Word of Honor (57 page)

CHAPTER son's living room. The

rented television was

balanced unsteadily on

a folding snack table

pushed against the

staircase wall. Dressed

in a warm-up suit, Ty

son sat at the edge of

36 the couch with a mug

of coffee, watching a

PBS news show. Marcy was in the armchair with coffee and a buttered corn muffin. David, sitting cross-legged on the floor with a glass of orange juice, said, "Can we rent a VCRT'

Tyson replied, "Not on my salary."

"Well, then, can we get one of the ones from home?"

"No. I I

David grumbled something.

Tyson glanced at his son. The boy was becoming surly.

442

WORD OF HONOR a 443

Perhaps he was just bored or maybe nervous about starting school.

The news commentator said, "The House Judiciary Committee is meeting to discuss the Tyson case. Lieutenant Tyson's attorney, Vincent Corva, stated that any such inquiry would only serve to further prejudice his client's legal and civil rights since the case has hot yet been tried.

But the House appears to be responding to outside pressure. The agenda for the House Committee includes studying legislation that would clarify jurisdiction in such cases. The Justice Department in past cases has taken the position that an honorably discharged serviceman cannot be tried for a war crime committed prior to his discharge, either by courtmartial or in a federal court. Tyson's status as an ex-officer, however, made it possible to return him to active duty for the purpose of investigating charges against him stemming from this incident."

Tyson glanced again at David. The boy was reading a car magazine and seemed to have little interest in this. Bizarre, he thought. Adults give children too much credit. That, too, was a story of the sixties: adults seeking the wisdom of shallow adolescents.

The PBS commentator continued, "In another development, Colonel Ambrose Horton, an instructor at the Judge Advocate General School at the University of Virginia and a respected jurist, has directed a memo to General William Van Arken, the Army's Judge Advocate General. The contents of that memo have been revealed through an unidentified source. The memo wads in part: 'As you know, General, under the Geneva Convention of which the United States is a signatory member, the United States is obligated to enact any legislation necessary to provide effective penal sanctions for persons committing grave breaches of the laws of war. ' "

The commentator continued, "Colonel Horton further points out that in the nearly four decades since the U.S. signed the Geneva Convention treaty, Congress has failed to enact such legislation though most other signatories have. His conclusion to General Van Arken is that the Army should not take it upon itself to selectively prosecute Lieutenant Tyson while not prosecuting other suspects over whom

444 0 NELSON DEMILLE

Congress has failed to establish federal or military jurisdiction. It would appear then that no one in Lieutenant Tyson's platoon will be or can be charged with a crime. And so it is that at the Army hearing, one week from today, at Fort Hamilton, Brooklyn, only one man will face indictment for that crime: Benjamin J. Tyson."

Tyson leaned forward and turned off the television. He didn't know who Colonel Ambrose Horton was, but he knew that the man ought to put his retirement papers in if he hadn't already done so.

Tyson sipped on his coffee. He avoided news stories about himself. But when he did watch or listen, he tried to be objective to determine how he felt about this fellow Tyson. Generally the stories seemed to be slanted in his favor. The stuff about Marcy popped up once in a while, but even that seemed to be handled with more sympathy than sleaze recently.

Marcy said, "Is that going to affect anything?"

Tyson shrugged. "I don't think it will for me."

Marcy nodded. "Sometimes it takes a landmark case to restructure justice in this country. Even the Civil Liberties Union is behind you on this.

That's comforting."

"To you perhaps."

David looked up from his magazine. "Dad, why is it if everybody's on your side . . . I mean, all those people who are contributing money and coming out on your side and all-why is the Army going to court-martial you?"

Tyson thought about that a moment. He replied, "Because I violated a trust, I broke my oath of office. So they want to . . . to set an example for other Army leaders, now and in the future - "

"But it happened so long ago. Why can't they just forget something that happened thirty years ago?"

"Twenty. " Tyson had read a front-page story once in the Wall Street Journal about how unaware college and high school students were of the war. A professor reported that a senior asked him what napalm was.

Another instructor claimed three-fourths of his students never heard of the Tet Offensive. Tyson said, "The Army has the memory of an elephant, and for the first time in our history, the Army failed in its mission, and they will discuss this defeat for-WORD OF HONOR 9 445

ever." He- drew a long breath. "Deep down inside, the Army wants a rematch.

They would like to be sent again to Vietnam, to regain their lost honor-"

Marcy intedected, "Oh, God, Ben, don't even think that."

"It's true, Marcy. I know it's true. - He looked at David. "But until then, anytime something about Vietnam comes up, they are going to overreact to it."

David stayed silent, digesting this. He said, "But you didn't kill anyone.

You said you didn't kill anyone. The other guys did it, didn't they?" He looked at his father. "Didn't they?"

Tyson met his son's eyes. He said, "If you were hanging around with a bunch of guys and they got really wild one day and beat up a bunch of younger kids-really beat them badly-and you saw all this but did nothing to stop it, and afterward didn't tell your mother or the police-would you be as guilty as the rest of the guys? Less guilty? More guilty?"

"More guilty," David said softly. "If I couldn't stop them, then I should have told on them."

"Would it make any difference if the guys were very sorry for what they did? I mean, if they didn't brag about it but were ashamed of it?"

"I ... I don't think so. They hurt people. - David stood. "I'm going out."

Marcy asked, "Where are you going?"

"Out. I'm bored. This place is driving me nuts."

Tyson inquired, "Have you made any friends here?"

"No.-

"Do you want to go to Sag Harbor this weekend?"

David hesitated a moment. "No.

"Don't you miss Melinda?"

"Yes. But . . . if you guys can stick it out here . . . Dad, as long as you're under arrest I'm staying here."

"You're not under arrest." He turned to Marcy. "Look, why don't you and David drive out east today? You can find a place to stay. I have a lot of work to do with Vince. -

Marcy shook her head. "We made this decision already, Ben. I'm staying here until this is finished. Anyway, the damned media comments on every move we make. If I go out to the beach, the American Investigator will say some-446 * NELSON DEMILLE

thing like . . . Marcy enjoys the sun while Ben stews under house arrest.

"

Tyson replied, "Okay. That's your decision. I was looking forward to not having to wait to use the bathroom." He smiled. "But you'll notice the Investigator has not been too hard on us recently. "

"I noticed that. And Wally Jones's byline is completely gone. Why is that?"

Tyson looked at David, who was hovering impatiently by the door. Tyson said, "David, you have stuff in my gym locker, right? I'll meet you there in about an hour."

"Okay." David left.

Tyson turned to Marcy. "I've gotten into incredible shape. It's my mind that's shot now."

"Sound mind, sound body-take your pick. So why do you think the Investigator dropped us?"

Tyson poured himself more coffee from a carafe. "Well . . . perhaps having reached new lows of journalistic depravity, they couldn't follow their own act. Especially with Major Harper out of the picture. " Tyson added, "Also, I beat the shit out of Wally Jones." He stirred his coffee.

She laughed. "I bet you'd like to. By the way, I didn't think you handled David's questions very well."

"Why not?"

"I don't know ... it's just that you press him too hard.

Tyson lit a cigarette. He could see this was going to be a bad day. The strain of this confinement and inactivity, coupled with uncertainty, was beginning to tell on Marcy and David. He rifled through some envelopes on the coffee table.

Marcy said, "The mortgage payment is late and there's a notice there from the village saying they're going to list the house for a tax sale unless we pay up."

"Is that so?"

"You see? The Tysons have paid taxes in that fucking village since year one, but miss one goddamned paymentyou see what I mean?"

"No.-

"I mean, damn it, that it doesn't matter how you've lived your life, brought up your kids, paid your stinking bills for WORD OF HONOR 9 447

twenty years. You miss a few payments, and you go to the top of the shit list. You're a nobody. A deadbeat."

"Yes, that's what I keep saying about my situation. Just one lousy massacre, and everybody gets on your case."

"Poor analogy."

"Anyway, take heart. I heard from Phil Sloan yesterday that our bank is suspending our mortgage payments and paying all property taxes for us. It's a loan of sorts which we will eventually have to repay."

Marcy looked doubtful. "Are you sure?"

"Yes. Now, isn't that a nice bank? Doesn't it restore your faith in humanity?"

"I guess it does. "

"Well, don't be too reassured. Near as I can figure it, someone went to the bank and twisted their nuts."

"Who?"

"Who cares? A guardian angel, I think. A G-man. Someone from this shady cabal that has been reading our mail and dogging our every movement. The point is, even if we wanted to commit economic suicide, declare bankruptcy, and all that, we couldn't. The Army doesn't want that in the news before the trial. What if, God forbid, I'm innocent, and they've ruined me? Well, this is an enviable position in which most Americans will never find themselves."

She stayed silent for some time, then announced, "I don't like this." She raised her voice. "I do not like being watched, being-"

"Sh-h-h! You'll damage the microphones."

She stood, took a heavy glass ashtray from the coffee table, and flung it at the front window. It went through the blinds, smashed a windowpane, and ripped the screen. "Fuck the Army!"

"Calm down." He stood and surveyed the damage, then looked at her and said seriously, "We are being watched, you know. I do not want them to see us cracking up. Okay? Steady on, soldier."

She put her arms around him and laid her cheek on his shoulder. "Okay."

Tyson's eyes moved around the small room as he held her. It cost him a good deal of money each week to satisfy

448 * NELSON DEMILLE

himself that the place didn't have electronic plumbing, but still he wondered. He said, "Did you get David enrolled at the local stiletto high?"

"It's actually supposed to be a good school according to the mothers I spoke to on post. The bus will pick him up on Lee Avenue. I spoke to the principal, and she's aware of the special problems involved."

"All right. How is David reacting?"

"Ask him."

"He always gives me the macho line. Takes after his old man. What did he say to you?"

"He's nervous."

"Understandable."

"Also he misses his friends."

"So do we all. But they're probably not his friends anymore. "

"He says the school looks junky. Actually it is old but well kept."

"Well, he shouldn't compare a city high school with that suburban country club he got used to."

"It's good for his character. That's what you said."

Ben Tyson smiled. "Right." He held her tighter. "You know, without sounding too macho, a man likes to give his family the best. And when he can't he doesn't always feel like a man. Is that too patriarchal?"

"Yes, but I know how you feel."

"The private schools were just too expensive, Marcy--

"Don't worry about it. We'll all make do."

"This might hurt his chances for a good college."

She shook him gently by the shoulders. "Stop that. You went to a lousy college, why shouldn't he?"

"Hey, there's nothing wrong with Auburn. Columbia was a pigpen."

She laughed, and they held on to each other.

Tyson cleared his throat. "Have you considered what you will do if I go up the river for a few years?"

"Sing Sing is up the river. Leavenworth is in Kansas. Across the river. "

"Answer the question."

"I don't think about it. I won't think about it. So I can't answer your question."

WORD OF HONOR e 449

"Okay ... no use worrying about that now."

"Are you worried about the hearing?"

"No. Corva said not to waste energy worrying. I'll be indicted for sure."

"Oh. . . . Are you worried about Corva?"

"A little. Yes, a little. He's erratic. Sometimes I think he's a genius.

Other times I think he's a dolt. He's fatalistic too. Well, maybe realistic is a better word."

She moved away from him and poured coffee for both of them. "He seems to really care about you, Ben. That's a good thing. "

Tyson took his mug of coffee. "Corva and I were both infantry commanders, and our tours of duty coincided. I don't even have to say to him, 'Look, Vince, Nam sucked, the leeches sucked, the homecoming sucked, so don't let them make the peace suck, too.' He knows that, and I think if I went to jail, he knows that a little bit of him and all the rest of us would go to jail, too."

She stared into the blackness of her coffee, then looked up. "I think I understand that. I can see it when you're both together. Just promise me one thing."

"What's that?"

"When this is over, don't invite him and his wife over so you can bore us with war stories." She smiled.

He smiled in return. "Mercifully, he doesn't tell or listen to war stories."