For they were just men, according to their views. They would do the
thing conscientiously, and I could not have hoped for a better Court.
But as judges they held the fatal military heresy, that the forms and
procedure of Military Law are the best conceivable machinery for the
discovery of truth. It was not their fault; they had lived with it from
their youth. And since it is really a form of conceit, the heresy had
this extension, that they themselves, and men like them, blunt, honest,
straightforward men, were the best conceivable ministers for the
discovery of truth--and they needed no assistance. Any of them would
have told you, 'Damn it, sir, there's nothing fairer to the prisoner
than a Field General Court-Martial'; and if you read the books or
witness the trial of a soldier for some simple 'crime,' you will agree.
But given a complex case, where testimony is at all doubtful, where
there are cross-currents and hidden animosities, the 'blunt, honest' men
are lost.
To begin with, being in their own view all-seeing and all-just, they
consider the Prisoner's Friend to be superfluous: and if he attempts any
genuine advocacy they cannot stomach the sight of him. 'Prisoner's
Friend be damned!' they will tell you, 'the Prosecutor does all that!
and anything he doesn't find out the Court will.' Now the Prosecutor is
indeed charged with the duty of 'bringing out anything in the favour of
the Accused': that is to say, if Private Smith after looting his
neighbour becomes afterwards remorseful and returns his loot to its
owner, the Prosecutor will ask questions to establish the fact. In a
case like Harry's it means practically nothing. The Prosecutor will not
cross-examine a shifty or suspicious witness--dive into his motives--get
at the secret history of the business, first, because it is not his job,
and secondly, because being as a rule only the adjutant of his
battalion, he does not know how.
The Court will not do this, because they do not know anything about the
secret history, and they are incapable of imagining any; because they
believe implicitly that any witness, officer or man (except perhaps the
accused), is a blunt, honest, straightforward man like themselves, and
incapable of deception or concealment.
Public-domain text, read in full here on John Shaqi.
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