by Bill Mesce
“Major Joyce,” Courie began, flipping open the fresh folder handed him by Alth, “how long have you been the executive officer for the 3rd Battalion?”
“I shipped over in November of 1943.”
“To Italy.”
“Yes. Correct. Colonel Porter had moved up to take command of the battalion the previous month.”
“He had commanded one of the rifle companies prior to assuming command of the battalion?”
“Yes.”
“Having served as the man’s exec for more than a year, I imagine you’ve formulated an opinion about him?”
“I believe we enjoyed each other’s company. On a personal level, I mean. Professionally – I mean in a military sense – we had a very good working relationship, though I can’t say we were always in complete accordance on things.”
“Such as?”
“Any, um, number of issues. I would say a variety of issues, yes.”
“Such as policies on how the men should be managed?”
“For example, yes.” Joyce crossed his twiggish legs, left over right, seemed unhappy with the pose, then re–crossed them right over left. “Yes, that would be one area of disagreement.”
“Difference of opinion in combat situations? On tactical issues?”
“Yes, that as well.”
“Could you illustrate those differences for us, Major?”
Joyce cleared his throat several times. “Yes. Illustrate them? Certainly. Well, for instance, as a rule, the major tended to hesitate in a combat situation, and allowed a situation to develop. He was very uncomfortable committing the battalion into a, um, predicament where there was some question about what the end result might be. I, on the other hand, recognize that a commander does not always have the luxury of waiting. I’m sure the gentlemen on the jury know what I’m referring to when I say that often a combat situation can be highly, um, fluid and volatile, yes, volatile. Opportunities to win the day can open and close in minutes.”
“Yet despite these philosophical differences, you managed a good working relationship.”
“Yes, despite our differences. I also mentioned, remember, that we had a good, a strong personal rapport. That allowed us to negotiate our differences and provide for effective leadership of the battalion.”
“How well did you know Lieutenant Sisto?” Courie stood aside to allow Joyce a look to the defense table. From where I sat I could not see Sisto’s face, but his right hand rose in a wave of mock cordiality.
It was then I noted that Harry was not busying himself with his usual note–taking. He sat forward in his chair, keenly studying the man still trying to find a comfortable position in the witness chair. He seemed – and this is pure conjecture on my part – more interested in the manner of the man than his testimony.
“I have something of an acquaintance with the lieutenant,” Joyce answered.
“Major Joyce, there are over 800 men in your battalion – ”
“Eight hundred and thirty–six when at authorized strength.”
“ – eight hundred and thirty–six, thank you, and we have heard testimony that the battalion experienced a regular turnover when in Italy. For much of that time, Lieutenant Sisto did not rise higher than the rank of buck sergeant: a squad leader. How did you come to develop an acquaintance with him?”
“I would say, upon reflection, it begins with the incident, the occurrence that came out of the Rapido River crossings.”
“You mean the lieutenant’s action of re–crossing the river – ”
“Yes, yes, precisely! That action! As you said, the lieutenant was a squad leader at that particular point in time. Some of the gentlemen on the jury may know that casualties among lieutenants – platoon leaders – are disproportionately high. So, as it happened, it would occur that the lieutenant – then Sergeant Sisto – would come to be acting platoon leader, sometimes for days at a time until a replacement could be instituted, installed, you know. In such a position it would come about that I would, on occasion, hear reports of his actions from his company commander. He would even, at times, depending on the circumstances mind you, be included in planning briefings for certain operations.”
“It sounds like, over time, you found yourself dealing more and more with Lieutenant Sisto on a direct basis.”
“Yes, I would put it that way, over time, yes, correct.”
“Your opinion of the lieutenant?”
“A good soldier. A fine soldier, actually, in terms of combat. An able fighting man. He also had positive qualities – assets – as a small unit leader.”
“I sense you had some reservations, though.”
“Reservations? Yes, qualms, you might say. If I had to qualify what I’ve just said, I would say…” his face wrinkled as he tried to dredge up something of sufficient literary caliber, but he could find nothing “…um, well, I suppose you could say, one might say the lieutenant could appear a bit rough around the edges. You know. Rough.” His face brightened at moving on to something that leant itself more easily to florid orations. “Ah, but the main factor, the main point of friction, I would say, was his inability to obey without hesitancy or question. I often gathered the impression – and I believe Colonel Porter agreed with me – that the lieutenant felt his combat experiences warranted a voice in operational planning for which his rank did not provide.”
I could see the concern on Courie’s face. He had evidently noted – as I had – that the captain’s bent toward multi–syllabic presentation was not all that welcomed by the gruff–looking members of the jury.
“Simply put,” said Courie, and there seemed an urgency to it, as if he was suggesting to the captain that “simply put” become Joyce’s credo, “he could be argumentative.”
“Yes, at times.”
“To the point where he was a discipline problem?”
“Um, well, not in a militarily criminal sense. However, it could be difficult to get him to observe all the, um protocols. Proper respect and so forth. You know.”
“Yes.”
“Again, I think it was a matter of his combat experience – this is in his eyes, the lieutenant’s eyes – he felt this exempted him from some of the formalities.”
“Major, within the same four–week span – from the time of the Rapido River operation into the following month – then–Sergeant Sisto was recommended for a Silver Star, and also summarily court–martialled under Article 96 of the Articles of War. I think you’d agree that most people would find that range of action striking: from an award for valor to being busted down within a month.”
“Yes, well, it’s not as paradoxical as it seems,” Joyce replied, looking eager to explain. “In fact, that very much illustrates what I’ve been saying. The award was a testament to his fighting abilities. The Article 96 applied to his conduct off the line, though the unit was still in an operational area.”
“The particulars of the incident have been testified to. The defense seems to be of the opinion that the incident was simply a matter of boys will be boys.”
“Objection,” Harry said, rising. “That’s the Judge Advocate’s characterization: not mine.”
“Sustained,” Ryan ruled.
“Withdrawn,” Courie declared. “Major Joyce, did you and Colonel Porter think the incident was a serious infraction?”
“I did more than the colonel, but yes.”
“Why? The men were not on the battle line.”
“It was not – as I saw it – the issue of the act itself, which, I grant, could be perceived as minor. However, the underlying issue of discipline, that I found serious. The battalion was in an operational area. We could have been called up to the line at any time. If it had been simply a case of the lieutenant allowing himself to compromise his readiness by getting drunk, that would have been one thing. But he was responsible for other men, the men of his squad. If there had been a need to bring them up to the MLR, in their condition…my feeling, my stand, if you will, was that he had placed their lives
in jeopardy along with his own.”
“Was this the lieutenant’s first breach of discipline that you noted?”
“Actually, in point of fact, I was not completely in favor of the recommendation for the Silver Star. There’s no denying the lieutenant showed great personal courage when he re–crossed the river, but, again, he put the men under him in, um, at risk. It was an unauthorized act, which, being the case, he did without proper fire support.”
“He just ran off and did this on his own.” Courie was looking for an effective abridgement.
“Yes, a renegade operation you might say. He was lucky – fortunate, quite fortunate if the truth be told – to return with as many men as he did.”
“So, if you’d been in command, you would not have signed off on the Silver Star recommendation?”
“I would not reward a man in a position of responsibility for putting his men unnecessarily at risk.”
“Then, to you, there really was no paradox between the action that earned the lieutenant his Silver Star and the action that brought him his court–martial.”
“I felt the discipline issue was the same in both cases.”
“That being that the lieutenant had a tendency – ”
From Harry: “Objection. Do two incidents constitute a ‘tendency?’”
“Withdrawn,” Courie said, then turned back to Joyce. “The lieutenant eventually earned his sergeant’s stripes back.”
“Had I been in command, I don’t know that I would have allowed that, I don’t know that it would have been tolerated. Colonel Porter – I must say this – was not a particularly confrontational person, even with his subordinates. As a result – a consequence – he could be soft on discipline issues. But we had a serious casualty rate in Italy, so, naturally, there was a constant shortage of experienced unit leaders. I suppose, you might say, it was a matter of closing one eye and learning to live with it, with the lieutenant’s, um, deficiencies. But let me say – this should be pointed out – that his conduct did seem to improve when he got his stripes back. My thinking had always been that the disciplining that went with the Article 96 had had its desired effect.”
“At the end of the battalion’s tenure in Italy, Lieutenant Sisto’s company commander nominated him for a battlefield commission to second lieutenant. Colonel Porter signed off on the nomination.”
“Again, I’d have to say that had I been in command I’m not sure I would have done so, and I did counsel Colonel Porter in that regard, that perhaps, no, the nomination shouldn’t be passed on.”
“Because of your concerns about Lieutenant Sisto’s discipline problems?”
“Yes, correct. But, as I said, his conduct had improved. The re–fit in England was going to result in a substantial number of new and untried troops coming into the battalion – the whole division, actually. It, um, behooved us to have our more experienced men in positions of leadership. Regretfully, it seems, with the benefit of hindsight, I must say that my leeriness about putting Lieutenant Sisto in such a command position seems to have been borne out.”
“Objection,” announced Harry. “The witness is offering a conclusion.”
“Sustained,” Ryan said. “Strike that last remark. Jury will disregard.”
“Let’s go to the incident in question,” Courie proceeded. “When did Lieutenant Sisto assume command of Love Company?”
“That would have been during the closing, um, phase you might say, of the second attempt on the hill. The then acting company CO had been seriously wounded, and Lieutenant Sisto was the last commissioned officer in Love Company still in action.”
“What was the lieutenant’s first act immediately upon assuming command?”
“He requested – well, I can’t honestly call it a request. He demanded the battalion be withdrawn from the hill.”
“At that time, all three rifle companies were engaged and lodged in this trench system, yes?” Courie turned to the diagram of Hill 399 and indicated the jagged line along the upper slopes.
“Yes, in that line of trenches.”
“Colonel Porter gave the pull–back order?”
“Yes.”
“Did you agree with it?”
“Um, well, I must admit it was very difficult to get an accurate picture of the situation on the hill. I assume you’ve already heard about the obstacles we had maintaining communications in that area. And battle itself is, by its nature, chaotic as I’m sure these gentlemen on the jury know. The major was usually, um, was prone to err on the side of caution, you might say, and with the scant information we had, his decision to displace from the hill is understandable.”
“That still doesn’t answer my question, Major Joyce.”
The major shifted in his seat, drew himself erect although in his ill–fitting uniform he still appeared slightly hunched over. “It was the furthest up the hill we’d been able to get. We’d actually broken the Germans’ first line of defense; that trench system. I would have preferred to hold, at least until we could get a better picture of the situation, to see if we could possibly exploit our gain rather than withdraw entirely from the hill and have to begin anew with a fresh attack.”
“Colonel Porter ordered the withdrawal, the battalion pulled back from the hill, back to its original jump–off position. What happened next, Major?”
Joyce cleared his throat and shifted about in his seat, preparing for a lengthy recitation. “Colonel Porter then conferred with General Cota’s headquarters about what the next course of action should be. The general conveyed to us orders from Corps that we were to resume the attack on the objective the following morning. We were also informed at that time that replacements were on the way, and that the attack script from Corps called for a pre–dawn attack to try to take the Germans by surprise. Because of our, um, restricted manpower, the script also called for the commitment of all three rifle companies again. Colonel Porter had an officer’s call for the purpose of working out the tactical, um, issues for the attack. Some of the company commanders had noted weaknesses in the German defenses and worked out a script to try to exploit them and make a push to the top of the hill. That detail – the push – fell to Lieutenant Sisto’s company; Love Company.”
“Your opinion of the plan?”
“With the resources we had – at the risk of sounding flippant – it was as good a plan as any. I had some reservations about the reinforcement detail – ”
“That was this ‘pick–up’ company under Lieutenant Tully that was supposed to move up once the assault detail had reached the top of the hill?”
“Yes, the saddle. The hill had two, um, crests… We called it ‘The Camelback.’ The assault detail was to try to gain this lower section between the two crests, this saddle.”
“From what we’ve heard, Colonel Porter was not normally an officer who decided to ‘carry the flag’ himself, so to speak. At what point did he decide he would personally lead the hilltop assault, and – if you know – could you tell us what went into his making that decision?”
“I think we – the battalion staff – we were all of the opinion, the view, that this was going to be the last, um, opportunity for the battalion to take the hill. In all probability, we would not have had the, oh, the resources to mount a fourth attack.”
“Do or die.”
“To be blunt, yes. That being the case, the colonel indicated to me that perhaps his presence might offer some kind of, I guess you would say inspiration to the men not only in the assault detail, but to the battalion as a whole. It was his attempt to rally the men.”
“And your assignment?”
“Because of our communication difficulties, Colonel Porter wanted me at the battalion CP to try to coordinate the different, um, flows of information. I think any commander, such as these gentlemen on the jury, they can tell you that someone actually in combat on the line does not necessarily have the best view – the best overall view – of how an operation may be going, um, unfolding as it were. I think that was a
problem we had on the hill. If one can’t see any further than the immediate ten or twenty yards around – and that appears to be hard–going – one might be oblivious to the fact that opportunities just out of sight are presenting themselves. My job, along with the battalion HQ staff, was to try to piece together that overall picture as the operation developed and advise the colonel on the hill accordingly.”
“Now, Major, we come to that last attack. We’ve come to understand the battalion’s progress in the pre–dawn advance went much slower than had been anticipated.”
“I think there had been an underestimation as to how difficult it would be to navigate the terrain in the dark. And, frankly, with respect to the men, after two days of hard fighting I think they may simply have been more, um, tentative about advancing. We had hoped to be back in the trenches and have someone advancing on the bunker that guarded the approach to the hilltop by sun–up. But by that time, we were running at least two hours behind the schedule in the operational script. Again, because of the difficulties with communications, it was hard to determine, to ascertain exactly what the situation was on the hill, and it became harder still when we lost our hard line connection with the forward OP at the woodsline. When that happened, I decided to move up to the forward OP to make a personal assessment of the situation. When I reached the OP, Lieutenant Tully reported to me that he had seen the flare signaling that the bunker had been destroyed and that he could see the assault team making their way to the top of the hill.”