THE COURT MARTIAL OF ALMIRANTE MONTOJO

by Dennis Posadas

US copyright #1-5577410341

First performed off-off-Broadway in NYC in December 2018.

NARRATOR (V.O.): The year was 1898. The USS Maine sank in Havana, Cuba after trying to pacify a sugar revolt. After some time, the U.S. Congress authorized war against Spain. Commodore George Dewey was ordered to sail to the Philippines to fight America’s first major overseas naval battle against Almirante Patricio Montojo at Manila Bay on May 1, 1898. Inspired by true events.

ADMIRAL DEWEY (V.O.): You may fire when you are ready, Gridley.

SOUND of cannons unleashing merciless fire.

SCENE I

AT RISE Almirante Montojo slowly gains consciousness. A fan whirrs overhead. He is lying in a hospital bed with his leg bandaged. Several of his men are in the crowded ward. A Nurse passes.

ALMIRANTE MONTOJO: Nurse wait!

She stops. Approaches.

NURSE: Almirante Montojo?

ALMIRANTE MONTOJO: Can you find out where my son is? He is also a naval officer, Eugenio Montojo.

NURSE: Si Senor. He was released yesterday with minor wounds. He said he would come back to check on you.

ALMIRANTE MONTOJO: Gracias. I will wait for him.

She walks away. A few beds down she notices something wrong with one of the patients. On the bed is a sign with the handwritten name "Teniente Santander." The young officer seems to be dead. She takes a pulse.

NURSE: Doctor come quick!

A Doctor rushes in quickly. He hurriedly checks the pulse. They try to resuscitate him. Nothing.

The Doctor shakes his head. He says something to the Nurse but Almirante Montojo cannot hear them. The Nurse nods. They look at the wall clock. It is ten minutes past three in the afternoon.

The Doctor slowly pulls the blanket over Teniente Santander's corpse. Deep concern is painted all over Almirante Montojo and the other patients who have witnessed the new death.

A few minutes pass. Suddenly Eugenio Montojo walks in. He sees the corpse as it is being taken out. He sits on the chair beside his father's bed.

EUGENIO MONTOJO: Papa how are you feeling?

Almirante Montojo winces.

ALMIRANTE MONTOJO: Hay maldicion! I still cannot move without pain but I should be okay when the wound heals. Where did you come from?

EUGENIO MONTOJO: Cavite arsenal. To negotiate with the Americans.

ALMIRANTE MONTOJO: How are the Americans treating our men?

EUGENIO MONTOJO: As Prisoners of War. They seem firm but fair.

ALMIRANTE MONTOJO: Go back and look out for our men.

EUGENIO MONTOJO: Anything else Papa?

ALMIRANTE MONTOJO: Please try to cable your mother back in Spain. Tell her we will be okay and home soon. I'm sure she is very worried.

Eugenio nods. He stands up.

EUGENIO MONTOJO: I will try to visit you as often as I can. Just rest and regain your strength. Si, I will write Mama that we are all okay here.

Eugenio seems bothered by something. He hesitates.

ALMIRANTE MONTOJO: Is something bothering you hijo?

Eugenio looks at his father.

EUGENIO MONTOJO: It's better you hear it from me first. We are being recalled to Madrid.

ALMIRANTE MONTOJO: Por que hijo?

EUGENIO MONTOJO: To face trial.

Almirante Montojo's face shows his sudden deep despair. Lights fade.

SCENE 2

MINISTRO SANTANDER, 50s, is a right wing politician and former general who harbors a deep pain. He is meeting with court martial judge JUEZ CANCIO, 50s, a senior officer who prefers to stay on a desk in Madrid than be assigned to Spain’s faraway territories. A map that shows Spain’s territories is on the desk. A sinister looking SOLDIER, 30s, with a thousand yard killer stare sits in the corner, quietly listening to them. His face is partly obscured by a shadow.

Ministro Santander picks up a newspaper and reads it.

MINISTRO SANTANDER: What do these liberal Generation of '98 poets and intellectuals know? The only thing that matters now is military might and technology.

JUEZ CANCIO: What about Prime Minister Sagasta Senor? What about him?

MINISTRO SANTANDER: Dios mio! He lost the war for us! Allowing an autonomous constitution for Cuba and Puerto Rico? Azcarraga was better.

JUEZ CANCIO: Si Senor.

MINISTRO SANTANDER: Now Canovas, while I agree with his hardline means, I am afraid we will see problems in Catalonia and the Basque regions in the future. Mark my words.

Ministro Santander continues reading until he sees a small obituary in the newspaper, translated as TENIENTE SANTANDER PASSES AWAY FROM WOUNDS AT MANILA BAY.

Ministro Santander’s face turns white and almost turns teary eyed. A stoic man, he avoids breaking down in front of Juez Cancio. He crumples the newspaper in disgust. Juez Cancio’s face appears shocked.

MINISTRO SANTANDER: Manila Bay was totally unacceptable. Because of Almirante Montojo's negligence, we lost Las Islas Filipinas!

JUEZ CANCIO: Almirante Montojo is returning to Madrid for trial Senor.

MINISTRO SANTANDER: Why do you think I made sure you would be on that three man panel of judges?

Juez Cancio uncomfortably nods.

MINISTRO SANTANDER: You owe me. I could have sent you to the Philippines or Cuba, but instead I fast tracked your career here in Madrid.

JUEZ CANCIO: I took pains to avoid anyone from knowing that I am meeting with you regarding this trial.

MINISTRO SANTANDER: If he does not get the blame for this debacle in Manila Bay, then guess what? I am the one who did not approve his requests for assistance.

JUEZ CANCIO: Si Senor.

MINISTRO SANTANDER: I will not go down alone. You know what I am saying right?

Juez Cancio stands up.

JUEZ CANCIO: In matters of this sort, it is best to be discreet. I will take my leave now Senor. Gracias.

MINISTRO SANTANDER: I have no intention of going to jail. You know what to do.

Juez Cancio exits his office with a worried look.

Ministro Santander motions to the Soldier, who approaches.

MINISTRO SANTANDER: Watch him.

The Soldier nods then exits. Part of his face remains obscured by a shadow.

Ministro Santander looks at a faded framed family picture of himself as a dashing Army officer with his young wife and his small child many summers ago. Alone, he breaks down and sobs.

Recovering composure, he wipes the tears from his face. He removes the OLD FAMILY PHOTO from the frame. He looks at it, kisses it, then places it inside his coat pocket.

He exits. Lights fade.

SCENE 3

Almirante Montojo and Eugenio enter. They struggle with their bags because of their injuries. Eugenio rings the bell.

Suddenly, the door opens. Lucrezia Montojo, 50s, attractive and a loyal wife and mother, appears. Her face is a portrait of joy mixed with tears.

LUCREZIA MONTOJO: Patricio! Eugenio!

They hug each other tightly. For a few seconds no one speaks. She looks concerned about their bandaged wounds.

LUCREZIA MONTOJO: Your wounds--

ALMIRANTE MONTOJO: --Just minor scratches. Don't worry. These will heal soon.

LUCREZIA MONTOJO: I'm sure you are both tired. Why don't you take a warm bath first. After you have dressed up, let's have lunch.

EUGENIO MONTOJO: I hope you made paella mama!

She pinches his cheeks and laughs.

LUCREZIA MONTOJO: Of course hijo!

EUGENIO MONTOJO: I think I will take that nice warm bath. Let us meet for paella shortly!

Eugenio exits, leaving Almirante Montojo and Lucrezia in the living room.

LUCREZIA MONTOJO: I visited Capitan Cadarso's widow like you asked and offered my condolences.

ALMIRANTE MONTOJO: Gracias. I need to also visit her and the widows of my other officers and men. He was a good friend.

He pauses, not knowing how to break the news.

ALMIRANTE MONTOJO: Lucrezia, I have some bad news--

LUCREZIA MONTOJO: --Patricio, the military wives told me about your trial.

Almirante Montojo is speechless.

LUCREZIA MONTOJO: Will the Government take you away from me?

Almirante Montojo just shrugs his shoulders.

LUCREZIA MONTOJO: They want a scapegoat. But why does it have to be you!

ALMIRANTE MONTOJO: I did my best given what I had at Manila Bay.

LUCREZIA MONTOJO: I have tried to do my duty as a wife. But these last few months with the war against the Americans has been hard. I thought I would lose you and Eugenio!

Almirante Montojo stares into the distance.

LUCREZIA MONTOJO: Don’t you think it is time for you to retire from the Navy? How many of our remaining years does Espana want to take from us?

The question hits deep.

LUCREZIA MONTOJO: You told me a long time ago that your father left you and your mother for long periods overseas in the colonies. You vowed not to be like him. But you are turning out to be the same!

Almirante Montojo's eyes moisten, but he fights to avoid breaking into tears in front of Lucrezia.

ALMIRANTE MONTOJO: Ahh--

LUCREZIA MONTOJO: --Can't you just take a plea bargain? Oh Patricio, I cannot take it if they will find you guilty!

Almirante Montojo shakes his head. Still trying to fight the tears. Touchy subject.

ALMIRANTE MONTOJO: No! I will not agree to any plea. You know that. I did not let Espana down!

Lucrezia knows her husband too well. She does not press it.

LUCREZIA MONTOJO: I know. I'm sorry for even suggesting it.

ALMIRANTE MONTOJO: Don’t worry we will beat this. I want nothing more than to stay with you. I am tired of the fighting life. I just want to come home.

Almirante Montojo hugs his wife.

ALMIRANTE MONTOJO: Te amo.

She releases herself from his embrace and dries the tears from her eyes. They both exit. Lights fade.

SCENE 4

Almirante Montojo is discussing with Eugenio about the Battle. Suddenly the prosecutor, FISCAL SANCHEZ, 30s, arrives. He rose from the ranks in the Navy, and will charge a brick wall to prosecute someone. They exchange military courtesies. Sanchez hands over a written order.

FISCAL SANCHEZ: Almirante, this order restricts you to your residence. You may not go outside. Sentries are posted around your house.

ALMIRANTE MONTOJO: Is there a need for that?

No answer from the Fiscal. Eugenio Montojo is annoyed at the written order. He reads it with his father.

EUGENIO MONTOJO: This is madness! Dereliction of duty and conduct unbecoming a Spanish naval officer?

Almirante Montojo looks sternly at Sanchez.

EUGENIO MONTOJO: Papa this is nonsense!

ALMIRANTE MONTOJO: We will comply Fiscal Sanchez.

FISCAL SANCHEZ: Muy bien. You shall be provided suitable counsel. A court date is being set for your arraignment. I will see you there along with your defense counsel.

Almirante Montojo folds the letter and places it on his desk.

FISCAL SANCHEZ: Frankly I don't know of anyone foolish enough to take on your defense. Gracias Almirante.

Fiscal Sanchez salutes Almirante Montojo. The salute is returned and the Fiscal exits. He doesn't bother with Eugenio. Eugenio and Almirante Montojo exit. Lights fade.

SCENE 5

The military defense lawyers are seated at a conference table. Most of them are about to retire, except TENIENTE RIVAS, 20s, a fresh legal eagle from law school. Rivas wants to serve to get approval from his late father, who used to be a famous former Chief Military Lawyer.

The current one, CORONEL ENRIQUEZ, 60s, no longer seems excited about the law. On his desk is a nameplate that says "Chief Military Lawyer."

CORONEL ENRIQUEZ: Capitan Marquez, we cannot find a military lawyer willing to represent Almirante Montojo.

CAPITAN MARQUEZ, 60s, their star defense lawyer itching to retire, doesn't want to take the case.

CAPITAN MARQUEZ: Por que Senor?

CORONEL ENRIQUEZ: All the others I’ve talked to have backed out or given various excuses. Can you take this final assignment before you retire?

CAPITAN MARQUEZ: Coronel, if you will order me I will do it. But if you ask me, I would like to retire from the service with a winning case and not be spit on Senor.

There is a bit of a pause and a certain uneasiness in the conversation.

CAPITAN MARQUEZ: Coronel, I just thought of something. Why not let Teniente Rivas handle the case? He is young and I’m sure up to the challenge Senor.

Rivas is taken aback by the suggestion. He is speechless.

CORONEL ENRIQUEZ: I don’t think that’s a good idea Capitan. Teniente Rivas is too junior and too inexperienced for a criminal case of this magnitude.

Rivas nods.

CORONEL ENRIQUEZ: Teniente, I knew your late father. A fine chief military lawyer. I served under him. What types of cases have you already worked on?

TENIENTE RIVAS: Uhh, drunk and disorderly conduct. Absence without leave. Those types of cases Senor.

CORONEL ENRIQUEZ: Marquez he will not do. We need someone senior like you. A tested trial lawyer.

CAPITAN MARQUEZ: Senor, I can mentor him but not as the defense lawyer of record.

CORONEL ENRIQUEZ: I have my doubts. Plus he is about to be married and I want to spare him from the outrage over this case.

CAPITAN MARQUEZ: Nothing Teniente Rivas can't handle.

CORONEL ENRIQUEZ: Listen, there is talk that the Prosecution may seek the death penalty in this case. Maybe a plea bargain will spare us all the time and trouble of a trial. I suggest you--

CAPITAN MARQUEZ: --Coronel sorry if I may interrupt Senor. Teniente Rivas has worked with me on several cases. I've seen his potential. Definitely I think he is ready. (to TENIENTE RIVAS) You’re not one to back away from a challenge are you Teniente?

Rivas squirms uneasily in his seat.

TENIENTE RIVAS: Uhh of course not Senor.

CAPITAN MARQUEZ: See Coronel. He is ready.

Enriquez looks skeptical.

CORONEL ENRIQUEZ: Teniente, I can order you to take this case, but I’m giving you the choice. Do you want this case?

Rivas is silent.

CORONEL ENRIQUEZ: Let me warn you Teniente, this will not be an easy case. You’ll be despised, and probably you’ll lose. This is not a good way to kick start your military career.

Rivas sighs and pauses a bit.

TENIENTE RIVAS: Senor, I have sworn to do my duty as a lawyer to Espana. If it is a job that I need to do, then I will do it no matter what my personal conviction is.

CAPITAN MARQUEZ: I looked at the charge sheet Senor. It says he is being charged with dereliction of duty because he raised the white flag at Cavite arsenal.

CORONEL ENRIQUEZ: Si but as you know we Spanish officers are not allowed to surrender. The prosecution will argue that.

TENIENTE RIVAS: But Senor, Almirante Montojo had a valid reason. The Americans were going to open fire when he already had too many casualties. I think this is defensible.

The Chief Military Lawyer pauses a bit before deciding.

CORONEL ENRIQUEZ: Against my better judgment I will make the arrangements for you to meet Almirante Montojo. Good luck Counselor. (to Capitan Marquez) As for you, make sure that he gets your guidance.

CAPITAN MARQUEZ: Of course Senor.

There is a sigh of relief from Capitan Marquez. He shakes Rivas’s hand. Lights fade.

SCENE 6

Fiscal Sanchez enters and sees Teniente Rivas in the Court hallway. No one else is there. He approaches.

FISCAL SANCHEZ: I heard that you took the assignment. It’s not too late to back out.

TENIENTE RIVAS: Back out?

Fiscal Sanchez looks around.

FISCAL SANCHEZ: Off the record Teniente?

TENIENTE RIVAS: If you wish Senor.

FISCAL SANCHEZ: Almirante Montojo can just plead guilty for dereliction of duty at Manila Bay and we’ll wrap this up quickly. Just a few month's stay in jail perhaps. That’s nothing.

TENIENTE RIVAS: Fiscal, we won’t do a plea bargain. My client is innocent.

FISCAL SANCHEZ: Everyone says they are innocent.

TENIENTE RIVAS: He did his best given his limited resources at Manila Bay.

The Fiscal looks around to see if someone will overhear what he has to say.

FISCAL SANCHEZ: In an ordinary trial I will be the first to agree with you. I guess you’re right. But Almirante Montojo’s loss at Manila Bay is the reason why Espana has lost her empire!

TENIENTE RIVAS: Senor, we both swore to uphold the law. Even if it goes against popular opinion. My client is innocent. It was Madrid that did not support him Senor.

FISCAL SANCHEZ: I’ll have to go after you and your client with everything that Espana can muster.

TENIENTE RIVAS: I do not expect any less Senor.

FISCAL SANCHEZ: I won't hold back. We may even seek the death penalty.

He lets that sink in.

FISCAL SANCHEZ: Teniente I’m just giving you some friendly advice. Why don’t you take it?

TENIENTE RIVAS: It’s advice I can’t take Senor. Take your best shot. We will be ready.

The Fiscal shakes his head. SPOTLIGHT on a painting of an old Spanish naval lawyer on the wall behind them.

FISCAL SANCHEZ: Teniente, I know your late father was the former Chief Military Lawyer, but you’re making a big mistake here.

TENIENTE RIVAS: This has nothing to do with my late father. I’m just trying to do my job as Almirante Montojo’s counsel.

FISCAL SANCHEZ: An impossible task these days.

TENIENTE RIVAS: Almirante Montojo’s house arrest and the charge is unwarranted in my opinion.

FISCAL SANCHEZ: House arrest? Say that to his men killed at Manila Bay!

FISCAL SANCHEZ: Anyway the three judges for this trial will be Coronel Castaneda, Capitan Ricafrente, and Coronel Cancio. Not exactly lenient judges. Don't try any tricks in their court room. Adios Teniente.

They exchange salutes. Fiscal Sanchez exits. Rivas stares at his late father’s formal portrait, then exits. Lights fade.

SCENE 7

A group of Spanish citizens enter carrying protest placards that read “Jail Contraalmirante Montojo!” and similar messages. They are shouting protest messages in Spanish. They exit. Lights fade.

SCENE 8

Teniente Rivas and Almirante Montojo enter.

ALMIRANTE MONTOJO: Are you any good?

TENIENTE RIVAS: Senor?

ALMIRANTE MONTOJO: Are you a good lawyer? Because your star defense lawyer Capitan Marquez does not want to handle this case I heard.

TENIENTE RIVAS: I know the law Senor. I was personally selected from the Army to attend law school and be commissioned as an officer after graduation.

ALMIRANTE MONTOJO: Let's hope that is good enough.

They exit. Lights fade.

SCENE 9

Sound of a drum roll. The lawyers and judges enter. Shiny leather shoes. The Spanish flag. Almirante Montojo and Teniente Rivas enter. Separately Fiscal Sanchez enters.

Shiny brass. Shoes as bright as the sun. Sharp pant creases that can cut like a knife. Those don’t seem to impress Almirante Montojo. His quiet pride still shows despite his age.

JUEZ CASTANEDA, the lead judge, looks at his fellow officers. In his early 60s, he looks like he has seen too many of these trials and just wants to retire. He bangs the gavel.

JUEZ CASTANEDA: This Court is now in session. All those with business in this courtroom please rise. (Defense and prosecution rises) Almirante Montojo, you are being charged with several counts of dereliction of duty and conduct unbecoming of a naval officer. How do you plead Senor?

Rivas, handling his first trial case, looks at his client. Almirante Montojo whispers in his ear. Rivas quietly answers back.

JUEZ CASTANEDA: Is something the matter? How do you plead?

TENIENTE RIVAS: Senor, may I confer briefly with my client?

JUEZ CASTANEDA: Make it brief! You should have done that before coming here!

Rivas nods and whispers in Almirante Montojo's ear. Almirante Montojo whispers back.

TENIENTE RIVAS: Your honor. Almirante Montojo pleads Not Guilty.

The three military judges whisper excitedly. Juez Castaneda motions with his hand for them to stop.

JUEZ CASTANEDA: Teniente Rivas, have you informed your client that the charges brought against him are serious and may bring extremely negative repercussions to say the least? Is he aware of the charges?

TENIENTE RIVAS: I have briefed him your Honor on the charges. He is aware of this. Almirante Montojo strongly feels he is innocent of all the charges.

The three military officers sitting as court martial judges have varied reactions. They try to hide it but some have slight body reactions. One covers his mouth. The other frowns. Another looks in the distance. All of them look unhappy with the Not Guilty plea.

Juez Castaneda looks long and hard at the young defense lawyer in front of him.

JUEZ CASTANEDA: Very well. Prepare your defense well with your client Counselor. He remains under house arrest for the moment.

Castaneda looks at the defendant.

JUEZ CASTANEDA: I trust upon your personal honor that you will not be a flight risk Almirante Montojo.

Juez Castaneda bangs the gavel.

JUEZ CASTANEDA: Session is adjourned. See you in two weeks.

The court judges file out of the courtroom. The Fiscal taps Rivas on the shoulder without saying a word and walks out.

Almirante Montojo looks at Lucrezia and Eugenio in military uniform behind in the audience seats. They stand up to approach him.

EUGENIO MONTOJO: Papa, are you sure you want to plead not guilty? It looks like they just want a scapegoat.

Lucrezia embraces him. Eugenio looks concerned.

ALMIRANTE MONTOJO: We did not fail the flag and Reina Cristina at Manila Bay. I know they need a scapegoat, but I am not going to be their excuse. Not even if they kill me.

EUGENIO MONTOJO: I know. They were not in Manila Bay that day.

ALMIRANTE MONTOJO: How is your wound?

EUGENIO MONTOJO: Fine Papa. It is healing quickly. As is hopefully yours.

ALMIRANTE MONTOJO: Like you, I am healing physically. But this insult of a charge is more painful to us who were actually there!

Almirante Montojo points to his chest. The anger is palpable.

ALMIRANTE MONTOJO: The one here will not heal soon.

Lights fade.

SCENE 10

SOUND of a door bell. Quick shots of the beautiful garden. Nice library. Various memorabilia from years of naval service. A statue of Mother Mary. Eugenio Montojo, in naval uniform, enters to open the door. Teniente Rivas enters.

TENIENTE RIVAS: Where is he?

EUGENIO MONTOJO: He is in the study. I need to go to the base.

Rivas taps Eugenio on the shoulder. Eugenio exits. Rivas goes to the study. Almirante Montojo is writing something with a pen quill, and occasionally looks out the window.

TENIENTE RIVAS: Almirante, may I come in Senor?

ALMIRANTE MONTOJO: Si. Dispense with the military formalities.

Rivas takes a seat with his leather briefcase in front of him. He looks at the photos on the wall. He pulls out some documents.

TENIENTE RIVAS: I’ve prepared this defense strategy Senor.

Rivas hands it to Almirante Montojo, who does not read it, but just places it on his desk. He is not in the mood to read a legal document. Teniente Rivas eyes dart around the room to notice the many mementos of foreign wars.

ALMIRANTE MONTOJO: It doesn’t matter. The higher ups want to justify their incompetence with me as a scapegoat. After all, I was the highest ranking officer at Manila Bay.

TENIENTE RIVAS: They did not answer your letters of support as your affidavit stated. Besides they cannot take that Espana lost to an upstart world power, the United States.

ALMIRANTE MONTOJO: America might be an upstart, but they have steel steam warships. What did I have that day? Floating pieces of wood that didn’t stand a chance! Tradition can only do so much in battle versus modern weapons.

Almirante Montojo seems distant and looks tired. He grabs a photo of his family from his desk.

ALMIRANTE MONTOJO: Me and my son Eugenio were wounded. What more does Reina Cristina and Espana want?

TENIENTE RIVAS: You lost the fleet and many men at Manila Bay Almirante. Espana wants a scapegoat. Surely you understand that Senor.

Almirante Montojo looks at a picture of himself as a young naval midshipman.

ALMIRANTE MONTOJO: We both wear the uniform Teniente. I hope you are not giving up on me before the battle even begins. We fight until the end!

TENIENTE RIVAS: Understood Senor.

ALMIRANTE MONTOJO: Men were killed under my charge. This is just a trial, and I’m the one being tried, so don’t be so worried.

TENIENTE RIVAS: Of course Senor. I’m just being realistic about our chances Senor.

ALMIRANTE MONTOJO: I understand. I am also a pragmatic man if I need to be.

Uncomfortable pause.

TENIENTE RIVAS: By the way Senor. Two of your sailors agreed to testify to your bravery at Manila Bay. They said they were there with you, Marinero Rojas and Marinero Savedra. Do you remember them Senor?

ALMIRANTE MONTOJO: The names are familiar. I remember them as two of the sailors aboard the Reina Cristina.

Almirante Montojo stands up and looks at the window. He looks at his beautiful garden. The love and care he has given it betrays that he is not just a warrior.

ALMIRANTE MONTOJO: What is the view from prison these days? Do they have gardens like these?

TENIENTE RIVAS: Not since the last time I looked Senor. I shall see you in court at 9am tomorrow?

ALMIRANTE MONTOJO: I’ll be there.

Suddenly, there is the SOUND of shattering glass from another room. They hurriedly run to the other room where they see...A shattered window pane. Shards of glass. A rock wrapped in paper.

Rivas carefully picks up the rock, and then looks briefly outside the shattered window.

TENIENTE RIVAS: Must be one of those protesters. Funny their sentry never seems to be around when he is needed.

Rivas walks towards Almirante Montojo while unwrapping the paper from the rock. The handwriting in Spanish says, "Traitor of Manila Bay." He shows it briefly then crumples it.

ALMIRANTE MONTOJO: Maldicion! They all hate me for losing this damned naval battle at Manila Bay.

TENIENTE RIVAS: They had no idea what it must have been like Senor. Shall I call for someone to clean this up?

ALMIRANTE MONTOJO: Don’t worry about it. Just prepare for our case.

TENIENTE RIVAS: Gracias Senor.

Rivas turns to leave the room. On the way out he sees a wooden cross. He glances briefly, and makes a sign of the cross, then exits. Lights fade.

SCENE 11

Teniente Rivas enters. He sees EVITA MALLORCA, 20s, an attractive lady who can debate any man on most complex subjects if she has to, seated on a park bench. Half of the bench is unoccupied.

TENIENTE RIVAS: Excuse me Senorita. May I sit beside you?

She glances at the dashing young naval lawyer, then slowly flashes a smile.

EVITA MALLORCA: You may. I don't own this bench.

Teniente Rivas takes his seat beside her. He looks at the park hedges with flowers in full bloom in front of them.

TENIENTE RIVAS: I like this park this time of the year. The flowers are lovely.

EVITA MALLORCA: It looks the same as last year.

TENIENTE RIVAS: The flowers are lovely, but not as lovely as you Senorita.

Evita Mallorca blushes and laughs.

EVITA MALLORCA: Do you say that to every girl you meet Teniente?

TENIENTE RIVAS: Only to the lady I gave an engagement ring to.

EVITA MALLORCA: Well that's original. Better than your opening line last time.

They hug and kiss. He looks into her eyes while they embrace.

TENIENTE RIVAS: I missed you.

Evita breaks off the embrace. Rivas sits beside her.

EVITA MALLORCA: Speaking of our engagement, Papa is adamant and said that we should break it off, since you insist on defending that Almirante Montojo. He said you should let someone else defend him.

TENIENTE RIVAS: Ahh, did you talk to Vicencia about the reception plans?

EVITA MALLORCA: Hmmph. There you go again. Evading the question.

TENIENTE RIVAS: I’m only a naval lawyer Evita, and your father is a politician in the Cortes parliament, and a well known former Army general.

EVITA MALLORCA: He has a point though.

TENIENTE RIVAS: But I need to defend Almirante Montojo. Besides, I believe him. He is really innocent of these trumped up charges.

Evita stares at the ground.

EVITA MALLORCA: Papa thinks it won’t be good for your career if you defend someone responsible for Espana’s defeat.

She folds her arms.

EVITA MALLORCA: Can’t you for once just take his advice? I know you don’t like being told what to do, but can you just do this? For me?

Rivas stands up, turns and faces her. Evita remains seated on the park bench.

TENIENTE RIVAS: I’m sorry Evita. I have a sworn duty to uphold. I need to defend Almirante Montojo. He is innocent and I believe him.

Evita stands up. She stands up suddenly, then turns and starts to walk away from Rivas along the path way. She says nothing. Rivas follows and walks behind her. Rivas reaches out and gently grabs her forearm.

TENIENTE RIVAS: Wait! Does this mean you are calling off our engagement?

Evita stops. She turns to face Rivas with a pout on her face. She touches her lips with her index finger twice then drops her hand. Her stern look suddenly turns into a smile.

EVITA MALLORCA: You men are all alike (laughs). I was only teasing you. Of course we are engaged. But Papa will not like it one bit. Every time I bring up your name at dinner he tells me to break it off with you.

Rivas gives Evita a hug and a kiss on the cheek. He then breaks off, and starts to walk away.

EVITA MALLORCA: You know, one day women like me will be doing the kind of work you men do. Maybe not yet now, but one day that day will come. We will be allowed to be lawyers like you!

Rivas stops then turns to her.

TENIENTE RIVAS: Maybe in the future. I've never met anyone smarter than you dear.

She smiles.

TENIENTE RIVAS: Anyway I am late, and need to run off to court. You tell your Papa he will be proud of me once I win this case!

Evita gives him a flying kiss with her palm. She is standing in the pathway. The beautiful park trees frame her classic pose.

EVITA MALLORCA: I know you will win Teniente. Te amo!

TENIENTE RIVAS: Te amo Evita! I will win this case for you!

They both exit on opposite ends. Lights fade.

SCENE 12

The trial proceeds. The Fiscal is on the floor questioning Almirante Montojo on the stand. A LARGE MAP of Manila Bay is mounted on a tripod for the judges to see.

FISCAL SANCHEZ: Almirante Montojo, is it true that you ordered the raising of the white flag of surrender at Cavite arsenal?

ALMIRANTE MONTOJO: Ah si Senor but--

FISCAL SANCHEZ: --Clearly a dereliction of duty. You are supposed to fight, not surrender!

ALMIRANTE MONTOJO: Si Fiscal Sanchez, but this was after all our ships had been sunk. We had many dead and wounded by that time.

FISCAL SANCHEZ: I do not make light of the loss of your men Almirante, but why did you raise the white flag?

ALMIRANTE MONTOJO: The American ship, the Petrel, would have fired at Cavite arsenal if I had not ordered this. That would have meant further loss of life.

FISCAL SANCHEZ: Nonetheless you did order the white flag to be raised. I’ll go back to that later.

The Fiscal looks at the judges. Juez Cancio has a barely perceptible smile.

FISCAL SANCHEZ: Almirante, would you not consider it strange that while you spent a lot of time in Manila Bay and your opponent Admiral Dewey only arrived there the morning of 1 May 1898, that he managed to defeat you even with that home advantage?

ALMIRANTE MONTOJO: No it is not strange. The Americans had newer steel steamships like the USS Olympia.

FISCAL SANCHEZ: And so?

ALMIRANTE MONTOJO: I had floating wooden coffins from another era. Plus I did not get what I requested from Madrid.

The Fiscal struts around the courtroom like a cougar pouncing for a kill on older prey. Snarky.

FISCAL SANCHEZ: I’m sure you’ll have various excuses.

He walks around again.

FISCAL SANCHEZ: The 16-centimeter Krupp gun corresponds almost nearly with the 6-inch gun used by the American navy. Is this correct Almirante?

ALMIRANTE MONTOJO: Si Fiscal.

FISCAL SANCHEZ: You had that gun with you right? Why did you not use it against the Americans?

ALMIRANTE MONTOJO: As I had stated previously, the shore artillery at Subic did not do their job and install the Krupp.

Rivas has a quizzed look on his face wondering where the Prosecutor is headed with his questions.

FISCAL SANCHEZ: It seems you had too many cannons that were not installed properly.

He lets that sink in.

FISCAL SANCHEZ: What about the ones in Intramuros fort in Manila? That would have done damage to the Americans right?

ALMIRANTE MONTOJO: I had no choice. The Governor General ordered me out of the city to prevent damage to Manila.

FISCAL SANCHEZ: And so? Couldn't you rely on those guns?

ALMIRANTE MONTOJO: Those guns did fire but the Americans traversed a path that was outside the range of the Intramuros guns.

FISCAL SANCHEZ: And so you chose to locate your ships in Cavite, where you had the older guns. Not a good choice Almirante.

A slight nod from Juez Cancio almost gives his sympathies away.

ALMIRANTE MONTOJO: Lives are important to me. There were too many innocents who would have perished if I had located my ships near the City of Manila.

FISCAL SANCHEZ: Why Cavite arsenal then?

ALMIRANTE MONTOJO: The shallows near Cavite arsenal would have allowed my men to swim to safety than if we had positioned ourselves near the deeper water of Intramuros.

FISCAL SANCHEZ: So defeat was already in your mind before the Battle began, eh? By the way Almirante, did you know that the artillery officer in Intramuros fort blew his brains out with his pistol? He couldn’t take hearing La Paloma being played with impunity by the American ships at the harbor.

Almirante Montojo chooses not to respond.

FISCAL SANCHEZ: How do you feel about his life Almirante?

ALMIRANTE MONTOJO: I am sorry to hear that. But I had to do what was needed to save our remaining forces from destruction.

Fiscal Sanchez paces around the room. He looks around the room, then swings around to face Almirante Montojo again. This time to try a different tack.

FISCAL SANCHEZ: Almirante, one of Admiral Dewey’s ships, the McCulloch had visible fire from her smokestack from some residual soot?

ALMIRANTE MONTOJO: Si.

FISCAL SANCHEZ: Your gunners at Corregidor saw the Americans enter Manila Bay in the very early morning hours because of this accidental smokestack fire did they not?

ALMIRANTE MONTOJO: Si--

FISCAL SANCHEZ: --And yet your shore artillery at Corregidor did not fire on time because they were not ready! When they managed to fire, it was too late!

ALMIRANTE MONTOJO: But Fiscal--

FISCAL SANCHEZ: --Worst of all, Corregidor did not even inform Manila of Admiral Dewey’s passage!

ALMIRANTE MONTOJO: Well the telegraph wasn't--

FISCAL SANCHEZ: (facing the judges)--Your Honors, it is apparent that Almirante Montojo was clearly unprepared for the arrival of the Americans. Uninstalled cannons. Men who were not at their battle stations. Slow in firing their cannons. Anyway, I shall get back to that.

The Fiscal paces around the room. He looks around the room, then swings around to face Almirante Montojo again.

FISCAL SANCHEZ: Almirante Montojo, I read your Leon Aldao novel. Did that take a lot of your time to write?

ALMIRANTE MONTOJO: In my spare time, I wrote. I spent a lot of time away from Espana and family. Writing was simply my way of keeping sane just like other officers and men did in their own way.

FISCAL SANCHEZ: Time that could have been spent inspecting fortifications, gauging readiness, and other military matters?

ALMIRANTE MONTOJO: No not--

FISCAL SANCHEZ: --Time you could have used to ensure that the Krupp gun was installed properly in Subic Bay.

ALMIRANTE MONTOJO: But we were--

FISCAL SANCHEZ: --Time you could have used to ensure that the Corregidor gunners were alert at the slightest hint of the enemy!

ALMIRANTE MONTOJO: Well you see--

FISCAL SANCHEZ: --Is it not true Almirante, that you were negligent as a commander, and you failed your duties to Reina Cristina and Espana? Is it not true that because of your negligence, all our ships are at the bottom of Manila Bay?

Almirante Montojo loses control. He tries to lurch at the Fiscal from the stand.

ALMIRANTE MONTOJO: That is not true! That is a damn lie!

Fiscal Sanchez is surprised and instinctively backs up. Juez Castaneda bangs the gavel several times. Almirante Montojo looks extremely distressed.

JUEZ CASTANEDA: Order! Order in the Court! Teniente, please restrain your client! I will not tolerate these kinds of outbursts in this Courtroom!

Rivas is irked, and suddenly stands up. He has been outsmarted by the Fiscal.

TENIENTE RIVAS: Si your Honor. But I would also like to object. Fiscal Sanchez is implying that Almirante Montojo was negligent in his duties when in fact he did them, and just like everyone else posted in a faraway place like the Philippines, needed to relax to maintain their sanity.

Pause.

TENIENTE RIVAS: What they did, as long as it was legal, should not be questioned your Honor.

An exasperated Juez Castaneda thinks briefly about what Teniente Rivas has said.

JUEZ CASTANEDA: Fiscal Sanchez, are you saying writing took away time from Almirante Montojo’s military duties? Where are you headed with this line of questioning.

FISCAL SANCHEZ: I am getting there Juez Castaneda.

JUEZ CASTANEDA: May I remind you that you are questioning a bemedalled naval officer with many years of service to Espana and Reina Cristina?

FISCAL SANCHEZ: And an officer, your Honor, responsible for the sinking of our fleet in Manila Bay.

JUEZ CASTANEDA: You need to establish that first.

FISCAL SANCHEZ: It is our position your Honor, that Almirante Montojo had plenty of time to prepare a defense, but he spent most of his time writing his novel, Leon Aldao. Time that could have been spent your Honor, beefing up Espana’s defense at Manila Bay.

JUEZ CANCIO: The Prosecution has a point.

Rivas and Almirante Montojo frown on this naked show of judicial bias.

FISCAL SANCHEZ: Now because of his negligence, the Spanish fleet in the Philippines lies under the waters of Manila Bay.

Almirante Montojo wants to answer, but Rivas waves him not to. He seems to have an ace up his sleeve.

TENIENTE RIVAS: Your Honor, may I ask my client a question?

JUEZ CASTANEDA: Fiscal, are you done with your questions?

FISCAL SANCHEZ: I am for now, your Honor.

Fiscal Sanchez takes his seat. He looks pleased that he has poked major holes with the defense.

JUEZ CASTANEDA: Defense may proceed.

Teniente Rivas stands. He approaches his client.

TENIENTE RIVAS: Almirante Montojo, could you tell this Honorable Court where you served Espana and Reina Cristina in your many years in the naval service?

No answer.

TENIENTE RIVAS: Almirante?

ALMIRANTE MONTOJO: I engaged in battles with the Moros in the Southern Philippines island of Mindanao. I was in the Battle of Abtao and El Callao in Peru.

TENIENTE RIVAS: What is that gold cross you wear on your uniform Almirante?

Almirante Montojo touches the gold cross pinned to his chest. The judges look impressed. The gold cross seems to matter to them.

ALMIRANTE MONTOJO: Well, everyone knows this is the Grand Cross of Reina Maria Cristina given to me just last year for my many years of naval service.

TENIENTE RIVAS: You were injured at Manila Bay were you not Senor?

ALMIRANTE MONTOJO: Si I was. It was more apparent a few months ago, but my wounds have healed somewhat.

TENIENTE RIVAS: And your son Eugenio? Was he at the Battle with you? Is he also in the naval service of Espana?

ALMIRANTE MONTOJO: Si, he was with me and is also a naval officer.

Almirante Montojo points to Eugenio in the audience. Eugenio stands up to be recognized by the Court.

ALMIRANTE MONTOJO: Eugenio my son over there, was also wounded in action like me.

TENIENTE RIVAS: So yours is a military family, that have spent many years giving honor to Espana and Reina Cristina?

ALMIRANTE MONTOJO: Si, I and my family have rendered many years of honorable service to Espana.

Rivas looks at the judges.

TENIENTE RIVAS: Your Honor, I am done with my questions for now. Because of the late hour, may we resume our trial tomorrow?

Juez Castaneda looks at his colleagues. They look tired and nod in agreement.

JUEZ CASTANEDA: It has been a long day. This court adjourns for now and will resume its session at 9am tomorrow morning.

Juez Castaneda bangs the gavel. Lights fade.

SCENE 13

Almirante Montojo is tossing and turning in bed. Lucrezia is asleep beside him.

SPOTLIGHT on several of his dead officers and men, lying on the ground. Bloodied.

SPOTLIGHT on several young men and women wearing their revolutionary uniforms in an open field carrying the different flags of Spain's former colonies.

Lucrezia wakes up.

LUCREZIA MONTOJO: Patricio, what is the matter?

ALMIRANTE MONTOJO: Nothing dear. Just a bad dream.

Lucrezia goes back to sleep. Almirante Montojo looks at the ceiling, worried. Lights fade.

SCENE 14

Juez Cancio is seated in front of Ministro Santander's desk.

MINISTRO SANTANDER: So what have you found about their strategy?

JUEZ CANCIO: Senor, I am a judge. I cannot answer your question directly.

MINISTRO SANTANDER: Juez Cancio, I do not have time to play games with you! Tell me their strategy or else you will find yourself exiled to the farthest part of what remains of our empire!

Juez Cancio looks at the ceiling. He is loathe to break his duty but every man has a breaking point.

JUEZ CANCIO: They have two witnesses you should worry about. Two sailors. One of them is more reliable, a certain Marinero Savedra. The other might have a secret that might undermine his testimony Senor. That is all I know. I swear.

Ministro Santander looks intently at Juez Cancio.

MINISTRO SANTANDER: Si. You may go. I don't need to tell you what you need to do.

A dismissive wave of the hand is all Juez Cancio gets.

JUEZ CANCIO: Gracias Senor.

Juez Cancio exits with the weight of the world on his shoulders.

The Soldier enters.

MINISTRO SANTANDER: We have a problem, and I want you to personally take care of it.

Ministro Santander takes out a revolver from his pocket. He wipes off any fingerprints with a cloth then gives it to the Soldier.

MINISTRO SANTANDER: You know what to do. Like the other times.

The Soldier takes the revolver and places it in his pocket. He does not speak and simply exits. Lights fade.

SCENE 15

Backdrop is a picturesque location somewhere in Spain. Evita and Teniente Rivas enter, holding hands. They walk slowly while talking.

EVITA MALLORCA: You work too hard. You need a vacation.

TENIENTE RIVAS: I’m glad you took me here. Does your Papa know you are here?

EVITA MALLORCA: Are you crazy? He knows nothing. He keeps telling me to break it off with you. So I had to tell him I was going to spend the day with a friend. Go win your trial counselor.

TENIENTE RIVAS: I will. I needed this. Gracias.

They exit. Lights fade.

SCENE 16

The trial resumes. Rivas is questioning Almirante Montojo.

TENIENTE RIVAS: Almirante Montojo, the Prosecutor wishes to prove that you did nothing to prepare for the arrival of the Americans. But was it not true that you were trying your best to prepare for what you knew would be a trying battle for Espana? What exactly did you do to prepare for their arrival?

ALMIRANTE MONTOJO: I had been sending several cables to Madrid requesting for help prior to the battle, but all I got were tentative replies.

TENIENTE RIVAS: Continue Senor.

ALMIRANTE MONTOJO: I had been actively taking all precautions. My torpedoes and boats were few and deficient. I awaited superior orders. I had no instructions.

Rivas struts around then faces Almirante Montojo. He wants his client to show the frustrations he had in Manila Bay.

TENIENTE RIVAS: Could you give this court an example of some of the replies you received from Madrid Almirante?

ALMIRANTE MONTOJO: I do not wish to put some of superiors in Madrid under unwarranted criticism.

Juez Castaneda is disturbed by the answer. This is a court martial after all.

JUEZ CASTANEDA: Almirante Montojo, I admire your desire to preserve secrecy. But this is a military court martial and you are on trial here. Please inform this Court the full extent of what you know.

ALMIRANTE MONTOJO: Si your Honor. Before I convened the Council of Ship Captains, I asked my closest officers if we were ready to sail to Subic to meet the Americans there. They told me we had a problem. They never installed the Krupp cannons at Grande island in Subic. The cannons were just there on the beach!

TENIENTE RIVAS: What was their excuse?

ALMIRANTE MONTOJO: It looked like all they did there in Subic was to drink the local rum and chase the local women there.

TENIENTE RIVAS: And what did you do after that?

ALMIRANTE MONTOJO: I told them to forget Subic. We would make our stand at Manila Bay.

TENIENTE RIVAS: What else did you do?

ALMIRANTE MONTOJO: I asked Madrid about our requests for supplies. The reply we received was a note of regret from Madrid of not being able to send reinforcements, as they were needed back in Espana.

TENIENTE RIVAS: You also sent a telegram to Madrid warning that the Americans had more than fifty cannons, and that they would come as soon as war was declared?

ALMIRANTE MONTOJO: Si. Their reply was to show zeal and activity to supplement our deficiencies.

Ministro Santander, seated at the back of the court room, discreetly leaves. Looking disturbed.

TENIENTE RIVAS: Can you add anymore to that Almirante Montojo?

Almirante Montojo is choked with emotion, as if not wishing to recall the events of that fateful day. The Court waits for his answer.

Rivas approaches his client. He feels he cannot win if Almirante Montojo cannot continue. Suddenly he has an idea.

TENIENTE RIVAS: Your Honor, may I excuse Almirante Montojo and instead call on his son Eugenio? He was at the Battle as well Senor.

JUEZ CASTANEDA: I have no objection. Fiscal?

FISCAL SANCHEZ: He is a family member Senor. Surely he will be biased.

JUEZ CASTANEDA: (to Fiscal Sanchez) Even so. He was at the battle and son or not, he was a naval officer who was at the scene of the battle.

Fiscal Sanchez leans back on his seat.

JUEZ CASTANEDA: (to Teniente Rivas) You may excuse your witness Teniente and call Eugenio Montojo.

Almirante Montojo leaves the stand. Eugenio takes the stand.

JUEZ CASTANEDA: Swear in your witness Teniente.

TENIENTE RIVAS: Please raise your right hand. Eugenio Montojo do you swear to tell the whole truth at these proceedings under penalty of perjury?

Eugenio raises his right hand.

EUGENIO MONTOJO: I do Senor.

Eugenio takes his seat.

TENIENTE RIVAS: Muy bien. Senor could you narrate to us what you did prior to the events at Manila Bay?

Eugenio looks at his father then the judges.

EUGENIO MONTOJO: Si. One time we requested for nitroglycerin to make some mines, but all we received were large rolls of electrical wire. Another cable from Madrid ordered us to shutoff all island ports with defensive torpedoes. Madrid knew we had no torpedoes! We finally realized that we could not rely on Madrid to send help.

TENIENTE RIVAS: Could you describe what happened when the Americans fired at your ships?

Eugenio squirms in his seat, as if uneasy to recall the details. The Court waits. Rivas approaches him.

TENIENTE RIVAS: I know it is hard Eugenio. Please take your time.

Eugenio closes his eyes briefly then opens it slowly.

EUGENIO MONTOJO: The Americans fired most rapidly. There came upon us numberless projectiles, as three cruisers at the head of the line devoted themselves almost entirely to fight the Cristina, our flagship.

Eugenio pauses.

TENIENTE RIVAS: Go on.

EUGENIO MONTOJO: In the meanwhile another shell exploded in the orlop, setting fire to the crew’s bags, which they were fortunately able to control.

The judges are engrossed in the testimony.

EUGENIO MONTOJO: The enemy shortened the distance between us, and rectifying his aim, covered us with a rain of rapid-fire projectiles. At 7.30 one shell destroyed completely the steering gear. I ordered to steer by hand while the rudder was out of action.

The Fiscal is annoyed. He stands up.

FISCAL SANCHEZ: Objection your Honors, can Eugenio Montojo go straight to the point? Is he planning to discuss Magellan’s discovery of the Philippines here? Just asking your Honors.

JUEZ CASTANEDA: Objection denied Fiscal Sanchez. The Court would like to hear Eugenio Montojo’s testimony of how the Battle went.

Fiscal Sanchez sits down, and shows his frustration.

JUEZ CASTANEDA: Do not lecture me on how to run these proceedings Fiscal. Eugenio Montojo, please proceed.

EUGENIO MONTOJO: Gracias Juez Castaneda. Amidships several shells of smaller caliber went through the smokestack and one of the large ones penetrated the fire room, putting out of action one master gunner and twelve men serving the guns.

TENIENTE RIVAS: Don’t stop Senor.

EUGENIO MONTOJO: Another rendered useless the starboard bow gun; while the fire astern increased, fire was started forward by another shell, which went through the hull and exploded on the deck.

TENIENTE RIVAS: And your other guns?

EUGENIO MONTOJO: The broadside guns, being undamaged, continued firing until there were only one gunner and one seaman remaining unhurt for firing them, as the gun crews had been frequently called upon to substitute those charged with steering, all of whom were out of action.

JUEZ CASTANEDA: Eugenio Montojo, the Americans returned right?

EUGENIO MONTOJO: Si Senor. At 10.30 the enemy returned, forming a circle to destroy the arsenal and the ships which remained to me, opening upon them a horrible fire, which we answered as far as we could with the few cannons which we still had mounted.

TENIENTE RIVAS: Anything else that you recall?

EUGENIO MONTOJO: There remained the last recourse to sink our vessels, and we accomplished this operation, taking care to save the flag, the distinguishing pennant, the money in the safe, the portable arms, the breech plugs of the guns, and the signal codes.

TENIENTE RIVAS: What can you say about the condition of your ships that day versus the American ships?

EUGENIO MONTOJO: Our ships? These were floating coffins from an earlier era. The Americans had, like the USS Olympia, steel steamships.

TENIENTE RIVAS: Is that everything Senor?

Eugenio is visibly moved. He tries to maintain his composure as an officer, but he can’t help his tears from falling.

EUGENIO MONTOJO: Si. That is it.

JUEZ CASTANEDA: Fiscal do you have questions for this witness?

FISCAL SANCHEZ: Not at this time Senor.

JUEZ CASTANEDA: If you are done you may call your next witness Teniente. You are excused Eugenio Montojo.

TENIENTE RIVAS: Gracias Coronel.

Eugenio leaves the stand.

TENIENTE RIVAS: The defense calls on Marinero Savedra to take the stand.

No one appears on the stand.

TENIENTE RIVAS: The defense again calls on Marinero Savedra.

No one appears.

JUEZ CASTANEDA: Where is your witness Teniente?

Rivas appears stunned. Almirante Montojo remains seated but is calm and collected.

TENIENTE RIVAS: I do not understand Coronel. I was talking to him outside the court room an hour ago.

JUEZ CASTANEDA: Well you better look for your so-called witness? This trial is adjourned for now.

Juez Castaneda bangs the gavel. The judges walk out of the court room. For some reason, Juez Cancio and Almirante Montojo briefly exchange unfriendly glances before the judge walks out.

Rivas, still confused, talks to Almirante Montojo.

TENIENTE RIVAS: I do not understand Almirante. I was simply talking to our witness an hour ago.

ALMIRANTE MONTOJO: You are still truly a babe in the woods Teniente. Somehow they got to our witness. I don’t know. Maybe they shipped him off somewhere.

TENIENTE RIVAS: That's a dirty trick Senor!

ALMIRANTE MONTOJO: Forget about your textbook law. This is how it gets played in the real world. That Juez Cancio, I have a sense he is biased against me. But I doubt we can make a motion against him at this point.

TENIENTE RIVAS: That may be so, but I will make a motion to the judge next time for the Navy to produce Marinero Savedra and Marinero Rojas.

Suddenly, a loud GUNSHOT is heard, coming from outside.

Lights fade.

SCENE 17

Bystanders are looking at the corpse of Marinero Savedra. Rivas and Almirante Montojo and the rest of the court members enter, genuinely shocked.

TENIENTE RIVAS: (To FISCAL SANCHEZ) We need to secure our only remaining witness Marinero Rojas.

FISCAL SANCHEZ: Of course I will. I may fight with you in court Teniente, but never like this. I need to call the Guardia Civil first. We will catch whoever did this!

The Fiscal leaves.

ALMIRANTE MONTOJO: We only have one witness left Teniente. I will also ask my loyal officers to secure him. This is more than a trial now.

Lights fade.

SCENE 18

Several young men and women wearing their revolutionary uniforms. Walking in an open field carrying the different flags of Spain's former colonies.

SCENE 19

Ministro Santander and Juez Castaneda are at a tavern drinking wine.

MINISTRO SANTANDER: Gracias for seeing me on short notice. How is the Army these days?

JUEZ CASTANEDA: It is still the Army Senor. You should have stayed longer. Maybe you would have become the Army chief if you did.

MINISTRO SANTANDER: Not with that clown leading the Army when I was there.

JUEZ CASTANEDA: How is Elsa?

An uncomfortable Ministro Santander looks away.

MINISTRO SANTANDER: Let’s not talk about her.

JUEZ CASTANEDA: I should not have introduced her to you. I should have married her you know.

MINISTRO SANTANDER: You were too slow. Too upright. You should try cutting corners some time. You know, taking short cuts.

He leans towards his drink.

MINISTRO SANTANDER: Anyway it did not workout. She ran away many years ago, with my infant son then.

Ministro Santander pulls out the family photo from his pocket and shows it to Juez Castaneda. He returns it to his pocket.

JUEZ CASTANEDA: I’m sorry to hear that.

MINISTRO SANTANDER: Don’t be. I’m a politician now remember Coronel. The Army was the past. These days I grant and receive favors to get things done. Anyway sometimes I receive letters from them.

JUEZ CASTANEDA: Do you know what happened to them?

A painful question and it shows.

MINISTRO SANTANDER: I occasionally got letters. I found out my son eventually joined the Navy as a commissioned officer.

Santander looks around first for possible bystanders who might overhear.

MINISTRO SANTANDER: Coronel, I need to ask you a favor.

Pause.

MINISTRO SANTANDER: This court martial, despite what happened to the defense witness, you should really find Almirante Montojo guilty.

JUEZ CASTANEDA: Senor?

MINISTRO SANTANDER: Sure give him a trial. But at the end of the day he has to be punished.

Juez Castaneda is taken aback by the unseemly request. For a moment he chooses not to respond and looks to see if anyone has heard the conversation.

JUEZ CASTANEDA: Senor, stop right there. You were my commander before but this discussion seems to be taking an inappropriate turn. I am the judge of this--

MINISTRO SANTANDER: --Let’s not be idealistic cadets here Coronel. You and I know damn well that Almirante Montojo lost the Philippines and our Empire. I think, inappropriate or not, Montojo ought to hang!

Castaneda is deeply disturbed. He finishes his wine, stands up, and takes his hat.

JUEZ CASTANEDA: Ministro, I won’t mention we discussed this. It is highly inappropriate. I think it is time I left Senor. Santander also stands up.

MINISTRO SANTANDER: Wait Coronel.

He pauses, as if uncomfortable with what he has to say.

MINISTRO SANTANDER: My son with Elsa, Teniente Santander was aboard one of the ships in Manila Bay. He just died recently from wounds sustained in the Battle.

JUEZ CASTANEDA: How does this relate to this trial?

MINISTRO SANTANDER: I hold Almirante Montojo totally responsible for his death!

Juez Castaneda shakes his head.

JUEZ CASTANEDA: I’m sorry for your loss Ministro. But all military officers face that possibility as part of our job. Gracias por el vino Senor.

Castaneda, his face in a frown, leaves Santander behind. Santander takes his old family photo from his pocket, looks at it, then buries his face in his palms. Lights fade.

SCENE 20

Teniente Rivas is finishing his cross examination of his witness on the stand MARINERO ROJAS, 20s, a sailor who looks like someone who grew up with a hard life.

TENIENTE RIVAS: And so you are certain that based on what you personally witnessed last May 1, that Almirante Montojo acted bravely and upheld the honor of Espana and Reina Cristina?

MARINERO ROJAS: Si Teniente. He was calm and collected during the Battle and he upheld the honor of Espana and Reina Cristina with his actions that day. I personally saw him Senor.

TENIENTE RIVAS: Defense has no more questions your Honors.

Rivas takes his seat.

JUEZ CASTANEDA: Fiscal, your witness.

The Fiscal stands up, slowly walks up to his witness. Rivas and Almirante Montojo are wary of the Prosecutor’s plan of attack.

FISCAL SANCHEZ: How long have you served in the Navy, Marinero Rojas?

MARINERO ROJAS: Tres anos Senor.

The Fiscal has slowed the pace. He looks at the judges briefly. Then looks back at the witness.

FISCAL SANCHEZ: Marinero, where are you from and at what age did you join the Navy?

MARINERO ROJAS: Capitan I am from Madrid. I joined at age 18.

FISCAL SANCHEZ: Why did you join the Navy?

MARINERO ROJAS: To see the world and fight Espana's enemies Senor.

The Fiscal paces again. Rivas looks at Almirante Montojo with a puzzled look. Almirante Montojo can only shrug his shoulders.

FISCAL SANCHEZ: What were you doing that day when the Americans came?

The witness’s self-confidence evaporates a bit.

MARINERO ROJAS: I was at my post Capitan. At the starboard side fore cannons of the Reina Cristina Senor. Firing at the Americans.

FISCAL SANCHEZ: During the fight did you see Almirante Montojo?

MARINERO ROJAS: Si Senor. I saw Almirante Montojo standing in the midst of cannon fire as he was directing us bravely.

The Fiscal moves in for the kill.

FISCAL SANCHEZ: Really?

MARINERO ROJAS: Ah Si Senor.

FISCAL SANCHEZ: Marinero, do you know a certain Filipina lady named Melania who lives near Cavite arsenal?

MARINERO ROJAS: S-Si Senor.

FISCAL SANCHEZ: Well, the reason I am asking is that she claims she was with you at her house outside the arsenal.

Rojas does not answer.

FISCAL SANCHEZ: She also sent a sworn statement that you were drunk that morning and she had to bring you with her wagon to the naval pier at 9:10 in the morning.

Everyone is wondering where the Prosecutor is leading the questioning. Rivas stands up to ask.

TENIENTE RIVAS: Your honors, what is the point of Fiscal Sanchez question?

JUEZ CASTANEDA: Fiscal?

FISCAL SANCHEZ: I’m getting there your Honors. Marinero, can you confirm that Senorita Melania brought you to the naval pier at 9:10 am?

MARINERO ROJAS: Si Senor.

There is silence and confusion, almost panic at what is happening with the defense team with the sudden realization of what is about to happen.

FISCAL SANCHEZ: I will ask you again. What were you doing on the morning of May 1, 1898? Not what you have been telling your friends and family but what you were really doing.

Marinero Rojas is frozen. He refuses to answer.

FISCAL SANCHEZ: Juez Castaneda could I ask the witness to answer my question?

JUEZ CASTANEDA: Marinero, please answer the question else I will be forced to put you in jail for contempt.

MARINERO ROJAS: Ah..Ah..

FISCAL SANCHEZ: Is it not true that you were not even on the Reina Cristina that day?

That hits the mark. Bad. The crowd gasps.

FISCAL SANCHEZ: Is it not true that you were at this local girl Melania’s house near Cavite arsenal and when you tried to join your fellow sailors back to the Reina Cristina at 9:10am, the ship had already left the pier at exactly 9am?

The witness looks rattled, unsure what to do.

MARINERO ROJAS: S--Si Senor.

There is a loud groan from the court. Both Rivas and Almirante Montojo’s faces are in shock. Rivas stands up.

TENIENTE RIVAS: Your Honors, may I ask for a recess to privately confer with my witness?

JUEZ CASTANEDA: Denied. Fiscal Sanchez please proceed.

TENIENTE RIVAS: A reconsideration your Honor?

JUEZ CASTANEDA: I have denied your motion Teniente Rivas! Fiscal Sanchez please proceed.

Rivas sits down dejected. He has suddenly lost his bearings.

FISCAL SANCHEZ: Why did you lie? You have just committed perjury, so you better tell the truth now.

Involuntarily, Rojas's eyes water.

MARINERO ROJAS: I-- I could not face my friends and family sir if they found out I was not in the Battle.

FISCAL SANCHEZ: It does not excuse your lie.

MARINERO ROJAS: It was an accident Senor. The ship had only left a few minutes before I arrived. I wanted so much to join them Senor.

Rojas starts to break down.

MARINERO ROJAS: I am not a coward Senor!

FISCAL SANCHEZ: (to MARINERO Rojas) Nobody is saying you are a coward Marinero Rojas. It was a twist of fate that you could not join your fellow sailors, and perhaps because of the heat of battle they never noticed your absence.

Rojas uncontrollably weeps on the stand.

FISCAL SANCHEZ: But your Honors, this young man, has lied. He has committed perjury. He was not at the Reina Cristina to witness the so-called bravery of Almirante Montojo. He lied on the stand. He was not even there.

Rivas and Almirante Montojo are trying their best to look composed. As the people behind them are speaking animatedly, both are expressionless and frozen in their seats. They both look shattered and know they have lost a key battle.

Lights fade.

SCENE 21

Rivas enters and sees one of the court judges, and automatically salutes him. The military judge, JUEZ RICAFRENTE, late 40s, a friendly but normally quiet type, salutes him back. Rivas is about to enter the courthouse when he is summoned by Juez Ricafrente. There is no one else around.

JUEZ RICAFRENTE: Counselor, wait!

Juez Ricafrente looks around to see if anyone is watching since he is a judge.

TENIENTE RIVAS: Si Senor.

JUEZ RICAFRENTE: How are you holding up?

TENIENTE RIVAS: I guess things could go better for us Senor.

JUEZ RICAFRENTE: I would like to give you some friendly advice if you are willing to take it.

Rivas looks around. Approaches.

JUEZ RICAFRENTE: I knew your late father a long time ago, and I met Almirante Montojo briefly as his underclassman at the Naval School in Cadiz. I’m not sure he remembers me from way back though.

TENIENTE RIVAS: Go ahead Senor.

JUEZ RICAFRENTE: I hate to see a good man get convicted. That was a disaster with Marinero Rojas in court. Next time screen your witnesses carefully.

TENIENTE RIVAS: Si Senor.

JUEZ RICAFRENTE: Problem is, you have a dead witness and your other witness perjured himself!

TENIENTE RIVAS: I am very much aware of that Senor.

JUEZ RICAFRENTE: If I were in your shoes I would advise Almirante Montojo to change his plea to guilty and to plea bargain for a lesser sentence. You are his lawyer!

TENIENTE RIVAS: He can be stubborn at times Senor.

JUEZ RICAFRENTE: You do realize what he is up against. A death penalty possibility is no joke.

TENIENTE RIVAS: Your Honor, my client would rather go to prison or even risk death than do that Senor.

Juez Ricafrente gives him a long hard look.

JUEZ RICAFRENTE: That might sound like an unreasonable request to a man of honor like him. But he has to realize that the loss of the fleet at Manila Bay was too great a humiliation for Espana. They want a scapegoat, and it will not be the bumbling fools here in Madrid!

TENIENTE RIVAS: The Guardia Civil are investigating Senor.

JUEZ RICAFRENTE: But what will come of that?

TENIENTE RIVAS: We know that Senor. We have discussed it. But he would never plead guilty just to bargain a lesser sentence Senor.

JUEZ RICAFRENTE: What would change it? For honor? Only a fool would do that. The only man who can truly say that Almirante Montojo did the right thing would be our enemy, Admiral Dewey!

Rivas is startled by the remark.

TENIENTE RIVAS: Excuse me Senor. What did you just say?

JUEZ RICAFRENTE: I was only joking. Why would Admiral Dewey defend his enemy opponent? It is unheard of! Anyway I have to go. Judgment is in a few weeks.

TENIENTE RIVAS: Gracias Senor for the advice. I will discuss it with my client.

Rivas salutes the judge, who returns it. Juez Ricafrente exits. Rivas looks intrigued by Juez Ricafrente’s suggestion, then shrugs it off. He exits. Lights fade.

SCENE 22

Rivas is having breakfast with Almirante Montojo.

ALMIRANTE MONTOJO: So Teniente. You are defending me in this major trial, and I just realized that I have never asked you about your personal life. Are you married?

TENIENTE RIVAS: Not yet but I am engaged Senor. To the daughter of a politician in the Cortes parliament, Javier Mallorca.

ALMIRANTE MONTOJO: I have heard of him. One of those in the Madrid establishment who hates my guts. I hope defending me is not causing trouble for you in that department.

Teniente Rivas is speechless. That was on the mark.

ALMIRANTE MONTOJO: Forget it. Anyway you seem to know what you are doing. How did you end up as a lawyer anyway? You said you were in the Army before?

TENIENTE RIVAS: I enlisted as a young man Senor. I did not want to ride on my late father's fame, Anyway one of my Commanders saw my potential, mentored me and encouraged me to become a lawyer. Helped me enter law school. I owe a lot to him.

ALMIRANTE MONTOJO: I see.

Pause.

TENIENTE RIVAS: Senor, that was a disaster in the court room yesterday.

ALMIRANTE MONTOJO: You will figure it out.

TENIENTE RIVAS: I bumped into Juez Ricafrente outside the courthouse yesterday Senor. He discreetly gave me some advice. He said that cross examination of Marinero Rojas was a disaster for us. And we have a dead witness.

ALMIRANTE MONTOJO: It is a setback but we need to move on. I believe in your skills Teniente.

TENIENTE RIVAS: You seem to have more faith in me.

ALMIRANTE MONTOJO: You were holding your own against Fiscal Sanchez. Don't sell yourself short.

TENIENTE RIVAS: Anyway he said he knew my late father when he was starting out. He said he also knew you from the Naval School in Cadiz many years ago.

ALMIRANTE MONTOJO: I recall him from way back, but except for a brief interaction that’s all I remember. As for your late father, well he was the Chief Military Lawyer, so everyone knew him by reputation, including me.

Teniente Rivas has to ask the question he dreads the most.

TENIENTE RIVAS: He also suggested that you should consider a guilty plea so we could plea bargain a lesser sentence.

ALMIRANTE MONTOJO: Maldicion! No! I would never do that!

Long pause. He cools down a bit.

ALMIRANTE MONTOJO: Not even if it means they find me guilty and execute me. We have talked about this.

A bit of an uncomfortable pause.

TENIENTE RIVAS: Senor, actually Juez Ricafrente jokingly suggested that Admiral Dewey, if he testifies in your behalf, might be the only man who could save you from a guilty verdict.

Almirante Montojo’s face suddenly lights up with a smile as if he suddenly found a winning lottery ticket! He leans in closer.

ALMIRANTE MONTOJO: What? Is that even remotely possible?

TENIENTE RIVAS: I do not know Senor. I have never heard of an enemy Commander testifying on behalf of his opponent in a court martial.

Rivas puts some milk and sugar in his tea. Almirante Montojo is deep in thought, and looks at something in the distance. He looks intrigued. Suddenly…

ALMIRANTE MONTOJO: I like the idea. I want you to do it. Send a letter from me to Admiral Dewey.

Rivas sips his tea and takes a piece of bread and butters it with his knife.

TENIENTE RIVAS: This is an unusual defense strategy Senor. I mean I like the idea too, but frankly, well no one has done it Senor. It sounds like a desperate plan Senor.

ALMIRANTE MONTOJO: Don’t worry about that. How do you think battles are won? Come with me.

They both stand up and exit. Lights fade.

SCENE 23

ADMIRAL DEWEY, 60s, is stocky but every inch a warrior officer. He is in his ship’s cabin, writing something on his desk, in his service whites. Suddenly his JUNIOR OFFICER, 30s, enters.

ADMIRAL DEWEY: Any updates from the field?

JUNIOR OFFICER: Sir the Filipinos under Emilio Aguinaldo have surrounded Manila and are poised to strike the Spanish forces.

ADMIRAL DEWEY: Cable Washington. We need their guidance.

JUNIOR OFFICER: Aye aye sir. (pause) Do you think sir we will be going to war against the Filipinos?

ADMIRAL DEWEY: I don’t know. We just follow what they order us to do. That’s President McKinley’s call.

Admiral Dewey looks out the port hole.

ADMIRAL DEWEY: The Filipinos have fought well despite their limited arms. I even gave their fledgling Navy a captured pinnace boat.

The Junior Officer is going through a pile of letters when he sees a surprising envelope.

JUNIOR OFFICER: Sir you won’t believe this.

ADMIRAL DEWEY: Try me.

JUNIOR OFFICER: Well uh. Remember Spanish Almirante Montojo sir?

With an unmistakable look of curiosity, Dewey rises from his seat, walks toward his subordinate.

ADMIRAL DEWEY: Of course. I sank most of his ships. The ones I didn’t, he scuttled himself. His ships are now at the bottom of Manila Bay. Why do you ask?

JUNIOR OFFICER: Sir, he is asking, through this translated telegram, if you could send a letter on his behalf defending his actions that day in May at Manila Bay.

That strikes Admiral Dewey as an odd request.

ADMIRAL DEWEY: What! Give that to me.

The Junior Officer hands over the telegram to Admiral Dewey. Dewey looks surprised, and reads it.

ALMIRANTE MONTOJO (V.O.): To His Excellency Rear Admiral Dewey: My dear Sir. With all my consideration and special respect, I present my earnest thanks for the amiable reply which you took occasion to send to my letter in your communication of the 24th ultimo, regretting also that the circumstances in which we find ourselves do not permit me to convey my feelings by conversation.

SPOTLIGHT on Almirante Montojo standing and thinking about what to dictate to Teniente Rivas who is seated with a pen and paper on another part of the stage.

ALMIRANTE MONTOJO: Being called to Madrid to make answer to the charges which may be made against me, I have to defend myself from the calumny which may be raised against me; for this purpose it would be of greatest utility and much force if I were able to offer the highly valuable testimony of the authorized opinion of yourself, the distinguished Commander-in-Chief of the Squadron which I had the honor of engaging.

TENIENTE RIVAS: What else should I write Almirante?

ALMIRANTE MONTOJO: I know that my temerity in making this request of you is very great; but invoking the fact that we belong to the same profession and remembering that you have more than once had the kindness to praise my conduct I force myself to believe that this will be well received.

Rivas scribbles what Almirante Montojo has dictated.

ALMIRANTE MONTOJO: How it it so far?

TENIENTE RIVAS: So far it sounds fine Almirante.

Admiral Dewey is reading aloud Almirante Montojo’s letter.

ADMIRAL DEWEY: The affair has an immense importance for me since it is closely related to my honor and personal reputation. For my part after begging your pardon a thousand times for the liberty which I am taking I hope that you will kindly grant my request for which your faithful servant will be eternally grateful. Signed, Patricio Montojo.

Dewey seems overcome with the letter he just read. Nothing in his career in the Navy has prepared him for something like this.

ADMIRAL DEWEY: Where did this letter come from? Is this a joke?

JUNIOR OFFICER: No sir. It arrived via diplomatic pouch at our Embassy in Madrid. I believe it is truly from Almirante Montojo sir.

Dewey takes the letter with him and looks out the window. He then reads the letter again.

ADMIRAL DEWEY: I’m not inclined to grant his request. I’ve never heard of an instance where an enemy commander said something good about his opponent, especially someone he came across in the heat of battle.

JUNIOR OFFICER: Not something we see often sir.

ADMIRAL DEWEY: True. However, Almirante Montojo was probably just a victim of Madrid’s shortcomings and maladministration. Despite his wooden ships, he and his men displayed gallantry that day, in my opinion.

JUNIOR OFFICER: Do you think he did all he could sir?

ADMIRAL DEWEY: I don’t know. Only he can say that.

He pauses a bit.

ADMIRAL DEWEY: However, maybe there is a reason we don’t know about, so I’ll give him the benefit of the doubt.

JUNIOR OFFICER: Aye sir. But they did ask us to stage a mock surrender of Manila a few weeks later. Just to save face sir.

ADMIRAL DEWEY: But we still killed a few of their men. Some of our gunners didn't know it was a mock surrender and scored direct hits on their Fort San Antonio Abad.

The junior officer fixes some papers on his desk briefly.

JUNIOR OFFICER: So what do you think sir? A Naval Academy code perhaps?

ADMIRAL DEWEY: I didn’t say I will help him. Well the Naval Academy. Norwich Military School. My childhood days in Montpelier Vermont. We need to do what's right and fair.

Admiral Dewey looks out the port hole.

ADMIRAL DEWEY: I'm not sure yet. Let me think about it and discuss it with Navy Secretary Long. I’m not sure I can even do this but it is interesting to think about.

JUNIOR OFFICER: By the way just my opinion. I think whatever path you choose, I’m sure it will be the right thing sir.

ADMIRAL DEWEY: Thank you for bringing this matter up.

The Junior Officer salutes, and Dewey returns it. Dewey sits down, and reads the letter again.

He leans back in his seat to reminisce about that day of 1 May 1898 in Manila Bay.

Lights fade.

SCENE 24

Teniente Rivas enters, and sees a familiar figure whom the audience does not see yet.

TENIENTE RIVAS: Oh Senor! I am so glad to bump into you here. I am currently defending Almirante Montojo. I've never really had the chance to thank you for mentoring me in the Army and helping me become a lawyer. I remember you told me once that I reminded you of your long lost son.

That familiar figure turns out to be...

MINISTRO SANTANDER: Teniente Rivas! Yes I am glad to see you. I'm not pleased by our choice of a client, but it is good to see that I have mentored a passionate lawyer. Anyway I have to run off. It was nice to see you too.

TENIENTE RIVAS: I hope to see you again Senor.

MINISTRO SANTANDER: You too Teniente.

Rivas salutes then exits. The Soldier enters and approaches Santander for instructions.

MINISTRO SANTANDER: Keep an eye on him.

The Soldier nods, then exits.

SCENE 25

Teniente Rivas enters. He is walking home and seems uneasy. He keeps looking back. Then he decides to shrug it off and walk home.

The Soldier enters and is ominously revealed, following Rivas home. Dark unlit areas of the street obstruct a full view of his face.

He exits. We hear the sound of a commotion. Lights fade.

SCENE 26

Almirante Montojo and Teniente Rivas are waiting for the verdict to be read. In the opposite end is the Fiscal. The judges have not yet entered.

Rivas leans in towards Almirante Montojo.

ALMIRANTE MONTOJO: I feel confident Teniente. I think they will decide in our favor.

TENIENTE RIVAS: Let's hope so Senor. By the way, there was a commotion when I was walking home last night--

He cuts the thought. The judges suddenly enter and take their places. They look somber.

JUEZ CASTANEDA: Almirante Montojo and counsel, please rise.

Rivas and Almirante Montojo rise from their seats. Tension is painted on their faces.

JUEZ CASTANEDA: Almirante, do you have any last words for the court?

Almirante Montojo looks at Rivas. Rivas nods. This is their final pitch to the judges. They better make it count.

ALMIRANTE MONTOJO: Si Senor. It remains only to say that all the chiefs, officers, engineers, quarter masters, gunners, sailors, and soldiers rivaled one another in sustaining with honor the good name of the Navy on this sad day.

Almirante Montojo falters slightly. His voice breaks.

ALMIRANTE MONTOJO: Our casualties, including those of the arsenal, amounted to 381 men killed and wounded.

Almirante Montojo and Rivas remain standing. Teniente Rivas seems resigned to whatever the verdict will be but Almirante Montojo still looks hopeful.

JUEZ CASTANEDA: Will the defendant and his defense counsel please stand at attention?

Both Almirante Montojo and Rivas stand coldly at attention to await the sentence. Juez Castaneda looks at the other judges, then at the defendant and counsel.

JUEZ CASTANEDA: On the indictment of dereliction of duty and conduct unbecoming brought forth by this court martial tribunal, the members find the defendant guilty.

Rivas and Almirante Montojo flinch.

JUEZ CASTANEDA: The defendant is to be placed in military custody immediately until sentencing is announced next week. This court is adjourned.

Juez Castaneda bangs the gavel. The judges quickly rise and file out of the courtroom as if doing a duty they detest. Almirante Montojo and Rivas both look ashen.

Almirante Montojo drops to his chair. The wind is knocked out of him. His family approaches with worry on their faces.

The Fiscal approaches Rivas to privately confer with him.

FISCAL SANCHEZ: Your client should have pleaded guilty. There was no way that this defeat could simply be overlooked.

TENIENTE RIVAS: I understand Fiscal. It was my call Senor.

FISCAL SANCHEZ: Just my job sorry. Like I said we may be seeking the death penalty at sentencing. Don’t say I did not warn you Teniente.

The Fiscal taps Rivas on the shoulder and walks away.

Almirante Montojo is being comforted by Lucrezia and Eugenio. He looks like a broken man. The Spanish military police take him into custody and lead him out of the courthouse into the jail.

Finally Lucrezia Montojo breaks down. Eugenio comforts her.

Rivas approaches the family.

TENIENTE RIVAS: I will file an appeal. This is not over yet. We will file an appeal.

EUGENIO MONTOJO: Gracias Teniente. Let’s pray that your appeal can save my father from execution.

Lights fade.

SCENE 27

A young boy enters and runs around the stage to tell everyone what he has heard. There are some bystanders onstage.

YOUNG BOY: Almirante Montojo is guilty!

Several bystanders react.

BYSTANDER 1: Serves him right!

BYSTANDER 2: Our Empire is gone because of that Almirante Montojo! Let him rot in jail for all I care!

The young boy continues to run and tell the people in the distance what he has heard.

SCENE 28

The Spanish military police enter with Almirante Montojo to place him inside a jail cell.

No words are spoken. Almirante Montojo looks around. He looks out the window. He tries lying down on the bed. He holds the cold metal bars of the jail cell. While grasping the metal bars with both his hands, he bows down with his eyes shut.

SPOTLIGHT on Spanish sailors corpses lined up on the ground. SPOTLIGHT on a revolutionary soldier holding a Philippine flag.

His forehead touches the cold steel bars.

Only then does it dawn on him. His world has totally collapsed. The once proud Almirante Montojo is no more. He breaks down totally, falls down on one knee, and weeps uncontrollably.

Suddenly he hears footsteps. Admirals do not weep before lieutenants, and so he hurriedly wipes his tears and composes himself. Rivas enters. Almirante Montojo stands up.

TENIENTE RIVAS: Almirante, just hang on. I am planning to file our appeal.

ALMIRANTE MONTOJO: Gracias Teniente. Is there a new development? Has Admiral Dewey replied to my letter?

Teniente Rivas hesitates.

TENIENTE RIVAS: Unfortunately he hasn’t replied yet Senor.

Almirante Montojo turns around and paces back and forth around his cell.

ALMIRANTE MONTOJO: What will be the basis of our appeal?

TENIENTE RIVAS: Uhh, I’m still strategizing it Senor.

Almirante Montojo is dejected. He sits down like a man who has lost all hope.

ALMIRANTE MONTOJO: Then we have nothing. Maybe it is time to give up. Maybe this is a lost cause.

It is here where they switch roles. Whereas before Almirante Montojo would never give up, now he appears ready to do so. The opposite is true of Teniente Rivas, who is now ready to fight.

TENIENTE RIVAS: Give up? From the man who never gave up against overwhelming odds at Manila Bay? No Senor.

ALMIRANTE MONTOJO: I don't know--

TENIENTE RIVAS: --I’m sure we’ll come up with something Senor.

ALMIRANTE MONTOJO: I appreciate your assistance as my lawyer. But don’t you understand? It’s over! My men are dead! I deserve this. Even death maybe.

This mood is new for Rivas. He thinks how to handle it.

TENIENTE RIVAS: Almirante don’t give up now. I’m sure something will turn up.

ALMIRANTE MONTOJO: I don’t know Teniente.

TENIENTE RIVAS: You survived Manila Bay. I’m sure we will find a way. You fought against a superior force. No one can take that away from you Senor.

ALMIRANTE MONTOJO: Teniente I am getting nightmares from those men I’ve lost. Weird dreams haunt me.

Rivas just acknowledges that with a nod.

ALMIRANTE MONTOJO: Maybe it was foolish for us to expect that my foe Admiral Dewey would be so kind as to grant my request. Maybe this is it.

Almirante Montojo grabs the steel bars, and shakes his head.

ALMIRANTE MONTOJO: I’m sorry you had to be dragged into this. Should we have just taken the plea? My wife seemed to think so.

TENIENTE RIVAS: Senor everyone including my boss, my future father in law and fiancée asked me not to take this case. Everyone. But I took it.

ALMIRANTE MONTOJO: Gracias. But as you--

TENIENTE RIVAS: --When you were at Manila Bay Senor, was running from the Americans an option for you?

The fight is back.

ALMIRANTE MONTOJO: No it was not. Never!

TENIENTE RIVAS: Well Senor, whether we should have taken the plea or not is really moot.

He lets that sink in.

TENIENTE RIVAS: The only question now is, will we fight this with an appeal? I think we can win this case Almirante. Just give it a chance Senor.

Almirante Montojo stares into the distance. Doubtful. Mixed feelings. Long pause.

ALMIRANTE MONTOJO: Alright Teniente. Let’s give it a try.

ALMIRANTE MONTOJO: Okay Senor. Gracias.

Rivas salutes Almirante Montojo who returns his salute. Teniente Rivas leaves Montojo, who has become a shadow of his former self.

SCENE 29

Rivas and Evita are having dinner at her house. The house is a mansion. SENORA MALLORCA, 40s, is fussing over her future son-in-law. JAVIER MALLORCA, 50s, is a conservative politician of the Spanish Cortes parliament. The four are seated at the table.

JAVIER MALLORCA: Teniente, you are truly shaping up to be a fine lawyer like your late father. Did I ever tell you I crossed paths with him once?

TENIENTE RIVAS: Not yet Senor. And thanks for the compliment.

JAVIER MALLORCA: I had an Army officer who was a bit too harsh in his interrogation methods with our prisoners in Cuba. I tended to agree with my officer, but your father, well he was a stickler for the law and for rights. So my officer went to jail.

TENIENTE RIVAS: Si Senor. He taught me to revere the law. That every man has value in the world. And that the law is what holds our society together.

JAVIER MALLORCA: Anyway I am not a lawyer. And I know how you lawyers treat this sort of thing.

Javier pauses. Purses his lips first.

JAVIER MALLORCA: Now don't get me wrong with what I am about to say.

TENIENTE RIVAS: What is it Senor?

JAVIER MALLORCA: Look aren’t you glad this sordid affair with Almirante Montojo is done? That cross examination of Marinero Rojas by Fiscal Sanchez nailed it. At least you can move on.

Evita knows how Rivas will react. She holds his hand. Rivas tenses up a bit. He lowers his spoon.

TENIENTE RIVAS: Senor I hope you understand. I am still Almirante Montojo’s lawyer. I will need to file an appeal.

Javier Mallorca doesn't like what he hears. He tenses up.

JAVIER MALLORCA: Ladies, will you excuse us. I think I need to have a man to man discussion with Teniente Rivas.

Evita and her mother acknowledge the request and head towards the kitchen. Both men wait for the two ladies to leave the dining area.

JAVIER MALLORCA: Teniente, I like you personally. But I do not like how your client, Almirante Montojo, acted in battle. Personally I am offended that you will proceed with this appeal!

TENIENTE RIVAS: I'm sorry to hear that Senor.

JAVIER MALLORCA: Did Evita tell you that I asked her to break off her engagement with you?

TENIENTE RIVAS: She did Senor. Many times.

Javier shakes his head. He decides to avoid a confrontation by grabbing a bottle of Spanish brandy on the nearby cabinet and two glasses.

JAVIER MALLORCA: Brandy de Jerez?

TENIENTE RIVAS: Si. Gracias Senor.

Javier pours the brandy and hands one glass to Rivas.

JAVIER MALLORCA: The French have nothing on the Solera system of Spanish brandy making, don't you agree?

TENIENTE RIVAS: Of course Senor.

Javier smiles. He sips his brandy.

JAVIER MALLORCA: A love of Espana and all things we have. I know you will make a good future son in law.

TENIENTE RIVAS: I'm glad you feel that way Senor.

JAVIER MALLORCA: But proceeding on this path will just make you more unpopular in Madrid! So I am appealing to you, for the sake of my daughter. Please drop this thing with Almirante Montojo. He has been found guilty. Let it be!

Javier looks at Rivas. For a moment, Rivas is a bit unsure how to respond to his future father-in-law. He sets his brandy glass on the table.

TENIENTE RIVAS: That is something I cannot do Senor. I am Almirante Montojo’s lawyer, and I still need to defend and get what is best for my client, no matter what the circumstances. The political implications of what I am doing are beyond me.

Javier Mallorca stands up. His blood pressure starts to rise.

JAVIER MALLORCA: You dare oppose me with this favor I am asking and you want to marry my daughter?

Teniente Rivas knows he is on thin ice and tries to tread carefully.

TENIENTE RIVAS: Senor, I dare not oppose you. I love your daughter very much. But I have sworn to defend Almirante Montojo. I must proceed with the appeal Senor.

He fails. Javier Mallorca finishes his brandy and looks at his future son in law.

JAVIER MALLORCA: Teniente! This is totally unacceptable! If you continue on this path I will have to ask you to leave my house and break off with my daughter!

TENIENTE RIVAS: Senor you misunderstand me--

JAVIER MALLORCA: --I will not stand here while someone defends the man who lost Espana’s empire!

He starts to breathe heavily. Suddenly Javier’s clutches his chest as it tightens up.

TENIENTE RIVAS: Senor are you okay? Evita! Senora Mallorca! Please come quick.

Javier sits down. He waves everyone aside. Senora Mallorca and Evita loosen his tight collar and sleeves.

SENORA MALLORCA: Perhaps you should go. He may have had a mild recurrence of his chest pain.

JAVIER MALLORCA: Get out of my house!

EVITA MALLORCA: Papa I will talk to him. (To Teniente Rivas) Perhaps you should go. He will be okay. He just needs to rest.

TENIENTE RIVAS: Apologies Senor. I shall take my leave.

Javier waves him off in disgust, as he is tended to by Senora Mallorca. Rivas and Evita exit. Lights fade.

SPOTLIGHT on Rivas and Evita.

EVITA MALLORCA: I’m sorry about that but I did tell you that was a sticky point with my father.

TENIENTE RIVAS: Don’t you want me to be a good lawyer for our future?

Evita leaves the question unanswered.

TENIENTE RIVAS: You didn’t answer my question Evita.

No reply.

TENIENTE RIVAS: You’re not happy about what I am doing?

EVITA MALLORCA: Is being a lawyer more important to you than me?

Rivas tries to pulls her gently towards him in an embrace. But Evita pulls away. Disgusted.

TENIENTE RIVAS: That’s an unfair question. Te amo mucho. But I would like to be the best lawyer I can be. Since I am defending Almirante Montojo, I would like to give him the best defense he can get.

EVITA MALLORCA: But he has already been judged guilty by the court! Didn’t you see how Fiscal Sanchez demolished your witness?

TENIENTE RIVAS: Look Evita, I will appeal the decision. I’m not supposed to tell you this but we might be able to get some help from an unexpected source.

EVITA MALLORCA: Help? From who? Everyone in Madrid wants Almirante Montojo behind bars. And this is why I wish you would stop this nonsense!

She stops.

EVITA MALLORCA: I’m starting to think my father is right.

TENIENTE RIVAS: I can’t tell you just yet. Anyway you will just have to trust me. I might still be able to pull an ace out my sleeve.

Evita folds her arms across her chest.

EVITA MALLORCA: I don’t know. I feel your work is more important to you than me. Than us!

TENIENTE RIVAS: No of course not!

Rivas tries to pull Evita gently towards him again but she pulls away.

EVITA MALLORCA: Maybe we should call off the engagement until you’ve thought carefully about what is important to you. Your work, or me.

TENIENTE RIVAS: Please don’t do this. Te amo! You know that.

EVITA MALLORCA: No, I think you should really decide first what is important to you. Your defense of Almirante Montojo is a lost cause. Give it up, or give me up!

Rivas is speechless.

EVITA MALLORCA: I won’t play second fiddle to your work as a lawyer.

Evita REMOVES THE ENGAGEMENT RING from her finger and returns it to Rivas.

EVITA MALLORCA: Give this ring to your Almirante Montojo! Maybe it will fit his finger better than mine!

Evita leaves fuming. Rivas with head bowed, looks at the engagement ring. Lights fade.

SCENE 30

Teniente Rivas is in his house. He holds Evita’s framed photo in his hand and looks at it with deep thought.

He looks at the appeal documents, and lowers her photo on the table. He picks up a quill and dips in in the inkwell, but then changes his mind and lowers it, and picks up her photo again to study it.

He cannot make up his mind about working on the appeal, or thinking about Evita. He buries his face in his palms in sorrow.

Anguish is painted all over Rivas face. This has been a major mistake. The biggest mistake of his life.

He stares at his desk with all the case papers. It is hopeless. Everything is at a standstill except for the sound of a ticking clock.

Suddenly a messenger arrives, bearing a letter. He rings the doorbell. Rivas hears the doorbell. It breaks his stupor.

TENIENTE RIVAS: Who is it?

MAILMAN: Letter Senor.

TENIENTE RIVAS: From who?

MAILMAN: From Admiral Dewey Senor.

Rivas is startled and runs to the door. Rivas opens the door, gets the letter from the mailman. He tears the side of letter envelope to open it. He quickly reads the letter.

His face suddenly changes to a look of pure joy!

MAILMAN: What is that letter Senor?

TENIENTE RIVAS: My client! He is due for sentencing today. I must see the judges immediately!

MAILMAN: Oh, you’re the lawyer for that Almirante Montojo. Well let him hang for all I care. Didn’t he lose the fleet at Manila Bay?

TENIENTE RIVAS: He is innocent!

MAILMAN: Aren’t they all? I have a cousin who died in Manila Bay you know Senor.

TENIENTE RIVAS: Si but look at this letter from Admiral Dewey.

The mailman reads it then his face changes.

MAILMAN: You should hurry Senor. I believe there is something going on in the Court today.

Teniente Rivas thinks.

TENIENTE RIVAS: The sentencing! I forgot!

He quickly grabs his jacket, and exits. Lights fade.

SCENE 31

The Sentry sees Rivas is about to enter the courtroom where there is a trial in session.

SENTRY: Stop Senor! You can’t go in there! There is another court martial ongoing.

Rivas followed by the Sentry barge into the courtroom, where the trial in session is suddenly disturbed.

JUEZ CASTANEDA: What is going on here! Counselor! I can have you disciplined and dismissed from the service and disbarred for this!

The Sentry looks like a wounded puppy behind Rivas.

SENTRY: I tried to stop him Senor.

TENIENTE RIVAS: Your Honor, my apologies. I would not barge in here, if this was not of the highest importance.

Rivas pulls out the letter of Admiral Dewey from his breast pocket.

TENIENTE RIVAS: May I give you this letter from Admiral Dewey? May I approach the bench your Honor?

Juez Castaneda and the others realize this could be material evidence. There is a brief moment where they all look at each other.

JUEZ CASTANEDA: Well since you have disrupted the proceedings of this honorable court, I will have to declare a recess. For this trial, will resume our session later. In the meantime, please clear the courtroom.

Castaneda bangs the gavel. The courtroom is cleared.

The military officers look menacingly at the lawyer, except for Juez Ricafrente who gave him the advice earlier. Ricafrente looks impressed with the young Rivas.

JUEZ CANCIO: I must object to this lawyer’s stunt. I do not see the value of this letter. Even if it were true, we have already rendered our judgment. Our ships are at the bottom of Manila Bay because of this Admiral Dewey!

JUEZ CASTANEDA: Juez Cancio, your objection is noted. But I would like to see the letter from Admiral Dewey.

JUEZ RICAFRENTE: I would like to see it as well.

Juez Cancio shakes his head.

JUEZ CASTANEDA: You may approach. Let us see that letter.

Rivas approaches and hands over the letter. The judges read it, and pass the letter to each other.

JUEZ CASTANEDA: This, I must say is highly unusual Counselor. Have you ever heard of an enemy military officer testifying on behalf of his opponent?

TENIENTE RIVAS: I must admit your Honor that before today, I had not. But I would not be surprised. Maybe it is because we are on different sides. But we are all part of a brotherhood.

JUEZ CANCIO: I have never heard anything so foolish in my entire life!

JUEZ RICAFRENTE: Let him finish his statement. Proceed Teniente.

TENIENTE RIVAS: Can you imagine if warriors went out of their way to exterminate their opponent even when that opponent has surrendered? If all soldiers employed treachery and simply did away with all these gentlemanly codes of conduct, that would be a barbaric world.

JUEZ CASTANEDA: Inspiring words Counselor. Give us a moment and wait outside while we discuss this unusual letter from Admiral Dewey.

The Sentry, the Fiscal, and Teniente Rivas exit. The three judges have a tense discussion.

JUEZ CASTANEDA: As you know I am the lead judge of this three man panel, but in this deliberation we all have an equal vote. Anyway gentlemen, how do we fix this mess?

JUEZ CANCIO: What mess? There is nothing to fix Juez Castaneda. The verdict of guilty is fine as it stands. I hope you are not seriously thinking about overturning it?

JUEZ CASTANEDA: I did not say I am. But I must admit, the thought has crossed my mind.

JUEZ CANCIO: Well as far as I am concerned, we rendered a verdict based on the facts. Someone had to be found guilty for the loss at Manila Bay.

Juez Ricafrente appears disturbed.

JUEZ RICAFRENTE: Had to be found guilty? Juez Cancio does that not sound unfair? That we were simply looking for a scapegoat?

JUEZ CANCIO: Still he surrendered.

JUEZ RICAFRENTE: But wasn’t it clear from the letters that Almirante Montojo sent many requests for assistance for various materiel he needed to defend his forces in the Philippines?

JUEZ CASTANEDA: I am actually leaning along those lines Juez Ricafrente. That in our zeal to find someone to blame for the Disaster in Manila Bay, we took one of our finest officers and pronounced him guilty.

Juez Cancio is displeased and redirects.

JUEZ CANCIO: Why do we put value into this letter that our foe Admiral Dewey wrote on his behalf?

JUEZ CASTANEDA: It is valid testimony.

JUEZ CANCIO: But should we admit it? As far as I am concerned before 1 May 1898, we were a world power. Now, what are we? Our society is in shock. Our poets, our writers, everyone, do not know what to do about our loss of empire.

JUEZ RICAFRENTE: Si, but we are not talking about geopolitics here. We are lawyers.

Juez Castaneda increasingly nods his head.

JUEZ CASTANEDA: Didn’t Admiral Cervera, who headed our ships in the Caribbean, say this war could cause the total ruin of Espana, that we were simply trying to defend a romantic ideal?

JUEZ CANCIO: Our Empire is not just a romantic ideal!

JUEZ RICAFRENTE: The Filipinos. They’ve been wanting to be free for a long time. I heard they just raised their flag and declared independence.

SPOTLIGHT on one of the young men (or women) in Almirante Montojo's dreams waving the Philippine flag.

JUEZ RICAFRENTE: Juez Castaneda, I propose we overturn the verdict against Almirante Montojo. I know this is highly unusual, but after reading this letter from Admiral Dewey, I cannot in conscience continue with the guilty verdict.

JUEZ CANCIO: You are making a big mistake Juez Ricafrente. There will be repercussions here in Madrid to your proposal. I strongly suggest you withdraw it.

JUEZ RICAFRENTE: I will not.

JUEZ CANCIO: What? Juez Castaneda, do you not think this is an unwise proposal?

Juez Castaneda does not answer and looks deep in thought.

JUEZ RICAFRENTE: Juez Castaneda?

Castaneda looks out the window. He then turns back to face the judges.

JUEZ CASTANEDA: You know this young lawyer Teniente Rivas? He could have been easily one of us when we were his age.

Castaneda sighs. He shakes his head. Then turns to the other judges.

JUEZ CASTANEDA: In good conscience I cannot keep Almirante Montojo in jail with this letter from Admiral Dewey. I really cannot.

Juez Cancio stands up, and BANGS the table with his clenched fist loudly.

JUEZ CANCIO: You are both insane! Both your careers will be put in the freezer! The higher ups here in Madrid want Almirante Montojo at the very least in jail! We have lost our empire! What else do you want?

JUEZ CASTANEDA: Juez Cancio, I am not getting any younger. I want to see justice done.

He looks outside the window and sees Teniente Rivas waiting.

JUEZ CASTANEDA: I say we overturn the guilty verdict. Maybe release Almirante Montojo from the Navy. But to put him in jail with a guilty verdict to tarnish his record? No, I will not go for that.

JUEZ CANCIO: For heaven's sake. Don't do this.

JUEZ RICAFRENTE: I agree with what Admiral Dewey said in his letter. Almirante Montojo did the best that he could given the circumstances and limitations of what he had.

JUEZ CANCIO: I already went along with the original suggestion to set aside the death penalty and just sentence him to life in prison. Now you want to set that aside so you can set him free?

JUEZ RICAFRENTE: It is the right thing to do.

JUEZ CANCIO: You two are insane! Madrid will not let you off easily because of this. I vote against it. Take your chances. There will be hell to pay Senor.

Juez Cancio looks displeased. His arms are folded across his chest, and his face cannot hide his disgust.

JUEZ CASTANEDA: Sentry, please call Teniente Rivas and Fiscal Sanchez back in!

Rivas enters with the Sentry.

JUEZ CASTANEDA: Sit down Teniente Rivas. Please read aloud the letter that Admiral Dewey gave in defense of Almirante Montojo.

Rivas takes his seat. He picks up the letter placed on his desk.

TENIENTE RIVAS: My dear Sir: It gives me pleasure, replying to your letter of the 26th instant, to record my testimony in favor of a gallant foe.

SPOTLIGHT on Admiral Dewey dictating a letter to his Junior Officer on another part of the stage. The Junior Officer is writing the letter.

ADMIRAL DEWEY: Your statement as to the probability of greater loss of life in a deep bay like that of Subic than in shoal water as at Cavite, appears to me to be incontrovertible.

JUNIOR OFFICER: That sounds good sir. Go on.

ADMIRAL DEWEY: Although without accurate knowledge as to the condition of your ships, I have no hesitation in saying to you what I have already had the honor to report to my government, that your defense at Cavite was gallant in the extreme.

The Junior Officer continues to scribble.

ADMIRAL DEWEY: The fighting of your flagship, which was singled out for attack, was especially worthy of a place in the traditions of valor of your nation.

The Junior Officer nods his head. SPOTLIGHT off.

Teniente Rivas resumes reading Admiral Dewey’s letter of defense for his client.

TENIENTE RIVAS: In conclusion, I beg to assure you that I very much regret that calumnies have been cast at you, and am confident that your honor cannot be dimmed by them. With assurances of my highest consideration. Very sincerely, George Dewey, Rear Admiral, United States Navy

Rivas nervously lays down the letter in front of him carefully and looks at the judges. He is hoping against hope that this final card will be a winner!

JUEZ CANCIO: Juez Castaneda, as I was saying when—-

Juez Castaneda rudely puts a stop to this overt attempt.

JUEZ CASTANEDA:--Juez Cancio, we already discussed this! We’ve decided, and I expect you to hold to our agreement.

Juez Cancio folds his arms across his chest. His disgust is apparent with a frown. His head turns from side to side.

JUEZ CASTANEDA: After careful consideration of that highly unusual letter, we feel that perhaps the judgment of the Court has been too harsh on Almirante Montojo.

Rivas hangs on every word.

JUEZ CASTANEDA: The Court has decided to change the verdict to Not Guilty. He is to be released once the orders are finalized this afternoon. But the court orders Almirante Montojo discharged from the Navy.

Juez Castaneda bangs the gavel. Rivas breathes a sigh of relief.

TENIENTE RIVAS: Gracias your Honors!

Everyone turns to leave. An annoyed Fiscal Sanchez approaches Rivas.

FISCAL SANCHEZ: You were lucky this time Teniente.

TENIENTE RIVAS: Not luck Fiscal. The law Senor. The law.

The Fiscal pauses briefly then suddenly snickers and gives a dismissive wave.

FISCAL SANCHEZ: Haha next time then.

The Fiscal turns around and exits. Lights fade.

SCENE 32

Juez Ricafrente and Teniente Rivas enter from opposite ends. They walk towards each other.

JUEZ RICAFRENTE: Teniente! That was an impressive performance in there.

TENIENTE RIVAS: Gracias Senor.

JUEZ RICAFRENTE: Walk with me.

Both of them walk around the stage while discussing.

JUEZ RICAFRENTE: You know, I was only joking when I said only Admiral Dewey could save him. You are still full of idealism, unlike me. I am just an old man now. Politics and empire, we soldiers are simply used for that.

TENIENTE RIVAS: Gracias Senor. I was simply doing my job as a lawyer.

JUEZ RICAFRENTE: Your client’s release is now being processed, and he will hopefully have dinner tonight with his family.

TENIENTE RIVAS: He will be very glad to hear that Senor.

JUEZ RICAFRENTE: That’s the best we could do. The loss was too great for Espana, so Almirante Montojo will still have to leave the Navy.

TENIENTE RIVAS: I think he is tired of the fighting anyway Senor. Anyway he will be happy I know.

They both stop walking.

TENIENTE RIVAS: At least he did not plead guilty for serving Reina Cristina and Espana.

JUEZ RICAFRENTE: What about your plans Counselor? If a military career is not your cup of tea, let me know. My brother runs the biggest law firm in Madrid. I could put in a good word.

TENIENTE RIVAS: Gracias again Senor. And also for the tip. Even if you only meant it as a joke.

JUEZ RICAFRENTE: You know your words in there put the fire back into all of the officers in there.

A smile is on Rivas's lips.

JUEZ RICAFRENTE: Good luck Teniente Rivas. You are a good lawyer. I can see the passion and talent in you.

Rivas looks at Juez Ricafrente, then executes a snappy salute. Ricafrente returns it.

Lights fade.

SCENE 33

The Sentry unlocks the jail cell of Almirante Montojo. Almirante Montojo walks out towards Lucrezia and Eugenio. They all hug each other.

Suddenly Rivas enters.

TENIENTE RIVAS: Sorry I’m late. I’m glad our appeal worked Senor!

ALMIRANTE MONTOJO: No apologies necessary. I’m free because of you.(To Lucrezia and Eugenio) You go ahead. I will just have a word with Teniente Rivas.

Lucrezia nods. She and Eugenio exit. Almirante Montojo puts his hand on Rivas’s shoulder.

ALMIRANTE MONTOJO: I heard they forced me out of the Navy. But it could have been worse. I have to learn how to become a civilian again.

TENIENTE RIVAS: Si Senor. Without Admiral Dewey’s intercession, the guilty verdict would have stayed. But at least you are free. And without doing a plea bargain as you asked.

ALMIRANTE MONTOJO: I wish the circumstances were different of course, but that is the hand I was dealt with. Anyway my problems are over.

Both Rivas and and a smiling Almirante Montojo exit the courthouse. Lights fade.

SCENE 34

As Rivas and Almirante Montojo enter. Ministro Santander and Juez Cancio stand menacingly in their way.

MINISTRO SANTANDER: A sad day for Espana. This traitor goes free!

Teniente Rivas is puzzled.

TENIENTE RIVAS: Ministro Santander, what are you doing Senor?

Almirante Montojo struggles to remember where he has heard the name.

TENIENTE RIVAS: Almirante, Ministro Santander was my mentor. He treats me like his long lost son. I'm sure this is a misunderstanding.

Santander snickers like a drunk man.

MINISTRO SANTANDER: Loco! My son died at Manila Bay, and your client killed him!

Almirante Montojo suddenly puts the pieces of the puzzle together. In a FIT OF RAGE, he tries to charge Santander to rip his throat out, but Rivas restrains him.

ALMIRANTE MONTOJO: Maldicion! Now I remember. You were the reason we lost at Manila Bay! You withheld our support!

Suddenly, Fiscal Sanchez arrives with the Sentry and some members of the GUARDIA CIVIL (local police).

FISCAL SANCHEZ: Ministro Santander, Juez Cancio, I have a warrant for your arrest for the murder of Marinero Savedra. Please come with us.

MINISTRO SANTANDER: On what grounds?

FISCAL SANCHEZ: Your loyal Soldier? We caught him snooping around Teniente Rivas's apartment. He confessed everything to us. The Guardia Civil just took him into custody.

Rivas's face reveals deep disappointment.

TENIENTE RIVAS: So that was the commotion the other night!

Suddenly, Ministro Santander DRAWS HIS PISTOL and points it at ALMIRANTE MONTOJO--

MINISTRO SANTANDER: I will not be arrested! Don’t you know who I am? This coward killed my son!

--and a MEXICAN STANDOFF results when Fiscal Sanchez draws his own pistol. The Sentry and the Guardia Civil also point their guns towards Santander. Loaded chambers. All fingers on their triggers.

Juez Cancio walks slowly away from Santander with his hands up. Almirante Montojo looks bewildered.

ALMIRANTE MONTOJO: Teniente Santander was your son? (pause) I never made the connection Senor. I wish I could bring him back. But I cannot. I am so sorry for your loss.

FISCAL SANCHEZ: Ministro, I suggest you drop that pistol and come peacefully with us! You have nowhere else to run to.

Tension remains high as Ministro Santander’s pistol is still aimed at Almirante Montojo. His face is a portrait of conflicting emotions.

His pistol hand trembles. Slowly he points the pistol downward. Uncocks the pistol hammer. Kneels on one knee. Lowers the pistol to the ground. Raises his hands.

With guns still drawn, Fiscal Sanchez, the Sentry and the Guardia Civil rush in and quickly tackle both Santander and Cancio to place them under arrest.

The FADED OLD FAMILY PHOTO of Ministro Santander falls from his pocket and drops to the ground. It is accidentally trampled on by the arresting officers. Santander and Cancio are swiftly taken away.

Lucrezia runs to her husband. Almirante Montojo embraces her tightly. Eugenio is also by his side.

LUCREZIA MONTOJO: Never let me go Patricio.

Almirante Montojo hugs his wife. Suddenly Eugenio Montojo sees something and points to it.

EUGENIO MONTOJO: Papa, look!

Entering the stage are the old sailors and officers who survived Manila Bay, some in their tattered uniforms. Some of them are bandaged, crippled or maimed.

Almirante Montojo’s old officers and sailors assemble in a motley formation and stand at attention. They render a salute to their old commander.

Almirante Montojo hesitatingly looks to Eugenio and Rivas as if seeking approval.

ALMIRANTE MONTOJO: I no longer deserve their respect. I’ve let them down.

Rivas looks at the men, then looks at Almirante Montojo.

TENIENTE RIVAS: Whether or not you are still in the Navy, you will always be their Commander Senor.

Almirante Montojo looks at Rivas and his family for a moment. Then he looks at his men, stands at attention, and renders a snappy salute.

Suddenly SPOTLIGHT on a revolutionary soldier with a Philippine flag. Almirante Montojo salutes him too. The revolutionary soldier executes a flag salute. SPOTLIGHT off.

EUGENIO MONTOJO: What was that second salute for Papa?

Almirante Montojo realizes he was the only one who saw the Filipino soldier. He had saluted the Filipino on behalf of Espana.

ALMIRANTE MONTOJO: Nothing hijo. Someone from our past.

Lights fade.

SCENE 35

Ministro Santander, Juez Cancio, and the Soldier are all in the jail cell together. Everyone is caught up in his own thoughts.

Suddenly Ministro Santander puts his hand inside his coat pocket and frantically searches for HIS FAMILY PHOTO. He looks outside through the bars of the jail cell window for the photo he has lost forever.

He extends his arm as far as he can outside the jail cell window as if trying to reach the photo.

He finally gives up. His face is a portrait of deep sadness. Lights fade.

SCENE 36

Rivas is staring at the painting of his late father, the former Spanish Chief Military Lawyer. Evita walks in. They both stare at the painting, afraid of each others gaze.

Evita looks at Rivas, then seems to wait for an opportunity to break the silence.

EVITA MALLORCA: I understand there was a naval lawyer who was able to save his client from a court martial just recently. I heard he was an exceptional lawyer.

Rivas does not look at her. He keeps his eyes on the painting.

TENIENTE RIVAS: Si, I know that lawyer. I have heard good things said about him.

EVITA MALLORCA: If you know this lawyer, can you tell me about him?

Rivas turns to face Evita. Their anxious eyes meet.

TENIENTE RIVAS: Senorita, if you will allow me to take you to lunch, I will tell you about this fine lawyer.

EVITA MALLORCA: Senor, I am engaged you know.

Rivas extends his bent arm to invite her to hold on to it.

TENIENTE RIVAS: I’m sure he will not mind Senorita. But your Papa?

EVITA MALLORCA: He will not mind. Anyway Senor, we will see.

Evita takes hold of Rivas's arm. On the ground, a faded OLD FAMILY PHOTO. Teniente Rivas sees it, picks it up, and puts it in his pocket. They both smile and walk out of the court house together.

Lights fade.

Curtains.

THE END