I had suggested that Philpott himself, my C.O., might have some slight
spite against the accused, or asked him why he had applied for a
Court-Martial on this case after hushing up so many worse ones, I think
the Court would have become apoplectic with horror at the sacrilege.
Then again it had been fixed that Travers should be Prisoner's Friend;
he knew more about the Papers and the Summary of Evidence, and so on,
than any one (though as the papers had only been sent down the morning
before, he did not know a great deal). So we left it at that. Travers
was a young law student in private life, but constitutionally timid of
authority, and he made no great show, in spite of the efforts of the
Deputy Judge Advocate, a person supposed to assist everybody. But, as I
have said, perhaps it was as well.
For what they thought of as the 'hard facts of the case' were all that
mattered to the Court, and as related by Philpott and Burnett and
Peters, they were pretty damning. That bit about the 'running' was
fatal. It made a great impression. Both the Prosecutor and two of the
Court asked Burnett, 'Are you sure he was _running_?' If he had only
been _walking_ away from the enemy it would have made so much
difference!
Travers did ask Burnett why was he in the dug-out entrance; and it
showed you what a mockery any kind of cross-examination would have been.
In the absence of short-hand writers every question and almost every
answer was written down, word for word, by the Deputy Judge Advocate.
After a question was put there was a lengthy pause while the officer
wrote; then there was some uncertainty and some questions about the
exact form of the question. Had Travers said, 'Why were you in the
dug-out?' or 'Why did you go to the dug-out?' Finally, all being
satisfactorily settled and written down, the witness was allowed to
answer. But by then the shiftiest witness had had time to invent a dozen
suitable answers. No liar could possibly be caught out--no deceiver ever
be detected--under this system. That was 'being fair to the witness.'
Burnett answered, of course, that he had gone there to inquire if the
working-party had been seen.
Public-domain text, read in full here on John Shaqi.
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