The Circle (65 page)

He hesitated, wanting to sit with the ASW officer, but decided it wouldn't look right. Instead he found a dirty table off by himself. The food was cotton wool in his dry mouth. At last he gave up and just drew and quartered the Jell-O with his fork. Gradually the medication took effect. His pain faded. His anxiety sidled back into the shadows.

“Dan? Got a minute?”

He recognized the voice first. He raised his eyes and blinked slowly. Alan Evlin was sitting across from him, in the same khakis he'd worn on the bridge.

“What the hell—?”

“Not so loud. Just whisper, okay?”

“But you can't be here. Are you really here?”

Evlin raised his eyebrows, his expression whenever Dan had uttered some absurd naïveté. The overhead lights glinted on the round lenses of his glasses. “Of course not. How could I be? But we still had some things to discuss. If you don't want to—”

“No, I mean yes, go ahead, I'm listening. You been following the trial? Deanne's got you counsel—sharp, a civvie lawyer. Anything, uh, anything you want me to tell her?”

“Don't babble. No, nothing she doesn't already know. About my counsel and that, the trial—it's not important. Not to me. It's mainly for her peace of mind.”

“Well … then … why?” He felt stupid and, unaccountably, afraid.

“Remember our last talk?”

“Yes.”

“You're doing fine. I told you you would. You make mistakes but never the same one twice.”

“Thanks.” He had a sudden thought. “You don't know—say, can you tell me what they're going to decide?”

“Who? The court?” Evlin seemed to find that amusing. “Does that matter?”

“Maybe not to you. But it's not going right, Al.”

“Remember the waves?”

“Sure I remember.”

“Don't let the lies and insinuations scare you. Stick to the truth as you see it.”

“They don't believe me.”

“So what does that change? Just keep telling it. Till somebody's ready to listen. Remember, everything's for the best.”

“It is, huh?”

“Yes. That's all I really wanted to tell you. All you have a need to know. That everything will turn out all right at the wrap-up.”

“Okay,” said Dan, still not trusting it but unwilling to contradict Evlin. But then he thought, If this is really him, then I've got to believe it. And then: But is this really him? A lassitude was soaking him, making him blink and yawn. He looked down at shimmering green and moved his fork with an effort, dreamlike, everything slow like underwater. Damn, he thought, I shouldn't have taken two.

“Sir?”

When he looked up again, it was not to Evlin's face but that of a marine guard, one of the big ones. “You one of them off the
Ryan?
Court's getting ready to reconvene.”

“Thank you,” he said, and cursed himself. Stupid. Stupid! Why hadn't he simply reached across, taken Evlin's hand? But he hadn't. Now he'd never know for sure. He got up, looking around, looking for him in the crowd. But he wasn't there.

*   *   *

THE Court reconvened at 1423. Present: all members, counsel for the Court, the parties, and their counsel.

Captain Roland Javits, on the stand when recess was taken, resumed his seat. He was warned that the oath taken previously was still binding.

WITNESS
: Before we begin, may I make a statement?

COUNSEL FOR THE COURT
: Please go ahead, Captain.

WITNESS
: I would like to have the record show paragraph 1506, from the manual for carrier air operations. It states, “Carriers, right of way. Carriers have the right of way in launching and recovering aircraft. Other ships are to keep clear.” Also, paragraph 532: “In addition to the International Regulations for Prevention of Collision at Sea, the following rules are applicable: A carrier has the right of way when showing a signal to indicate that she is launching or recovering aircraft.”

COUNSEL FOR THE COURT
: Your point is made, sir.

WITNESS
: May I also read from
Allied Tactical Publication 1:
“A clear situation should not be changed to an awkward one by any ship either through lack of timely indication to others of her intent, or from an impatient haste in accomplishing this movement.”

COUNSEL FOR LT EVLIN
: Apropos of doctrine, Captain Javits, are there any provisions in those publications that authorize a carrier to change course without ensuring ships in company are notified?

WITNESS
: I don't—while conducting flight operations?

MR BARRETT
: Yes.

WITNESS
: Not to the best of my knowledge.

COUNSEL FOR THE COURT
: Let us return to normal examination. Captain, I would like you to try to reconstruct what happened from a different point of view. In your experience as a navigating officer, if you were on
RYAN
and a carrier was on your port bow, apparently closing fast, and you received a signal saying, “My course two-five-zero—”

A
. I don't believe you can ask me to guess at another man's responses.

Q
. I am asking you to tell me what you would do in that situation, not guess what Commander Packer thought.

THE COURT
: Question is correct. Witness will answer.

Q
. As I was saying, if you were CO of
RYAN
and you received a signal saying, “Mike corpen two-five-zero” from the carrier, assuming he did in fact receive it, what would you do?

A
. I think you are misinterpreting the signal. It does not mean as you seem to be saying that “My course
is
two-five-zero.” It is a signal of intention, meaning “my course will be” or “I am coming to two-five-zero.”

In the second place, if I was in a formation where I knew my ordered station, where I clearly saw where the carrier was and understood that other units had to remain clear of her, not pass close aboard or in front of or in any way embarrass her when she is engaged in flight operations, my answer is that I would have turned right and given sea room.

Q
. You would have turned right?

A
. To starboard, that's correct.

Cross-examined by counsel for Lieutenant Evlin.

Q
. Captain, you have testified that a “mike corpen” signal means that your intention is to come to a certain course. Are you quite sure of that, sir?

A
. Yes, that's what it means.

Q
. I show you, sir, a copy of the
Allied Tactical Signal Book.
Does the signal “mike corpen” appear there, sir?

A
. Yes.

Q
. Will you read for us what the meaning of that signal is?

A
. It says, “My course is.”

Q
. Thank you, sir. Would you like to modify your testimony in view of this?

A
. My rudder was over and the bow was swinging. In another minute, we would have been on two-five-zero. So no, I still consider that a correct signal. As I pointed out, the collision would still have occurred.

Q
. Perhaps.

A
. I think certainly.

Q
. I don't want to get too far away from the points I have already made, but I would like to ask you this: After
RYAN
had increased rudder on her last left turn, could you have avoided the collision?

A
. I didn't know he had increased his rudder. All I knew was that his lights were getting too damn close.

Q
. I am sorry, sir, I may have phrased that question badly. What I meant was: Knowing what you do now, do you feel that there was any way you could have averted the collision by any procedure or act other than what you actually did, which was essentially to do nothing?

A
. I backed emergency and lighted ship. Carriers don't turn or stop on a dime. No, collision was inevitable then.

THE COURT
: Captain, before you step down. As a result of this collision, do you have any recommendations for changes in tactical instructions or doctrine?

A
. I will have to think about that one, sir. There may be something in what the various counsels have said about lighting aboard carriers being confusing.

I also think perhaps we need to deemphasize speed in maneuvering. Admiral Hoelscher is not at fault here. He was merely trying to execute current doctrine. Maybe we need to modify it in the direction of safety, at least in peacetime.

Neither the counsel for the Court, the Court, nor the parties desired further to question this witness. He was duly warned and withdrew.

*   *   *

THE Court was cleared. When all witnesses other than the parties and their counsel had left, Lieutenant Reed was recalled and reminded that his previous oath was still binding. Cross-examined by counsel for the Court.

Q
. Mr. Reed, were you in charge of the nuclear weapons aboard
RYAN?

A
. Yes.

Q
. What was her loadout?

A
.
RYAN
was carrying four Mark 5 nuclear warheads, with associated boosters, and sixteen conventional homing torpedoes. Two practice torpedoes, Mark 43s, had been expended in the Arctic.

Q
. Did
RYAN
's weapons doctrine call for flooding of the torpedo magazines upon collision or fire aft?

A
. The answer is yes, but it wasn't in the weapons doctrine. That tells you how to use the weapons in battle. It was in the damage-control instructions.

Q
. To your knowledge, were the magazines flooded after the collision?

A
. To my knowledge, they were not.

Q
. Whose responsibility was it to flood them?

A
. Mine.

Q
. Did you attempt to flood?

A
. I was in my stateroom when the collision occurred. I endeavored to make my way aft to ascertain the condition of the magazine. Due to fire, I was unable to reach it.

Q
. Did the guard on duty know he was expected to flood them?

A
. Yes.

Q
. But you do not know if he did?

A
. No. He did not survive.

Cross-examined by counsel for Commander Packer.

Q
. Mr. Reed, given the location of the warheads, do you think it likely that they could have gone off in the manner Admiral Hoelscher feared?

A
. It's possible.

Q
. Please elaborate.

A
. There's nothing to elaborate on. They might have gone off.

Neither the counsel for the Court, the Court, nor the parties desired further to examine this witness. He resumed his seat.

*   *   *

A witness was then called by counsel representing Commander Packer. He entered, was duly sworn, and was informed of the subject matter of the inquiry.

Examined by the counsel for the Court.

Q
. Please state your name, rank, branch of service, and present duty station.

A
. I am Olen P. Piasecki, captain, U.S. Navy, retired. I am attached in a civilian capacity to the surface combatant branch of the Bureau of Ships.

Q
. Captain Piasecki, please describe your experience with destroyers.

A
. I have spent most of the last thirty-nine years in them. I was on
REUBEN JAMES
as a boatswain's mate and on
HICKOX
and
BENHAM
in the Pacific. After the war, I was on
FRANK EVANS,
fleeted up to her XO. I commanded an NROTC unit at University of Pennsylvania, then did another XO stint on
TURNER JOY,
then commanded USS
NORFOLK.
I taught at the Emergency Shiphandling School and after that commanded USS
ALBANY
and then
DESRON TWENTY.
I am presently in charge of design workup for a new class of frigates.

COUNSEL FOR CDR PACKER
: I would like to offer for Captain Piasecki's examination the diagrams drawn by Ensign Lenson and Admiral Hoelscher, previously offered in evidence.

Examination by Lieutenant Hauck continued.

Q
. Captain, have you had experience operating with carriers?

A
. Yes, considerable.

Q
. In the light of your experience, is it your opinion that the angles on the bow of an aircraft carrier can be accurately estimated at night?

A
. That would depend on what angle was showing. For example, if it was bow-on, that would not be hard. For 10 or 20 degrees aspect, it could be tough.

Q
. Are you aware that a collision took place between USS
KENNEDY
and USS
RYAN?

A
. Yes.

Q
. I shall now ask you some questions wherein I will specify certain conditions. I ask you to indicate the action you would take in the light of your experience.

A
. Very well, go ahead, sir.

Q
. Assume that conditions are as follows. Sea calm to moderate; wind light from the west; dark, overcast night. An aircraft carrier and four escorts are maneuvering in night launch and recovery under battle conditions. They are darkened and radar silence is in effect. Formation course is zero-one-zero true at twenty knots.

One of the destroyers is on station 3,000 yards bearing two-four-five from the carrier. The commanding officer is sick and fatigued. The day before he received a message, which I now show you.

He then receives a signal that planes will be recovered on two-six-zero true at twenty-seven knots. He is simultaneously ordered to take plane guard station.