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?"
"Major Montgomery received a trauma to the head as a result of being kicked by a horse. Upon my arrival, I performed a surgical procedure to repair the splintered skull and relieve the pressure to the brain. Over the course of the last few weeks, there has been marked improvement in the physical aspects of the Major's condition."
"Dr. Walker, during this time, you have spoken with your patient regularly. Have you found him to be lucid, aware, and logically normal in his communications?"
"I have tended to him everyday. I have found marked improvement. He is aware. I expect a full recovery of the physical body."
"Dr. Walker, you have emphasized the issues of his physical health. Would you care to comment on your observations of his mental health, remembering the definition of ‘‘competent to stand trial’ is the ability to understand the law and to differentiate between right and wrong?"
"He is competent. He understands the difference between the two."
Howard drew a large sigh of relief as he checked his papers again and prepared the next round of questions for the Doctor. He really did not think a plea of insanity was reasonable for this situation, but feared Montgomery, when he realized a noose lay at the end of this process, would try and use it. "Dr. Walker, is it true Major Montgomery has made his point of view about Southern citizens clear and that he has publicly stated that all Southern citizens should be punished for the results of this war?"
Elizabeth looked to the back of the room where Rebecca sat. They locked eyes and Rebecca offered her friend as much silent courage as possible with a sincere smile. "He has made such comments."
"To your knowledge, has he made specific comments about events he and his men may have participated in that are contrary to the Military code of conduct toward civilian non-combatants?"
"Yes."
"Would you tell this court what specific statements you have heard Major Montgomery make that specified such actions?"
"I am sorry, Sir. To divulge these things would be in violation of doctor patient confidentiality."
Howard took that in stride, having expected her answer. "Then, Doctor, can you tell me if Major Montgomery ever mentioned Mrs. Constance Adams to you in any context other than the fact that she was assisting in providing him nursing care while he was recovering from his injuries?"
"No, I cannot."
Howard took a breath. "Then, Doctor, let us turn to another subject. Have you had one Mrs. Constance Adams under your medical care during the past weeks?"
"I have." Elizabeth sighed, and then took a drink from the glass of water that had been provided for her.
"Could you describe for us the condition or conditions for which you have been treating Mrs. Adams and the circumstances which led to her current condition?"
"Mrs. Adams is currently in the second stage of a very difficult pregnancy. I am sure you are versed in the circumstances that led to the condition."
"Since the charges here include rape and incitement to rape, can you tell the Court if there is any physical damage or additional stress to her condition that can be attributed to or is the direct result of the rape?
"As you are probably aware, sir, I was only able to start treating Mrs. Adams well after the point of conception. The physical trauma of such an occurrence would have been difficult to determine."
"Doctor, could you tell us what Mrs. Adams’ current condition is? For example, in your opinion, is she well enough to testify before this court?"
"In my professional opinion, she most certainly is not. Her condition is not good. She is weak, barely able to sit up for meals. Subjecting her to this could very well not only kill her, but also the child that she carries."
"Is that child the result of rape, Doctor?"
"Well, if you consider that her husband has been dead for a significant amount of time and that Immaculate Conception can, no doubt, be ruled out, I would have to believe that to be the most likely cause of her pregnancy."
General Sheridan interrupted. "Dr. Walker, if Mrs. Adams is not in any condition to come to this Court, would she be able to withstand some gentle questioning from the panel in her room?" He knew Elizabeth well; if she was getting acidic it meant that Howard was stepping very close to her personal sense of ethics and logic.
"Sir, it is my opinion that Mrs. Adams should not be brought into this matter at all. However, considering the nature and the gravity of the charges, if you really believe it is necessary, then you could question her for a few minutes. But I would request you allow Mrs. Gaines and I to be present as support for Mrs. Adams. She has come to rely on us and she trusts us."
"The panel will take your comments into consideration, Dr. Walker, and will only resort to interviewing Mrs. Adams if we feel it is absolutely necessary." He turned to the prosecuting officer. "Colonel Howard, do you have any further questions for Dr. Walker?"
"No, sir. Dr. Walker, thank you for your assistance."
Elizabeth waited quietly as McCauley whispered with his client and then looked frustrated when Montgomery refused to answer him. He then rose, and walked to stand in front of the waiting physician. "Good morning, Doctor. I would like to ask you some questions about Major Montgomery’s mental condition, if I may. Is it true you have placed a suicide watch on the Major?"
"Yes. General Redmond and I believed that would be the best course of action."
"What specific events, acts, words or attitudes did you observe that led you to take such stringent action?"
"Sir, specific information would be a violation of my oath. Suffice it to say, in my judgment as a physician, it was an appropriate preventative action."
"Would you say Major Montgomery was emotionally unstable? That perhaps he was showing signs of battlefield stress which led him to outbursts of anger either directed at himself or others?"
"Major Montgomery feels a great burden after so much time in the field. The Wilderness Campaign left him emotionally wounded."
"Would you say he may have been so emotionally burdened by guilt and anger after that campaign that his sense of right and wrong was abrogated?"
"No. He is aware of the difference between right and wrong. Good and evil."
"Would you say he understands that rape is wrong?"
Elizabeth sighed, feeling caught between a rock and a hard spot. "Sir, given Major Montgomery's attitude toward the fairer sex, I doubt he would believe it wrong under any condition."
Colonel McCauley cleared his throat, not having expected that response from the normally reserved Dr. Walker. It was definitely time to move on. "Thank you, Doctor, for your frank comments."
Elizabeth left the stand, walking regally back to her seat at the back of the room. Montgomery glanced at her as she passed, examining her as if she were a piece of carrion lying on the side of the road, his face twisted in a vicious glower.
Howard next called Trooper Abel Franklin, the man who had been on duty at Montgomery’s door the day he confessed to Rebecca. After being sworn in, Howard asked Franklin a series of very direct questions about why he was on guard outside the door and what he heard. Franklin answered very honestly and directly. He was on guard because Major Montgomery had at various times, threatened to kill Miss Rebecca, Miss Constance, General Redmond, or himself. The telling testimony came when Howard asked him what happened on the morning of December 18th.
"Mrs. Gaines was sitting with the Major that morning, sir. Major Montgomery became very abusive toward her. When I heard him raise his voice, I opened the door a crack to listen in and make sure she was not harmed."
"Trooper, when you opened the door, could you hear the two of them clearly?"
"Yes, sir."
"What did you hear?"
"Well, first I heard the Major basically call Mrs. Gaines a whore. I thought that was pretty out of line, since she said she was engaged to the Colonel, ‘‘scuze me, the General."
"Yes. Then what, Trooper?"
"He said a lot of pretty insulting things about the General. I thought Mrs. Gaines would get up and leave, or have a hissy on him, but she did not. She just kept listening. Finally, she snapped back at him."
"Snapped back at him?"
"Yes, sir. She told him she understood he was a man who enjoyed watching women being raped. Then the Major really blew up at her. I remember exactly what he said."
"And that was?"
"He said, ‘‘you cannot prove anything, you greedy little whore. It is my word as an officer and a gentleman against the word of that little lying, Bible quoting bitch’."
Howard’s Presbyterian soul was offended already, and he knew it was going to get worse. "Did he say anything else, Trooper?"
Franklin grew pale and entirely embarrassed. He stared at the floor and twisted his forage cap in his hands. "Yes, sir." In a strangled voice he went on. "He described what he wanted to do to Mrs. Gaines and told her she would like it just like Mrs. Adams had. He even told her that after three men had had their way with Mrs. Adams, he had committed sodomy on Mrs. Adams because the more natural way was too messy."
"What did Mrs. Gaines do then, Trooper?"
"I have to say, sir, Mrs. Gaines did better than I would have right then. I would have simply hit him. She got him to say he had participated in the rape of Constance Adams. He told her that no one would believe her over him. But by then, both the Colonel and I had heard him."
"The Colonel was there?"
"Yes, sir. The Colonel, um, General Redmond, you know? He had come up while they were talking, before Mrs. Gaines snapped at the Major. We both heard him."
"Thank you, Trooper. Your witness, Colonel McCauley."
McCauley looked at Montgomery for a moment, hoping for some thread to help him. Montgomery just smiled back at him, a smug, arrogant look.
McCauley turned away from Franklin and walked over to stand beside the clerk. He spoke in a reasonably low tone of voice, and further muffled his words by putting his hand over his mouth. "Trooper Franklin, is it possible you misheard any of the conversation?" The members of the panel strained to hear his words. McCauley was trying to demonstrate that Franklin was not able to clearly hear the conversation between Rebecca and Montgomery through a partially closed door.
Franklin answered promptly. "No, sir. I heard him quite clearly. They were not keeping their voices down and I have always had pretty good hearing. I used to be able to find the squirrels’ nests in my da’s pecan grove by listening for their chattering."
"Thank you, Trooper." McCauley’s shoulders slumped. Everything he could think of was failing.
Montgomery looked bored. McCauley was frustrated. He was honor bound to provide a reasonable defense, but without Montgomery’s cooperation and with the evidence against him building apace, he was unsure as to where to go next.
Howard called Charlie to the stand next. His testimony was almost exactly the same as Franklin’s. It was obvious it was difficult for Charlie to present his testimony calmly, since having heard his fiancéée called a whore and threatened with vicious rape was not an event that any gentleman could discuss calmly.
Finally, Howard called Rebecca.
"Mrs. Gaines, I know this must be very difficult for you. We shall make this as brief as possible. You have heard the testimony of Trooper Franklin and General Redmond. Do you have anything you would like to add?"
Rebecca twisted one of Charlie's handkerchiefs in her hands until she was sure she could feel the threads snapping. Finally she looked up at the man before her. "He knew what he was doing."
"Do you mean he knew he was confessing to a heinous crime?"
"Yes. He knew what he was saying. He was deliberately trying to offend and insult me, by telling me what happened that night."
"The night he and his colleagues raped Mrs. Adams?"
"Yes."
"How do you know this, Mrs. Gaines?"
"He said, ‘‘I dare you to attempt to prove any of it, slut. My word against yours, and my confession, as you call it, is pure hearsay that no court in the country would accept.’"
"Thank you, Mrs. Gaines. Your witness, Colonel McCauley."
McCauley knew when he was defeated. "No questions, thank you."
Sheridan looked at his fellow panel members. "We shall take a short break, then the counsels will have an opportunity to present their summations."
Howard stood. "Gentlemen of the panel, the prosecution waves any need for summation. I feel the testimony speaks for itself."