Burden of Proof (14 page)

Apparently oblivious to Paul's soured mood, Silver chatted through the rest of the watch, telling sea stories about being at the Academy and his experiences since then. If Paul hadn't been so ticked off at Silver, he might have found the stories charming. Instead, he found himself questioning some of what he was hearing.

The arrival of Lieutenant Diem and Ensign Gabriel to assume the watch was a bigger relief than usual. Partway through the turnover, Paul realized that right after he discussed each important item with Gabriel, Silver would discuss the same item with Diem. The realization that Silver appeared to be depending on Paul to keep track of important details did nothing to improve Paul's mood. He rushed through the last stage of the turnover, then bolted the bridge as quickly as propriety would allow so he wouldn't have to leave along with Silver.

Once inside his own stateroom, Paul pulled up his division's training records. He knew from experience that Commander Garcia usually did checks of training records soon after an underway period started, though Paul had never figured out if Garcia did that because he was bored or because he expected his division officers to have neglected their duties amid the hassles of getting underway.
Speaking of Garcia, he's the senior watch officer. Several months back he scrambled watch sections to keep us from "getting too comfortable." Commander, please, please, please scramble the watch sections again so I don't have to spend hour upon endless hour up on the bridge with Scott Silver
!

Sam Yarrow came in, strapped into his seat, then eyed Paul. "What's eating you?"

"Who says anything's eating me?"

"The way your back's rigid and your ears are red and you're pounding the keys on your data terminal."

Paul willed himself to relax, then tried to smile. "I guess I'm just tense. It was a rough morning. I conned the ship out of the dock."

"So? You've done that before."

"Yeah, but the new captain was watching me, and I had a new officer of the deck. It made things a bit more stressful."

"If you say so. What's that guy Silver like on the bridge anyway?"

Paul didn't have to fake his smile now.
Sam, do you really think I haven't learned not to spill my guts to you? If I said one word remotely critical of Silver, you'd be telling Silver and half the rest of the ship about it within the hour, and making me sound like I'd labeled Silver a hopeless incompetent
. "I can't tell, yet."

"That's not exactly a ringing endorsement."

"Because I don't have enough experience with Silver. That's all. I'm not going to evaluate someone based on a single time standing watch with them."

"It sounds like he didn't do too good."

Stop fishing, Sam
. "I didn't hear any complaints." Which was true. Paul closed out his files. "Sorry, I've got a meeting."

Garcia didn't scramble the watch teams. Lieutenant Sindh began to develop a deepening frown as she waited for Scott Silver to arrive, always late, on the bridge to relieve her. Acting unaware of Sindh's disapproval, Silver always had an apology and an explanation for his lateness. Paul found himself begrudging duties on the bridge as Silver routinely assumed everything would be done by Paul as his assistant.

The test-firing went smoothly this time. Either the
Michaelson
's two escorts or the inability to replace the ship Greenspace had used last time meant no one interfered with the test. Paul, not on watch on the bridge, sat in Combat watching the
Michaelson
's combat systems track the target, then engage it with the new weapon. The phased-pulse laser scored direct hits on the target, as it should've since the target had a beacon attached and was traveling on a fixed trajectory. The contractors smiled and pronounced the weapon a success. Whether it would work in a real combat situation was another matter altogether, of course.

* * *

Captain's Mast, also known as Non-Judicial Punishment, also known as NJP in the initials-addicted military. The first Captain's Mast for Captains Hayes, meaning the first time the officers and crew would see him directly deal out discipline to those accused of relatively minor infractions against rules and regulations.

Paul stood at attention against one bulkhead of the crew's mess, having locked a hand onto a nearby tie down both for safety and so he could keep his feet from drifting up into the middle of the proceedings. Next to him stood the ship's highest ranking enlisted sailor, Senior Chief Petty Officer Kowalski. Kowalski nodded in greeting. "Another fine day underway, Mr. Sinclair."

"Underway's the only way." Paul gave the expected reply, only his tone betraying the expected irony in the statement. "How many have we got today, Sheriff?"

On the other side of the compartment, Master-at-Arms First Class Ivan Sharpe stood next to the hatch, ready to usher in those sailors who would face the captain. He raised three fingers in response to Paul's question. "Slow day, sir."

"Fine with me."

Senior Chief Kowalski looked toward the hatch. "Everybody here?"

Sharpe leaned out to confirm, then nodded. "All present and accounted for, Senior Chief."

"In that case Petty Officer Sharpe, please notify the captain we are in readiness for Mast."

"Will do, Senior Chief."

Paul knew it would take a few minutes for Sharpe to reach the captain's cabin and then return with Captain Hayes. He wondered again how Hayes would handle the Mast cases, and whether he'd ask more questions of Paul than either of his two prior captains had done. Since Captain's Mast was non-judicial, it wasn't really a legal proceeding, but the rules for it were still set forth in legal guidance like the Judge Advocate General's Manual. Still, most Mast cases dealt with routine offenses, so captains rarely had to ask questions about procedures, and since no lawyers were present for Mast, they couldn't confuse the issues either.

Sharpe arrived back at the hatch and leaned in to yell, "Attention on deck!" Paul and Senior Chief Kowalski stiffened to attention.

Captain Hayes entered, his movements in freefall still a bit tentative, then looked at both Kowalski and Paul in acknowledgement of their presence. "At ease."

Paul and the Senior Chief relaxed into parade rest, though with their hands locked onto tie-downs instead of clasped together behind them.

Hayes looked toward Petty Officer Sharpe. "Bring in the first case."

"Aye, aye, sir. Seaman Haggerty."

A small procession entered the compartment. Seaman Haggerty, his uniform trim and neat, came to stand at attention directly before the captain. Ensign Diego, Haggerty's division officer, came next and took up a position along the bulkhead opposite Paul, followed by Chief Petty Officer Bidden.

Hayes checked his charge sheet. "Seaman Haggerty. You are charged with violating Article 89 of the Uniform Code of Military Justice, Disrespect toward a Superior Commissioned Officer." He glanced toward Ensign Diego. "Are you the superior commissioned officer in question?"

Randy Diego nodded nervously, but his voice came out firmly. "Yes, sir."

"Tell me what happened, Mr. Diego."

"Sir, we were putting together a work detail. I had orders from my department head to get some materiel stowed away safely that night. Chief Bidden and I called the division together and told them we'd be working past liberty call to make sure it was done. There was some grumbling, captain. I didn't mind that. But Seaman Haggerty came up and asked to be excused on account of a social engagement. I told him no, that everybody'd be working. At that point Seaman Haggerty turned away and said he couldn't believe he had to listen to orders from a, uh, 'snot-nosed kid'."

Captain Hayes looked toward Chief Bidden. "Chief, did you hear that statement?"

Bidden nodded. "Yes, sir. Loud and clear. I told Haggerty he'd better express regret for that statement and do it right then, but he had a head of steam up, I guess, and wouldn't."

"I see." Hayes centered his gaze on Seaman Haggerty. "What do you have to say?"

"Sir, I, uh, got a little worked up. I know I shouldn't have said what I did."

"It's a little late to admit to that, Seaman Haggerty. Do you have anything else to say?"

Haggerty looked momentarily desperate. "I . . . No, sir. I'm just real sorry. I'd take it back now in a heartbeat, Captain. I do want to apologize to Mr. Diego. Honest."

Hayes looked back toward Randy Diego. "Ensign Diego, what kind of sailor is Seaman Haggerty?"

"Captain, he's been a pretty good performer before this. I'd expected him to make petty officer third class soon. But I couldn't let this go by."

Hayes nodded. "That's right. Chief, do you have anything to add?"

Chief Bidden shook his head. "No, sir. Mr. Diego summed it up right. Haggerty's been a good sailor. He ain't talking, but I think he was looking forward to seeing a girl, and he let something other than his brain do the thinking that day."

"I see." Hayes eyed Seaman Haggerty. "Do you understand the gravity of your offense, Seaman Haggerty?"

"Yes, sir. Yes, sir, I do."

"Ensign Diego talked about you possibly making third class soon. How happy would you be if someone junior to you then responded to your orders by insulting you?"

"I wouldn't like it, Captain."

Hayes frowned down at the charge sheet for a moment. "I'd be fully justified in throwing the book at you for this, but your division officer and chief both say you've been a good sailor and this incident was an aberration. Even then, though, I can't let it pass. Speaking so disrespectfully of an officer to his face cannot be tolerated." Hayes paused. "I'm going to order you to be fined half of one month's pay. And reduced in rate one paygrade." Haggerty flinched. "Suspended for six months." Haggerty brightened, then quailed again as Captain Hayes raised a hand in admonishment. "If you screw up again, you'll be a seaman apprentice, not a petty officer third class. Understood?"

"Yes, sir. That won't be a problem, sir. I promise."

"Good. Dismissed."

Haggerty looked toward Petty Officer Sharpe in some confusion. Sharpe hooked a finger to tell him to leave. Ensign Diego and Chief Bidden followed.

Paul nodded to himself.
That wasn't an easy case, but Hayes seemed to find the right balance between discipline and mercy. Haggerty's going to miss that pay, so he didn't get off free, but he's got a chance to beat the rest of the penalty if he keeps his nose clean
.

Hayes shook his head and glanced at Senior Chief Kowalski. "Let's hope that got Haggerty's attention. Next case."

Sharpe called out the next name. "Petty Officer Second Class Gadell."

Gadell came in, standing at attention before Captain Hayes, as Lieutenant Silver and Chief Asher followed.

Hayes looked at his charge sheet. "Petty Officer Gadell. You are charge with violating Article 134, Disorderly conduct, Drunkenness. Lieutenant Silver, what does this charge concern?"

Instead of answering, Silver indicated Chief Asher. "The chief knows the details, Captain."

Hayes frowned slightly and looked toward Chief Asher. "Well, Chief?"

"Sir, Petty Officer Gadell, she came back from liberty three sheets to the wind, if you know what I mean. Came into the berthing compartment after taps, raising hell and making noise. Everybody told her to shut up, but she just kept it up. So's I had to get involved. But she wouldn't listen to me, either. We had to tie her in her bunk. It was real bad, and everybody in the division was real unhappy. If we let Gadell get away with that kind of thing, others would think they could, too. So we had to do something, sir."

"Thank you, Chief. Petty Officer Gadell, what do you have to say?"

Petty Officer Gadell bit her lip before replying. "Captain, the charge is true. I drank too much. Lost control, and did some stupid stuff."

"You're not denying the charge at all? You aren't claiming any mitigating circumstances?"

"No, Captain. No, sir. I did it. I'm real sorry I did, but that's no excuse."

Hayes nodded, his expression thoughtful now. "Lieutenant Silver, what's Petty Officer Gadell's record like?"

Once again, Silver indicated Chief Asher instead of replying himself. Captain Hayes frowned a bit deeper this time.

Chief Asher looked unhappy. "Captain, Petty Officer Gadell's a real good performer. This isn't like her. I wouldn't have brought charges except she did this in front of the whole division. I count on sailors like her to be real good examples."

"And usually she's a good example?"

"Yes, sir. Normally, Gadell's a real fine sailor."

Hayes looked back at Gadell. "Alright, Petty Officer Gadell. Getting so drunk you couldn't control what you were doing wasn't very smart, was it?"

"No, sir."

"Are you going to do it again?"

"No, sir!"

"You've got two things in your favor. The first is that your chief says you're a good sailor and this isn't typical of you. The second is that you've accepted responsibility for what you did and didn't try to justify it. I can't let you off, because you do owe the rest of your division for causing all that disruption. But given your record and your attitude, I'm going to keep it light. Thirty days restriction to the ship. Don't let it happen again. Dismissed."

Petty Officer Gadell couldn't mask her happy surprise before she left. As Lieutenant Silver began to follow her and Chief Asher out, Captain Hayes beckoned him over. Hayes spoke in a low voice, but Paul could still barely make it out. "Next time you have a sailor up here, Mr. Silver, make sure
you
familiarize yourself with that sailor's record."

Silver, taken aback, nodded several times. "Yes, sir."

Petty Officer Sharpe waited until Lieutenant Silver had left before calling in the last case. "Seaman Apprentice Alvarez!"

Alvarez entered, her uniform looking good only relative to Alvarez's usual appearance, and stood before the captain. Lieutenant Sindh and Chief Turner took their positions opposite Paul, with Sindh giving Paul a brief eye contact that spoke volumes. Paul fought down a sour grin.
Alvarez. She was at the first Captain's Mast I attended on this ship, and she's been pretty much a regular since then. I wonder what she did this time
? A third person, Corpsman Second Class Kim, entered and stood near Chief Thomas.