that is a lovely thought. Thank you, General." She placed the dress on the bed, then removed her robe with a long sigh. "I hate this, Charlie."
He stepped behind her and gently embraced her, "I know you do. So do I, and for many of the same reasons. But look at what he did to Constance, and what he will probably do to others if he is allowed to go free. The alternatives are unacceptable, dear."
"Yes. I know. I will just be relieved when it is over and we can put it all behind us. Not just for ourselves, but for Constance especially."
"Do you think Constance will be in any condition to testify?"
"I do not think that would be wise, Charlie. She is so weak. We are already afraid of losing not only her, but possibly the child as well. I believe the strain would be too much."
"Well, we will have to ask Elizabeth. In this case, I believe the court would accept Elizabeth’s testimony as to what Constance said. The rules of evidence for a military trial are different from those of a civilian trial. Alternatively, the panel may choose to go to her. I trust General Sheridan to be gentle."
"If that is the case, I would like to be with her, if General Sheridan will permit."
"And if Elizabeth will permit. She is as protective of Constance as a cat with new kittens."
"She is a good doctor and a wonderful friend. She knows Constance probably will not survive the birth and she is doing everything she can to help her in the here and now."
Charlie, who had been buttoning up the back of Rebecca’s dress while they spoke, stopped cold. "She is really not going to survive? Should I try and leave Elizabeth with you and her when we are ordered back to the field? And what about Em?" Although they had discussed it before, and even committed to caring for Em if need be, Charlie had never really accepted the possibility that Constance would not survive.
Rebecca turned slowly and looked at him. "No, Charlie, it has been become more apparent everyday she will not come through this birth. Constance and I have discussed what will become of Emily and the baby. As I have said before, she wants us to raise them. As our own."
Charlie looked deep into Rebecca’s eyes, a bittersweet smile lighting his normally somber features. "Then, my dear, we shall raise them with all the love their mother would have given them herself."
"Of course we will. So think of this when you are away from home. Not only will there be a woman who loves you desperately but also a daughter and possibly a son." She smiled and caressed his cheek. "Of course, it could be another daughter."
"Oh, my God, a house full of women. What will I do with myself?"
Rebecca laughed, and then hugged him. "Come home and love us."
--*--
Charlie had asked Beulah and Reg to clear the ballroom and set it up for the trial. There was a long table set before the fireplace at the end of the hall for the panel of judges. Two more tables were set facing them, with about ten feet of open space between them. A single chair was set to one side at a ninety degree angle to both tables, facing inward. Across from that, a small writing desk had been placed for the court clerk, closing the square. Behind the tables for the defense and prosecution, were several chairs for observers. The room was largely empty, giving the entire setting a stark and somber quality, which was further emphasized by the watery winter light.
Whitman and Samuelson carried Montgomery into the room in an armchair and settled him behind the defense table. Colonel McCauley leaned over to speak to him. Montgomery very pointedly turned his head away, showing obvious indifference to McCauley and complete disdain for the proceedings.
Colonel Howard stood at the prosecution table, nervously flipping through his notes. Elizabeth and Rebecca sat together at the back of the room, while Charlie stood nearby talking quietly with several officers and enlisted men.
The side door opened and Sheridan, followed by Brigadier General Merritt and Colonel James, filed in. The officers and men in the room came to attention –– all but Montgomery, who did not even bother to look at the officers who would decide his fate.
Sheridan, Merritt, and James took their places at the judges’ table, and seated themselves. In a sonorous voice, the clerk announced, "Be seated. This court martial is convened to examine allegations that Major Harrison Montgomery, Commander, Company D, 13th Pennsylvania Cavalry, of Bucks County, Pennsylvania, did, on or about the 8th of July, 1864, aide, abet, encourage, permit, and observe without intervention, while several of his men did, brutally rape one Constance Adams, an innocent non-combatant and resident of the Commonwealth of Virginia. That he did himself participate in that heinous act, committing sodomy. That further, Major Montgomery did on more than one occasion, and acting either without orders or in direct contravention of orders, lead punitive raids against civilian non-combatants, abusing said civilians and removing supplies and other material goods without compensation."
Silence reigned in the room, then Sheridan asked Montgomery, "How say you to these charges?"
A longer silence settled as Montgomery refused to respond. Finally, McCauley spoke, "My client pleads not guilty, Sir."
Sheridan nodded to Colonel Howard. "Then, gentlemen, shall we begin? Colonel Howard, present your case."
Howard cleared his throat and spoke in a rather strained voice. What he had to do was distasteful in the extreme. He was about to ask a group of women to discuss revolting behavior by an officer of the U.S. Army. Just thinking about rape offended this devout Presbyterian; to have to prosecute it was disgusting.
"Sir, I call Dr. Elizabeth Walker."
Elizabeth rose and walked sedately to the witness chair. The clerk bustled over with a Bible in hand. "Do you swear to tell the truth, the whole truth, and nothing but the truth so help you God?"
"Insofar as my Hippocratic oath and the sacred privilege between physician and patient allow, I do."
Howard stepped forward and began his questioning. "Dr. Walker, you treated Major Montgomery for head injuries. Would you describe, briefly, the nature of the injuries and any impact those injuries may have had on his ability to understand the process of this trial and to contribute to his own defense?"