"May I look this over?" Arthur asked.
"Certainly."
Arthur slowly and carefully read the two pages, and then read them again. "I believe this is the reference," he said.
"Yes, which?"
"Lieutenant Mason is talking to the men, it's this one speech beginning on the bottom of page 21, and carrying over onto page 22. 'I know you men are wondering what we're doing on this godforsaken island,' he says, 'I know that's foremost in your minds especially when intelligence tells us there are thirty-five hundred Japs dug in on this atoll. You're all experienced soldiers and you know that even if we blast them out of their holes here, we've got the next island to take and the next one after that, so what's the use, what are we doing here? I know you're thinking that some of us may die, all of us may die, and for what? For a barren stretch of Japanese real estate in the middle of the Pacific? No. We're here because there's a job to do. It's as simple as that,' " Arthur looked up. "I believe that's the reference," he said.
"To human life being more important than the quarrels of nations?"
"Not in that specific language. I never claimed that identical language was used in the statement of this particular theme. But there are the springboard references here, the touchstones Driscoll used in shaping his theme, the references to death and dying, the references to empires and their holdings, the references to the grim realities of war, the thirty-five hundred Japs holed up on the atoll, and having to be blasted out. All of these add up to a specific similarity of theme, though not of language."
"Thank you. You also testified yesterday, and this too relates to the theme of your play, you testified that Mr. Matthew Jackson at API, in expressing his reaction to Catchpole, said — and again I quote from the record — 'I think they'd be leery of an Army theme that tries to show the stupidity and foolish waste of war.' Mr. Constantine, do you agree with Mr. Jackson's statement? Would you say that your play tries to show the stupidity and foolish waste of war?"
"Yes, it does."
"Would you say that this is also the theme of Mr. Driscoll's novel?"
"It is very definitely his theme. The themes are identical."
"Now would you mind showing me where in your play, which scene or which speech or even which line illustrates this theme, the stupidity and foolish waste of war?"
"The entire play illustrates the theme."
"In what way?"
"The antagonism of the men is stupid, the plot to kill Mason is stupid, the accidental killing of D'Agostino by the psychopathic colonel is stupid, everything that happens from the moment the lieutenant arrives is stupid. And the men finally realize this at the end."
"Where do they realize it?"
"At the very end of the play."
"Find the place for me."
"Certainly. They realize just what we've been talking about, that war is stupid and a foolish waste."
"Please show me where this realization takes place."
"It's here at the end of the play," Arthur said. "Here, it's on page 3-4-36, shortly after D'Agostino is killed and Janus is exposed. The speech is given to one of the minor characters, his name is Franklin. This is what he says: 'Lieutenant, we didn't know what we were doing. You get out here in the middle of nowhere, and you forget what reality is. You're surrounded by so much bugging killing, so much bugging blood, that you forget what's right or wrong. Now Mike is dead, and for what? The real enemy is still out there. We were wrong, lieutenant. We apologize.' This was a very moving scene, as it was done, and it clearly stated the theme of the play."
"Which was what?"
"That war is idiotic."
"Where does it say that?"
"A writer doesn't state his theme that obviously, Mr. Willow. If he did, it would become tract writing, it would become transparent and condescending. I tried to state the theme in human terms, one human expressing himself to another, one human apologizing to another. The man who apologizes for the rest of the squad is a grizzled combat veteran who kills Japanese soldiers the way you or I would brush our teeth in the morning. He comes to the lieutenant and he says in effect that war changes men, makes them lose their sense of reality, wastes their minds and their bodies. He says this in very human and believable terms, but he is nonetheless stating the theme of the play."
"You also testified that the collective reaction of those who had read the play at API was, and I quote, 'that the play was too outspoken, that the United States wasn't ready to take criticism of its armed forces, not when we had just come through a major conflict and also a minor one in Korea.' Do you feel this was a legitimate reason for the rejection of the play?"
"I don't know if it was legitimate or not. I do know that's why the play was rejected."
"Because — and again I quote — 'it was too strong for API to do.' Is that correct?"
"That's what I was told."
"This was when, Mr. Constantine?"
"What do you mean?"
"When were these reactions to the play given to you?"
"In 1952 sometime."
"Mr. Constantine, would you say that From Here to Eternity, which won the Academy Award in 1953, was a strong movie that dealt harshly with the United States Army?"
"I couldn't say. I neither saw the picture nor read the book."
"From what you know of it, Mr. Constantine, would you—?"
"Objection," Brackman said, rising. "Witness has already stated he has no personal knowledge of either the film or the book in question."
"Sustained."
"If I told you that the book and the film were both highly uncomplimentary to the United States Army, would you accept my word for it?" Willow asked.
"Yes, I would."
"Thank you. Why then do you suppose these people at API said the United States wasn't ready to take criticism of its armed forces?"
"I cannot account for the actions of API."
"Is it true, Mr. Constantine, that your play was submitted to API in September of 1947, a month before it was produced on Broadway?"
"That's true."
"Why was it submitted?"
"To try for a preproduction deal."
"Was it rejected at that time?"
"Yes."
"Is it also true that the head of API's story department in New York was invited to the opening night performance of Catchpole on October 14, 1947?"
"I think so, yes."
"Why was he invited?"
"All the movie people were invited. We were trying for a movie sale, of course. That's standard procedure."
"Was an offer made after opening night?"
"No."
"Did you see the reviews of your play Catchpole after it opened?"
"I did."
"I ask you to look at this review from the New York Times of October 15, 1947, and tell me whether it is the one that appeared after the opening of your play." Willow turned to McIntyre. "Your Honor, Mr. Brackman has already agreed that we would not have to prove publication, which would be a simple matter."
"Do you concede publication, Mr. Brackman?" McIntyre asked.
"Yes, of any material that appeared in a magazine or newspaper."
"Please answer the question then, Mr. Constantine."
"Yes, that's the New York Times review of my play," Arthur said.
"I would like to offer it in evidence," Willow said.
"I object to it as irrelevant, your Honor. Whether it praises or faults Mr. Constantine's play, it hardly pertains to the matter of plagiarism."
"Why are you offering it, Mr. Willow?"