The Convict and the Soldier

by John P F Lynch

  The next morning, the colonel felt in control of the situation. He had given plenty of thought to what he would say in response to Lieutenant Hall’s letter of resignation. Firstly he would not accept it and secondly he would offer to transfer him to where he wished. He asked his aide to bring him to his office.

  When his aide returned without him, Lang was advised that Lieutenant Hall had sailed for England on the morning’s tide. Colonel Paul Lang, for once, was at a loss for words. He was dumbfounded and sat at his desk staring into space. God, what a mess he had created. What was to happen now? What should he do?

  CHAPTER THREE

  Voyage to the Colonies

  John stood at the stern of the ship and looked across at the rolling green hills of Clare. He wondered if he would ever see them again. The ship heeled to port and headed south out into the Atlantic Ocean with all of its sails full. The sea was calm and he presumed they would make good time if the weather held. As the ship was sailing to Liverpool, he had decided to go to his father’s home and write to the regiment’s commanding officer to seek an appointment. If he had gone directly to Wiltshire Headquarters, he would have breached protocol. It was inappropriate to just ‘turn up’.

  The voyage was quick, as he had expected. The seas were calm and they had good south westerly winds. He wasted no time at Liverpool searching for a coach heading to Penrose. He boarded with his baggage and headed north up into the country he loved.

  The hills and valleys were dotted with livestock and farmhouses with their smoking chimneys. The people they passed on the road appeared a contented lot. They did not have the hardship and misery the Irish were enduring. How different were the English and Irish worlds! He immediately thought of Maeve’s words. The roads were winding through village after village, dropping off and picking up passengers. He dozed at times but woke up at each stop.

  The villages had not changed for centuries with their church spires, cemeteries, inns, market squares and two story dwellings bordering the roads. He felt comfortable and yet sad as he would have liked to be coming home in different circumstances. Penrose was bigger than he though; perhaps some things had changed.

  The coach bounced to a halt and John climbed out looking around seeking a face he knew, but to no avail. He left his baggage with the coach office and asked the clerk to forward it to Lazonby. After paying the clerk, he left to find a friend of his father’s, who owned stables. He found him at the stables, had a quick chat, hired a horse and gig, and set off for home.

  The horse trotted slowly along for about an hour before he stopped at an inn in Brockleton. He knew people in this village. His father had a large farm on its outskirts which employed several locals.

  The innkeeper recognized him immediately and held out his hand in welcome. “And how would you be, sir? I thought you were in Ireland,” he asked with a smile.

  John shook his hand. “Time to come home for a visit. I’d like an ale and a bite to eat, if I may, and could your stableman see to my horse?”

  The innkeeper quickly left to do his bidding.

  John’s father was one of the most influential men in the district, as well as being one of the most wealthy. John was sensitive to his social position and tried to treat everyone as equal. Sometimes other people were the problem, though, and not him. It caused him embarrassment when people treated him differently.

  After the short stop, he remounted the gig and headed down the road to his father’s home, just before the village of Lazonby. It was a pleasant drive with hedges of hawthorn lining the road and enclosing the rolling green fields.

  He stopped at the farm gate and looked at the main building. He was pleased to be back. He climbed from the gig and led the horse to the stables, handing the reins to a farm hand.

  John went to his father’s study and knocked quietly. A voice invited him in. He opened the study door and approached his father.

  His father stood when he saw who it was. Naturally he looked surprised. “Well, to what do we owe the pleasure of your company?” He waved him to take a seat.

  John sat and briefly explained that he had resigned his commission and that he would be seeking an audience with the regimental commandant.

  His father stood up and walked around his study. “Is this the same Colonel Lang that Lieutenant George Russell spoke to Lord Russell about?”

  “Yes,” John answered.

  “Do you wish to continue your military career?”

  “Yes.”

  His father nodded. “Then you should go ahead and write an accurate statement for your defence. Keep it brief, but step by step of the events leading to your resignation. I’ll make some enquires about another direction for your career. However, it is possible that you may never obtain another commission in the British Army, even if you are found blameless.”

  The dinner gong sounded and they left the study to dress for dinner.

  John’s room was as he had left it. As he dressed, his mind turned to his meals in Maeve’s cottage and he mused at the difference in the social atmosphere between the two cultures. It was no problem for him but would, or could, she accept this change to her lifestyle and local customs.

  He went downstairs and entered the dining room. He saw his mother immediately. She rushed to him and put her arms around him, kissing him on the cheek. She was delighted to see him again. His sister, Mary, also came forward and kissed him. She began asking question after question.

  He put up his hand and said, laughing, “Stop. Not yet. Let’s eat first.” They dined and engaged in small talk. The subject of why he had returned was not discussed.

  There was one person missing from their family dinner — John’s brother, David, who was still studying at Manchester University. He had an uncle teaching mathematics there, who was monitoring his performance. John would have liked to have had a full family dinner but that would have to be another time. Instead he enjoyed the chatter of his sister and his mother. Both refrained from asking about his return.

  Mary knew that he would tell his mother and her when he was ready.

  At the end of the meal, John’s father invited him to his study for an after dinner port and a cigar.

  They sat looking out the window, across the fields towards the mountains. They sat in silence enjoying the moment. They were alike — both were ambitious and strong willed, and had similar mannerisms and physical features.

  John’s father started the conversation. “You will need to decide how you will answer the charge. Know your strengths and weaknesses. You must have your evidence itemized and in order. Your witnesses will need to be available during the hearing. Finally, ensure that you show an orderly and logical mind and have the support of a competent legal person.”

  His father’s advice was basic common sense but John agreed with his logic. He would write to the commandant and start planning his defence of his charge the next day.

  ¶

  John knew that he must speak positively and accurately. Every word that he said would be examined in depth, not only from a legal point of view but also from a military perspective. If he wished to continue a military career, his presentation would decide his future.

  John sat at his writing desk thinking deeply about how to proceed, pen in hand, paper before him. After deliberation he decided to state his defence as simply as possible, while ensuring that no relevant details were omitted.

  This decided, he drafted out six statements:-

  a) The orders he had received to secure the artefacts.

  b) The security procedures he had instigated.

  c) The change and reduction of the security procedures by the colonel.

  d) The alleged involvement of the colonel’s son.

  e) Each of the above four points as witnessed.

  f) Details of the names and addresses of the witnesses.

  John forwarded his defence package, including a statement, to the office of the regimental commanding officer.

  He received an immediate response
advising him to present himself for a court martial tribunal at the regimental barracks within ten days. He was surprised at the short notification and he hoped that his witnesses would be able to be in attendance.

  On the day of the tribunal John wore his personal dress uniform as his resignation had not yet been accepted. He was early. After reporting to the tribunal clerk, he took a seat opposite the court room door. When the door opened he could see the bench where the tribunal members would sit. He was nervous when he first arrived but was even more so now.

  Colonel Paul Lang and his wife arrived and sat very quietly in a corner by themselves. His wife looked decidedly ill and extremely nervous. The waiting area was filling up with various uniformed personnel.

  John was glad to see some friendly faces when both Lieutenant Brown and Trooper Miles arrived. They had travelled together from Kilrush.

  Ten minutes prior to the hearing start time the regiment commanding officer and his other tribunal officers arrived in a group and entered by a side door of the court room.

  On the hour an officer opened the court room door and called the named parties, witnesses and observers to enter. After rising for the tribunal to enter and be seated, the various parties and observers sat down.

  The president of the tribunal declared the hearing open and asked for the charges to be read. He then asked if all the parties and witnesses were in attendance. The court officer advised that all were present except Frederick Lang.

  The president looked incredulous. “He is a key witness to this case. This is unacceptable.” He looked to Colonel Lang, who was white with worry.

  “My son is studying in Rome and has taken ill. The situation is beyond my control.”

  The president lent over and spoke in a whisper to his tribunal panel. They conferred for several minutes.

  When he sat back, John could see that he was very angry. He said, “Lieutenant Hall, please stand.”

  John stood; most concerned that something serious was to happen.

  “Lieutenant Hall, the tribunal wishes to give you the option of proceeding with this hearing without the key witness or to defer the hearing. Do you need some time to consider your options?”

  John stood silent for a short time, thinking that it would serve no useful purpose prolonging this ordeal. “Sir, I wish the hearing to continue.”

  The president replied, “Very good. Thank you, Lieutenant Hall.”

  Colonel Lang and his wife looked shocked; they had not expected Lieutenant Hall to proceed without their son as a witness.

  “Please swear in Lieutenant John Hall,” requested the president.

  Taking the bible in his right hand, John swore to tell the truth. He looked at the Langs while taking the oath.

  “Lieutenant John Hall, how do you plead?” asked the court official.

  “Not guilty,” John replied.

  The president said, “As we have a written statement of defence from Lieutenant Hall I believe it would be appropriate to read this paper out. It may help to expedite this hearing.” The court officer read through the statement.

  Then the president summarised the statement.

  “a) Colonel Lang delegated the security of the artefacts to Lieutenant Hall who secured the artefacts in the armoury with Lieutenant Hall having the sole key.

  “b) Colonel Lang moved the artefacts to an ordinary cell to obtain more space for ammunition; the cell had more than one key.

  “c) Lieutenant Hall implemented a log book to record the name of anyone who entered the cell.

  “d) Frederick Lang is recorded as the last person to enter the cell and remove items. i.e. a saddle blanket.

  “Lieutenant Hall, is this a fair summary of your statement?” asked the president.

  “Yes, sir,” replied Lieutenant Hall.

  “Do you have evidence that:-

  “a) Frederick Lang was the last person to enter the cell, and,

  b) that Frederick Lang removed a saddle blanket from this cell in question?”

  “Yes, Lieutenant Brown, who is here as a witness,” replied Lieutenant Hall.

  “Lieutenant Brown step forward and be sworn.” The swearing was duly given.

  “Lieutenant Brown, how can you prove these statements?” asked the president.

  “Sir, I wish to table the record of the last cell entry on the day of the alleged offence.”

  Another tribunal member asked, “How can you be sure that the cell guard did not enter the cell?”

  “The master cell key is held in the commandant’s office, sir,” Lieutenant Brown answered.

  “Thank you,” the tribunal member acknowledged.

  “Colonel Paul Lang, Lieutenant Hall has tendered his defence to the court; do you wish to comment at this stage or take leave to answer when you are called?” asked the tribunal president.

  Colonel Lang sat thinking, when all of a sudden his wife jumped up and shouted, “You are all trying to blame my son. He is sick because of this. He didn’t mean to do it!” She stopped, suddenly realising what she had said and promptly fainted. The colonel sat there stunned. The president immediately adjourned the court proceedings until the next day.

  The court was in an uproar, everyone talking and milling around. As there was now no reason for them to remain, Lieutenants Hall and Brown, together with Trooper Miles moved quietly to a door and left the building without saying a word. They adjourned to a nearby inn where they ordered a round of ale and sat there in amazement. What would happen now? There was no doubt that the charge against Lieutenant John Hall would be dismissed, but what would be the aftermath? They did not stay for long. Each returned to their barracks quarters and had an early night wondering what tomorrow would hold.

  ¶

  They soon found out. The three of them were summoned to be at the commandant’s office at noon. The commandant advised that he had closed the hearing in the morning. He spoke to Trooper Miles first and advised him that he was promoted to corporal and transferred to the Kashmir — far from Ireland. Although he had not been called to give evidence, the commandant wished to ensure that he was not seen to be involved in the hearing. He then dismissed Miles and spoke to Hall and Brown.

  He spoke to Hall first and asked bluntly, “Do you wish to withdraw your resignation, or do you need time to make up your mind?”

  John had already considered his options and had decided to leave the British Army and immigrate to Australia. “Yes, sir. With regret, I will resign my commission.”

  “I accept it with reluctance but I understand your position and I wish you luck in your future. I believe you would have made a good officer and would have had a long and successful career,” said the commandant.

  “Now, Brown, what do I do with you? I have an immediate position for an aide. It’s yours if you want it. It will only be for twelve months but it will give you time to look around and decide your future.”

  Lieutenant Brown sat thinking. This would be good, he would not like to go back out in the field just yet. He would need more seniority to overcome any animosity that he may have engendered through this incident. “Yes, sir, I would be delighted to serve you.”

  “Good, report to me tomorrow.

  “Finally, before you both leave, Colonel Lang has submitted his resignation. His wife is at their home under medical care. It appears that she has had a complete mental and physical breakdown. No penalty will be applied and we will close this infamous event in the regiment’s history. No useful purpose will be served in attempting to locate the Irish artefacts.”

  When John Hall and Lieutenant Brown left the commandant’s office, they found Trooper Miles waiting for them. He was both pleased and relieved with his promotion and his transfer. He had known the risks being a witness against a senior military officer but he had stuck by his principles and supported his friend.

  They went back to the inn and enjoyed a large dinner and several ales. Three friends who might not see each other again — John Hall was going to Australia, Corporal
Miles to join a regiment stationed in Kashmir at the Kyber Pass and Lieutenant Brown was staying in England at least for the next twelve months.

  The next morning Lieutenant John Hall was no more. He was just plain John Hall. He bade goodbye to his army friends, who remained at the barracks, and headed north to Lazonby. He had not brought Duke with him so he had taken the coach to Leeds. He was travelling with only a valise. He had sent his army uniform on a separate coach.

  He was dozing in the early evening when he heard the call of “Stand and deliver”. The coach halted, brakes screeching. A dark figure loomed from the trees with two pistols in his hands.

  The dark figure became a faceless man who motioned the driver to step down and release the baggage in the rear pannier. The passengers sat quietly with a nervous calm, waiting for the highwayman’s next move. The highwayman selected a few small parcels and then motioned the passengers to exit the coach.

  The first two were women. He offered his arm and helped the first lady down. As he turned to help the next lady he placed one of his pistols in his belt. He bowed to the lady and offered his arm to her to help her alight. His head was level with the coach door. John kicked the door violently outwards. The door hit the highwayman in the temple and immediately knocked him unconscious. John and another man jumped out and grabbed a pistol each from the highwayman.

  John looked at his captured pistol and saw that it was well made, and inlaid with ivory. The two pistols were a matched pair; they were the new American Navy Colt revolvers. The highwayman would have no further use for them where he was going so John and the other man, whom John later found was an Irishman named William McMahon, pocketed them; a small payment for subduing him.

  They tied his arms and legs, and then lifted him up alongside the coach driver. There he stayed until they reached the next town where he was locked in a cell.

  The coach driver kept the highwayman’s horse.

  John found out later that the captive was the notorious Gentleman Highwayman. He was eventually hanged for his many years of misdeeds.