CHAPTER VIII
Sentenced
THE eventful day fixed for the trial of the two alleged spies came atlast. Hamerton and Detroit found themselves, not, as they expected,in a crowded court, bristling with lawyers, witnesses, and keenlyinterested spectators, but in the same room in which the preliminaryexamination had taken place.
The court was modelled on the lines of the tribunal in the Zabernincident. It was virtually within closed doors, the military andnaval element constituting judges, prosecutors, and witnesses.
Only Von Wittelsbach's warped sense of Imperial devotion, coupledwith his cast-iron belief that the accused were really spies, urgedhim to proceed with his plan. To him it was inconceivable that twoforeigners should be able to navigate a yacht in thick weather and inthe dead of night right up to the strictly prohibited anchoragereserved for the exclusive use of the "Mosquito" flotilla of theImperial German Navy.
He was, of course, unable to form any definite idea of the amount ofimportant information that the alleged spies had acquired. They mighthave gained priceless secrets during the short period the yacht wasat anchor under the lee of Heligoland or they might have had theirplans nipped in the bud by their prompt arrest.
In any case he concluded that the release of the accused would resultin a menace to the safeguards of the empire, and that must be avoidedat all costs.
It cannot be said that his immediate subordinates would have beencompletely in accord with his ideas had the true facts been known tothem. Even Von Wittelsbach had his doubts as to whether he couldovercome their sense of justice and fair play. On the other hand, theofficers--imbued from the day they first donned the uniform of theGerman Empire with the outstanding idea that a soldier mustunquestionably obey orders--were not likely to cause obstacles to thecommandant's plan could he but impress upon them that the prisonerswere spies, and as such a serious danger to the welfare of the State.
Von Wittelsbach was quite convinced in his own mind that once thealleged spies were convicted they would be kept out of mischief tillthe necessity for strict secrecy regarding the naval and militarypreparations of the Fatherland ceased to be of paramount importance.
Great was Hamerton's and his companion's consternation when theyfound themselves indicted under the names of John and William Smith,on a charge of unlawfully obtaining information of the Sathurn,Waalhorn, and Kordberg batteries situate upon the Island ofHeligoland; the Braaknocke, Kalbertan, and Olde Hoven batteries onSandinsel Island; and the submarine and torpedo-boat harbours inSouth Haven, adjacent to the said Island of Heligoland, such actsbeing unlawful and prejudicial to His Imperial Majesty the Emperorand the German people.
For three hours the tedious case dragged on. There was a call forwitnesses for the defence, and, none being forthcoming, the presidentasked if either of the accused wished to give evidence on his ownbehalf.
Through the interpreter Hamerton strenuously denied that either he orhis companion was guilty of spying; that by a sheer fluke they foundthemselves in a prohibited anchorage; and that, had they been asked,they would at once have tendered their apologies and set sail.
"As regards the book dealing with the Schwartz-Kopff torpedoes,"continued the Sub, "I can easily account for its being in mypossession. It fell from the clothing of a German seaman, Pfeil byname, whom we rescued after falling from your torpedo-boat destroyerS167. No doubt the man, if produced, will corroborate my statement."
Von Wittelsbach looked astounded. This admission took him completelyby surprise. Then with an effort he concealed his astonishment andordered the court to be adjourned for luncheon. In the interval hesent for Lieutenant Dort.
"What is this about the Schwartz-Kopff manual?" he asked. "Where isthe one you found on the yacht?"
"I found nothing of that description, Herr Commandant," replied thelieutenant.
"The prisoner says he had one. You must have overlooked it. And nowthat accursed yacht is drifting in the German Ocean with a pricelesssecret stowed away on board. I would give twenty thousand marks toget her back again. Hasten and order the fourth flotilla to cruise insearch of her."
"It is already too late, sir. The yacht was picked up by a Dutchtrawler and towed into the Dollart. I thought----"
"You thought, dolt!" interrupted the commandant angrily. "Yet it maynot be too late. Find out at what port this yacht is lying. Get ouragent there to keep us well-informed of all that occurs. The craftwill doubtless be sailed back to England. After to-day you willcruise off the Dollart. It will not be necessary to keep out of sightof land provided you raise no suspicion. Two torpedo boats will besufficient, or even one. Directly the yacht sets sail our agent willwire to me. I will communicate with you by wireless if you do notobserve her leaving port. Then do something that will enable you totake possession of the vessel without exciting undue attention."
"We could disable her by collision, sir."
"Excellent. Mind you do it; but take care that she is not sunk. Thentow her back here. We will then be able to discover the all-importantbook that this fool of an Englishman has babbled about."
Von Wittelsbach was extremely reticent during the luncheon interval.In his innermost mind he devoutly wished that he had exercised morediscretion before issuing orders that Hamerton and the American wereto be arrested as spies. But the die had been cast. He had taken thefirst step. His iron will must see the business through. And then thecomplication in connection with the torpedo manual? He realized thatif the book still remained on board the yacht it would sooner orlater be discovered. To allow a confidential book like that to fallinto the hands of a foreign Government--the British, above all!--wasbad enough. Add to that the consternation that the discovery of thebook would occasion; and it became fairly evident that there would beembarrassing questions raised by parties interested in the supposeddeceased crew of the yacht. Hence his anxiety to regain possession ofthe _Diomeda_.
When the court reassembled it was merely to conclude proceedings. Theprisoners were found guilty and sentenced to five years' closeconfinement in the fortress of Heligoland.
A confidential report drawn up in Von Wittelsbach's own handwritingwas dispatched to the Admiralty at Berlin, and an official account ofthe trial sent to the Press. The latter had been carefully censoredby the commandant. He felt tolerably safe, except for the fact thatthe _Diomeda_ was not back in South Haven at Heligoland. His secretwas shared by five men only: the others present in the court were,owing to their inability to understand English, ignorant of thematerial facts of the case. Each of those five he thought he couldrely upon, since their career depended solely upon the commandant'speriodical reports to the German War Office.
And strangely enough his motives were actuated by a hatred of theBritish Empire; his deep reluctance to swerve from a resolution onceformed, and an overwhelming desire to serve the Fatherland,completely overruled all sense of fair play.