From Here to Eternity_ The Restored Edit - Jones, James [300]
“Well, of course,” Lt Culpepper said enthusiastically, “that is your right. But I’m sure you will change your mind when I lay out our strategy for you.”
“No I wont,” Prew said.
“When you understand it is absolutely legally impossible to get you an acquittal,” Lt Culpepper went on enthusiastically. “They’ve got Wilson and Henderson as witnesses, and Sgt Galovitch’s own sworn statement, swearing under oath you were drunk and that you struck Sgt Galovitch when he remonstrated with you for causing a disturbance after lights out. We cant beat that.”
He showed Prew the charges. Prew was charged with Drunk & Disorderly, with Insubordination, with Disobeying A Direct Order, and with Striking A Non-Commissioned Officer In The Performance of His Duty. He was also charged with Conduct Unbecoming To a Soldier. They were recommending a Special Court.
“As you see, its practically the same lineup they had on Maggio,” Lt Culpepper beamed, “except for the Resisting Arrest.”
“Dont you reckon they could work that one in too some way?” Prew said.
“However this is all within the Regiment,” Lt Culpepper said. “Whereas with Maggio it happened downtown and the Department Provost Marshal’s office came into it. In your case though, its only Capt Holmes your Company Commander who preferred the charges against you. So even with this Special Court, you cant possibly get more than three months and two-thirds.”
“That’s good,” Prew said.
“And if we work it right,” Lt Culpepper said, “we can make it even less. But they’ve got the goods on you right, and theres no doubt you are guilty. Also, you have gotten yourself on just about everybody’s shitlist in the Regiment. They’ve all more or less got it in for you and you’ve got a bad reputation as a bolshevik and a fuckup since you came to G Company. And of course that makes a tremendous difference, since its all politics anyway, you see. They’ve really got you.”
“I can see that,” Prew said.
“Well, thats why I want you to plead guilty,” Lt Culpepper said triumphantly. “We have to fight it the same way. Politically. Not with this legal crap. I’ve made a study of these things, Prewitt. I wrote a very radical term paper for that course in courts martial procedure that created a hell of a hullabaloo at the Point. Got me all sorts of recognition. I pointed out how legal procedure has always tacitly been concerned with human relations, rather than abstract justice, and that consequently in spite of legal codes it is really the human relations underneath that determine the verdicts in the courts. And that, of course, means politics. You see? You understand that?”
“It sounds reasonable,” Prew said.
“Reasonable hell!” Lt Culpepper exploded. “It was a veritable bomb. I proved conclusively that there just aint no such thing as abstract justice, simply because all legal decisions are influenced by the temporary inconstant of public feeling. For my best example. I used the imprisonments of Debs and the 101 IWW Wobblies during the last war, which could never have happened without the high public feeling because of the war hysteria, not only because it was legally unsound but because Landis would never have dared do it in ordinary times. Then I brought in the political angle by showing how Darrow, who had defended the Wobblies before out west, had suddenly developed business that prevented him from defending them this time. You see how it all ties in together?” Lt Culpepper said enthusiastically.
“Oh, it was a beauty of a paper, Prewitt. Why, I even prophesied the time would come—after this next war, and the resulting civilian army—when EM would be allowed to serve on courts with officers! But, I pointed out also, that it would actually still be the same