"Blam." "Donnez-moi le ballon." "(children talking French)" "Sure hot, isn't it." "Better fix yourself." "Court Martial spit and polish." "Proceed to convene the court." "The accused will rise." "The charge" "Violation of article of war 75." "Misbehavior before the enemy." "Specification." "That private William G. Kirby, did at Hill 256, In the vicinity of Chateau du Doire" "On or about 7 August, 1944, while attached to elements of Company F 361st Infantry" "Run from the enemy." "Shamefully remain under cover." "And refuse to carry out the duties and responsibilities of a member of the Army of The United States." "What could he get?" "Shot." "Proceed to convene the court." "The accused will rise." "How does the accused plead?" "The accused, wishes to plead" "A little louder, please Captain." "The accused pleads not guilty to the charge and specification." "(Children playing)" "Does the accused wish to challenge any member of this court?" "The accused wishes to challenge, for cause." "I am sorry Captain Duke." "Corporal." "(children can be heard)" "Get the children out of there." "Hey." "You kids." "Go on." "Beat it." "Proceed." "The accused wishes to challenge, for cause." "Major Daggett and Captain Worrster." "Yesterday I overheard in the bar of the Hotel Pascal" "Major Daggett and Cpt." "Woster discussing this case." "Both officers agreed if the accused was found guilty he would deserve the death sentence." "Major." "Do you wish to make a statement?" "Ah, well Sir." "I would like to say that, uh" "Well, I never knew the Captain here, ever went into bar rooms." "Ah, Colonel." "Cpt." "Lisbon and I have been talking together Sir,and uh" "We did decide the death penalty was possible." "Lord only knows all you have to do is turn to page 221 of the manual book." "Court's Martial find that out Sir." "But neither one of us said" "The death sentence was mandatory, or deserved." "Cptn." "Woster." "The Major's statement is correct Sir." "This court will close, while a vote is taken on the validity of the challenges." "Hey boy." "Ha ha ha." "You guys are a sight for sore eyes." "Come on in here." "Hello Captain." " How are you?" "Hey." "Hey, where's the outfit, huh?" "Oh, north about 10 miles." "The Lieut. gave us a 48 hour pass to come and see ya." "Good, good." "What happened?" "Everybody thought you were dead in that barrage." "Aw." "It takes more than a kraut to bleed the blood out of ole Kirby." "You know that." "Of course now if you ask me, that's exactly what this court's trying to do." "Oh Captain, uh" "I have to admit I don't like the looks of those two officers you challenged." "I kinda think they already made their minds up." "Well, if we're sustained, we won't have to worry about them." "What if we aren't?" "Well then we'll get rid of one of them per entry." "Per what?" "You see, we're allowed one per entry challenge." "That means that" "We can have any single member of the court excused." "We don't even have to have a reason." "All we have to do is say you go, and he goes." "But, one from two." "That still leaves one." "Yes." "I'm afraid it does." "Kirby." "Yeah." "Did you do it?" "Do what?" "Did you run." "Huh!" "Will shoot you I ran." "I ran right out of the front sight of a kraut meat chopper." "Huh." "I think I broke the record for the 60 yard downhill crawl." "Wh, Captain, look." "You can't hang a man for running from a machine gun." "True." "But the man William, uh" "An NCO from Fox company, Sergeant Metcalf." "He says there was no machine gun." "Well did uh, did" "Anybody check later up on that hill?" "There was no later." "Krauts threw in about a ton of mortars and," "Kirby and Metcalf took off." "Kirby." "Now you're positive." "You're sure there was a gun up there?" "Have I ever lied to you?" "No." "Wait wait wait wait." "About little things, yeah." "Not this." "Sarge." "There was a gun." "Okay." "Hey." "Hey, come on now." "Get those glum looks off your faces." "This is the best deal I ever had here." "Got uh, 3 squares a day, a good bunk, cozy room." "Huh." "Okay Ken." "They're ready Sir." "Right." "Well, onward and upward." "Well." "He's taking it pretty good." "You kidding." "He's scared stiff." "The challenges for cause are not sustained." "Does the accused wish to exercise his right to one per entry challenge." "The accused challenges Major Daggett." "Major Daggett, you are excused." "Alright, Major." "The prosecution calls as it's first witness" "Sergeant John C. Metcalf." "Sgt. Metcalf reports to the present of the court." "Raise your right hand." "Do you swear the evidence you shall give in the case now in hearing be the truth, the whole truth and nothing but the truth." "So help you God," "I do." "Be seated." "State your full name." "Sergeant John C. Metcalf." "Fox company. 361st Infantry." "You know the accused?" "Yes Sir." "Is he in the courtroom?" "Yes Sir." "Please point him out." "There Sir." "Sergeant." "How long have you been in the army?" "Almost 3 years Sir." "Have you ever been in combat?" "Yes Sir, here." "Before that, Africa." "Have you ever received any decorations?" "Bronze star, silver star, three purple hearts." "Objection." "Previous record has nothing to do with the issue at point." "Oh, but I think it has, Captain." "I'm quite sure that if the accused had an excellent record, that you'd bring that up." "Objection sustained." "Strike the question, and the answer." "Now Sergeant." "Please tell the court the circumstances of your first encounter with the accused." "My squad was advancing toward Hill 256." "The first time I saw private Kirby was when we reached the road, which runs along the base of 256." "He was in a ditch." "Alone." "Nobody in sight." "Blam." "Blam." "Soldier." "Soldier?" "Where's your outfit?" "Bo Peep has lost his sheep." "You hurt?" "I don't think so." "Okay." "You're invited to a hill climb." "I can use a good BAR man." "Wait." "What about my outfit?" "Well." "Where are they?" "Don't know." "You stick with me." "Make off that way about 150 yards and take position." "We'll take it from the front." "Come on." "Come on." "I'll get you back to your squad later." "Blam." "Blam." "Blam." "Blam." "Alright, I'll give you the word." "Up we go." "Alright." "Let's go." "That hill." "Hey." "Hey." "Get back here." "Machine gun." "Get back." "We were walking right into it." "I swear." "You're a liar." "You're the one that's the liar." "There was a gun up there." "Hey." "What's the matter with that hot chow you been raving about?" "It's gonna be cold chow if you don't eat it soon." "Sarge, are they trying to railroad me?" "Come on and eat." "No, I won't." "I mean it." "Now are they?" "You know the army doesn't railroad anybody." "Look." "You heard that Metcalf." "He said there was no machine gun up there." "Sarge, I saw the thing with my own eyes." "What about the three other men in Metcalf's squad?" "They said they didn't see a machine gun either." "How could they?" "From where they were." "They could have heard it." "They couldn't hear it cause there's mortars going off all over the place." "Alright." "Come on will you Kirby?" "It's gonna be alright." "Tomorrow you'll tell your side of it." "Huh." "Me." "McPrivate goofball." "Tell us about your decorations, private goofball." "Well Sir." "Let me see, uh." "I was awarded the order of the golden brick for" "Being AWOL more than anybody else in the platoon." "And there was a bronze fist for starting a riot in that French cafe." "Who's gonna believe me?" "Can I join you?" "You're uh, Kirby's squad leader, aren't you." "That's right." "Saunders." "Well, Saunders." "I can't recommend the cuisine here too highly." "Unless you're short on rations." "It's alright." "I'm not very hungry." "Oh." "Heat?" "Partly." "Your boy got you down, huh?" "They're gonna hang him by his toes." "Possible." "Look." "I've seen Kirby in a dozen battles and he's never run before." "Well that's really, very commendable." "Why should he start now?" "Well, I don't know uh." "I guess some people just get scared." "I know he's been scared." "But he's never run before." "Hey look." "Your boy is guilty." "That's it." "He gets what he deserves." "You hate him pretty good, don't you, huh?" "Huh?" "No." "I don't hate anybody." "Why are you so anxious to pin Kirby's hide against the wall?" "Because the sooner we get rid of the Kirbys, the sooner we're gonna win the war." "Alright." "He's one little twenty five cent coward of a rifleman, right." "So what can he do." "He can pull the rug on ya." "So fast that's it's over before you ever find out what happened to you." "That's what he can do." "Blow a whole battle." "Maybe a whole Campaign." "You think I'm, uh eh, exaggerating?" "Buddy, these two eyes saw it happen." "I'll tell you what else he can do." "He can kill your own people for you." "I had a" "Kirby, in Normandy." "And seven good men are rotting now, cause he got jelly in his craw." "No my friend." "I don't hate." "Sure do have bad dreams though." "(Knock knock knock)" "It's open." "I'm sorry to bother you Captain." "Ah, I figured you might be by." "What are you up to." "I just had a talk with Sgt. John C. Metcalf." "Ah." "Court thinks he's the greatest thing since Sgt. York." "I know." "What about you, Captain?" "Well." "He spins a pretty convincing yarn." "In other words," "Kirby's guilty." "I didn't say that." "I know." "But, is that what you think?" "You asking me, or you asking yourself?" "I have to ask myself." "I fought side by side with Kirby ever since D-day." "What I want to know is, what can we do for him?" "Tomorrow I put him on the stand." "Let him tell his story, and that's it.." "And nothing else?" "What else is there?" "There were 2 guys on that hill." "One of them says there was a machine gun." "The other one says there wasn't." "Nobody else was around." "Yes there was." "The Germans." "You're positive he was on hill 256?" "He was up there alright." "In fact, he was the NCO in charge." "Well, you tell him about Kirby and tell him that we," "That we need his help." "(German)" "Herman Miller, Oberfeldwebel null fünf acht vier ein acht." "He says his name is Herman Miller." "His rank is Master Sergeant." "His serial number is 054914" "Tell him this has nothing to do with the war." "Tell him we want to find out if there was a machine gun up there." "That's all." "(German)" "Herman Miller, Oberfeldwebel null fünf acht vier ein acht." "You tell him that a man's life depends on this." "Just tell him that." "Herman Miller, Oberfeldwebel null fünf acht vier ein acht." "Is this the only prisoner you took up there?" "The only one." "Okay." "Take him back." "Aus." "Was there a machine gun up there on that hill?" "Mein Name ist Herman Miller, Oberfeldwebel." "null fünf acht vier ein acht." "Saunders." "There's got to be something, Captain." "Free air maybe." "Look what happens." "When a weapon fires, it leaves." "It leaves empty shells." "No good." "I already thought of that." "Why?" "Who'd go around a battlefield picking up empty shells Captain?" "The court won't buy it." "Why not?" "Well." "Supposing we found a big pile of machine gun shells on Hill 256." "How could we prove they were fired at Kirby?" "Those hills have been fought over for weeks." "Well wouldn't it create some doubt?" "Not enough." "But suppose," "It was one battle." "Suppose, suppose, suppose." "It's possible." "But not very probable." "There's been a lot of fighting in that sector." "Well, we'll see." "Let's see now." "Chateau Du Doire." "Oh yes." "Here we are." "Hill 256." "Hmm." "That'll be book four." "Humph." "What is it Sir?" "This particular piece of terrain, this Hill 256." "There seems to have been only one engagement there." "When?" "The 7th of August." "Feel like taking a ride, Captain?" "Sounds like a very good idea, Sergeant." "Oh, not if you have Hill 256 in mind." "We been doing a lot of shifting of units there for the past 3 days." "Well who's there now Sir?" "Uh, British, Germans, our people." "I can't really give you an honest answer." "The best I can do at the moment is call it the "No Man's Land"." "Hmm." "Well." "I guess there's nothing we can do." "Is there?" "Psst." "Here's the Chateau Du Doire." "Hill 256 is around here somewhere." "According to latest reports this whole surrounding area is one big question mark." "I don't like questions." "Are the Germans there, or aren't they?" "Division Intelligence doesn't even know." "Huh." "Every time they don't know something you can count on 20 Panzer divisions." "20 Panzer divisions!" "Where?" "Oh." "We're just joking Corporal." "Whew. 20 Panzer divisions." "That's, uh, some joke." "Okay." "Suppose we did go?" "We wouldn't be able to start searching under daylight." "So?" "So?" "Kirby's going to be sitting in the witness chair." "At ten o'clock tomorrow morning." "We could meet." "I mean, you wouldn't intend to come back in broad daylight, would you?" "You don't have any other suggestions?" "Look Sarge." "You know the odds to come back from there to here in broad daylight?" "Whatever they are, they're better than Kirby's." "How about it." "Will you go?" "You got the stripes." "Now wait a minute." "You know I can't order you to do anything the Army wouldn't authorize." "Makes me mad." "Every time you give me a choice, there isn't a choice at all." "Yup." "I'll go." "That's what I figured." "Thanks buddy." "Thanks a lot pal." "At least we don't have to worry about the moon tonight." "Yeah." "That's the only thing." "Ready." "Yeah." "Let's go." "Hope you know where we are?" "Least they could do is put up a sign." "You are now entering No Man's Land." "Halt!" "Snowflake." "We're Americans." "Are ya now?" "Then I don't suppose you'd mind reciting the countersign." "Uh, we're from the 361st." "King Company." "We're on a secret mission." "Well now." "Isn't that mysterious." "Move." "Uh huh." "That's about it Lieut." "I figure we were about a mile from Hill 256 when your men stopped us." "Sounds fantastic enough to be true, Sir." "This man speaks with a French accent." "Well yes." "He's a Cajun." "See, he's from New Orleans, and most Cajun families in New Orleans they speak" "I'm aware of that." "We do have schools in England, you know." "I think they're telling the truth, Sir." "Do you really Sergeant." "Well suppose you get on the phone to the 361st for a little verification." "Hup." "Ah hah." "Another hour, it'll be daylight." "Uh huh." "It's alright Sir." "They are from the 361st." "You're free to go." "Thank you, Lieut." "I suggest you get back to your own unit." "Well that's what we'll do, Sir." "Don't be glib with me, Sgt." "I'm well aware the moment you get out of here, you'll continue with your preposterous scheme." "If it was one of your men, wouldn't you?" "No." "It's that way lads." "There's plenty of noses, and don't forget your eyes and ears." "The sign's snowflake, and the countersign's iceberg." "Thanks a lot, huh." "Thanks a lot, pal." "Good Luck." "I would." "(noises heard in bush)" "What is it?" "I don't know." "Wire." "Es ist zu heiß. nehmen fünf." "Ich mag das nicht." "Ja." "Thump." "I wonder who's flare that was?" "Probably theirs." "Let's go." "Is this it?" "Yeah." "It's around here somewhere." "Are you sure?" "All we have to do now is find us some German shells." "Yeah." "This way." "Alright." "(rooster announces dawn)" "One blue plate special, coming up." "Coffee's not bad." "Thanks." "You find anything yet?" "Found a lot of our stuff." "I haven't found a German shell yet." "I think we're too far to the right." "Yeah, all we need is another 3 days." "Hey Sarge." "Somebody cut out a field of fire." "Good?" "Let's go." "Hey." "I think we found what we're looking for." "Here." "Ha ha ha ha ha ha" "You okay?" "Okay?" "I haven't felt better in 2 days." "Here." "Look at that." "(Vehicles heard approaching)" "(many German voices)" "Court is now in session." "All parties to the trial who were present when court adjourned are again present in court." "Does the defense have an opening statement?" "No Sir." "The defense calls as a witness Private William G. Kirby." "What do you think they're doing?" "I don't know." "Maybe they're cutting wood for a field kitchen." "What do we do now?" "Sit and wait." "Men were going down like ten-pins." "O'keefe got hit." "And then, Nathan got hit." "Lieut." "Hanley got hit." "People..just screaming and kicking all over the place." "Blam." "Blam." "Blam." "Blam." "Blam." "Nobody ever invented words for a thing like that, Sir." "How long did the barrage last?" "5 minutes." "5 hours." "I, I don't know." "And what did you do?" "I got sick." "Felt like I was gonna die." "And then?" "And the, the world just blew up Sir." "Next thing I knew I was lying there in that ditch." "Head felt like it'd been run over by a steam roller." "Couldn't move." "Couldn't think." "Couldn't even remember what day it was." "Blam." "Blam." "Soldier." "Soldier?" "Where's your outfit?" "Little Bo Peep has lost his sheep." "You hurt?" "I..." "Don't think so." "Okay." "You're invited to a hill climb." "With the 8th army." "No way." "Wha, what about my outfit?" "Where are they?" "I don't know." "I think..." "Stick with me." "The 3 of you off that way about 150 yards." "I'll go up the middle with him.." "Come on." "Wait." "I'll get you back to your outfit later." "Come on." "Blam." "Blam." "Blam." "Alright." "When I give the word, up we go." "Let's go." "We change." "Uphill." "(machine gun firing bursts)" "Machine gun." "Blam." "Blam." "Get back there." "Machine gun." "Get back." "We were walking right into it." "I swear." "You're a liar." "He's the one that's a liar." "There was a gun up there." "Kirby." "I warn you." "Any further outbursts will not be tolerated by this court." "Don't you mean, you thought you were staring into a muzzle blast?" "No." "You know, of course that, Sgt. Metcalf said he didn't see it." "Yes Sir." "How do you explain that?" "I don't know Sir." "Doesn't it strike you a little odd that one man can see a machine gun and another man can't?" "Sir, it was there." "I swear it was." "Then why weren't you hit?" "I don't know sir but" "With bullets all around me.." "You weren't even nicked." "No Sir." "I see." "First you are blown through the air by an 88 shell with" "No more consequence than an aching head." "And then a machine gun fires point blank, and misses you completely." "I know it sounds crazy." "It also sounds a little crazy, that Sgt. Metcalf wasn't hit when he tried to drag you out of that ditch." "Sir." "The gun must have stopped." "Sometimes they jam up." "And sometimes they aren't even there," "Sometimes a man gets so scared, he dreams them up." "No, I swear." "I object." "I object to the Major's assumptions." "And I object to his abusive treatment of the accused." "You're sustained, Captain." "This court will recess until 1300." "(Gavel bangs)" "Hi Kirby." "Brought you lunch." "Well, go on." "Open it up." "Ha ha ha." "Got a little stale." "I'll bet you can't eat that." "Ha ha ha." "These little things are the one's were fired at you." "It's true Kirby." "These two lunatics went out to hill 256." "I ought to have them court martialed." "Hey Captain." "Does this mean?" "We still have to convince the court." "Don't worry." "I'll do it." "Would you describe your exact duty, Sergeant?" "Well Sir," "I'm in charge of the ordnance Battalion small arms section." "We do the repairing and the maintenance for the entire division." "How long have you been in ordnance work?" "Ever since I first joined Sir." "Twelve years." "Uh huh." "Will the prosecution accept this witness as an ordnance expert?" "The prosecution will." "Now Sergeant." "Would you identify this for the court?" "This is the empty casing of a German 8mm ball cartridge, Sir." "You're sure?" "Positive Sir." "They actually measure out at 7.59mm, but they're classified as 8." "Now." "Would you identify this?" "This is a piece of link, Sir." "The kind the krauts use to belt ammo." "So." "If you found a pile of these, mixed in with a pile of these," "What would you think?" "I'd think they were fired from a German machine gun, Sir." "And how many of these do you estimate were in the emplacement?" "Between 100 and 150 Sir." "Um huh." "Now." "Getting back to the emplacement itself." "You're absolutely certain it was on Hill 256?" "Yes Sir." "I made a positive orientation with map and compass." "And how did you finally escape from Hill 256?" "Well, we crawled right through the underbrush until we were out of sight Sir." "Then we crossed the road." "And ran." "Well, right through the British Lines." "The British, the French, the Americans." "No one fought on Hill 256 before or after 7th August." "No Captain, no one." "Your witness." "No questions." "Are there any questions by the court?" "The witness is excused." "It is the opinion of the prosecution that the charges against the accused should be dismissed." "The prosecution therefore requests a recess to acquaint the convening authority with the evidence that has just been presented." "Court will recess until further notice." "(Bangs gavel)" "Hah." "That's it Captain?" "You mean I'm sprung?" "That's it." "Ha ha ha ha." "Oh." "Uh." "Ha ha., I'm sorry Sir." "That's alright." "Kirby." "Huh?" "Oh, Caje." "Ha ha ha" "Major Hendricks just told us they're gonna dismiss the charge." "Boy, that's great." "Thanks to you guys." "And you, Captain." "I mean it." "Talk about coming through in the pinches." "I just don't know where to begin." "Kirby." "What do you want?" "You want to say you're sorry?" "You want to apologize?" "Knock it off." "I didn't see any machine gun up there, Kirby." "I didn't see it." "I swear it." "How do ya" "Not see a machine gun?" "Well," "People see things that don't exist." "I guess it's possible to not see something that does exist." "So long, fellas." "Especially if you spent the ast two years of your life charging German gun positions." "And leading, men you care about straight into the face of rifle and machine gun fire." "Not even stopping for a moment to think about being afraid." "There goes a man so conditioned to being brave." "He can't even see danger when it's staring him right down his throat." "What's gonna happen to Metcalf now, Sarge?" "I don't know." "Probably get a rest, maybe a month or two somewhere." "And then?" "Then back to a foxhole." "Night Patrol." "A frontal assault on a hill." "Let's go home." "Subs by Jack T"