Uncle Sam's Boys as Lieutenants: or, Serving Old Glory as Line Officers

The Sphere, the other morning sheet, made its appeal to the rougher element of the city. It was through this sheet that Orator Hepburn had been able to acquire much of his local notoriety. Hepburn and Sayles, the latter the proprietor of the Sphere, had been cronies for five years. To Sayles the older Hepburn had gone, taking along with him his "witnesses."

As was to be expected, the Sphere attacked the two young officers, giving wholly the Hepburn version of the affair.

"But this will not be the last of the matter," the Sphere proclaimed dramatically. "There are reliefs to be had from such outrages. Mr. Hepburn has already taken the matter up with a strong hand. Through the night two of our ablest local attorneys toiled at preparing the papers in the case. A formal complaint has been drawn up, backed by the testimony of the witnesses under oath, and all the papers in the case are now on their way to Washington. The residents of this city will soon be in a position to know whether such outrages may be safely committed by officers of our Regular Army, a body of men organized supposedly for the protection of the citizens of the country!"

"Well, wouldn't that blow your hat off?" demanded Lieutenant Noll, as he and his chum went over the account published by the Sphere.

"It's evidently aimed with a view to blowing our heads off," muttered Hal Overton.

"What talented liars there are in this world!" uttered Noll Terry, in high disgust.

"They wouldn't do so much harm, though, if it weren't for the fact that sometimes liars, under oath, manage to get themselves believed," returned Hal.

"Is anybody going to believe this rot?" insisted Noll.

"Some one in the War Department might, not knowing the local reputation of the Hepburns."

"Well, the War Department will know, if it takes any action on these trumped-up, lying charges," declared Lieutenant Noll hotly.

"Of course we won't lie down and tamely submit to such false charges," agreed Lieutenant Overton.

"Going out for a walk this morning?" Noll wanted to know.

"I feel much more inclined to sit here and think this whole thing over," Hal answered, pointing to the lying sheet.

"Hal, if we stay indoors to-day the Sphere will have it to-morrow that we are overwhelmed with shame and fear, and have kept in hiding."

"And, if we go out around the town," laughed Hal, "the Sphere will proclaim to-morrow that we are brazenly showing ourselves and trying to cheek down the charges against us."

"Then we'll take our choice and do as we please," remarked young Terry. "Come along out."

Hal got his hat, and the chums went forth, again in their tennis flannel undress.

The news had not been slow in spreading. They had gone hardly a block when they were stopped by friends, and congratulated on having taught Bunny such an effective lesson.

Others there were, however, who whispered behind the backs of the young officers. Hal and Noll were not slow to catch some of those whispers.

"We're a whole lot more important than we were three years ago," grinned Noll. "Now, at last, we seem to have the town divided into two camps concerning us."

"Three," corrected Hal.

"How do you make that out?"

"One crowd believes the charges against us, and another doesn't. The third crowd isn't sure, or doesn't care."

"One fellow I'm after, anyway," muttered Noll grimly.

"Who's that?"

"Sayles."

"Who's he?"

"Don't you know?"

"I'm afraid I can't recall a party named Sayles," Hal answered thoughtfully.

"Why, he's the pen-hoister who gets out the Sphere!"

"Oh, well, what are you going to do to him, Noll?"

"I'm going to make him prove all he printed in his lying sheet."

"He can – with the aid of the kind of witnesses that he has back of him," Hal reminded his chum.

"Well, we shall have to see if the testimony of such witnesses will 'go' in court," Noll contended grimly.

"Are you going to prosecute the fellow?"

"I'm going to sue Sayles for libel," Noll retorted.

"Is the fellow worth the trouble?" Hal inquired doubtfully.

"No, but our reputations are," rejoined Noll bluntly. "Hal, we are commissioned officers in the United States Army. If that means anything, it means that the United States government certifies us to the world to be gentlemen as well as officers. You know the legal phrase, 'officer and gentleman.' If we lie down tamely, and submit to such libelous attacks as the Sphere made on us this morning, then we do a wrong to the whole body of officers and gentlemen in the Army. The officers of our service have always had to stand a lot of abuse from a certain kind of so-called newspapers. It's time to stop it by hitting any nail that shows its head. We owe it to our brother officers."

"Noll, I'm inclined to think you're right."

"I know I am. Come along, down this street."

"Where now?"

"I'm headed for the office of Lawyer Kimball. He's the best man in town to handle our case."

To the lawyer's office, therefore, the two Army boys went. Lawyer Kimball listened, nodded, accepted their case to do what he could with it, and offered them some advice.

Late that evening each Army boy received a telegram from the War Department, to the effect that a complaint had been lodged against them. They were ordered to remain in town, close to their home addresses, for the receipt of further orders.

Next morning the Sphere had much more to say, and said it jubilantly. It informed its readers that the War Department had taken up the matter and had promised to give satisfaction. There was a further bitter attack on Lieutenants Overton and Terry.

That afternoon Hal escorted his mother to one of the department stores, as Mrs. Overton had some purchases to make. They came face to face with Mrs. Redding. The latter woman started slightly and looked embarrassed. She would have gone by without bowing, but it was impossible for Mrs. Redding to pretend that she had not seen Mrs. Overton and her son.

"Good afternoon," said Mrs. Redding, in a low voice.

Hal lifted his hat gravely as the society woman hastened on.

"She wasn't as cordial as she was the other evening," remarked Mrs. Overton dryly.

"No, Mother; I'm afraid that Mrs. Redding doesn't care to risk going any further with our acquaintance until she knows whether I'm to continue in the Army."

"It won't be necessary for her to go any further," remarked Mrs. Overton cooly. "I don't wish to know her. I am satisfied with my present circle of friends."

"Old friends are always believed to be the best," murmured Hal.

The day after that meeting Hal and Noll each received word from the War Department, containing copies of the complaint, and stating that a court of inquiry would be ordered forthwith, and that the young officers would be informed of the time and place of the meeting of the court.

An officer, when placed formally under charges, is tried before a court-martial, whose members are officers of higher rank than the accused. A court of inquiry, on the other hand, may hear charges in the first instance, and on the finding of this preliminary court the War Department decides whether a court-martial shall be convened.

"You see, Noll, the Hepburns are going right through with their 'case,'" observed Lieutenant Overton.

"So are we," retorted Noll, pursing his lips. "And the best crowd will win."

"Or else the crowd whose witnesses won't hesitate to perjure themselves," Hal muttered.

As the Army boys had just been appointed officers, the immediate present was the best time for getting them out of the service if they were not worthy of places in it. So the War Department acts with unusual speed in such matters. Within a week from the time of receiving the complaint the court of inquiry, composed of three officers sent over from Army Headquarters in New York, was on the scene.

The mayor offered the court the use of one of the council chambers at the city hall, and the offer was accepted.

"We shall soon know," remarked the Sphere, "what the national government's idea of justice is. The culprits face their ordeal to-day!"

At nine o'clock that morning, in fact, Major Elbert, president of the court, rapped for order.

CHAPTER V

THE WAR DEPARTMENT SAYS ITS SAY

FOR witnesses Bunny had rounded up all of his gang of that notable night, with the one exception of Skinny Carroll. It would never do to have Carroll go on the stand and admit that he had been posted as a lookout.

Bunny and all his friends, under the coaching of a local lawyer, had proved themselves expert perjurers.

Even Major Elbert, president of the court, before that body had been in session for an hour, looked as though he believed the case a dark one against the young officers.

The elder Hepburn was on hand. He tried hard to palm off one of his pet orations on the court, but Major Elbert shut him off sternly.

Not one of Bunny's crew told the truth. That wasn't what they were there for.

Hal and Noll attended court, as required, in dress uniform. It was the first time that they had worn these handsome service garments officially, and it seemed a pity that they should have to wear them under such circumstances.

At last Hal was sworn. He told the truth, briefly, clearly, accurately. Then a shady lawyer engaged by the Hepburns undertook to cross-examine the young lieutenant. Hal's testimony was not to be shaken in the slightest detail. The lawyer resorted to abuse, but Hal kept his temper. Major Elbert took a hand, warning the lawyer that he must keep his speech within the limits of gentlemanly use.

Noll went on the stand and told his story. It did not differ from Hal's in any detail, nor was young Terry to be shaken by cross-examination.

Still it was the testimony of two witnesses against that of a dozen witnesses.

Then the policeman who had interfered was called to the stand. He had not witnessed the affray, and so could give no testimony as to whether Lieutenant Overton or Bunny Hepburn had started the affair.

Chief Blake followed.

"Do you know anything of the affray itself?" questioned Major Elbert.

"Nothing," admitted the chief.

The Hepburn lawyer settled back in his chair with a dark look of satisfaction.

"In what way, Chief," queried the major, "do you feel that you can aid this court in arriving at a proper decision?"

"I am here, sir, to testify, if desired, to the characters borne by the complainants and by the defendants."

Chief Blake then went on to state that he had known Lieutenants Overton and Terry for many years, with the exception of the time that they had been absent serving in the Regular Army. The chief stated that the character of each young man was above reproach.

"What do you know regarding any of the complaining witnesses?" inquired Major Elbert.

"I object!" shouted the Hepburn lawyer, rising.

"To what do you object?" inquired the major mildly, glancing at the lawyer. "To having the characters of the complaining witnesses stated?"

"We object, may it please the court, on the ground that the chief of police is not qualified to express a competent opinion."

"We will hear what Chief Blake has to say," decided the president of the court, "and we will pass on the value of his evidence later on."

"'Bject!" snapped the lawyer.

"Be good enough, sir, to sit down!"

Chief Blake began his statement by explaining that the elder Hepburn had been for years a notorious local character —

"'Bject!" shouted the lawyer.

"Sit down, sir" – from the president of the court.

Chief Blake continued his testimony, producing copies of official records to show that the elder Hepburn had been four times arrested for inciting disorder and on similar complaints.

"'Bject!"

"Orderly," called Major Elbert. A sergeant who had accompanied the officers of the court stepped forward. "Orderly," continued the major, mildly, "if this attorney makes any further disturbance, put him out of the room. You should understand, Counsellor, that this is a military court, and that you, as a civilian attorney, are admitted here as a matter of courtesy. The chief of police will now go on with his testimony, and if there be anything in it, Counsellor, to which you wish to take exception, at the proper time you will be afforded an opportunity. But we cannot have the court's time wasted by boisterous conduct on the part of any one present."

Major Elbert's manner was not that of the bully, or of one abusing brief authority. His voice was mild and soft, but he meant business.

Chief Blake continued, testifying that not one of the young fellows in Bunny's crew was a valuable or reliable member of the community. Four of them had been arrested on minor charges in the past, and all of them, Bunny included, had given the police of the town many kinds of trouble and annoyance in the past.

"Chief," inquired the major softly, "what do you feel at liberty to say regarding the truthfulness of any of the complaining witnesses?"

"I wouldn't believe one of 'em, sir, under any oath that could be imposed on 'em," replied Chief Blake bluntly. "In the past my policemen and I have known every one of that outfit to lie repeatedly when accused of different kinds of disorderly conduct."

"Then you believe, Chief, that the complaining witnesses are members of a definite gang, and that they are all wholly untruthful and undependable?"

"To that question, sir, I have no hesitation whatever in saying 'yes.'"

"Have you any more evidence to offer, Chief?"

"I have two witnesses outside, sir, whom I think you would like to hear."

"Will you send for them?"

Bunny and his crew, during the testimony of Chief Blake, which had not been expected by them, had felt partly dazed. They sat either scowling or grinning sheepishly while the new witnesses were being awaited. The elder Hepburn sat behind the younger men, running the fingers of his right hand through his glossy black hair.

When the two witnesses entered, the gangsters started and exchanged glances. One was a middle-aged man, the other Skinny Carroll.

"This gentleman," announced Chief Blake, "is Mr. Robert Enwright. Mr. Enwright's store is at the corner below the scene of the affray now being investigated. Mr. Enwright sometimes sleeps over his store. He did during the night of the fight. He was awakened by hearing this other witness, Carroll, shout a warning that the police were coming. Mr. Enwright looked out of the window and recognized Carroll. So Mr. Enwright notified me, the next day, and I gathered Carroll in. Carroll finally admitted that he had belonged to the Hepburn gang, and that he had shouted a warning to his mates."

Mr. Enwright was then sworn, and substantiated Chief Blake's remarks. Next Skinny Carroll, nervously avoiding the black looks of Bunny and his crew, came forward and was sworn. He told the truth, now, as glibly as Bunny's friends had lied.

"Then, on that night, and at the time of the fight, you did act as lookout for young Hepburn and his friends?" asked Major Elbert.

"Sure," agreed Skinny readily.

"Who told you to act as lookout?"

"Bun Hepburn himself!"

"'Bject!" shouted the Hepburn lawyer.

The sergeant moved over and laid a hand on the attorney's shoulder.

"At what period in the affair," inquired the major, "were you so instructed to run up to the corner to act as a lookout against the coming of the police?"

"Just before de gang closed in," declared Skinny.

"Closed in – for what?"

"T' soak Overton and Terry."

"Then the gang did deliberately combine to waylay and attack Lieutenant Overton and Terry?"

"Surest pipe you ever lit," affirmed Skinny Carroll, in the only style of speech of which he was master.

The Hepburn attorney was then given an opportunity to cross-examine the police witnesses. He did not, however, succeed in shaking any of the testimony.

Within ten minutes more the inquiry was declared closed. Army courts do not announce their findings, which are sent, sealed, to the War Department, there to be acted upon as the President of the United States directs.

For that reason Hal and Noll knew nothing of the nature of the court's findings. Both young lieutenants, however, looked decidedly cheerful as they left the city hall. Skinny Carroll went away under the protection of Chief Blake. The gang melted quickly, Bunny with them, but the elder Hepburn was found down by the gate, ready to fix the two Army boys with one of his dramatic glares.

"Probably you two gentlemen think you have cleared yourselves," sneered the orator. "You feel that you have squared the court and have killed my son's case. But we shall see!"

Hal, for answer, looked straight into Hepburn's eyes with a cold stare of contempt. Noll did not even trouble himself to glance at the fellow.

Four days later the Army boys received long official envelopes from the War Department. The findings of the court of inquiry had vindicated and exonerated both young officers, who would continue to enjoy the full confidence of the President and of the War Department. Further, Lieutenants Overton and Terry were authorized to publish this letter in any way that they chose.

The next morning the Tribune published the letters and congratulated the Army boys.

On the other hand, the Sphere printed a long screed against the government, and against the War Department in particular, and hinted that all Army officers, young and old, stood together in cases like the present one.

Before the day was over, however, Proprietor and Editor Sayles was having his own troubles. He had been summoned to Lawyer Kimball's office, where he discovered that he was about to be defendant in two suits for libel.

"But you can attack public officers in the press," retorted Sayles.

"Only as to their performance of their public duties," rejoined Counsellor Kimball. "You have grossly libeled my two clients in their private life. As they are Army officers, and therefore men of the highest standing as to honor, they can obtain a verdict for large damages."

Sayles tried to bluster, whereupon the lawyer advised him to seek an attorney of his own for consultation. Within a week Sayles knew more about the libel law, and gladly settled out of court to avoid the danger of having to pay much more after standing suit. The amount that he paid was five thousand dollars, and to do this the editor had to put a mortgage on his newspaper plant.

"Five thousand dollars is a nice little pile," remarked Noll, when the Army boys had been summoned to their attorney's office.

"As you have informed me that you regard Sayles's money as soiled, and that you will not use it for yourselves," continued the Counsellor, "I shall stick to my original agreement, which was not to charge you anything for my services unless the case had to go to court. Have you thought how you will apply this money?"

"Yes," came promptly from Noll. "In this town there are eighteen churches, one synagogue and one hospital. That makes twenty organizations in all. Mr. Kimball, will you send each of them your check for two hundred and fifty dollars?"

"Too bad you can't send the donations in Sayles's own name," laughed Lieutenant Hal.

"I can forward the sum to each recipient anonymously," replied the lawyer, his eyes twinkling, "and can state that Mr. Sayles is responsible for the gift."

When Editor Sayles, of the Sphere, received the thanks of eighteen churches, a synagogue and the hospital his face expressed helpless fury rather than good-will toward men.

CHAPTER VI

A SEND-OFF FROM THE "SPHERE"

HAL OVERTON came into the parlor, a few days later, to find his mother studying a pair of visiting cards.

"I was out, a little while ago, and found these cards under the door when I returned," explained Mrs. Overton, handing the cards to her son.

"Mr. and Mrs. Redding," Hal read from the pasteboards. "Shall you return their call, Mother?"

"I don't believe I shall. But you have something there to show me?"

"Yes; I met the postman on the street, and he handed me a letter – from the War Department."

"Your orders?"

"Yes, Mother."

"What regiment? Where are you to be stationed?" asked Mrs. Overton eagerly.

"Which question shall I answer first, Mother?" the Army boy queried, half-teasingly.

"Your station!"

"Fort Butler."

"Where on earth is that?"

"In Texas, on the border."

"Thank goodness, it's in the United States," exclaimed Mrs. Overton fervently. "I was afraid you'd be sent back to the Philippines, or to Guam."

"The Navy garrisons the island of Guam, Mother."

"Well, then, to Alaska, or to some other outlandish place. I'm glad you're to go to some place where I can get on the cars and go to see you."

There was to come a time in the no distant future when her splendid son would be called upon to go where she could not follow – a time when Hal and his associates would be over-seas fighting for the democracy of the world, as well as for the existence of their beloved homeland.

"And some of my first savings as an officer will go to pay your fare, Mother. But you don't seem interested in the regiment, after all."

"Well, which regiment is it?"

"The Thirty-seventh Infantry, Colonel Wheatman."

"Would you rather have gone to the Thirty-fourth?"

"For many reasons, much rather. But I'm contented to go wherever Uncle Sam sends me. That's the only right way for a soldier to feel."

"I would have liked the Thirty-fourth better, too," remarked Mrs. Overton thoughtfully. "The Thirty-fourth is soon due to be back from the Philippines, while your new Thirty-seventh may just be getting ready to start there."

"And the last bit of my news, Mother, is that I am to report for duty with my new regiment on September fifteenth."

"So soon?" cried Mrs. Overton, her voice keen with disappointment. "Why, it seems as though you had come home only yesterday. And now you must run away again."

"All in the soldier's game. But it won't be long before you'll be coming out to visit me."

"You have no house on the post, and you won't have any place to keep me if I come, Hal."

"A bachelor officer, Mother, must be very attentive to the married women on the post. Then one of the married women will invite his mother to visit at her quarters."

"You don't have to flirt with married women, I hope?"

"Not so you could notice it, Mother," replied Lieutenant Hal gravely. "An officer, we are taught in the Army, is the descendant of the knight of old. So the officer must be careful to be always very respectful with all women. If he fails in that obligation his brother officers make his stay in the Army so disagreeable that he's glad to get out of the Army altogether."

"Is the whole regiment stationed at Fort Cutler?"

"Fort Butler, Mother. No; only the second battalion of the regiment. Major Tipton will be my immediate commanding officer. And now you'll excuse me, won't you?"

"You're going around to Noll's?"

"Yes. We made a request that we be assigned to the same battalion. I'm mighty anxious to know whether it has been convenient to grant our wish."

"Does Mr. Ad Interim have anything to with that?" demanded Mrs. Overton.

"I believe not," laughed Hal, then vanished through the doorway.

"Strange to me what complete fascination there can be about the Army," mused Mrs. Overton. "That boy of mine, now that he's ordered to join his regiment again, is wholly and unreasonably happy."

Noll had received his orders just before Hal arrived. Lieutenant Terry was also ordered to Fort Butler.

"There isn't a thing left that we can ask for!" exclaimed Hal contentedly.

"I hope we'll have as good luck with each step upward," beamed young Terry.

"There may come a time in our upward progress when we can't serve in the same regiment," warned Hal. "That will be when we become lieutenant-colonels. The present law allows but one lieutenant-colonel to a regiment, you know."

"Oh, as far as that's concerned, cheer up, chum," grinned Lieutenant Noll. "Before we get anywhere near as high as lieutenant-colonel we may each be occupying a two-by-six in a soldiers' cemetery."