Chapter XIV: The Trial

The sheriff was compelled to leave his prisoners in the hands of the court and hasten on deck to take the wheel, as the ship was short-handed, nearly the whole crew being present on court-martial duty. The prisoners were represented by John Berwick, the engineer, who entered into their defense with much interest and eclat. The specifications were in two charges, it being related:

I. "That Joseph Darlington, a native of New York State, and Thomas Darlington, a native of Missouri," read Jim with sonorous voice. At the word Missouri, John Berwick, the counsel for the defendants, was on his feet in an instant. He said:

"I move this honorable court that specification No. I be quashed, it being therein erroneously stated that my client, Thomas Darlington, comes from Missouri."

"Motion to squash denied," said James severely, not being entirely at home in legal phraseology.

"Then, your Honors, I move to amend, by striking out the word 'Missouri,' and substituting that of New York, this being a manifest attempt to prejudice the case of my client, the prosecution, no doubt, being desirous of proving that this innocent lad was one of the notorious Jesse James gang, that operated in Missouri and the Southwest."

The defendants' attorney stood tapping the table before him with one long finger and gazing earnestly at the court, which seemed to be struggling hard to suppress some deep and hidden emotion.

"The amendment is allowed," gasped Jim, gazing over the heads of the two sullen-looking prisoners. Then the first charge, as amended read:

I. "That Joseph Darlington, a native of New York, and Thomas Darlington, likewise a native of New York, are hereby charged with conduct unbecoming an officer and a gentleman, in that they did on the night of August eighteenth, 18--, feloniously steal through the darkness into the apartments (better known as fo'scle) of one, Peter McCloskey, and of one, Aloyisius Durgan (minor), and did with malice aforethought, disturb the peace, quiet and sleep of the said McCloskey and the said Durgan, by representing themselves to be ghosts, with green faces" (here Tom snickered, but one look from the captain at the head of the table sobered him, indeed, it was the captain's presence on this trying occasion that lent dignity and reality to the scene, for he evidently meant business, and his sternness was rounded out by the impressiveness of his polished dome. When quiet settled heavily once more upon the trial, James resumed his reading of the charge), "representing themselves to be ghosts with green faces, to the grave detriment of the peace of mind of the said McCloskey and said Durgan, and furthermore, causing them severe bodily contusions and bruises upon their limbs while attempting to escape from said ghosts, at the time and place before mentioned, thus unfitting them for active service aboard their ship, the _Sea Eagle_, James Darlington, Master." At this last statement Captain Kerns leaned forward over the table, and regarded the two prisoners with great severity, and they felt in their bones that they were going to catch it. They looked appealingly at Juarez, but he appeared entirely oblivious of their presence.

II. "Furthermore, it is charged that the said Joseph Darlington and Thomas Darlington on the night of the 18th of August, 18--, did resist their superior officer----" Here Tom growled something in the ear of his attorney, who immediately rose to his feet and said, "My client objects to the word superior, as not being true and applicable, he says that the aforesaid officer only thinks that he is superior."

"This objection is overruled," said Jim, the judge, his mouth twitching; "by superior is meant commanding officer."

"Certainly, Skipper," rumbled the captain; "you're right. Don't let 'em give you any nonsense, you are in command of this ship."

Nothing more from Tom, and the reading continued. "Therefore, the two defendants are charged with mutiny on the high seas."

"Are you ready to plead to these specifications?" inquired Jim, looking at the prisoners' counsel.

"We are," replied John Berwick.

"What is your plea?"

"Not guilty, your Honors."

"We will proceed to trial," said Jim solemnly.

"They deserve the rope's end for their impudence," growled the captain.

Old Pete was the first witness and he was much impressed by the dignity of the court, as was evident as he limped in with his hat, or rather cap, in hand. He took the stand, which was an armchair placed facing the court, beyond the end of the table. No sooner had he seated himself than the _Sea Eagle_ gave a sudden lurch to the starboard, and he would have gone, chair and all, into the wall if John Berwick had not caught him.

"Beg pardon, your Honors, but this thing ain't anchored right."

"What is your name?" inquired Jim.

"Peter McCloskey, sir."

"Where were you born, Mr. McCloskey?"

"On a farm near Darien, Connecticut," was the answer.

"What is your present occupation?"

"I am sailor aboard the _Sea Eagle_, sir."

"And where were you on the night of August 18th?"

"I was asleep in the fo'scle of the _Sea Eagle_, sir."

"Tell what occurred, if anything."

This Peter McCloskey did with much enthusiasm and picturesque detail, and then John Berwick, the attorney for the prisoners, started in to cross-examine the witness, who kept himself firmly anchored by means of two large feet outspread at separate angles.

"Now, Peter," he commenced suavely, "tell the court how much you drank on the eventful night of the 18th of August, when you saw these remarkable apparitions."

"Well, your Honors," said Pete, hesitatingly, "you know how it is yourselves. I took a nip before I turned in. Old bones have to be warmed somehow."

"Exactly," said the prisoners' attorney. "Now, McCloskey, tell the court if you were not in a condition to see things on the night in question."

"No, sir, Mr. Berwick, I was as sober as a judge when I woke up and saw those green things staring at me."

"Are you sure, Peter, that you didn't dream all this?" inquired Berwick.

"I didn't dream this, sir," replied Peter, showing a bruise on his leg.

This was quite unanswerable, and old Pete was allowed to go with the honors of war, and he was followed on the stand by the Irish lad, who was a willing witness and had many remarkable things to tell about ghosts, their natures and dispositions and their actions on the old sod of Ireland, where green-faced ghosts no doubt abounded. As his story confirmed old Pete's, things looked dubious for Tom and Jo.

Their attorney, however, made an eloquent plea for the life and liberty of the two prisoners at the bar. He said in part:

"I ask your Honors to deal leniently with these two lads and to recall how much they have had to contend with in their short young lives. They have had only the harshest surroundings. Having come under the baleful influence of Captain Bill Broom, the former owner of this vessel, you cannot rightly blame them for their strong sense of humor.

"I think that a reprimand is due them for their infraction of the ship's discipline and for resisting their _superior_ officer" (a grin from Jim), "but I ask this Honorable Court to remember their tender years and to deal gently with the prisoners. If you do not, I fear that ghosts with green faces will haunt your fevered sleep forever. I leave their fate in your hands."

Bowing low, the attorney for the prisoners sat down. Then the culprits were sent back to their cabin-cell while the judges took their fate under advisement. There was quite a lengthy discussion. Juarez being influenced by his friend, the engineer, was in favor of having the captain give them a severe call down, and let it go at that. While the captain himself favored the rope's end and imprisonment in the lazaret that had not been used since old Broom's day.

It was their resistance to the skipper that added to his severity, for he was a firm believer in discipline. But Jim suggested a more reasonable course that would better favor the ends of justice (which was not the rope's end)--than that which the other two judges recommended. His plan was finally adopted; then the bound prisoners were summoned before the August Court. (That is a pun the writer will have to make for Jo, as he is not in his normal spirits.)

They stood at the end of the table, looking sullen and defiant, and evidently expecting the worst.

"It is the finding of the court that you, Joseph Darlington and Thomas Darlington," read Jim with much emphasis and in a sonorous voice, "are guilty on both charges of the specifications, and by the unanimous judgment of the court, you are sentenced," Jim paused to give due impressiveness to the following words; meanwhile the two boys paled slightly, "sentenced to hard labor, shoveling coal, until Pete and the boy get over their lameness. This sentence to be immediately executed." And it was.

"I'm glad the sentence is going to be executed instead of us," said Jo as he was sent below with his comrade in crime to get busy feeding the insatiable furnace. Altogether the boys were pleased to get off without the rope's end being used on them.

"That was a good sentence, Judge," said John Berwick to Jim after the court had adjourned. "It met the case, for the real damage done was having Pete and the boy laid off on account of their prank."

"That's it," remarked Jim. "Then, too, Jo and Tom are husky and hard workers, and, with them shoveling coal, we ought to get to the coast now in a few days."