Wilbur Smith - Assegai

‘Were you able to run with that wound?’

‘No.’

‘How did you escape?’

‘When he saw that I had been struck, Bwana Courtney turned back to fetch me. He carried me into the boma .’

‘You are a big man. He carried you?’

‘I am a big man because I am Masai. But Bwana Courtney is strong. His Masai name is Buffalo.’

‘What happened next?’

Manyoro described in detail how they had held out until the Nandi set fire to the building, how they had been forced to abandon it and use the cover of the smoke from the burning roof to escape into the banana plantation.

‘What did you do then?’

‘When we reached the open ground beyond the plantation I asked my bwana to leave me with his pistol and go on alone.’

‘Did you plan to kill yourself because you were crippled and you did not want the Nandi to catch and drown you as they had done to the district commissioner and his wife?’

‘I would have killed myself rather than die the Nandi way, but not before I had taken a few of the jackals with me,’ Manyoro agreed.

‘Your officer refused to leave you?’

‘He wanted to carry me on his back to the railway line. I told him it was four days’ march through Nandi tribal lands and that we already knew the ground was swarming with their war-parties. I told him my mother’s manyatta was only thirty miles distant and deep in Masailand where Nandi curs would never dare to follow. I told him that if he was determined to take me with him we should go that way.’

‘He did as you suggested?’

‘He did.’

‘Thirty miles? He carried you on his back for thirty miles?’

‘Perhaps a little further. He is a strong man.’

‘When the two of you reached your mother’s village, why did he not leave you there and return to Nairobi immediately?’

‘His feet were ruined by the march from Niombi. He could not walk further on them. My mother is a famous healer of great power. She treated his feet with her medicine. Bwana Courtney left the manyatta as soon as he was able to walk.’

Bobby paused and looked at the three judges. Then he asked, ‘Sergeant Manyoro, what are your feelings for Lieutenant Courtney?’

Manyoro answered, with quiet dignity, ‘My bwana and I are brothers of the warrior blood.’

‘Thank you, Sergeant. I have no further questions for you.’

For a long moment there was a hush of awe in the courtroom. Then Colonel Wallace roused himself. ‘Lieutenant Roberts, do you wish to cross-examine this man?’

Eddy conferred hurriedly with Major Snell, then stood up reluctantly. ‘No, sir, I have no questions for him.’

‘Are there any more witnesses? Will you call your client to the stand, Lieutenant Sampson?’ Colonel Wallace asked. He pulled out his watch and consulted it pointedly.

‘With the court’s indulgence, I shall call Lieutenant Courtney. However, I have almost finished and will not detain the court much longer.’

‘I am relieved to hear that. You may proceed.’

When Leon took the stand Bobby handed him a sheaf of papers and asked, ‘Lieutenant Courtney, is this your official report of the Niombi expedition, which you gave to your commanding officer?’

Leon thumbed through it quickly. ‘Yes, this is my report.’

‘Is there anything in it you wish to retract? Anything you wish to add to it?’

‘No, there is not.’

‘You affirm under oath that this report is true and correct in every detail?’

‘I do.’

Bobby took the document from him and placed it before the judges. ‘I wish this report to be entered into evidence.’

‘It has already been entered,’ said Colonel Wallace, testily. ‘We have all read it. Ask your questions, Lieutenant, and let’s have done with it.’

‘I have no further questions, your honour. The defence rests.’

‘Good.’ The colonel was pleasurably surprised. He had not expected Bobby to be so quick. He scowled at Eddy Roberts. ‘Are you going to cross-examine?’

‘No, sir. I have no questions for the accused.’

‘Excellent.’ Wallace smiled for the first time. ‘The witness may stand down, and the prosecution can get on with its summation.’

Eddy stood up, trying to portray the confidence he obviously lacked. ‘May it please the court to direct its attention to both the written report of the accused, which he has affirmed under oath is correct in every detail, and to Sergeant Manyoro’s corroborating evidence. They both confirm that the accused deliberately ignored his written orders to proceed with utmost despatch to Niombi station, and instead set off in pursuit of the Nandi war-party that he believed might be heading in the direction of Nakuru mission. I submit that the accused has admitted he was guilty of the charge of deliberately refusing to follow the orders of a superior officer in the face of the enemy. Absolutely no doubt about that.’

Eddy paused to gather himself. He took a deep breath as though he was about to dive into a pool of icy water. ‘As for Sergeant Manyoro’s slavish endorsement of the accused’s actions thereafter, may I direct attention to his childlike and emotional statement that he and the accused are “brothers of the warrior blood”.’ Colonel Wallace frowned and his fellow judges stirred uneasily on their seats. It was not the reaction Eddy had hoped for, and he hurried on: ‘I submit that the witness had been briefed by the defence and that he is completely in the thrall of the accused. I suggest to you that he would have parroted any words put into his mouth.’

‘Captain Roberts, are you suggesting that the witness shot himself in the leg with an arrow to cover up his platoon commander’s cowardice?’ Colonel Wallace asked.

Eddy sat down as the court room exploded with laughter.

‘Silence in court! Please, gentlemen, please!’ the adjutant remonstrated.

‘Is that your summation, Captain? Have you finished?’ Wallace enquired.

‘I have, your honour.’

‘Lieutenant Sampson, do you care to refute the defence’s summation?’

Bobby came to his feet. ‘Your honour, we reject not only the entire substance of the summation but we take umbrage at the prosecution’s slur on Sergeant Manyoro’s honesty. We have full confidence that the court will accept the evidence of a truthful, valiant and loyal soldier, whose devotion to duty and respect for his officers is the very stuff that the British Army is made of.’ He looked at each of the three judges in turn. ‘Gentlemen, the defence rests.’

‘The court will rise to consider its verdict. We will convene again at noon to give judgement.’ Wallace stood up and said to the other two judges, in a clearly audible sotto voce , ‘Well, chaps, it seems we might yet catch that ship.’

As they filed out of the courtroom Leon whispered to Bobby, ‘ “ The very stuff that the British Army is made of ”. That was masterly.’

‘It was rather, wasn’t it?’

‘Buy you a beer?’

‘Don’t mind if you do.’

An hour later Colonel Wallace sat at the high table and shuffled his papers. Then he cleared his throat juicily and began: ‘Before I proceed with delivering the judgement, I wish to state that this court was impressed by the bearing and evidence of Sergeant Manyoro. We found him entirely credible, a truthful, loyal and valiant soldier.’ Bobby beamed as he heard his own description repeated faithfully by Wallace. ‘This statement should be appended to Sergeant Manyoro’s service record.’

Wallace swivelled in his seat and glared at Leon. ‘The judgement of this court is as follows. On the charges of cowardice, desertion and dereliction of duty we find the accused not guilty.’ There were murmurs of relief from the defence. Bobby thumped Leon’s knee under cover of the table. Wallace went on sternly, ‘Although the court understood and sympathized with the accused’s instinct to engage the enemy at every opportunity, in the tradition of the British Army, we find that when he took up the pursuit of the rebel war-party in defiance of his orders to proceed with utmost despatch to Niombi station he transgressed the Articles of War, which require strict obedience to the orders of a superior officer. We therefore have no alternative but to find him guilty of disobeying the written orders of his superior officer.’