Ellery Queen's Mystery Magazine, Vol. 14, No. 68, July 1949

Subject to review by Mary Adams Sarett

Mary Adams Sarett’s “Subject to Review” one of the eleven “first stories” which won special awards in last year s contest. It is an unusual story, told in documentary style, and although restrained in tone and deliberately mannered, has the impact of a real-life case history.

Mrs. Sarett majored in writing at Sarah Lawrence College and has been writing off and on since her graduation. In the last five years she has written what she describes as “an exceptionally bad novel” (we wonder), a number of plays which pleased only herself — and, in general, “bit off more than [she] could chew.” More recently, she tried her hand at short stories, but while these received encouragement, she did not actually sell one until EQMM offered to buy “Subject to Review.”

Yes, Mrs. Sarett’s first story is unusual — for who things of murder in the midst of battle? Who things of the murder of an individual while mass murder is the order of the day? Gilbert K. Chesterton once wrote a story in which he asked: “Where would a wise man hide a leaf?” And he answered: “In the forest.” And then GКС proceeded to have a man murdered on a battlefield — how better conceal a dead body than to surround it with many dead bodies? But Mrs. Sarett’s conception of murder on a battlefield is altogether different, and stems from far more realistic sources.

“Subject to Review” was inspired by newspaper accounts of just such tragedies as Mrs. Sarett has woven into her first story. True, the newspaper accounts were always vague and curiously incomplete, leaving plenty of room for a writer’s imagination. Once committed to her theme, however, Mrs. Sarett found that she had to bolster her imagination with considerable research; she studied official procedure and cross-examined many people whose war experiences were more intimate than hers and whose memories were still vivid and, in some instances, partially recorded. And Mrs. Sarett did her research well: the stamp of authenticity shines through her tale of a military murder investigation.

POSTSCRIPT: Long after we had awarded a special prize to Mrs. Sarett’s first story, and after we had already purchased the tale for EQMM, it occurred to us that there was something strangely familiar about the author’s surname. “Sarett” is an uncommon name, and then we realized that it reminded us of Lew Sarett, the well-known poet, and winner of many Poetry Prizes. We dropped a note of inquiry to Mrs. Sarett, and she replied that she is Lew Sarett’s daughter-in-law. “Mr. Sarett,” she went on, “has been a great inspiration to me, both as a person and as a poet” — which illustrates again the inextricable relationship between poetry and ratiocination.

1412 Lukens Blvd.

Oakland, Calif.

April 10, 1945

Corporal Robert Chandler 3ххххххх

APO #xx, c/o Postmaster

San Francisco

Bob darling—

I know it’s been some time since I’ve written, but don’t think I’ve for-gotten you, dear. I must think of you every day a thousand times — everything I do alone makes me think of all the things we used to do together.

Your letters sound so discouraged. Darling, the war can’t last forever. Your mother and I are so glad you and Lee Graham are in the same outfit. Maybe you know I never liked Lee much, but of course it means a lot to you to have your best friend with you — and maybe the war will make more of a man of him. It does seem unjust, though, that he should be your superior officer.

We’re all terribly busy here. The children miss you dreadfully and they’re hard for me to handle alone. Your mother will interfere. I don’t know what she writes you, but I can’t help feeling from your letters that she tries to turn you against me. I think she’s a little jealous and always has been. We mustn’t let her come between us, Bob!

I have to stop now, but will write again tomorrow.

Remember, darling, I love you more than anything in the world —

Verne

April 29, 1945

Corporal Robert Chandler 3ххххххх

APO #xx, c/o Postmaster

Darling—

Your letters worry me so. I know you’re going through hell, and I try not to think of any thing but how wonderful it will be when you come home. You know, I never doubt for a second that everything will turn out all right for us. But, dear, be careful.

You can imagine my reaction to that mission! I hate to say this about Lee, but it seems to me he could have sent someone else — or gone himself. After all, he has no family dependent on him. Well, thank God you got back safely!

Speaking of dependents, I’m afraid I’m having a little trouble making ends meet. Prices are simply fantastic and the children are growing out of their clothes every other day. I do try to manage, but I just can’t seem to make things go around on what you send home. I know you’ll hate the idea of touching our savings, Bob, but I honestly don’t see anything else to do. What do you think?

Please, darling, don’t listen to the things your mother says against me! You’re very gullible, you know — though I suppose it’s one of the things I love about you, the way you see good in people. But after all, Bob, I am your wife, and you must trust me. Just because we’re different kinds of people, she imagines things about me. I can’t so much as go to the movies without making her suspicious, and of course she can’t begin to understand why everything costs so much more now.

Write me as often as you can, dear, and please give what I’ve said about the money some serious thought.

All my love,

Verne

May 15, 1945

Corporal Robert Chandler 3ххххххх

APO #xx c/o Postmaster

Bob darling—

You don’t know what it does tome to hear what you’re going through, and not be able to do anything to help! I look at your picture for a long time every night, and you look so young — it’s hard to imagine that this awful war could separate us. The one of you in uniform looks so determined — and helpless, somehow — but I know how brave you are, and I’m terribly proud.

Please try not to worry about things, Bob. The children and I will manage somehow. And you simply mustn’t believe your mother. When you get home, the three of us can talk everything over, but the important thing is for you not to worry.

Sometimes I feel that if the war doesn’t end soon, we’ll all go out of our minds. I thought I might try to go spend a few days with my family and leave the children here with your mother — the change would do everybody good. But we just can’t afford it. I went down to the bank today to ask about taking some money from our savings account, but they said I must have your permission in writing. Darling, I hate to add to your troubles, but we have to have money right away or I don’t know what will become of us. Your mother doesn’t seem to understand, but I know you wouldn’t sacrifice the children’s health even if it seemed to threaten our security as you say in your letter. Please, dear, write the bank immediately.

It’s sweet of you to share my letters with Lee. Mrs. Graham says she writes him every day, but she’s such an hysterical woman it might be better if she didn’t. She worries so it puts us all on edge and it must upset him, too. That’s probably what makes him act so strangely. War does funny things to people — things they aren’t really responsible for.

Take care of yourself, darling, and pray the war ends soon.

All my love,

Verne

May 30, 1945

Corporal Robert Chandler 3ххххххх

APO #xx, c/o Postmaster

Dear Bob—

I’m in a great hurry, so this will just be a note. The bank tells me you still haven’t written about the money. It hardly seems possible that you are doing this deliberately, but knowing the way your mother feels about me and the lies she tells you, I suppose I might have expected it. Things are getting desperate, Bob. And it breaks my heart to think you don’t trust me or care enough about me to do something about it. I never would have believed you were stingy or cruel — or even just indifferent — but you leave me no choice in thinking that now!

I still love you —

Verne

Sept. 8, 1945

Corporal Robert Chandler 3ххххххх

APO #xx, c/o Postmaster

My dearest boy—

The whole world seems to have gone mad since this awful war. Lee Graham’s death was a terrible shock to us all, but that you should be held responsible is the most horrible thing of all! The army must be insane to accuse you of a thing like that. What dreadful mistake has been made?

I wrote to the President of the United States the minute I got your letter — I know he’ll see what’s right and take action. Bob, dear, write me all the details of what happened and I’ll move heaven and earth to help you. A great country like this will surely not stand for such a travesty of justice! My dearest son, have courage.

Verne left a few days ago to go visit her family and I haven’t been able to get in touch with her yet to tell her of this tragic business. No, the bank didn’t give her the money. She’s so extravagant, I think you acted wisely. Of course all our little misunderstandings seem insignificant now— Don’t give up hope, son. God will hear our prayers and not fail us!

Mother

SUBJECT: The case of Cpl. Robert Chandler 3ххххххх

TO: Secretary of War

Attached is the case of Cpl. Robert Chandler charged with murder under the 86th Article of War and sentenced to death subject to your approval.

In view of the publicity accorded this case, I am bringing to your attention a possible mitigating circumstance: i.e., insufficient proof of motive.

X. X. Xxxxxxxx

Major General

Judge Advocate General

20 Sept 45

SUBJECT: The case of Cpl. Robert Chandler 3ххххххх

TO: The President of the United States

Attached is a transcript of pertinent excerpts from the trial of Corporal Robert Chandler as per your request.

Xxxxxxx X. Xxxxxxxxx

Secretary of War

22 Sept 45

Enclosure:

On 10 Sept 45 at 1000, the court was called to order for the purpose of trying Cpl. Robert Chandler for the murder of Lt. Lee Graham, under the 86th Article of War. Members of the court were (names omitted for brevity). The Trial Judge Advocate, the Defense Counsel, and their assistants being sworn in... the Trial Judge Advocate swore in the court.

President of the Court: The Trial Judge Advocate will read the charges.

TJA:... Cpl. Robert Chandler 3ххххххх is hereby charged with the murder of Lt. Lee Graham O-xxxxxxx. On 6 June 45, when the platoon of which he was a member was engaged in a fire fight with the Japanese troops at Xxxxx Ridge on the island of Okinawa, Cpl. Chandler deliberately aimed his M-1 rifle, and fired two shots into the head of Lt. Graham, who was directing his platoon at a position approximately ten yards ahead of Cpl. Chandler. Cpl. Chandler’s act was both deliberate and wilful.

President: Has the Defense Counsel any opening remarks?

Defense Counsel: I have not.

President: The TJA will proceed with his case.

TJA: I call as my first witness Sgt. William Dunn.

(Sgt. William Dunn 3xxxxxxx was seated, sworn in, and gave his name, serial number, and unit in prescribed fashion)

TJA: Sgt. Dunn, where were you on the morning of June 6th, 1945?

Sgt, Dunn: Sir, I was somewhere on top of Xxxxx Ridge.

TJA: And what were you doing?

Sgt. Dunn: Well, sir, we spent most of the morning fighting with the Japs.

TJA: Did anything unusual occur that morning?

Sgt. Dunn: Well, yes, sir. At one time when we were engaged in a fire fight with the Nips, Cpl. Chandler here picks up his gun and shoots two shots right into Lt. Graham’s head.

TJA: What did you do then?

Sgt. Dunn: Well, sir, as it happened, a lot of us had been knocked out, and when Cpl. Chandler killed Lt. Graham...

Defense Counsel: Objection. It has not yet been proven that Cpl. Chandler killed Lt. Graham. It is only an opinion of the witness. I want his last remarks stricken from the records.

TJA: Sir, the witness is testifying on actual facts, not on opinions.

President: Objection overruled. The witness will continue.

Sgt. Dunn: Well, I went up and tried to help Lt. Graham, but he was dead; so I took over command of the platoon as I was the second in command.

TJA: What did you do then?

Sgt. Dunn: I figured something must be wrong with Chandler. You know people go off their rockers sometimes when things get hot and it was plenty hot up there; so I ordered him back to the aid station.

TJA: Did he go?

Sgt. Dunn: Yes, sir. Sure, he went right back.

TJA: That’s all I have.

President: Has the defense counsel any questions?

Defense Counsel: Yes. Sergeant, you say things were quite hot up there. Now tell me, do you have much time to look around when you’re in the middle of a fire fight and see what other people are doing?

TJA: Objection. The defense counsel is trying to imply that Sgt. Dunn, wasn’t doing his job and thus incriminate him.

Defense Counsel: If it would please the court, I am merely trying to show that in a battle it’s hard to determine who is shooting at whom.

President (after conferring with legal member): Objection overruled. Proceed.

Defense Counsel: Now, Sergeant, will you tell me how you could tell in the middle of a battle whether Cpl. Chandler was shooting at Lt. Graham or shooting at the enemy?

Sgt. Dunn: Well, sir, as second in command of the platoon I was helping Lt. Graham, and we were just trying to find out how many men were left and I was checking up when I saw Cpl. Chandler shoot Lt. Graham.

Defense Counsel: And was there any of the enemy standing near or in front of Lt. Graham at that time?

Sgt. Dunn: No, sir. That’s why it surprised me so.

Defense Counsel: One more question, Sergeant. When you sent Cpl. Chandler back to the aid station, did he seem upset or at all like combat fatigue cases you have seen?

Sgt. Dunn: No, sir.

Defense Counsel: The defense has no further questions.

President: Any rebuttal?

TJA: No, sir. As my next witness, I call Pfc. Wilfred Glickman.

(Pfc. Wilfred M. Glickman 3xxxxxxx was seated and sworn in, and gave his name, serial number, and unit in prescribed fashion)

TJA: Glickman, did you see Cpl. Chandler under any special circumstances on June 6th last?

Pfc. Glickman: Yes, sir.

TJA: Under what circumstances?

Pfc. Glickman: I saw him shoot Lt. Graham, sir.

TJA: Will you please describe the incident in your own words?

Pfc. Glickman: Well, about twenty or thirty Nips had just launched a counter-attack against our position. There was a lot of shooting going on and Lt. Graham was up in front trying to organize things. Cpl. Chandler was about ten yards behind him, and, well, he just took his rifle and plugged him twice in the head.

TJA: Now, Glickman, perhaps the Defense Counsel would like to know how you happened to be looking at Cpl. Chandler.

Pfc. Glickman: Well, sir, I was a messenger for Lt. Graham and I had a message for Cpl. Chandler which I was to tell him.

TJA: And what was that message?

Pfc. Glickman: He was to take a squad and try and divert the enemy from one flank.

TJA: Isn’t that rather dangerous?

Pfc. Glickman: I wouldn’t like to be doing it.

TJA: No further questions.

President: Has the defense any questions?

Defense Counsel: Yes, sir. Glickman, did you give that message to Cpl. Chandler before or after the time you said he shot Lt. Graham?

Pfc. Glickman: I never got a chance to give him the message, sir.

Defense Counsel: You mean he never was actually told by you about this order?

Pfc. Glickman: That is right, sir.

Defense Counsel: No further questions.

President: The TJA will call his next witness.

TJA: My next witness is Capt. Wesley Lane, the battalion surgeon.

(Capt. Wesley M. Lane O-xxxxxx was seated and sworn in and gave his name, serial number, and unit in prescribed fashion)

TJA: Capt. Lane, did you see Cpl. Chandler on last June the 6th?

Capt. Lane: Yes. He reported into my aid station in the late morning, and said he had been sent back for combat fatigue.

TJA: What did you do?

Capt. Lane: I examined him and sent him back to the Station Hospital.

TJA: In your opinion, what was his condition?

Defense Counsel: Objection. Unless Capt. Lane can show he is a qualified psychiatrist, he has no right to give an opinion on a man’s mental condition.

President: Objection sustained.

TJA: No further questions.

President: Any questions, Defense Counsel?

Defense Counsel: No, sir.

(The witness was excused and Maj. Anthony Bertelli O-xxxxxx was called to the stand, seated and sworn in. He gave his name, serial number, and unit in prescribed fashion)

TJA: Maj. Bertelli, what is your position with the XXth Station Hospital?

Maj. Bertelli: I am the psychiatrist.

TJA: Have you ever had occasion to examine the defendant, Cpl. Robert Chandler?

Maj. Bertelli: Yes. He was brought in the afternoon of the 6th of June as a combat fatigue case.

TJA: And what was your diagnosis?

Maj. Bertelli: The man was perfectly normal.

TJA: Could he have been a combat fatigue case a few hours before?

Maj. Bertelli: I would say not. If that had been the case, he would still have shown some of the effects.

TJA: Do other people come in that claim to be combat fatigue cases and are not?

Maj. Bertelli: Yes. I’ve had quite a bit of experience with these cases. TJA: No further questions.

President: Defense Counsel?

Defense Counsel: Yes, sir. Maj. Bertelli, where did you get the experience which qualifies you as a psychiatrist?

Maj. Bertelli: I was a psychiatrist at the Medical Center in New York for twelve years.

Defense Counsel: How, Major, are you able to remember this man and what day he came into your hospital?

Maj. Bertelli: We keep records of all incoming patients.

Defense Counsel: Couldn’t some other man come in and give Cpl. Chandler’s name?

Maj. Bertelli: No. In this type of case we check the man’s dog tags.

Defense Counsel: That’s all.

TJA: I have one more question. Maj. Bertelli, is it not true that your testimony in previous court-martial cases has been used in determining whether a man is really mentally ill or whether he is a malingerer?

Maj. Bertelli: That is correct.

TJA: Maj. Bertelli is our last witness. We rest our case.

President: The defense will proceed with its case.

Defense Counsel: As its first witness, the Defense will call Capt. Mark Brown, the company commander of the defendant.

(Capt. Mark Brown O-xxxxxx was seated and sworn in and gave his name, serial number, and unit in prescribed fashion)

Defense Counsel: Capt. Brown, are you acquainted with the defendant?

Capt. Brown: I am, sir.

Defense Counsel: What is your personal opinion of Cpl. Chandler?

Capt. Brown: Sir, I would rate him one of the best soldiers in my company. He was alert and obedient; he was very courageous. He carried out orders effectively and promptly.

Defense Counsel: Do you know of any reason he would have to kill Lt. Graham?

Capt. Brown: No, sir.

Defense Counsel: Do you think he killed Lt. Graham?

TJA: Objection. The witness’s statement would be just one of opinion, not of fact.

President: Objection sustained.

Defense Counsel: I have no further questions.

TJA: I have a question. Capt. Brown, is it not true that you signed the charges against this man?

Capt. Brown: Yes, sir.

TJA: Why did you do that?

Capt. Brown: It was my duty as company commander to report these matters that had been brought to my attention.

TJA: That is all.

President: If there are no further questions, the witness may be excused. Defense Counsel, have you any other witnesses?

Defense Counsel: Yes, sir, I have one Other witness, Cpl. Joseph Bragan.

(Cpl. Joseph Bragan 3ххххххх was called to the stands seated and sworn in, and gave his name, serial number, and unit in prescribed fashion)

Defense Counsel: Cpl. Bragan, I am going to read part of a citation that Cpl. Chandler received accompanying an award for the Silver Star. “On 11 April 45, Cpl. Chandler volunteered along with seven other men to lead a patrol out to reconnoiter a Japanese strong point in a neighboring village. On reaching the village, he found that approximately one battalion of Japanese were located there. Cpl. Chandler, in compliance with his orders, attempted to enter the village, but finding how strongly it was defended, he quickly withdrew his men to a group of trees outside the village. When Japanese forces came out in an attempt to capture him and his men, he kept the latter well concealed, and by the use of a fight machine gun and an automatic rifle managed to keep the enemy patrol from coming into the woods. That night, because two of his men were wounded and unable to withdraw, he and his other men remained and beat off attacks by stronger forces the following day. That night, one of the men died, and he removed the other one, returning to his company area and providing valuable intelligence data about the defenses of the village. Cpl. Chandler obtained this information at great danger to his own personal safety...” Now, Cpl. Bragan, did you submit this story?

Cpl. Bragan: I did, sir.

Defense Counsel: And was it in accordance with the true facts?

Cpl. Bragan: Well, yes, sir, as I submitted it. But in my report I said Cpl. Chandler was ordered to lead the patrol. Lt. Graham must have changed it.

Defense Counsel: Are you sure, Cpl. Bragan, that Cpl. Chandler was ordered to lead the patrol?

Cpl. Bragan: Yes, sir, I am, because when they called for volunteers, these all had to be below the rank of Cpl. Chandler.

Defense Counsel: Are you aware, Corporal, that Lt. Graham and Cpl. Chandler were close friends?

Cpl. Bragan: Yes, sir. We all knew that.

Defense Counsel: Does it not seem plausible that Lt. Graham may have changed that report in order to divert suspicion from himself in sending his best friend on a possibly fatal mission?

TJA: Objection. That is pure conjecture.

President: Objection sustained.

Defense Counsel: I merely wished to point out that the irregularity of changing the report would seem to indicate that Lt. Graham may have wished his friend to be killed, in which case Cpl. Chandler may have acted in self-defense.

TJA: I would point out to the Counsel for the Defense that an equally plausible interpretation is that Lt. Graham changed the report to read volunteered in order to put his friend in an even more favorable light.

President: Since motive has not been proved, nothing is gained by these conjectures. You will proceed with the case.

Defense Counsel: That is all I have. My case rests.

President: Has the TJA any questions?

TJA: No, sir.

Maj. Bell: Before we conclude the testimony, as a member of the court I would like to ask Capt. Brown one question.

President: Capt. Brown will return to the stand. You are reminded, Captain, that you are still under oath.

Maj. Bell: Capt. Brown, is a mission like the one just mentioned ordinarily done by order or on a volunteer basis?

Capt. Brown: Ordinarily we call for volunteers, sir.

Maj. Bell: Had you not been apprised by G-2 that this was a job for a whole platoon?

Capt. Brown: I had, sir, and I’d passed on that information to Lt. Graham.

Maj. Bell: Why, then, did only eight men perform the mission?

Capt. Brown: I don’t know, sir, but as the mission was accomplished, I didn’t question it.

Maj. Bell: That’s all.

President: Are there any further questions? (No answer) Defense Counsel, has the defendant been advised of his rights to testify?

Defense Counsel: He has, sir, and he has nothing to say.

President: TJA, proceed with your argument.

TJA: Mr. President, other members of the court, I believe we have proved without a doubt that Cpl. Chandler deliberately shot and killed his commanding officer, Lt. Graham. Two witnesses have testified clearly to that fact. In addition we have shown that this was a planned and premeditated murder, and that it was not motivated by combat fatigue or some other mental disorder. I therefore ask the court to impose upon Cpl. Chandler the maximum sentence for this offense — the death penalty.

Defense Counsel: I deny that the defendant has been proved guilty of a planned and premeditated murder. In the first place, no motive has been discovered. In the second place, the testimony of the two witnesses is definitely open to question since their observations took place in the heat of battle — during which time it is unlikely they could accurately determine the defendant’s actions, and during which time no one has testified as to their mental condition. Thirdly, I ask you to consider the defendant’s reputation and record, and ask yourselves if such a man would cold-bloodedly and for no reason shoot down his superior officer and best friend.

President: Is there any rebuttal?

TJA: No, sir.

(At this point the court was cleared. After thirty five minutes, the defendant was called in. He was thereupon pronounced guilty and sentenced to death subject to the approval of the Secretary of War)

SUBJECT: Case of Cpl. Robert Chandler 3ххххххх

TO: The Inspector General

Attached is the file on Cpl. Chandler’s case. This has not only aroused much public interest, but the President has received a letter from the corporal’s mother. The President reviewed the case and suggests that before we proceed with carrying out the sentence we make every effort to establish a motive for the crime.

It is therefore ordered that you send someone to Okinawa to find out what possible reason Cpl. Chandler may have had for murdering Lt. Graham.

Xxxxxxx X. Xxxxxxxxx

Secretary of War

30 Sept 45

SUBJECT: Report on the Chandler Case

TO: The Inspector General

A month’s investigation proved almost fruitless. I talked with many people, including Chandler, but was unable to find the slightest clue as to why Chandler may have wanted to kill Graham.

Among other people I talked to was the battalion chaplain. He was very reluctant to talk, so much so that it was apparent to me that he knew something of importance about the affair. Finally, I persuaded him to give me the enclosed letter which he had shown me in the greatest confidence.

I think you will agree with me that this letter, found among Graham’s personal effects, may change the whole aspect of the case.

Xxxxx X. Xxxxxxxx

Colonel IGD

28 Oct 45

Enclosure:

1412 Lukens Blvd.

Oakland, Calif.

May 31, 1945

Lt. Lee Graham O-xxxxxxxx

APO #xx, c/o Postmaster

Dearest Lee—

My darling, I feel as though I can’t stand not seeing you — how is it possible to love anyone as much as I love you and live apart? If anything happened to you I couldn’t go on.

My dear, I’m going crazy if something doesn’t happen soon. How could our plans for the mission have misfired?

Dearest, don’t worry about what we’re doing. It isn’t easy for me either. But the one fine and beautiful thing in my life is you, and once this is all over nothing can keep us apart. Nothing is as big or as sure as my love for you, and nothing so important as yours for me. What else is there in this crazy world?

Do you think Bob could be suspicious? His mother may know something, and he believes everything she say s. He doesn’t seem to want to give me the money. He mustn’t find out about us. Can’t you send him on another mission — or think of some other way?

It isn’t wrong, my darling, believe me. It’s right and inevitable. You must have courage — you must act soon!

I love you always,

Verne