Colditz (1972–1974): Season 1, Episode 11 - Court Martial - full transcript

Simon!

My parcel's arrived.
- No, your damn parcel hasn't arrived.

But Fergus in the kitchen
did pass the word

that Jerry's searching
the British quarters

some time this morning, all right?

Phil? Search.

Scramble. Search.

What?

I thought they were going
to search the British quarters.

Fergus didn't say anything about this.

What have you got on you?
- My compass. You?



Passport.

Any picture in it?
- Not yet.

Give it to me.

You make the fuss.

You've no right to open those.

They've already been okayed
by the German censor.

Recognise that?

That's the official German
censor's stamp, right there.

According to the Geneva Convention,

any letters passed by the censor
become the absolute private property

of those to whom they've been addressed.

Go ahead, open that string.

You'll be breaking
the Geneva Convention if you do.

Look, do I have to spell it out for you?



Censorship is not
a matter of interpretation.

Those letters are now
my own personal private property.

I'm going to ask to see
your British Officer

to tell your Kommandant about this.

Brent bungled it. He lost his nerve.

Attention please. Medical inspection.

You should stand at attention
in the presence of a senior officer.

Get off your clothes.

Take off your shirt.

Dress.

I want it noted
on this officer's record,

the prisoner is listless
and un-soldierly.

You can make another note
on the prisoner's record.

The prisoner is hungry.

Silence, please. Attention!

All right, so what is the plan?

Well, as an American,

Phil is the only one in Colditz
with a functioning embassy in Berlin.

Well, go on.

Well, apparently, Americans
can still travel freely around Germany.

Phil's had a letter
from a friend in New York.

A newspaperman.
He was in Berlin a couple of months ago.

Provided that they have
the right papers.

Now, what we need is another passport,
a press card and a good suit.

You've still got to get out
of the castle.

Well, we know that.

But what is unique about this plan is

that he doesn't have to
cross any borders.

All he has to do is to get as far
as the American Embassy in Berlin.

But wait a minute.

Didn't you forfeit your American
citizenship when you joined the RAF?

Technically, yeah.

I think the precise phrase is
"a presumption of loss of citizenship",

but only a presumption.

I know one of the Second Secretaries
at the embassy in Berlin.

I think... I think I can get them
to send me to the United States.

Your own people are hardly likely
to hand you over to the Nazis.

That depends politically
where they're at.

There'd be a hell of a stink
in the American papers if they did.

Yeah. See, the first thing I'd do
is get to Bill Shirer,

if he's still broadcasting from Berlin.

That's the one thing that the Germans
are still sensitive about.

American public opinion.

You could do something about American
public opinion if you got there.

It might make all the difference.
- Maybe.

What we need is a plan
to get Phil out of here.

Now, I know he's not on the list.
But what do you say?

He has the best chance of anyone
of making a home run.

I think it's a good idea.

It's better than good. It's damn good.

Fine. If there are any suggestions...

Halt!

Stupid idiots.

Oh, they're just having some fun.

That's despair. Don't you see it?

They all know they're never
going to get out of here.

There's a rumour the German army's
reached Leningrad.

Leningrad? Napoleon made it to Moscow.

That means the Germans have advanced
about 1,000 miles in 10 weeks.

It'll be winter soon.

That's over 10 miles a day.

The winter will help
the Russians to regroup.

Look, Germany holds Norway,
Denmark, Holland, France,

Yugoslavia and Greece,
most of North Africa,

and now 90% of Western Russia.

How long do you think it's going
to take to dislodge them from all that?

Ten years? Twenty years?

The more countries
they occupy,

the thinner they are on the ground.

I'd say 10 years.
And in 10 years we'll be 100 years old.

Look, once you start thinking
you're going to lose, you're finished.

I don't think we're going to lose.
Not in the end.

Well, two Dutchmen made it,
and a Frenchman.

Not just out of here.
Clear away, home runs.

And I'm going to make it, too,
all the way to 52nd Street.

George,

like to lend us a hand?

Me?

We're working on Phil's run.
Keep you busy.

What do you want me to do?

Like to sketch that one?

The one with the limp.
- Sure.

Come!

Yes, Herr Major.

My report for your signature,
Herr Kommandant.

Again?

It is Friday, Herr Kommandant.

Ah yes, of course. Uh, please, sit down.

Thank you.

You were at Bremerhaven
before you joined us, hmm?

That is correct.

And before that?

Bremerhaven was my first posting.

Hmm?

Before that, I was a simple doctor.
Had no heroic ambitions.

Well, very few soldiers have.

And now?

To do my best.

Are you managing to settle down
all right here in Colditz, Herr Major?

There's no use pretending.

It is not exactly the assignment
I would have chosen.

Well, that is true for most of us here.

The prisoners, as well as the staff.

Ah, but a doctor pretending
to be a soldier, like me,

has to be twice the soldier
and obey orders.

Yes, of course.

To the prisoners
as well as to the staff.

And do you find them difficult?
The prisoners, of course, I mean.

If you'll excuse me speaking frankly...

Please.

I find a certain quality
of indiscipline among them,

especially the British.

It's not always a good thing to insist
on too much outward show of discipline.

We have occupied practically
the whole continent of Europe.

We cannot make the peoples
of those countries like us,

but we can cause them to respect us.

I hope so.

But we must understand
the meaning of respect.

Technically, the whole matter is defined
in the German military code.

A man can be forced to salute
and still withhold his respect.

Especially here in Colditz.

Oh, please do not
misunderstand me, Herr Kommandant,

I am not insisting
that the prisoners should salute me.

I'm speaking of all senior officers.

If they salute one,
they must salute them all.

A prisoner cannot be allowed
to decide for himself

when he will obey the army code
and when he will not.

That would only lead to a state of, um,

mutiny.

My officers can always
count on my support.

Thank you, Herr Kommandant.

Thank you.

Watch the door.

I've decided to use this.

Come have a look.

You see those cans?

They change them every Friday,
between 4:00 and 5:00.

They take the garbage to a farm
three miles south of here.

What the pigs don't eat,
they use as compost.

The one thing about the Germans
is they never waste anything.

Always the same two men.

There are only two men on that farm.

One of the Dutch heard them
complaining about it.

This is the man we want you
to change places with.

Yeah, but what are you going do
with this guy?

Peter?

Tim and I will drag him into a doorway.

I think we can keep him quiet
for a good half-hour or so, eh, Tim?

Right, so you take him
behind the delousing shed.

Now, how long is he out of sight
of the guards? Have you timed that?

Six seconds.

So, when you're taking care of him
and I'm making the switch,

that'll be all right, but what about
when I hit the guards at the gate?

We've thought of that. Tim? Try that on.

That's very good. Now try the cap.

It's broad daylight, you know.

Peter?

It's good.
- It's very good.

Don't forget the limp.
He drags his foot.

Which one, George?
- Hmm?

Which foot?
Come on, George, it's important.

Right.
- Right foot.

Now, you wait until
he's emptied the last can.

By that time, he'll have passed
the guard at the gate five times.

They'll hardly look at you.

One other question.

What about the other man in the truck?
I'm gonna have to ride off with him.

What am I gonna do about him?

Well, it probably wouldn't fool
a soldier in daylight.

But it might keep that farm worker quiet

till you're out into the country.

Next Friday, then.

Better change now.

Next time around.

Halt!

Do you realise
you can be court-martialled

for failing to salute a senior officer?

Damn it. All he had to do was salute.

Well, he can have
another shot next week.

Well, how about that new German doctor?

Yeah, we met. Pompous ass.

You know what he said?

He said I was suffering
from listlessness.

Oh, that parcel from my wife,
it hasn't come yet, has it?

Oh, come off it, Simon.
Some fat Swiss probably scoffed it.

It's probably lying in some
disused railway station covered in dust.

Hey, Simon.

Oh, peaches!
- It's for you, solitary special.

Welcome back.

Take it easy.
- Yeah, I will.

Mmm!

Wait. Wait before you take another one.

You know, it's almost worth
going to solitary for that.

You know, Phil nearly got away.

Call it a dry run.

How much longer do I have to wait?
- Well, you'll only bring them up.

One, two, three, four, five, six,
seven, eight, nine...

It's for your own good.
- Oh, come on, come on.

No, later.
- Well, let me hold the tin.

Yes, let him hold the tin.

You know, they say it's gonna take
almost a month after the end of the war

before any of us are going to
be able to eat properly again.

You ought to remember that, Phil,
when you get back to the States.

Yeah, stay away from those
book and author lunches.

Are you going to America?

Yeah.
- Oh, good for you.

He's going to blow
the lid off this place.

Shut up!

Stop it.

You're all dreaming aloud.
You're not going anywhere.

Look, he's got a perfectly good chance.

He's had a good chance. And I...

I loused it up.

Ah, forget it.
That was just a rehearsal.

No, it wasn't.

I'll make it this time.
- No.

What do you mean, no? I'll make it.

That new doctor, the German,
he's changed the routine.

It wasn't sanitary
leaving those cans there.

They don't collect
from the courtyard any more.

Why didn't he tell us that before?

Who knows?

Poor old George.

You know what Napoleon always
used to ask a general

before giving him a new command?

No.

"Are you lucky?"

I used to think I was lucky.

Over, under, through,

climb, tunnel, bluff,

the only three ways
of getting out of here.

You know, there's one more.

Get the Germans to escort you out.

You know, there's a rumour that
the Swiss Medical Commissioner's

due to pay us another visit next month.

I'll bet Bismarck started that rumour.

Yeah, but if I could just get him to...

To escort me to
the Dresden military hospital...

You'd have to be dead to the world
for that one.

Well, the doctor did say I was suffering
from listlessness.

That creep.

You know that he's threatening
to court-martial

anyone who doesn't salute him?

Is he?

Is he, really?

They send you to Leipzig
for a court-martial.

Yeah, by train.

There he comes.

Please. Please continue.

Good for Pat.

He didn't even notice.

You know, it seems I was right,
Herr Kommandant.

Yes?

The general order you issued, they...

They are learning discipline

and respect for the German uniform.

I wonder when we shall reach Leningrad.

Even the British,
with one or two exceptions,

and of exceptions,
one can always make example.

Simon...
Oh, sorry, you're... You're busy.

No. What is it?
- Oh, no, it's nothing. It can wait.

No, no, no, go on.

Well, I don't know how to say this,

but I've got to break the news to you
that the parcels have just arrived

and yours is...

Oh, no.

...waiting for you in the parcel office.

You sod!

Halt!

Arrest this officer.

Repeated refusal to salute
a superior officer.

Deliberate and persistent insult
to the German uniform.

Pat.

Sir?
- I'm sorry, Pat, not now.

I've got to talk to you, sir.

Yes, later.
I've got to go see the Kommandant.

I know.

There's some question
about Carter being court-martialled.

Do you know what for?

That's what I want
to talk to you about, sir.

Well, don't worry about it.
I'm going to fight it.

Well, before you see the Kommandant,

I think there's something
you should understand.

What is it Pat?

What do you know
about German military law?

According to the German military code,

which is equivalent in your army
to King's Regulations,

which applies to all prisoners-of-war
held by German armed forces,

refusal to obey an order
from a senior officer

is a court-martial offence.

I protest most strongly.

Will that be all, Colonel?

I take it that my protest will be noted?

Of course.

There is one other thing, Kommandant.

Under British military law,

an officer to be court-martialled
is entitled

not only to a defending counsel,

but to a brother officer
as a character witness.

I've disinfected the bucket, sir.

Now, there'll be three guards
with you from the start

so it won't be easy,
but if there's a chance on the train

or anywhere between here and Leipzig

for both you and Simon
to make a break for it, take it.

Understood?
- Right.

Make that plain to Simon. Dick?

Where are you going?

To brush my teeth.

Good idea.

Look, I'm not...

You needn't think I...
- Never crossed my mind.

We're going to brush our teeth. Come on.

If that fails,

one of the Dutchmen who was
up for court-martial last month

made this ground plan of the building.

Here's the main hall.

Now, beyond it, there's a corridor

leading to the back entrance
of the building.

Now, in that corridor,
there's a gents lavatory.

Now, that's where
you'll make the switch.

Now, there's a guard there,
but he's only a watchman, an old boy.

Now, Bauman, the civilian lawyer,
will be waiting for you just here.

Yeah, what do we know about him?

Well, he was appointed
prisoners' counsel by the Wehrmacht

because he speaks English.

Where did you get that information from?
The Dutch?

It seems he's semi-retired,
but he's not a party member.

Goes by the book.

Now, there's a guard posted
outside the courtroom door, here.

Your own escort goes back
to the main hall.

Okay, take me through
the trial once more.

Well, the trial's straightforward.

The prosecutor leads off,
calls his witnesses,

demands the usual sentence.

Bauman then makes the defence plea.

Then the military tribunal retire
to consider their verdict.

Now, there'll be a lot of movement now,

people milling about
preparing for the next case.

And that's when you make your move.

Yeah. But what kind of a move?

That's a decision
that only you can take.

Now, wait a minute.

Do you speak English?

Well, does he or doesn't he?

I don't know. It's possible.

Yeah, well, we've got about an hour,

plus any stops, to run up a score.

You know what? This reminds me
of a baseball game I once saw.

It was the big one, the World Series.

Everything was all tied up.

Joe DiMaggio came up to bat
and there was a man on third.

Third?

Yeah, third base. Like your rounders.

Think he knows what we're talking about?

Third, that's the base
before home base, right?

Right.

See, the important thing is,

when you only need one run
to win the game,

you sacrifice another batter.

He bunts the ball...
- Bunts?

He hits the ball in a certain way,
so the other team can grab it.

But when they do, the man from third
makes it safely to home,

scoring one run and winning the game.

It's a beautiful sacrifice.
That's what Joe did.

Okay. I'll do the bunting.

Our coach wouldn't buy that.

Why?

You always sacrifice
for the fastest man.

Well, not this time.

You've got the...

You've got the autograph book
with your picture in it.

It'll impress the right people.

He hasn't a clue
what we're talking about.

You know, maybe DiMaggio was wrong.

Maybe he should have gone
for the home run.

Home run?

Yeah, home run.
First, second, third and home.

Maybe he should have gone
for the home run.

Two runs, instead of one. Get it?

Yeah, but if you can win the game
by one run for certain, why chance it?

I mean, if Joe DiMaggio hadn't
managed to hit a home run,

they'd have lost the whole game, right?

Since when did you become
an expert on baseball?

Yeah, well, it's all a question
of odds, isn't it?

Well, I can tell you one thing.

The Yankees hardly ever lost a pennant.

Yeah, but look where
they're placed this year.

Oh, let's wait.

We can always pay baseball in Leipzig.

You go here.

Your coat and hat.

Flight Lieutenant Carrington?
I'm Dr Bauman, at your service.

How do you do?
- Dr Bauman.

The case will be called
in a few minutes.

In the meantime, perhaps we can talk,

discuss the Line of defence
I intend to take.

It will give me a chance
to practice my English.

Now, you understand,
the trial will be conducted in English,

but, from the point of view
of the court,

Flight Lieutenant Carter will be
under German military discipline.

Your German military code?

Exactly.

The regulations are
very similar to your own.

Napoleon copied most of it
from the British,

and the Prussians copied it
from the French.

We inherited it from the Prussians.

I didn't know that.

I have made a few notes on
the rules governing saluting.

Now, these regulations,
saluting a superior officer

do not normally apply when off-duty.

That is when
a superior or junior officer

is in civilian or casual clothes.

And you're going to argue
that Flight Lieutenant Carter

was off-duty at the time?

Yes, he was in casual clothing.

It would have been an act of disrespect
to his own service, the Royal Air Force,

to salute when not properly dressed.

That's great.

Of course, it is only a technicality.
It is a fine point.

But the German law is very exact.

Now, ah... Three minutes.
Yes, we must go.

No. A moment.

As a doctor,
I visited the prisoner in his cell.

The prisoner failed to stand
at attention when I spoke to him.

Did you make any charges
against the accused at that time?

No.

In view of the fact that the prisoner
was already under punishment,

I wanted to be lenient.

In spite of that, the next time
you encountered him,

he refused to salute you?

Yes. On three occasions.

What was his attitude?

Oh...

Insulting.

What form did these insults take?

As soon as he saw me approaching,

he adopted an insolent, defiant manner.

He kept his hands in his pockets.

Deliberately?
- Yes.

What was the attitude of
the other prisoners at Colditz?

They became increasingly contemptuous,

disobedient towards my authority
as a German officer.

The accused was the ringleader of
what was, in effect, a tacit rebellion

against the German military command
at Colditz?

In effect, yes. Yes, that is true.

Herr Präsident I will not take up

any more of the court's time
than I can help.

We are not concerned, in this case,
with the technicality

of whether a British officer failed to
salute a senior German officer or not.

We are concerned with something simpler,
much more important than that.

The accused was ordered
to perform a certain action

under the German military code.

He was shown the greatest leniency.

He was given another chance.

In fact, he was given
three more chances to obey.

He continued to refuse.

It is evident that he knew
exactly what he was doing.

His refusal was deliberate.

Under any military code in the world,

such a refusal constitutes
a clear act of mutiny.

There is no need for me
to advise the court any further.

In the name of the German Reich
and the Wehrmacht,

I demand that the accused be given
the mandatory sentence, death.

Dr Bauman?

Yes, I, uh...
With the court's permission,

I should like a few minutes
to consult my witness.

Be brief, please.

They are pressing for the death penalty.
It is a great shock.

I'll do what I can.

Herr Präsident, I should like to
call Flight Lieutenant Philip Carrington

to the witness stand.

Is his evidence relevant?
- I believe it is.

Permission is granted.

Flight Lieutenant, here, please.

Flight Lieutenant,
were the other British officers

aware of
Flight Lieutenant Carter's negligence

in failing to salute Herr Major Starb?

Yes, they were.

Uh, did any of the other officers
follow his example?

No, they didn't.

Did Flight Lieutenant Carter
try to persuade you,

or any other officer,
to follow his example?

Certainly not.

Herr Major Starb is new to Colditz.

Had it been customary to salute on every
occasion the previous medical officers?

Never, no, sir.

Would you say Flight Lieutenant Carter
deliberately failed to salute,

or was it merely negligence?

I would say that it was
merely negligence.

After this incident,
all the other British officers

seemed always to remember
to salute Herr Major Starb?

That's correct, sir.
- Can you explain why?

They wanted to make up
for Flight Lieutenant Carter.

There. Thank you.

Does the prosecution wish
to question the witness?

You may stand down.

Herr Präsident, 1 submit that
far from starting a mutiny,

Flight Lieutenant Carter appears
to have averted one.

Speak English, please.

Uh, Herr Präsident, uh,

I'm sure the court agrees
we are not concerned

whether anybody
saluted Major Starb or not.

A refusal by any individual
under military discipline

to obey a direct order in time of war
is an act of mutiny.

The punishment for it is mandatory.
Death.

There can be no exceptions,

unless the court is prepared
to set aside the German military code.

Herr President,

I believe I have the right
under the German military code

to make an appeal
on behalf of the accused.

That is correct.

Very well. Take the witness stand.
Be brief, please.

Well, as the court records will show,

Flight Lieutenant Carter was shot down

on a dangerous mission
while he was over your country.

He is a combatant, an ex-combatant.

My point is that what happens
with a captured enemy,

whether he lives or dies, is often
decided by men who are not fighters,

but by politicians, administrators,

that sometimes whether they live or die

is left in the hands
of the combatants themselves,

and when that happens,
they can judge each other as men,

by their own code of war.

If I'm not mistaken, I believe that
the officer on the President's right

is wearing the German Ritterkreuze,
and the officer on the President's left

is wearing
the 1914-18 War Wounded medal.

Both, therefore, are combatants.

Equally, I just can't believe
that there is a senior officer

in the German armed forces,
or a senior officer in any armed forces,

that would want to see a man
like Flight Lieutenant Carter

shot by a firing squad

because he failed
to render an adequate salute. It's...

Without wishing to curtail
the witness's evidence,

I must warn you,
Flight Lieutenant Carrington,

that this court
deals only in exactitudes.

The question of whether
any of its members

have been in the front line
bears no relation to this,

or any other case
it may be called upon to try.

But, Herr President...

Flight Lieutenant, I would suggest
that in the interests of your friend,

you stand down.

In view of the seriousness
of the charge,

the case will be taken
under consideration.

How long before they decide?

Three days, four days, a week.

I can only say, Herr Kommandant,
I didn't foresee this...

This is no time for regrets, Herr Major.

The discipline of Colditz rests
on a knife edge of understanding.

A respect between enemies.

If Flight Lieutenant Carter
is sentenced to death,

the prisoners here will take it that
that understanding has been broken.

But surely, discipline...

Discipline cannot be imposed
by sheer force.

If I had twice as many guards...

For your own safety,

I have requested you be transferred
to another post immediately.

Come.

If you would be so good, Herr Major.

I'm afraid I have
no news as yet, Colonel.

Is there any hope?

One of the judges,
a major in the Luftwaffe,

we have known each other for some years,
I've been talking to him.

He is very impressed by some things
said in Mr Carter's defence.

He is doing all he can.

And the general commanding
the Dresden area?

I have also been in touch with him.

I am using all the means
at my disposal, Colonel.

They'll send it all back to her,
won't they?

The court has reached its verdict.

The court finds the accused,
Flight Lieutenant Carter, guilty.

The accused is judged to have
contravened the German military code

by his failure to salute
a senior officer of the Wehrmacht.

The accused is cautioned
that any further breach

of German military discipline
will be severely punished.

Thank you, sir.

This officer is to be returned
to his quarters.

Here.

Maybe we'll be luckier next time.