The Circle (52 page)

“I can't say, Lieutenant. I can't predict how long each witness will take on the stand.”

“Will we be able to get copies of the transcript?”

“I can't answer that right now, Chief. Who here wants one?” Dan put his hand up. “One, two … six. I'll raise that with the convening authority and get back to you with an answer, hopefully before the proceedings are over.”

A marine stuck his head into the room. “Sir, we're ready to convene.”

Johnstone turned his neck in his collar, cleared his throat, and reached for the portfolio. “Any further questions? Thank you for your attention, gentlemen, and the sergeant will show you to the courtroom.”

*   *   *

THE codeine made small things large, enlarged details into worlds, made important things like the future insignificant. His mouth was dry and his shoulder burned. Sometimes his attention wandered. But the crystalline lens of the drug focused the senses intensely, almost photographically. He smelled the leathery tang of the hearing room, the hot closeness of steam heat and inadequate ventilation, the starched-cotton smell of new uniforms. He could close his eyes and still see wainscoted plaster, a gray-green carpet leading up to a flag-flanked table covered in green baize. As they took their seats in front of it he looked around at the other survivors. Their pale, shocked visages reflected his own bizarre amalgam of anger, pain, dizziness, and, somewhere below the drugged, furry apathy, fear.

“All rise,” called a guard. As he struggled to his feet, three men in late middle age, gold solid on the sleeves of their blues, filed in. He scrutinized their faces. One was short, heavy, white-haired. The second was wiry, with deeply lined, tanned cheeks. The third was tall, with a gray mustache. What were they feeling? Mercy? Vengefulness? He couldn't tell. They all looked the same: dispassionate, reserved, and grim.

The heavy one, apparently the president, nodded to a chief Dan hadn't noticed. He sat at a table, with a little transcribing machine. “Is our recorder ready?”

“Here, Admiral.”

“Very well.” He sat, and the room echoed with the scrape of chairs. He examined something in front of him, then glanced up at Johnstone.

“Commander, you may begin.”

EXCERPT FROM TRANSCRIPT OF USS
RYAN/KENNEDY
COURT OF INQUIRY: DAY ONE

The Court convened at 1000.

Present: Vice Admiral Ausura, U.S. Navy, president; Rear Admiral Morehead, USN, member; Rear Admiral Dennison, USN, member. Lieutenant Commander Stanley F. Johnstone, U.S. Naval Reserve, counsel for the Court.

The counsel for the Court read the appointing order.

All matters preliminary to the inquiry having been determined and the members having viewed photographs of the damage to USS
KENNEDY,
the Court was opened in the presence of witnesses and survivors of USS
RYAN.

COURT
: Good morning, gentlemen. The Court has decided to admit the witnesses to most of the testimony in this case. This should aid us in reaching a speedy conclusion to a matter as troubling to us as it is to you. I would like to remind all hands that we will be discussing classified matter. We are dealing with an accident that occurred while the forces involved were operating under simulated wartime conditions, in conformity with wartime doctrine. I trust to your discretion. However, when we discuss matters secret and above, I will clear the Court of all but witnesses and members.

Are there any parties to the inquiry who have not already been introduced, Commander Johnstone?

COUNSEL FOR THE COURT
: For the record, Admiral, it would be best if I were addressed as “Counsel.”

The Court indicated acquiescence.

Captain Ronald Javits, USN, Captain of
KENNEDY,
then entered as a party to the inquiry. He was informed of his rights.

COUNSEL FOR THE COURT
: In accordance with a request of the father of
RYAN
's deceased captain, Commander James J. Packer, the judge advocate has provided a legal officer to represent him at this inquiry. The counsel will be permitted to cross-examine witnesses as necessary in his interests. I introduce Lieutenant Robert Hauck, U.S. Naval Reserve.

COUNSEL FOR CDR PACKER
: Sir, if it please the Court, I understood I was to be accorded all the rights of a party. You have mentioned only the right to cross-examine.

COUNSEL FOR THE COURT
: The Court will extend to you all the rights of a party.

COUNSEL FOR CDR PACKER
: Thank you, sir.

COUNSEL FOR THE COURT
: I refer now to section 0309 of the naval supplement to the
Manual for Courts Martial,
referring to the right of any party to challenge the Court. Do any of the parties desire to challenge?

CAPTAIN JAVITS
: I do not.

COUNSEL FOR CDR PACKER
: I desire to examine Rear Admiral Morehead on the grounds of lack of impartiality.

The challenged member took the stand, was properly sworn and examined as follows.

Q
. Admiral, I present here a copy of your official biography. Would you read over it, sir, and tell us if it is an accurate history of your naval service?

A
. [Witness read the document.] It is substantially correct, yes.

Q
. Substantially correct. I offer into evidence as Defense Exhibit A this summary of Admiral Morehead's naval career.

COUNSEL FOR THE COURT
: That is court-martial terminology. I think you should offer it as Exhibit A. Not as Defense Exhibit.

There being no objection, the document was received as Exhibit A.

Q
. Admiral, if I may summarize, this document states that you served aboard aircraft carriers in the Pacific as a reserve flier during World War Two. You were recalled to duty during the Korean Conflict as a flight officer in attack squadrons. You applied for reinstatement in the Regular Navy and after service at the Bureau of Aeronautics served on seagoing staffs with the Seventh Fleet. You were executive officer and then commanding officer of USS
MAUNA LOA,
following which you commanded
HORNET,
an aircraft carrier. You are now serving on the staff of the Supreme Allied Commander, Atlantic. Is this substantially correct?

A
. You left out the fact that I commanded an attack squadron. After I was with the Seventh Fleet.

Q
. Thank you, sir. Admiral, do you think, in the light of your long experience in the naval aviation community, that it is better for an aviator to command a carrier, rather than a surface line officer?

A
. Well, that's Navy policy. There are certain special knowledges aviators have that surface officers don't get in the line of their experience.

Q
. And you agree with that policy?

A
. Yes, I do.

Q
. Admiral, should the facts tend to show that Captain Javits, commanding USS
KENNEDY,
was at fault in the loss of
RYAN,
would not such a finding conflict with a vested interest of yours—namely, your opinion that carriers should be commanded by naval aviators?

COUNSEL FOR THE COURT
: I object. This line of questioning is irrelevant.

The Court replied that the objection was not sustained. The witness was instructed to reply.

A
. It would not prejudice me in any way.

Q
. Do you know Captain Javits? Have you ever met?

A
. Possibly at parties. I do not know him well.

Q
. What is your opinion of his professional reputation?

A
. I assume it is good or he would not have command of
KENNEDY.

Q
. Would that bias you in favor of his decisions?

A
. No, I don't believe it would.

COUNSEL FOR CDR PACKER
: I have no further questions for this witness, sir.

COUNSEL FOR THE COURT
: Admiral Morehead, have you formed any opinion whatsoever yet as to who is at fault?

A
. No, I have not.

Q
. Is there any reason you cannot approach this inquiry impartially, with an open mind?

A
. None whatsoever.

COUNSEL FOR THE COURT
: No further questions.

The Court was cleared, the challenged member withdrawing.

The Court was opened. All parties reentered. The Court announced that the challenge of counsel representing Commander Packer was not sustained.

COUNSEL FOR THE COURT
: This Court is now duly constituted. I will now read for the benefit of the witnesses the relevant portion of the naval supplement to the
Manual for Courts-Martial.

“Whenever inquiry is made into the loss of a ship, the Court shall call for the official report of the commanding officer of the ship, containing the narrative of the disaster, and this report shall be read in the presence of the commanding officer and of such of the surviving officers and crew as can be assembled, and shall be appended to the record.

“After the survivors have been sworn as witnesses, the following questions shall be put to them by the Court: (1) to the commanding officer: Is the narrative just read to the Court a true statement of the loss of USS
REYNOLDS RYAN?
(2) Have you any complaint to make against any of the surviving officers and crew of the said ship on that occasion? (3) to the surviving officers and crew: Have you any objections to make in regard to the narrative just read to the Court, or anything to lay to the charge of any officer or man with regard to the loss?”

I will now read the dispatch sent by the senior surviving officer.

*   *   *

DAN straightened, blinking what felt like balls of dust from his eyes. He took several deep breaths and looked at his watch. The steady tapping of the yeoman's machine was hypnotic. Another hour and a half before he could have another pill. Maybe the pain would help him stay alert.

He stared forward, taking another deep breath as Johnstone said, “Lieutenant Commander Benjamin Bryce.”

*   *   *

LIEUTENANT Commander Benjamin W. Bryce, Jr., USN, was called as the first witness. He was reminded of his rights and was advised that any statement made by him might be used as evidence against him in any subsequent court-martial. He then took the oath.

Examined by the counsel for the Court.

Q
. State your name, rank, and present duty station.

A
. Lieutenant Commander Benjamin Bryce, executive officer of … [the witness paused].

Q
. You are still attached to the crew of USS
RYAN.

A
. Thank you. So, executive officer of
RYAN.

Q
. Were you attached to that ship on the night of this last December 24?

A
. Yes, sir.

Q
. On the morning of the 25th, was
RYAN
lost as the result of a collision?

A
. Yes, sir.

Q
. Are you the senior surviving officer?

A
. I am. The captain did not survive.

Q
. Do you have a list of the men believed to have died?

A
. Yes, I do.

Q
. And a list of the survivors?

A
. It is the same list. What I did was, I got our sailing muster from squadron staff and drew lines through the names of the men who were not picked up alive.

Q
. Have you mustered the survivors?

A
. I did that on
KENNEDY
the evening of the 25th.

Q
. Are there any who are unaccounted for in any way? That is, who were aboard
RYAN
when she sailed, and are not accounted for?

A
. There is one man who might fall in that category. We had a boatswain's mate chief who was killed in an accident the day before.

Q
. His name?

A
. Harvey Bloch.

Q
. He was dead before the collision?

A
. Yes, sir, his body was in sick bay. I assume that it went down with the ship.

Q
. Would you give to the Court, in the presence of the surviving officers and crew here assembled, your estimation of the events leading to the collision between USS
KENNEDY
and USS
RYAN,
and the subsequent loss of
RYAN?

A
. To the best of my ability, I will. As executive officer, I did not stand watches, although I kept my hand in by maneuvering her from time to time. So a lot of what I have won't be as, you might say, an eyewitness. I was in my stateroom at the time of the collision, working on ship's correspondence. I understand that we were in a sector formation—

Q
. Let us have only what you personally witnessed. We will take testimony from those actually on the bridge later.

A
. All right. My cabin was forward of the collision area but not by much. When I heard the impact, I immediately went out on deck. I then began organizing the fire party. But cut in two, there wasn't anything I could do at that point to save her. After some minutes, I was told that the captain had passed the word to abandon ship. So, I then abandoned in the ship's motor whaleboat, and attempted to save as many as possible of the crew. I also saw—I then saw
KENNEDY,
or it might have been the oiler, come back.

Q
. Come back?

A
. It came back and rammed the forward section of
RYAN.

Q
. Go on.

A
. Well, on the whaleboat, we had lowered away and were in the water searching for survivors when the engine conked out. The wind and seas carried us away east of where she went down. Eventually, we got the motor running again. We then resumed the search and took those we found to nearby ships for treatment. The boat itself was picked up by USS
TALBOT
about 0400.