Word of Honor (47 page)

"Good for them," snapped Horton. "I often have fantasies of convening a national inquisition and subpoenaing every son of a bitch who got us involved in Vietnam."

364 * NELSON DEMILLE

They continued in silence, then came to a crosswalk. Van Arken stopped.

"Can I buy you dinner, Ambrose?"

Colonel Horton shook his head. "Thank you, General, but I have to work on tomorrow's lecture." He stared at Van Arken awhile, then said, "You know, Bill, you've been a force in getting this case under way, and I'm not certain that is your function. I'm not being critical. You've filled a vacuum left by the Justice Department, who should be pursuing this, and I congratulate you on your devotion. However ... you see, I feel our civilian bosses are setting us up. They learned something from My Lai, too. As our enlisted men would say, we've pulled some shit duty."

Van Arken nodded. "I've figured that out. But that doesn't alter our obligation. My obligation."

Colonel Horton said impatiently, "You're rather sure of yourself, aren't you? I mean, you're sure you're on the side of truth and morality. Well, I'm not so sure."

"Just what does that mean?"

"I mean, Bill, you've spoken of accountability. And I'm thinking that if Lieutenant Benjamin J. Tyson did in fact con-unand a platoon that massacred approximately one hundred men, women, and children, then where is the moral justification, Sir, in offering the platoon survivors-the actual triggermen-immunity?"

Van Arken didn't reply.

"So you see, General, don't tell me you want to pursue this because of some moral absolute, because there is none. That is the main lesson I learned at Nuremberg."

Van Arken began to reply, but Horton interrupted. "At Nuremberg, I often wondered why the SS guards and the hangmen and the torturers were not called to account in greater numbers. Then I came to realize that had they been called, they would have simply said, 'I was only following orders.' " Horton added, "As you well know, General, the military constructs a unique subculture whose teachings supersede everything a man has learned in church or Sunday school, everything he has been taught by parents, teachers, and the community-indeed everything he knows in his own heart. So when a soldier says, 'I was only following orders,' he has offered a formidable defense and an embarrassing one for his superiors.

He has offered the Nuremberg defense.

WORD OF HONOR e 365

"And so, the buck is passed onward and upward, and at every echelon of command we hear the same thing-1 was only following orders'--direct orders, inferred orders, implied orders, standing orders, and so on.

Until we finally come to the top where the sewerage begins flowing downhill again, as I saw at Nuremberg. The top Nazis would say, 'I could not possibly know how my orders were being misconstrued.' Or the line I heard over and over again, 'I had no idea this was happening among my subordinates. ' "

Van Arken drew a short breath and said slowly and deliberately, "You've taught the philosophy of the law too long, Ambrose. You ought to get down to cases, as we say. But as I indicated, it wouldn't be altogether proper for us to discuss this case. "

Colonel Horton smiled, then replied in a thoughtful tone, "Then let me discuss the fictional case of Lieutenant X who is court-martialed for murder. Everyone assumes that even if he is found guilty, he will not suffer the ultimate penaltywill not stand in front of a firing squad. And that's a safe assumption since a firing squad has not been constituted to shoot an American in the armed forces for over two decades. But my philosophy of law. is this-if you try a man for a capital crime, be it murder or sleeping on guard duty in time of war, then you should fully acknowledge that you may in fact send him to his death. Do not assume that judicial reviews of the sentence will reduce the penalty or that an executive pardon will stay the execution. That's a game, and the law is not a game. So if you cannot justify in your own conscience a firing squad putting ten bullets into a man-if you have no stomach for that, then you must reduce the charge."

"There is no lesser charge for which the statute of limitations has not run out."

Colonel Horton's eyes narrowed. "Ah, I see. We are down to cases. So whereas Mr. Tyson at some previous point in time might be more correctly charged with, let's say, conspiracy to conceal a crime, at this point in time, it must be first-degree murder or nothing."

Van Arken nodded slightly.

Colonel Horton nodded too, as if he were just discovering an interesting fact. He said, "Well, I must be going. I think 366 0 NELSON DEMILLE

I have an idea for my lecture tomorrow. Thank you, General. " Colonel Horton saluted, turned on his heel, and walked off.

General Van Arken watched him for a few seconds, then turned and walked in the opposite direction. For the first time he began to feel less confident about the justice of his own position. Privately he thought Tyson was guilty; but as Horton had pointed out, he would not want to see the man shot down by a firing squad. He only wanted to hold him up as a bad example for the rest of the officer corps. However, in his zeal to promote the ethical revolution that was sweeping the armed forces since Vietnam, he had reopened issues and debates best left in the past.

Nevertheless, the thing was started, and there was almost no way to stop it. Like a shout that begins an avalanche, this was growing and gathering force and momentum and thundering with deadly energy toward Benjamin Tyson.

Ben Tyson regarded his wife standing on he bottom landing. She

CHAPTER wore shower clogs,

cut-off jeans, and a

white T-shirt. In blue

letters across the front

of the T-shirt was

the Army reenlistment

slogan: Keep a Good

Soldier In. He won

30 dered where the hell

she had gotten that. He

noticed her hands were red, and he smelled ammonia. She'd been cleaning.

Marcy Tyson crossed the small living room and extended her hand to Karen Harper. Marcy said, "I'm so glad we finally met."

Karen Harper took Marcy's hand. "So am 1.

Both women regarded each other for a few seconds longer than Tyson considered necessary. He said, "Well, I'm glad too. " He addressed Marcy.

"Major Harper and I were walking and talking."

367

368 * NELSON DEMILLE

Marcy looked from one to the other, then remarked, "Perhaps you'd like to go upstairs and dry off."

Karen Harper replied, "I'll just borrow an umbrella, if I may. It's a short distance to the guest house."

"Stay awhile," said Marcy.

"No, thank you."

"I've brought a bottle of champagne. Help us drink it." She took Karen Harper's arm and led her to the staircase.

Karen Harper seemed to sense that to insist on leaving would be more awkward than staying. She said, "Thank you." She went up the stairs.

Marcy looked at her husband, smiled sweetly, then went into the kitchen without a word.

Tyson mumbled to himself, "Typical Tyson luck these days." He headed up the stairs, passed the closed door to the bathroom, and heard the hair dryer running. He entered the master bedroom and was surprised to see the bed covered with garment bags and the floor crowded with suitcases. He slipped off his running shorts and wet T-shirt, dried himself with his terry-cloth robe, and put on a pair of jeans, a tennis shirt, and sandals. He combed his damp hair and went out into the tiny hallway where he bumped into Karen Harper, whose hair and blouse were now dry. She had touched up her makeup and looked, Tyson thought, rather good.

She said, "I'm finished in the bathroom if you want to use the dryer."

"That's all right."

They looked at each other, and Tyson said, "Please stay for a drink."

"I'd rather not."

"I sense that my wife is upset about something, and if you had a drink with us, she might feel better."

"I doubt that, but if you mean you'd like ten minutes of calm before the storm, I'll stay."

Tyson smiled. "I guess that's what I meant." He motioned toward the stairs.

"After you."

They descended the stairs in tandem, and Marcy greeted them in the living room. "There, you both look much better." She popped the cork on a bottle of champagne and filled three plastic champagne glasses that sat on the coffee table.

WORD OF HONOR * 369

She said to Tyson, "When you told me there was no dishwasher, I brought lots of plastic and paper with me."

"Good thinking. Where's David?"

"The Jordans are looking after him. Melinda is only too happy to have him as a houseguest. "

Tyson explained to Karen Harper, "She's my son's girlfriend. The Jordans are summering in Sag Harbor. The Tysons are apparently now summering in Brooklyn."

Karen Harper addressed Marcy, "Will you be staying here then?"

Marcy handed her a glass as she replied, "Yes. I thought Ben was probably lonely here." She smiled and turned to Tyson. "Are you surprised? You looked very surprised."

"Did IT' Tyson picked up his glass. "I suppose that surprise is as good a word as any to describe my joy."

Marcy added, "David will join us shortly."

Tyson replied, "I don't think that's a good idea."

"Nevertheless," said Marcy, "we're cutting our vacation short to be with you." She looked at Karen Harper. "When will this be resolved?"

"By mid-October. The law-"

Tyson interrupted, "Why don't you and David just return to Garden City?

We'll be close, and---

"No, darling, we want to be with you. Here." She motioned around the room with her glass. "It's ... cute. Like our first apartment."

Tyson didn't see any comparison with their first apartment. He said, "Major Harper thinks it will do me some good to experience a reduction in my life-style."

"I'm happy to see Major Harper is interested in the development of your character. " She added, "I sublet the Sag Harbor house for August and got a nice price. So there's no turning back there. As for Garden City, I don't think the climate is quite right for David or me to return. " She looked directly at Karen Harper. "David has suffered far more peer persecution than he's let on. Children are such savages. Do you have children?"

"No, I've never been married, as you may have read."

Marcy held up her glass. "Well, before it goes flathere's to our new house."

370 0 NELSON DEMILLE

They drank. Tyson put his glass down on the coffee table. "Anyway, I'm glad the two women in my life had this opportunity to meet. So---Karen Harper addressed Marcy, "I want you to know, Mrs. Tyson-I told your husband this--that I personally feel very badly about the way the press has carried on regarding your . . . your counterculture activities and other forms of protest during the Vietnam War. I myself was not old enough at that time to comprehend much of it, though I think I can understand your commitment to the peace movement as well as the forms of protest you chose to exhibit . . . to demonstrate that commitment. And I want to assure you that the negative publicity you are receiving is in no way influencing the Army's handling of this case."

Marcy Tyson regarded Karen Harper for some time. The sound of the rain outside filled the small room. At length Marcy responded, "I would have guessed you to be old enough to recall the war. But I'll take your word for it."

Tyson thought he ought to change the subject, but some perversity in his character made him want to hear more.

Marcy moved closer, then said, "I want you to know that I never gave any credence to those asinine innuendos in the tabloids regarding you and my husband."

Karen Harper replied coolly, "It's good of you to say that. I wish others could be as mature." She put her glass down and with her hand out approached Marcy. "Thank you for the wine."

Marcy took her hand and held it. She looked into Karen Harper's eyes and said, "But I'm also not so foolish or naive as to believe that you and Ben have not established a close rapport. I'm sure you've discovered that my husband is a remarkable and decent man and if the law is at all compassionate, he is deserving of that compassion."

Karen Harper held Marcy's gaze and replied, "That is precisely what I've discovered, Mrs. Tyson, and unfortunately not much else. Good evening."

Marcy released her hand.

Karen Harper retrieved her handbag and briefcase. Tyson picked up the umbrella that was propped beside the front door. Karen Harper walked to the door, then she turned back to Marcy. "I had an image of you that was quite WORD OF HONOR * 371

different and probably influenced by the media. In fact, I thought you were a liability to your husband's cause, but I see you are an asset. He needs all the assets he can get now." She turned to Tyson, "The best of luck to you."

Tyson smiled. "Alas, the Tyson luck has run out. But the Tyson wit, charm, and intelligence will suffice. Good night, Karen. "

"Good night, Ben."

Tyson handed her the umbrella and opened the door. He watched her raise the umbrella and walk off in the gusty rain. He was reminded of the first day they'd taken leave of each other in front of his house, another house, long ago in the May rain, with his borrowed umbrella above her head. He closed the door and turned to his wife. Marcy's eyes were fixed on him, and he knew from long experience that she would not speak unless he did. He said,

"Women are very stiff and formal with each other when they first meet, but they can still get some good zingers in. All in all, I'm happy to see you finally learned something from the ladies in Garden City."

Marcy peered at him through narrow eyes.

He cleared his throat and added, "There are times when savoir faire is preferable to salty language and emotional outbursts. You are, after all, an officer's wife. I'm quite proud of you."

"Go fuck yourself."

"Now, now-"

"You were both here before you took a walk, weren't you? That's when she said something about this place being good for you or something. How long were you here?"

"Not long enough for a man my age to consummate the sexual act. " He poured himself more champagne and added, "Look, I'm flattered that you're jealous.