Words Heard In Silence / Xena Uber

by T. Novan

  "Yes, I know. I am prepared to offer him my honest opinion as a physician, Charlie, that is all I can do."

  "What is your opinion, Elizabeth?"

  "Physically he is capable of standing trial. Mentally he is competent to stand trial. He understands what is going to happen. I cannot say I am happy about sending a man I worked so hard to save to the gallows, but he did bring this on himself and there is only so much I can do. I am a doctor, not a miracle worker."

  Richard stood and moved to stand behind Elizabeth, gently patting her shoulder and offering what support he could.

  "No, and I do not ask you to be one. I am just sorry we are in this situation in the first place." Charlie rose quietly. "I will leave you two to your game. Good night to you both."

  He climbed the stairs to Rebecca’s sitting room slowly, thinking of the strains that the next two days would present. As he came into the room, Rebecca was sitting before the fire, absentmindedly brushing her hair. "Good evening, Miss Rebecca. You look lovely."

  Rebecca turned and smiled at him; her smile quickly faded to a look of concern. "And you my darling, look exhausted. Come in and sit by the fire. I will get you a brandy."

  Charlie slumped into the settee in front of the fire and merely nodded his thanks as she put a glass in his hand. He stared moodily into the fire.

  "It is the situation with Montgomery that has you bothered." It was not a question; it was a statement. She settled down next to him, placing her hand gently on his leg.

  "Yes, well, it is always hard to have a man under your command who has turned. Even though I was not in charge at the Wilderness, Wilson was, it is still hard. I am truly grateful I will not have to sit on the panel."

  "Charlie, this is for the best. I am sorry this has happened to a man who, by all accounts, was a good officer, but I also get the feeling from things he has said that he is, and always has been, abusive. He needs to be stopped. Look at what he and his kind have done to Constance."

  "How different is he from Mr. Gaines, dear?"

  Rebecca looked away, staring into the fire. "In some ways, he is. Maybe that is why I feel no sympathy for him. But Mr. Gaines was acting within his rights as a husband, and Major Montgomery is clearly was not."

  Charlie looked at Rebecca for a long moment then wrapped his arms around her. "I think I am beginning to understand. Perhaps it was just a matter of time before Montgomery’s character became obvious to all of us, regardless of what happened to him."

  "I believe that is probably true." She reclined into Charlie's arms, resting her head on his shoulder and gently running her hand over his suit, playing with the buttons. "Em is going to miss you and your buttons."

  Charlie stroked Rebecca’s back, just enjoying the sensation of holding the small woman for a moment. Finally, he asked, "And you, Ma’am. What will you miss?"

  "My heart, for you are going to take it with you."

  Charlie's breath caught in his chest. The intensity of the statement brought home to him, in a way that had never really penetrated before, just how totally his life and his future had changed. He held her closer. "I promise to return it to you in one piece, if it is at all possible."

  "I expect you to return home to me, Charlie. As long as you are alive that is all that matters to me."

  Charlie closed his eyes for a moment, thinking over all the places he had been where coming back alive had been questionable. There was a reason why he was called ‘‘Lucky Charlie.’ Well, from now on, he was going to be ‘‘Careful Charlie.’ "Darling, I will come back. This is home. You are my home."

  "Will I be able to write you? Will you get the letters?"

  "Yes, dear. There will be dispatch riders going up and down the rail line. I will make sure we have a mail stop here. I can make Culpeper a changing station and leave a small force here. I will write you as well, love."

  "I would prefer you concentrate on coming home." She smiled and gave him a kiss on the cheek.

  He nuzzled into her hair and murmured into her ear. "Letters from you will be an inspiration to end the war and come home as quickly as I can, love."

  "Then I shall write everyday. I am sure Em will enjoy writing her Papa as well."

  "And I will read the letters every night and keep them under my pillow to be as close to you as I can."

  She sighed, wishing there was some way the war would end before Charlie was due to leave, but she knew that was not very likely.

  "Rebecca, dear, I do think it will be fairly quick. Lee is besieged; he cannot hold out for too much longer. As it stands now, there is really only one path that has remained open for his supplies, and I am sure we will look to cut that off. You know they say an army moves on its stomach. If we cut the supply lines, they will have to surrender, and then we can start on the work of rebuilding from this horror."

  She nodded but remained silent. The realization that her Charlie was going away and might not come back was truly beginning to settle and weigh on her much like her brother's departure had. She prayed she would not receive that same word again. "Whatever happens, Charlie, just remember, I love you."

  "You have managed to put much of the war out of your mind for a while, have you not, dear? So having the General and his staff here for Christmas rather brought that reality back home for you?" He could feel her nodding against his chest. "My love, I promise, I will be as careful as a man can be. I want to come home, to you, to your arms, to your love. I want to spend the rest of what I hope is a rather long life here with you."

  Chapter 22

  Monday, D ecember 26, 1864

  The weather was gray and the sky lowering. It was a perfect day for the trial. Charlie rose early as was his habit, but did not go for his normal morning run. Instead, he took his time, carefully attending to his morning ritual. It would not do for the General to look anything less than perfect in his first formal military appearance. Rebecca and Jocko had carefully changed the insignia on all of his uniforms to reflect his new status. He wanted to do justice to the position he now held, as well as their loving efforts.

  It was not a day he was looking forward to. Elizabeth had declared Montgomery competent to withstand the trail. Sheridan, in his usual way, was committed to moving forward without regard to others’ sensibilities. The day after Christmas was back to business as usual. And the most pressing bit of business for Sheridan was Montgomery’s court martial. Once handled, Sheridan could get back to his own command.

  As Charlie settled his coat and gave his cravat a final twitch, Rebecca emerged from the bedroom, fussing over which dress to wear. While she had not said anything, it was obvious she was as nervous as a cat before a thunderstorm about testifying.

  "Charlie, which do you prefer?" She offered two dresses for his inspection. One a medium blue and the other a dove gray.

  "The dove gray, I think, dear. It speaks to your status as a widow, and, whether you like it or not, that does have an impact. Somehow, people find widows to be more believable."

  "Oh, that is a lovely thought. Thank you, General." She placed the dress on the bed, then removed her robe with a long sigh. "I hate this, Charlie."

  He stepped behind her and gently embraced her, "I know you do. So do I, and for many of the same reasons. But look at what he did to Constance, and what he will probably do to others if he is allowed to go free. The alternatives are unacceptable, dear."

  "Yes. I know. I will just be relieved when it is over and we can put it all behind us. Not just for ourselves, but for Constance especially."

  "Do you think Constance will be in any condition to testify?"

  "I do not think that would be wise, Charlie. She is so weak. We are already afraid of losing not only her, but possibly the child as well. I believe the strain would be too much."

  "Well, we will have to ask Elizabeth. In this case, I believe the court would accept Elizabeth’s testimony as to what Constance said. The rules of evidence for a military trial are different from those of a civilian trial. Alternatively,
the panel may choose to go to her. I trust General Sheridan to be gentle."

  "If that is the case, I would like to be with her, if General Sheridan will permit."

  "And if Elizabeth will permit. She is as protective of Constance as a cat with new kittens."

  "She is a good doctor and a wonderful friend. She knows Constance probably will not survive the birth and she is doing everything she can to help her in the here and now."

  Charlie, who had been buttoning up the back of Rebecca’s dress while they spoke, stopped cold. "She is really not going to survive? Should I try and leave Elizabeth with you and her when we are ordered back to the field? And what about Em?" Although they had discussed it before, and even committed to caring for Em if need be, Charlie had never really accepted the possibility that Constance would not survive.

  Rebecca turned slowly and looked at him. "No, Charlie, it has been become more apparent everyday she will not come through this birth. Constance and I have discussed what will become of Emily and the baby. As I have said before, she wants us to raise them. As our own."

  Charlie looked deep into Rebecca’s eyes, a bittersweet smile lighting his normally somber features. "Then, my dear, we shall raise them with all the love their mother would have given them herself."

  "Of course we will. So think of this when you are away from home. Not only will there be a woman who loves you desperately but also a daughter and possibly a son." She smiled and caressed his cheek. "Of course, it could be another daughter."

  "Oh, my God, a house full of women. What will I do with myself?"

  Rebecca laughed, and then hugged him. "Come home and love us."

  --*--

  Charlie had asked Beulah and Reg to clear the ballroom and set it up for the trial. There was a long table set before the fireplace at the end of the hall for the panel of judges. Two more tables were set facing them, with about ten feet of open space between them. A single chair was set to one side at a ninety degree angle to both tables, facing inward. Across from that, a small writing desk had been placed for the court clerk, closing the square. Behind the tables for the defense and prosecution, were several chairs for observers. The room was largely empty, giving the entire setting a stark and somber quality, which was further emphasized by the watery winter light.

  Whitman and Samuelson carried Montgomery into the room in an armchair and settled him behind the defense table. Colonel McCauley leaned over to speak to him. Montgomery very pointedly turned his head away, showing obvious indifference to McCauley and complete disdain for the proceedings.

  Colonel Howard stood at the prosecution table, nervously flipping through his notes. Elizabeth and Rebecca sat together at the back of the room, while Charlie stood nearby talking quietly with several officers and enlisted men.

  The side door opened and Sheridan, followed by Brigadier General Merritt and Colonel James, filed in. The officers and men in the room came to attention –– all but Montgomery, who did not even bother to look at the officers who would decide his fate.

  Sheridan, Merritt, and James took their places at the judges’ table, and seated themselves. In a sonorous voice, the clerk announced, "Be seated. This court martial is convened to examine allegations that Major Harrison Montgomery, Commander, Company D, 13th Pennsylvania Cavalry, of Bucks County, Pennsylvania, did, on or about the 8th of July, 1864, aide, abet, encourage, permit, and observe without intervention, while several of his men did, brutally rape one Constance Adams, an innocent non-combatant and resident of the Commonwealth of Virginia. That he did himself participate in that heinous act, committing sodomy. That further, Major Montgomery did on more than one occasion, and acting either without orders or in direct contravention of orders, lead punitive raids against civilian non-combatants, abusing said civilians and removing supplies and other material goods without compensation."

  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."