South Sea Woman

Gentlemen, the general court-martial

will convene.

- Is the prosecution ready to proceed?

- Aye, sir.

- And the defense? And the defense?

- Yes, sir.

Bring in the accused.

Provost sergeant,

reporting with the prisoner.

James o'Hearn, master gunnery sergeant,

United States Marine Corps.

Very well.

The accused will sit over there.

Your husband, ma'am?

- Brother?

- Court-martial will open.

Does the accused object

to any member of this court?

No, sir.

The judge advocate will read

the charges and specifications.

The accused will rise.

"Charge one, desertion.

Sergeant o'Hearn,

United States Marines Corps...

...while so serving at Marine Headquarters

Fourth Marines, Shanghai, China...

...did, on or about November 24th, 1941...

...desert from said barracks

and from the Naval service...

...and did remain a deserter for 276 days

until apprehended and taken into custody.

Charge two, theft...

...in that Sergeant o'Hearn

did feloniously steal...

...a private yacht valued at $275,000,

leaving a receipt...

...bearing the forged signature

of the president of the United States.

Charge three, shanghaiing sailors.

Sergeant o'Hearn,

by assault with a deadly weapon...

...and by threat of murder,

on the French colonial island of Namou...

...did forcibly assemble a crew

to sail said stolen yacht.

Charge four, scandalous conduct tending

to the destruction of good morals.

Sergeant o'Hearn did take from Shanghai

a woman named Ginger Martin...

...and keep her with him constantly

for said 276 days...

...without benefit of wedlock.

Charge five,

willful destruction of private property...

...in that Sergeant o'Hearn did,

maliciously and without provocation...

...sink a saloon."

Oh, no.

James o'Hearn, master gunnery sergeant,

United States Marine Corps.

You heard the charges

and specifications against you?

- Yes, sir.

- How say you, guilty or not guilty?

I have nothing to say, sir.

You refuse to plead guilty or not guilty?

- You stand mute?

- Yes, sir.

Sergeant o'Hearn,

you served under me at Nicaragua.

I never found reason to doubt

your fighting qualities as a good Marine...

...or your ability to turn the air blue

with the gift of gab.

Why now do you choose to stand mute?

There's a time to talk, sir,

and a time to keep your mouth shut.

You are aware, are you not,

of the seriousness of these charges?

I am.

You are aware that you face

a possible sentence of death...

...not to mention a total imprisonment

of 143 years?

The last hundred won't hurt, sir.

And you still insist on standing mute?

Deaf, dumb and mute.

Lieutenant Miller,

United States Marine Corps...

...appointed defense counsel

pro tem, sirs.

Sergeant o'Hearn, you have no objection

to Lieutenant Miller acting as your counsel?

Why should I have counsel

if I'm not putting up any defense?

That's the point, sirs.

Since the sergeant... I mean,

the accused, has chosen to remain mute...

...it says in Section 413

of the Naval Courts and Boards...

It says here...

It says here:

"If the accused stands mute...

...the court shall direct a trial to proceed

as if the accused had pleaded not guilty."

- Isn't that right, sirs?

- That is correct.

Then I can defend him

like he pleaded not guilty?

I told you that was correct.

Sir, I object. I don't want any bathtub

jarhead beating his gums to save me.

- Objection not in order.

- But, sir...

The accused will sit down.

The prosecution will proceed.

Chief Boatswain's Mate

orville H. Masterson...

...United States Navy.

Chief Boatswain's Mate

orville H. Masterson...

...United States Navy.

Raise your right hand.

You do solemnly swear...

...that the evidence you are about to give

before this court...

...to be nothing but the truth,

so help you God?

I do.

Take the stand, please.

- State your name, rate and station.

- Orville H. Masterson...

...chief boatswain's mate,

United States Navy...

...attached to the submarine Shark,

now dry-docked at San Diego.

If you recognize the accused,

state as whom.

Master Gunnery Sergeant James o'Hearn,

United States Marine Corps.

Tell the court the occasion

of your first meeting with the accused.

It was the night of the 12th

of September, 1942.

We were running surface

with me standing dogwatch...

...when all of a sudden, I sight what

first looks like a Japanese submarine...

...but turns out to be a raft

with a man and woman lashed aboard...

...and a distress signal flying.

- What kind of distress signal?

- A pair of unmentionables, sir.

Unmentionables?

Mention the unmentionables.

Well, sir, they were Skivvies.

What you call panties, sir.

Fancy lace panties.

You must have been cold, ma'am.

- Are you certain of that, chief?

- I saw them, sir, fluttering in the breeze.

I think the number of service stripes

worn by the witness...

...qualifies him to identify the flag

the craft was flying.

Proceed.

- Who was the man aboard the derelict?

- Him, sir.

Did the accused identify himself

as a member of the Marine Corps?

No, sir, but we became suspicious

when he started complaining...

...that the chow was only fit

for a hog or sailor.

Did the accused offer any resistance

to being charged?

He was beyond that, sir.

He was so done in that we didn't know

for six days whether he'd live or conk out.

He gave no explanation

of his predicament?

None, sir, except he kept raving

like a maniac for about 10 days.

- About what?

- Oh, I couldn't make it out exactly, sir.

He kept laughing and yelling

about him and his buddy...

...single-handed destroying what sounded

like the whole Japanese army and navy.

Just the two of them?

Without the help of the armed services?

Yes, sir.

But we discounted that, sir,

taking into consideration his condition...

...and the fact that he was a Marine.

- Your witness, lieutenant.

- No questions.

Thank you. That's all, chief. Step down.

Has the accused been cleared

through the psychiatric section?

It's immaterial.

Since he's never been

in a mental institution...

...the law presumes him sane.

But the fantasy of the testimony,

the man standing mute.

Sergeant o'Hearn,

why won't you defend yourself?

Whatever the reason, sir,

it's not because I've gone off my rocker.

If I may call a witness out of turn, sirs...

...I believe I can provide the court

with an explanation.

Proceed.

Miss Ginger Martin.

Pardon me.

I object to the calling of a witness

who's been present during testimony.

Why wasn't this witness

advised to wait in the anteroom?

I didn't know, sir.

This is my first case, sir.

The witness cannot be disqualified.

The credibility of her testimony

may be judged accordingly.

Take the stand, please.

Lay off Davey White.

- No communing with your witness.

- I don't want her for my witness.

He doesn't want me to testify because...

- I told you lay off Davey.

- Sergeant.

- If I hear another word...

- Go on, throw the book at me.

- I'm telling you I don't want any defense.

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