J. B. Tilton/Page 6

NINE

"Lieutenant," said De Haan, "did I understand you correctly? Did you say Captain Humphreys ordered you to provide critical information about his own ship to an enemy in combat?"

"Yes, sir," said Malcolm. "You understand correctly."

"You may continue, Captain," said De Haan.

"Thank you, Admiral," said Archer. "Malcolm, tell us what happened."

"We had taken out the marauder base," said Malcolm, "and were on our way back to Earth. Suddenly we encountered eleven Tesseract fighters. Captain Humphreys ordered us to engage them.

"We had taken out about half of them but we were taking heavy damage. Most of the bridge crew was already dead. Lieutenant Stephens, my immediate supervisor, was unconscious so I took over. Captain Humphreys decided to use a ploy to draw the remaining enemy fighters into range."

"The transmission," said Archer.

"Yes, sir," said Malcolm. "I modulated the frequency of the radio to make it appear it was an accidental transmission. Then, when Captain Humphreys gave the order, I sent the transmission. It was meant to make us appear worse off than we really were. To draw them in so we could get clear shots at them."

"Did it work?" asked Archer.

"Yes, sir," said Malcolm. "Just as Captain Humphreys guessed, the enemy fighters began to converge on what they perceived as a weakness. When they were in position, it wasn't hard to finish them off."

"But it had cost you," said Archer.

"Yes," said Malcolm. "Captain Humphreys hadn't taken into account the damage so many attacks on one area of the ship would do. The marauders hit us with everything they had. By the time we had finished them off, it was too late. It was a tactical gamble. Captain Humphreys decided to take it."

"So you didn't provide aid to the enemy, did you, Malcolm?" asked Archer.

"Not really, sir," said Malcolm. "The damage relayed in the transmission was all fictitious. Captain Humphreys used it as a ploy to draw out the enemy. Because he did, twenty-nine crewmen, including myself, were able to return home to their families."

"Thank you, Malcolm," said Archer. "Admiral, the defense has nothing else."

"Commander," said De Haan, "do you have any questions for the defendant?"

Jacobs thought for a moment, and then finally spoke.

"No, sir," said Jacobs. "I have no questions at this time."

"Well," said De Haan, " this certainly sheds a new light on the matter. Based on this new evidence, my previous ruling is temporarily suspended while I consider this new evidence. I'll render my final decision at zero nine hundred tomorrow morning. We are adjourned."

"What do you think, sir?" asked Trip as the admiral left the room. "Do you think what Malcolm said will have any affect on the admiral's decision?"

"I can't say," said Archer. "What Captain Humphreys did was tactically very risky. According to his testimony, Malcolm was simply following the orders of his commanding officer. But that isn't necessarily a defense. We'll just have to wait to see what the admiral decides."

"Good luck, Lieutenant," said Commander Jacobs, walking over to the group.

"Thank you, Commander," said Malcolm.

"I was surprised when you didn't cross examine Malcolm," said Archer.

"Well," said Jacobs, "as the admiral told you, no one is out to crucify Lieutenant Reed. We're just after the truth. I served with Captain Humphreys once. That was the exact type of tactic he would have tried. I don't believe the Lieutenant was lying. There wasn't any sense in pressing it."

"Thank you, Commander," said Malcolm. "I appreciate it."

"This wasn't personal, Lieutenant," said Jacobs. "I was simply doing my job. Just as Captain Archer was doing his job defending you."

"All the same I appreciate it," said Malcolm.

"Let's wait until tomorrow," said Jacobs. "Admiral De Haan hasn't made his decision yet."