CHAPTER VIII.

ARREST AND TRIAL OF THE REFORMERS.

About half of the members of the Reform Committee were arrested and

taken through to Pretoria on the night of the 9th. Others were

arrested at various times during the evening and night, were detained

in the lock-up at Johannesburg as ordinary felons, and escorted to

the Pretoria gaol on the following morning. The scene on their

arrival at Pretoria railway station and during their march to the

gaol was not creditable to the Boers. A howling mob surrounded the

prisoners, hustling them, striking them, and hurling abuse at them

incessantly. The mounted burghers acting as an escort forced their

horses at the unfortunate men on foot, jostling them and threatening

to ride them down. One of the prisoners, a man close on sixty years

of age, was thrown by an excited patriot and kicked and trampled on

before he was rescued by some of his comrades.

Once within the gaol, the men were searched and locked up in the

cells, and treated exactly as black or white felons of the lowest

description. In many cases four or five men were incarcerated in

single cells 9 feet long by 5 feet 6 inches wide, with one small

grating for ventilation. At night they were obliged to lie on the mud

floor, or in some cases on filthy straw mattresses left in the cells

by former occupants. No provision was made by which they could obtain

blankets or other covering--indeed at first it was not necessary, as

the overcrowding and lack of ventilation very nearly resulted in

asphyxiation. With an inhumanity almost incredible, in one instance

one of the prisoners, suffering from fever and dysentery, was locked

up for twelve hours with four others in such a cell without any

sanitary provisions whatever. Friends in Pretoria induced the

authorities, by means not unpopular in that place, to admit a better

class of food than that allowed to the ordinary prisoners; and it is

stated that the first meal enjoyed by the Reformers cost close upon

£100 for introduction. Day by day fresh concessions were obtained in

a similar manner, with the result that before long the prisoners were

allowed to have their own clothing and beds and such food as they

chose to order. Nothing however could alter the indescribable

sanitary conditions, nor compensate for the fact that the cells

occupied by these men were in many cases swarming with vermin.

The climate in Pretoria in January is almost tropical, and the

sufferings of many of the older and less robust men under such

circumstances were very considerable. On the eleventh day of

incarceration the majority of the prisoners were let out on bail of

£2,000 each; in the cases of two or three bail of £4,000 each was

required; but bail was refused to Colonel Rhodes, Messrs. Phillips,

Farrar, Hammond (the signatories to the letter), and J.P.

FitzPatrick, the secretary of the Reform Committee. These five

continued to occupy the undesirable premises for four weeks more, at

the end of which time, owing to the serious effect upon their health

which imprisonment under these conditions had produced, and owing to

the repeated representations within the Transvaal and from the

British Government as well, an alteration was made under somewhat

novel conditions.

It was notified to the public that the Government had graciously

consented to admit the prisoners to bail. The terms, however, were

not at the time publicly announced. First and foremost it was

required of them that they should deposit £10,000 in sovereigns each

as security that they would not break the conditions of their altered

imprisonment. They were to reside in a cottage in Pretoria under

strong guard, and they were to pay the whole of the costs of their

detention, including the salary and living expenses of the officer

and guard placed over them. The cost, including interest upon the

money deposited, was upwards of £1,000 a month.

The preliminary examination into the charges against the Reformers

began on February 3, and lasted about a month. It resulted in the

committal for trial, on the charge of high treason, of all those

arrested. The Imperial Government having decided to send a

representative to watch the trial on behalf of the British, American

and Belgian subjects, Mr. J. Rose Innes, Q.C., the leader of the Bar

in Cape Colony, attended on their behalf. It was intimated to the

Transvaal Government that Mr. Innes would represent the Imperial

Government; but objection was made to this on the grounds that he had

been admitted to the Pretoria Bar during the British administration,

and had failed to comply with a subsequent rule of Court which

required some sort of registration; and permission was refused to him

to address the Court. The objection was maintained, and Mr. Innes was

obliged to limit his participation in the affair to sitting at the

counsels' table and consulting and advising with the Pretoria

barristers employed to defend the prisoners.

The examination was, as Dr. Coster the State Attorney announced, of

the nature of a fishing examination, and he claimed to be permitted

to conduct it in a manner which, he alleged, is popular in Holland,

but which is entirely unknown in the Transvaal, and certainly does

not obtain in any British possession. The chief feature of this

system appears to be a total disregard of the rules applying to

evidence. A few instances will suffice. One of the first witnesses

called was Judge Ameshof, who with Chief-Justice Kotzé and Mr. Kock

formed the Government Commission appointed to meet the deputation

from the Reform Committee on January 1. Judge Ameshof was duly sworn,

and was asked to identify a list of the members of the Reform

Committee. He did so. He stated that it was the list supplied to the

Government Commission at the meeting of January 1 by the deputation

of the Reform Committee, and he regarded it therefore as authentic.

The deputation had stated to the Commission that it was so.

This was the first revelation of the tactics about to be pursued by

the Government, in using information which had been given under

privilege and in good faith by the prisoners themselves, when

negotiating with the Government prior to any question of arrest being

raised. Mr. Wessels, counsel for the accused, rose to obtain from

Judge Ameshof the official account of the meeting, desiring to prove

this very important negotiation by means of witnesses on the

Government side. He got no further however than saying to the

witness, 'You said you were a member of the Government Commission?'

when Judge Ameshof replied, 'Yes, but if you are going to ask me

about anything that took place at that meeting, I cannot answer,

because the meeting was a privileged one.' Mr. Wessels did not lose

his opportunity, 'You have stated,' he said, 'that you are a Judge of

the High Court?' The witness signified assent. 'And you mean to tell

me,' Mr. Wessels continued, 'that you feel yourself free to divulge

so much as it suits the Government to reveal, but that as soon as I

wish to prove something to my clients' advantage the interview

becomes privileged?' The witness did not answer, and Mr. Wessels

appealed to the Court. Judicial Commissioner Zeiler, however, upheld

the witness's contention. Mr. Wessels urged in reply that if it was a

privileged interview he objected to any evidence whatever being given

in connection with it, and protested vehemently against the admission

of the list of members just sworn to. The objection was overruled,

and it was thus laid down that the interview was privileged as far as

the Government was concerned, but not in so far as it could benefit

the Reformers.

Another case was that of Mr. Schumacher, a witness who testified,

_inter alia_, that he did not know what the objects of a certain

Development Syndicate were. His evidence showed that he had not been

informed upon this point. He was very hard pressed by the State

Attorney, but he adhered to his first answer. Dr. Coster then altered

his tactics and asked, 'Had you no opinions on the subject? Did you

not guess at all?' The witness replied that he might have thought and

conjectured at various times, but that he had nothing in the nature

of information or knowledge on the point. This did not satisfy Dr.

Coster, who then pressed the question, 'Well, what did you think?

What were your thoughts?' The witness objected to state what his

thoughts were, as they could have no bearing on the fact, and might

be absolutely wide of the mark. He could only repeat that he had no

knowledge. The witness appealed to the Bench for protection. Mr.

Wessels urged that it was an unheard-of proceeding to compel a

witness to state what he thought and to use it as evidence. The

objections were again overruled, and the witness was ordered by

the Court to answer. His reply afforded no satisfaction to the

Government, being to the effect that he could not then remember what

his thoughts were at various times. On the application of the State

Attorney the Judicial Commissioner sent him to gaol for twelve hours

for contempt of court.

Mr. Wessels strenuously objected to the decision and applied to the

Court to stay imprisonment to enable him to appeal to a judge in

chambers, but even this was refused. Mr. Wessels in the course of his

address received a reprimand from the Bench for stating that he now

recognized the force of the State Attorney's contention that the law

of evidence as obtaining in South Africa was not sufficiently wide;

for, he added, he thought it would suit the purpose of the Government

better if they reverted to an older system under which racks and

thumbscrews were popular.

The witness was sent to gaol. Some hours later an appeal was heard by

Judge de Korté in chambers, and the decision of the Judicial

Commissioner was reversed, but the prisoner had already completed

seven hours' imprisonment in a dirty cell. Judge de Korté stated that

he had reversed the decision after consultation with Chief Justice

Kotzé, and it was felt that something at least had been achieved by

Mr. Schumacher, and the rights of a witness would be recognized. But

the end is not always in sight in dealing with the Transvaal

Government. The State Attorney in turn appealed from the single

judge's decision to the full Bench. Judge Morice, a Scotchman, many

years a judge of the High Court, supported the decision of Judge de

Korté. The Chief Justice, who had advised Judge de Korté in his

decision however in a most extraordinary judgment now reversed it,

and in this view he was supported by Judge Ameshof--himself a witness

in the case against the Reformers.

Thus the majority judgment of the High Court against the Reformers on

this principle of evidence happened to be formulated by the two

judges who had been appointed to negotiate with the Reformers'

deputation on behalf of the Government.

The impossibility of obtaining justice in the Courts of the Transvaal

under the then conditions was thus brought home to the prisoners. An

appeal from the decision of the Lower Court on Judge Ameshof's

interpretation of privilege, which had been seriously discussed, was

then abandoned as being worse than useless, and calculated only to

provoke more extreme measures against the prisoners by placing the

Bench in a ridiculous position. It could not be expected that the

Chief Justice, who was himself a member of the Government Commission

which Judge Ameshof had claimed to be privileged, would take any

other view than that favouring the policy and convenience of the

Government which he showed himself so ready to befriend.

In the Schumacher appeal case before the full Court, Dr. Coster had

made no secret that he intended to disregard the rules and precedents

governing the treatment of witnesses, and even claimed that he should

receive no opposition from the prisoners' counsel, since he was only

'_fishing_' for evidence and not actually accumulating it against the

prisoners, and had no intention of using the evidence given at this

examination. Mr. Wessels asked him whether he would pledge himself to

this effect, and what, for instance, would be done in case a witness

who had been heard at the preliminary examination should die before

the main trial came off. The reply was, that in such a case of course

the Government would be bound to use some of the evidence, but would

use it with discretion and not unfairly. This undertaking provoked

smiles even in court. The wisdom and fairness of Mr. Wessels'

contention were fully justified when the trial actually did take

place, for the whole of the evidence of the preliminary examination

was handed in for the guidance of the judge in determining his

sentences against the accused. It may be added that each witness was

called upon to sign the notes of his evidence as taken down in Dutch.

When required, the official reporter read a free translation of the

notes to the witness before they were signed.

At the conclusion of the examination all the prisoners were committed

on the same charge--that of high treason--no distinction whatever

being made in the references to them from the Bench. By this time Mr.

Hammond, who had been ill, was released on bail of £20,000 in order

to go to the seaside.

Application was made on behalf of Colonel Rhodes, Messrs. Phillips,

Farrar, and FitzPatrick for release on bail, upon the grounds that no

distinction whatever had been made between them and the other

prisoners who had already been released, but this was refused after

the point had been reserved for consideration by the State Attorney

in consultation with the Chief Justice, and the four men returned to

their former conditions of imprisonment. Mr. Chamberlain continued to

make representations on behalf of these men, and at one time it

appeared as though the restrictions would be removed, Dr. Coster

having pledged himself to accept bail, and having actually drawn out

the bail-bonds and submitted them to the solicitors of the accused

for approval, and every arrangement having been completed--even to

the finding of the additional security. They were however at the last

moment curtly informed that bail would not be allowed. On this being

reported to Mr. Chamberlain, he at once replied to the effect that he

could not believe that a Government would revoke a promise made on

their behalf by the State Attorney. Dr. Leyds, on behalf of his

Government, stated that the matter was in the hands of the State

Attorney alone and did not concern the Executive, and that on inquiry

he found that no such promise had been made and no undertaking given.

The incident is more or less trivial, but again shows the readiness

with which the Boer Government repudiate a promise when it is to

their convenience to do so. Dr. Coster on his side admitted with

expressions of regret that there had been a breach of undertaking,

and stated that it had been done by order of the Executive Council.

Communications between Mr. Chamberlain and the Pretoria Government

were of great frequency during this period. The phantom of Mr.

Kruger's visit to England was chased with great assiduity. The wily

old President seized on Mr. Chamberlain's suggestions as an excellent

pretext for delay to enable him to spread his nets, and he used the

time to great advantage. But this was not the worst! Mr.

Chamberlain's new diplomacy and his stupid or treacherous advisers

led him into blunders; as when, for instance, he tried to bounce

without the intention of making good his implied threats; and when

he sent his 4th of February despatch (publishing it in London before

it reached Pretoria), strongly and ably reviewing the position, but

spoiling all by a proposal which, whilst it had not been suggested to

or discussed by the Rand people, and would not have been acceptable

to them in lieu of what they had demanded, was also an interference

in the internal affairs of the Transvaal. It gave the Pretoria

Government an opportunity, which they did not miss, of severely

snubbing Mr. Chamberlain. When the latter in turn peremptorily

refused their demands, he was informed that the cancellation of the

London Convention would not be pressed '_at present_,' but might

remain in abeyance.

Throughout the period prior to the main trial, President Kruger

continued to use with great effect 'the wishes and intentions of his

burghers.' When bail was first refused to the leaders this course was

justified on the grounds that the burghers were strongly against it,

and that the President could not act against their wishes. When at a

later stage a petition was presented by a number of burghers more or

less in touch with the Uitlander community, who felt that the

treatment of the leaders was having a bad effect, counter petitions

came in within a day or two urging the Government on no account to

extend the privilege of bail to these men. Oddly enough, these

petitions were got up and signed by relatives and near connexions of

the President himself.

During this period another petition was presented which is surely

without parallel in a civilized state; but it illustrates admirably

the Boer idea of right and liberty. Fifty burghers in the district of

Standerton addressed the Government, pointing out the undesirability

of allowing a 'certain Advocate Wessels to defend the Jameson

rebels,' and praying that the Government would put him over the

border, 'which is the slightest punishment that can be inflicted upon

him.' The receipt of this petition was announced in the Government

organ, the _Press_, on March 25.

At about this time another incident occurred which excited

considerable feeling. Commandant Henning Pretorius, one of the most

prominent Boer officials, having paid a visit to his native district

in the Cape Colony shortly after the Jameson raid, purchased from

the owner of a farm at Cookhouse Drift the beam from which the five

Boers had been hanged at Slagter's Nek for rebellion in the year

1816. Reference has already been made in the first chapter to this

deplorable affair. The beam (which had been built into the house) was

brought up by the purchaser to Pretoria. He states, and no doubt

truly, that he obtained the historical relic for the purpose of

adding it to the National Museum; but it must be added that the time

was not well chosen unless the intention was to rouse feeling. The

_Volksstem_, the Hollander-Boer organ, in an extremely violent

article, described in detail the Slagter's Nek executions, and called

upon the burghers to avenge on the persons of the Reformers their

murdered countrymen; and it is a fact vouched for by persons by no

means friendly to the Uitlander that certain Boers approached

President Kruger, intimating to him that the beam had arrived, that

it would not be necessary to bother about a trial, but that the four

men should be hanged out of hand from the same scaffold which had

served for their compatriots. It is but right to say that President

Kruger's reply was a severe reprimand, and a reminder that they were

not a barbarous people, but should comply with the law. The matter

having been brought to the notice of Mr. Chamberlain, strong

representations were made upon the subject, to which the Transvaal

Government replied (forgetful apparently of the fact that the

President had frequently urged his inability to control his burghers)

that the Transvaal was a civilized State, that the burghers were

law-abiding and peaceful people, and that their Government was at all

times able to control them. It was interesting to see the argument of

the burghers getting out of hand, which was used with such effect in

the case of Dr. Jameson and quoted by Sir Hercules Robinson, recoil

upon the head of its originator.

A final effort was made by the people of Johannesburg to obtain the

release on bail of the four prisoners. A petition bearing the

signatures of 20,000 persons was presented; the gentlemen bearing the

petition were informed that it could not be received; that they must

call again. Having called again and again, the petition was at last

accepted and placed before the Government; but no reply was ever

vouchsafed. The treatment of this memorial is in sharp contrast

with that accorded to the one presented by a score or so of the

President's relatives and supporters--objecting to the release.

From the time of the arrests until just before the trial speculation

was rife as to which judge would preside. The Chief Justice and Judge

Ameshof could hardly sit (even allowing for the precedents already

established by them), since they had both acted on the Government

Commission in negotiating with the prisoners, and one of them had

already given evidence against the accused. There remained Justices

Jorissen, De Korté and Morice. Mr. De Korté was then threatened with

suspension owing to pecuniary embarrassments, and would evidently not

be allowed to preside. The fifth judge, Mr. Jorissen, had expressed

himself so violently against the Reformers that he had himself

recognized the impossibility of attaining an impartial attitude, and

had refused to sit. The only judge available was therefore Mr.

Justice Morice, against whom there was no valid objection whatever.

Moreover, in the ordinary routine it so happened that it was his turn

to preside at the forthcoming trial; but he was known to hold Liberal

views and to be strongly in sympathy with internal reform.

At this time Chief-Justice Kotzé undertook several journeys to the

Free State and Cape Colony, ostensibly to rid himself of insomnia,

but in reality, as results proved, in order to employ a judge for

this trial. His choice eventually fell upon Mr. Gregorowski, formerly

a judge in the Free State, and at that time State-Attorney to that

country.

Mr. Gregorowski was noted on the Bench for the peculiar severity of

his sentences on all except Boers. He had moreover expressed openly

in Bloemfontein his wish that he might have the trying of 'those

Reformers; he would give them what for.' These things were not known

at the time of the trial; nor had the fact yet come out that before

taking the oath of office he had endeavoured to borrow from at least

one of his colleagues a black cap for the forthcoming trial. His

attitude at the time is sufficiently indicated by what he wrote

shortly after the trial, in defence of his action, '_I came up to put

down rebellion._ I have done so with a strong hand, and I believe

that my judgment will bear good fruit in the future.' The prisoners

could not but contrast the action of the Government in employing and

appointing, on approval, a judge who had no status whatever in the

country, with their action in declining to allow Mr. Rose Innes to

appear at the Bar on the pretext of his previous qualification not

being in order; and it was felt to be ominous that an independent and

upright judge, against whom there could be no objection, should be

passed over, and another specially imported for the occasion.

The trial was at last fixed to take place on April 27, and the

indictments were served upon the accused six days before that date.

The following is the list of those who were committed for trial:

Lionel Phillips

Colonel F.W. Rhodes

George Farrar

J.H. Hammond

J.P. FitzPatrick

S.W. Jameson

G. Richards

J.L. Williams

G. Sandilands

F. Spencer

R.A. Bettington

J.G. Auret

E.P. Solomon

J.W. Leonard

W.H.S. Bell

W.E. Hudson

D.F. Gilfillan

C.H. Mullins

E.O. Hutchinson

W. van Hulsteyn

A. Woolls-Sampson

H.C. Hull

Alf. Brown

C.L. Andersson

M. Langermann

W. Hosken

W. St. John Carr

H.F. Strange

C. Garland

Fred Gray{33}

A. Mackie Niven

Dr. W.T.F. Davies

Dr. R.P. Mitchell

Dr. Hans Sauer

Dr. A.P. Hillier

Dr. D.P. Duirs

Dr. W. Brodie

H.J. King

A. Bailey

Sir Drummond Dunbar

H.E. Becher

F. Mosenthal

H.A. Rogers

C. Butters

Walter D. Davies

H. Bettelheim

F.R. Lingham

A.L. Lawley

W.B. Head

V.M. Clement

W. Goddard

J.J. Lace

C.A. Tremeer

R.G. Fricker

J.M. Buckland

J. Donaldson

F.H. Hamilton

P. du Bois

H.B. Marshall

S.B. Joel

A.R. Goldring

J.A. Roger

Thomas Mein

J.S. Curtis{34}

The indictment served on all alike was as follows:

H.J. Coster, State Attorney of the South African Republic, who, on

behalf of the State, prosecutes, brings to the notice of the Court:

That they (citing the accused), all and each or one or more of them,

are guilty of the crime of High Treason:

Firstly: In that in or about the months of November and December in

the year of our Lord one thousand eight hundred and ninety-five, the

exact dates being unknown to the State Attorney, they, the said

accused, at Johannesburg, Witwatersrand Goldfields, South African

Republic, being citizens of, or residing in, this Republic, all and

each or one or more of them wrongfully, unlawfully, and with a

hostile intention to disturb, injure, or bring into danger the

independence or safety of this Republic, treated, conspired, agreed

with and urged Leander Starr Jameson, an alien, residing without the

boundaries of this Republic, to come into the territory of this

Republic at the head of and with an armed and hostile troop, and to

make a hostile invasion and to march through to Johannesburg

aforesaid.

Secondly: In that they (the said accused), being citizens of, or

residing in, this Republic, all and each or one or more of them,

there and then in conjunction with Charles Leonard and Dr. H. Wolff,

now fugitives, and other persons unknown to the State Attorney,

appearing and acting as a committee, by them named the 'Reform

Committee,' after the above-mentioned Leander Starr Jameson, on or

about December 29, in the year aforesaid, had come from without the

Republic, at the head of and with an armed and hostile troop, in the

neighbourhood of Ottoshoop, district Marico, into the territory of

this Republic, and had made a hostile invasion, and had violently

attempted to penetrate through to Johannesburg aforesaid, wrongfully,

unlawfully, and with a hostile intention to disturb, injure, or bring

into danger the independence or safety of this Republic, gave, or

attempted to give, the aforementioned Leander Starr Jameson during

his hostile invasion aforesaid information about the state of the

defences at Johannesburg, and had armed troops ready to assist, and

sent assistance to him, and subsequently by seditious speeches made,

or caused to be made, in public, with the object to persuade and

induce the people there to stand by the aforementioned Jameson in his

hostile invasion, and further have assisted him, the aforementioned

Jameson, during his hostile invasion above mentioned, by providing

him with provisions, forage, and horses.

Thirdly: That in or about the month of December, in the year

aforesaid, and in the month of January in the year one thousand eight

hundred and ninety-six, exact dates not known to the State Attorney,

at Johannesburg aforesaid, they (the said accused), being inhabitants

of, and residing in, this Republic, all and each or one or more of

them, then and there, in conjunction with Charles Leonard and Dr. H.

Wolff, now fugitives, and other persons unknown to the State

Attorney, appearing and acting as a committee named by them the

'Reform Committee,' wrongfully and unlawfully, and with a hostile

intention to disturb, injure, or bring into danger the independence

or safety of this Republic, have distributed, or caused to be

distributed, amongst the population there, and in the neighbourhood

thereof, Maxim guns, other weapons, arms, and ammunition; further,

have enrolled men, or have caused them to be enrolled, and have

formed them, or have caused them to be formed, into military corps;

have erected there, or caused to be erected, earthworks and other

fortifications.

Fourthly: In that in or about the month of December and the month of

January, the exact dates being unknown to the State Attorney, and at

Johannesburg aforesaid they (the said accused), being citizens of,

and residing in, this Republic, all and each or one or more of them,

then and there, in conjunction with Charles Leonard and Dr. H. Wolff,

now fugitives, and other persons unknown to the State Attorney,

appearing and acting as a committee called by them the 'Reform

Committee,' wrongfully and unlawfully, with hostile intention to

disturb, injure, or bring into danger the independence or safety of

this Republic, have arrogated to themselves, and have exercised and

caused to be exercised, the functions, and powers belonging to the

authorities of this Republic; by violence, or by threats of violence,

have compelled, or caused to be compelled, the police of this

Republic stationed at Johannesburg aforesaid to leave the public

squares and streets; have formed, or caused to be formed, their own

police corps, and have provided that corps, or caused it to be

provided, with guns and other arms; and further have appointed, or

caused to be appointed, as head of that corps, Andrew Trimble, and

have entrusted him with jurisdiction in police cases, in virtue

whereof the aforementioned Andrew Trimble has passed sentence and

caused it to be carried out.

In consequence of all which acts abovementioned the independence of

this country was brought into danger, and its safety disturbed and

impaired.

Wherefore the State Attorney, after due proof and conviction thereof,

requests the judgment of this Court against said accused, according

to law.

The general opinion based upon the character of the evidence adduced

at the preliminary examination was that it would be impossible to

sustain the charge of high treason; but the disclosure of the

documents in the possession of the State Attorney put a different

complexion upon the case. Then for the first time the members of the

Reform Committee became aware of that factor in their case which has

since become famous as 'de trommel van Bobby White'--Major Robert

White's despatch-box--a veritable conjurer's hat, from which Mr.

Kruger produced to an admiring and astonished world the political

equivalents of eggs and goldfish, pigeons and white mice. In this box

(which was taken with the invading force at Doornkop) it appears

Major White had brought as much of his previous correspondence as he

could conveniently carry, together with diaries, notebooks,

code-books, cipher-keys, etc. Nor was this all. He had brought a copy

of the letter of invitation, certified by himself as magistrate in

the Bechuanaland Protectorate. Revelations at and subsequent to the

trial show that the State Attorney, on discovering this copy and

finding that as a copy it would not be admitted and that he might

experience some difficulty in proving it, prevailed upon Major White

while in the Pretoria gaol to confirm his previous certificate, and

to make an affidavit to the effect that he had compared the letter

with the original, that it was a true copy, and that he had examined

the signatures, and believed them to be the signatures of the persons

indicated. The State Attorney alleges that he bargained with Major

White for this affidavit, and in return surrendered to him certain

private documents which had also been taken in the despatch-box.

Major White on the other hand stated to the writer and to another

member of the Reform Committee--Mr. H.C. Hull--that there is no truth

in the allegation that he received a _quid pro quo_; but has no

excuse to offer for making the affidavit, except that he--_'does not

remember having done it.'_

The Reform prisoners, who, animated by a desire not to give any of

their comrades away, had for a period of close upon four months borne

all the abuse which could be heaped upon them, and had abstained from

making any defence in public, or any of those revelations such as

have since been made through the exertion of the Transvaal

authorities, the Select Committee of the Cape House of Assembly, and

the Bow Street officers, found to their inexpressible disgust that

the efforts which they had made were rendered futile by the capture

of these documents; and they were highly incensed at the action of

one of the very men whose lives they believed they had saved by

surrendering on January 7. The affidavit was looked upon as

unpardonable, and the unnecessary statement regarding the genuineness

of the signatures was interpreted in a very unpleasant sense.

Consultations now took place between Mr. Advocate Wessels and Mr.

Richard Solomon, Q.C., of Kimberley, who had also been retained on

behalf of the accused; and endeavours were made to obtain from the

State Attorney details of the evidence which it was proposed to

bring, but with only partial success. From the facts already known to

them it was clear that the Government were determined to stretch

every point in law to their own advantage and to indulge in few

scruples as to the means to be employed to secure a conviction. The

Judge, it was known, had been specially imported for this trial,

and provisionally appointed to a seat on the Bench. As the

confirmation of his appointment was to take place when the Volksraad

should meet, or at any rate at some period subsequent to the trial,

it was not unnatural to regard his as a case in which a judge was

appointed on approval, the appointment to be either confirmed or

cancelled according to the satisfaction which he should give.

Appeal to the full bench of the High Court had already been proved to

be entirely useless; since the only judges to whom appeal could be

made were those who had in the earlier stages associated themselves

with the Government against the Reform Committee, and later on in

their judicial capacities confirmed the attitude taken up by them as

patriots.

The options before the prisoners were therefore three in number. One

course would be to enter upon a protracted trial before a Boer jury

and a specially-appointed judge, with the certainty for the majority

of an adverse verdict in any case. In such a trial numberless

occasions would arise for the exercise of discretion in the admission

or rejection of evidence, and any defence of the prisoners must

necessarily partake of the character of an indictment against the

Government and the faction which both judge and jury avowedly

represented, and tend only to aggravate the penalty. They would

moreover have to face that trial as a body of over sixty men, many of

whom could have reasonably set up special defences, many of whom were

not even mentioned in any evidence which the Government had yet

secured (with the exception of course of Judge Ameshof's _privileged_

list), and could therefore reasonably expect to be discharged on

making individual defences. The second alternative was to decline to

plead at all, on the ground that they had negotiated with the

Government in good faith, and that a treacherous arrest and breach of

understandings arrived at would not be recognised in any way by

them--in fact, to refuse to condone treachery or take a hand in a

farce. The third course was to plead guilty, and take a short cut on

the best terms possible to what was realized to be a pre-arranged

conclusion.

The second alternative was rejected, because it was found to be

impossible to secure unanimity of action. In the course of the

discussions upon the other alternatives, certain negotiations took

place between the State Attorney Dr. Coster and Mr. Wessels, the

result of which was that Dr. Coster made the following offer: If the

leaders (the signatories to the letter of invitation) would consent

to plead guilty to count 1 of the indictment, he would agree to

withdraw as against them counts 2, 3, and 4; and in such case he

would agree that the rank and file should plead guilty to counts 3

and 4 only, he withdrawing as against them counts 1 and 2. The matter

was discussed by the prisoners, and objection was taken to that part

of the indictment in which it was stated that the Reform Committee

had acted 'with a hostile intention to disturb, injure or bring into

danger the independence or safety of this Republic.'

Another meeting took place between the State Attorney and Mr.

Wessels, at which Dr. Coster agreed to eliminate from the indictment

against the rank and file the words objected to, provided that the

leaders would plead guilty to count 1. Having arrived at this--to

him--satisfactory conclusion, Dr. Coster remarked that they (_i.e.,_

all except the four) were now charged with a merely nominal offence.

Mr. Wessels endeavoured to obtain the same alteration in the

indictment of the leaders, but this was refused on the ground that it

would make the indictment ridiculous; and, _apropos_ of the

concession to the rank and file, Dr. Coster even expressed doubts as

to whether, if the hostile intention were eliminated, any crime could

be said to remain under the indictment. He however agreed to allow

the four leaders to qualify their plea by a statement in writing

which they were to put in at the same time. He stated that he would

have _pro forma_ to put in some evidence of the offence, but

undertook not to press for exemplary punishment, and moreover

promised that he would not dispute or question the statement to be

put in, provided that it contained no material error in fact.

A discussion then followed as to the law under which the trial would

take place. Mr. Wessels urged that, as there was specific provision

in the statute law for cases of this nature, the statute law would of

course apply in preference to Roman-Dutch law. Dr. Coster said he

presumed that this would be the case, but that he was not quite sure

whether Roman-Dutch law would not apply. He added however that

anything he could say would not be binding upon the judge, who could

alone decide as to the question of law.

Mr. Wessels's report to his clients induced the rank and file to

agree under the altered circumstances to the third alternative,

namely, pleading guilty, and they agreed to this under the

impression, which without doubt had been suggested and deliberately

fostered by the Government, that they were pleading guilty to a

nominal offence, and would incur a monetary penalty in proportion.

In consultation with the leaders, Mr. Wessels reported the

discussions with Dr. Coster as above given. Both he and Mr. Solomon

represented to them the gravity of the plea, and said that there was

the possibility that the judge would invoke Roman-Dutch law and

ignore the laws of the country, in which case it would be in his

power to pass sentence of death. In their opinion, they added, and in

the opinion of Mr. Rose Innes and others, this would be a monstrous

straining of the law, yet they felt bound to indicate the

possibility.

The course before the prisoners was not indeed an attractive one, but

it was not without its recommendations. It would have been infinitely

preferable to fight it out had there been a chance of a good fight,

if even a losing one; but, apart from a verdict of guilty being an

absolute certainty, the circumstances were against any possibility of

effecting anything like a strong impeachment of the Government.

Moreover, the course now proposed would prevent any 'giving away' of

Dr. Jameson, who had yet to be tried, and of others; and it also

removed the necessity for individual defences by those among the

prisoners who had been involved in a less degree than others. The

matter at that time appeared in one way to concern the leaders only.

If they were willing to take upon themselves the burden of the charge

and secure the acquittal of others by accepting the full

responsibility, it could only be regarded as a chivalrous act. But

there were some among the other the prisoners--'Irreconcilables,'

as they were called--who considered themselves equally responsible

with the leaders, who strongly objected to shifting any portion of

their responsibility upon others, and who desired to stand with those

who were prepared to bear the brunt of the charge. To them the

suggestion to plead guilty was as gall and wormwood, and was regarded

as another humiliation which they were required to endure, another

climbing-down similar to the disarmament, and attended, like it, with

exasperating and baffling complications and involvements that made

refusal an impossibility. The one call to which these men would

respond was the call to stand together and have no divisions--a cause

for which they were still to make many sacrifices. The irony of it

was that in order to 'stand together' they had to agree to

segregation.

Dr. Coster would accept no further modification or variation of his

terms--there was no option to individuals to plead not guilty and

fight it out, except at the cost of involving all the others, nor was

there any option to them to plead with the leaders. One other factor

in the determination of this policy remains to be noted. The

communications already recorded as having passed between some of the

members of the Reform Committee and Dr. Jameson, after the latter had

actually invaded the country, and some evidence as to the

arrangements made for the reception and camping of his force, were in

the hands of the Government, and these were sufficient to convict

every member of the Reform Committee under count 2 of the indictment

in a trial before a Boer jury and by a special judge. Conviction

under count 1 was assured by the letter of invitation and the

admissions in the 'privileged' meeting with the Government

Commission. Conviction under count 2 would be a distinct aggravation

of the position of the four--or so it seemed then--whilst it would be

a most serious thing for the rank and file; and it was finally

decided to plead in accordance with the suggestion of the State

Attorney. The decision was conveyed to this gentleman and by him to

the President, who expressed his 'satisfaction' at a course which

would enable him to 'deal magnanimously with the prisoners,' no doubt

in pursuance of the policy of 'Forget and Forgive.' When, as a

convincing proof of the wisdom of the decision to plead guilty,

the 'satisfaction' of the President was made known to the

Irreconcilables, they remarked that this was the worst sign that

they had yet detected, but others were more hopeful.

As to the soundness of the advice on which the prisoners pleaded, it

may be observed that Messrs. Gregorowski and Coster have both since

then expressed the opinion that there was sufficient evidence to

convict one and all of high treason, and they should know what would

have been considered 'sufficient.' The latter added that the prime

movers were of course guilty; but they at any rate had tried to stop

Jameson, whilst those who joined the Reform Committee in the later

stages were morally worse, since they had only joined when and

because they knew that he had invaded the country. Mr. Gregorowski,

at a later stage, defended his sentence on the leaders, but feared he

had been 'far too lenient with the others.' It would be unfair

therefore to suggest that the advice on which the prisoners had

decided to act was other than sound wise and proper in the

circumstances. That it should afterwards appear that the other

parties to the arrangement had acted with deliberate duplicity and

bad faith cannot be laid as a charge against the gentlemen who gave

this advice, and whose only fault, if fault it be, was that their

instincts, their principles, and their training precluded the

suspicion of treachery.

The trial commenced on April 24, when the prisoners were arraigned,

after which an adjournment was made until the 27th, in order to allow

three of the prisoners who were then travelling up to take their

trial to arrive. On the latter date, all being present, and pleas of

guilty having been recorded, the State Attorney put in the cipher

telegrams, the minutes of the 'privileged' meeting between the

Government Commission and the deputation of the Reform Committee,

none of which had been produced in evidence, and the record of

evidence taken at the preliminary examination. Mr. Wessels then read

and put in the following statement of the four leaders:

For a number of years endeavours have been made to obtain by

constitutional means the redress of the grievances under which the

Uitlander population labours. The new-comer asked for no more than is

conceded to emigrants by all the other Governments in South

Africa, under which every man may, on reasonable conditions, become a

citizen of the State; whilst here alone a policy is pursued by which

the first settlers retain the exclusive right of government.

Petitions supported by the signatures of some 40,000 men were

ignored; and when it was found that we could not get a fair and

reasonable hearing, that provisions already deemed obnoxious and

unfair were being made more stringent, and that we were being

debarred for ever from obtaining the rights which in other countries

are freely granted, it was realized that we would never get redress

until we should make a demonstration of force to support our claims.

Certain provision was made regarding arms and ammunition, and a

letter was written to Dr. Jameson, in which he was asked to come to

our aid under certain circumstances.

On December 26 the Uitlanders' Manifesto was published, and it was

then our intention to make a final appeal for redress at the public

meeting which was to have been held on January 6. In consequence of

matters that came to our knowledge we sent on December 26 Major Heany

(by train via Kimberley), and Captain Holden across country, to

forbid any movement on Dr. Jameson's part.

On the afternoon of Monday, December 30, we learnt from Government

sources that Dr. Jameson had crossed the frontier. We assumed that he

had come in good faith to help us, probably misled by some of the

exaggerated rumours which were then in circulation. We were

convinced, however, that the Government and the burghers would not in

the excitement of the moment believe that we had not invited Dr.

Jameson in, and there was no course open to us but to prepare to

defend ourselves if we were attacked, and at the same time to spare

no effort to effect a peaceful settlement.

It became necessary to form some organization for the protection of

the town and the maintenance of order; since, in the excitement

caused by the news of Dr. Jameson's coming, serious disturbances

would be likely to occur, and it was evident that the Government

organization could not deal with the people without serious risks of

conflict.

The Reform Committee was formed on Monday night, December 30, and it

was intended to include such men of influence as cared to associate

themselves with the movement. The object with which it was formed is

best shown by its first notice, viz.:

'Notice is hereby given that this Committee adheres to the National

Union Manifesto, and reiterates its desire to maintain the

independence of the Republic. The fact that rumours are in course of

circulation to the effect that a force has crossed the Bechuanaland

border renders it necessary to take active steps for the defence

of Johannesburg and preservation of order. The Committee earnestly

desire that the inhabitants should refrain from taking any action

which can be construed as an overt act of hostility against the

Government. By order of the Committee,

'J. PERCY FITZPATRICK,

'_Secretary_.'

The evidence taken at the preliminary examination will show that

order was maintained by this Committee during a time of intense

excitement, and through the action of the Committee no aggressive

steps whatever were taken against the Government, but on the

contrary, the property of the Government was protected, and its

officials were not interfered with.

It is our firm belief that had no such Committee been formed, the

intense excitement caused by Dr. Jameson's entry would have brought

about utter chaos in Johannesburg.

It has been alleged that we armed natives. This is absolutely untrue,

and is disposed of by the fact that during the crisis upwards of

20,000 white men applied to us for arms and were unable to get them.

On Tuesday morning, December 31, we hoisted the flag of the Z.A.R.,

and every man bound himself to maintain the independence of the

Republic. On the same day the Government withdrew its police

voluntarily from the town and we preserved perfect order.

During the evening of that day, Messrs. Marais and Malan presented

themselves as delegates from the Executive Council. They came (to use

their own words) to 'offer us the olive branch,' and they told us

that if we would send a deputation to Pretoria to meet a Commission

appointed by the Government, we should probably obtain 'practically

all that we asked for in the Manifesto.'

Our deputation met the Government Commission, consisting of Chief

Justice Kotzé, Judge Ameshof, and Mr. Kock, member of the Executive.

On our behalf our deputation frankly avowed knowledge of Jameson's

presence on the border, and of his intention, by written arrangement

with us, to assist us in case of extremity.

With the full knowledge of this arrangement, with the knowledge that

we were in arms and agitating for our rights, the Government

Commission handed to us a resolution by the Executive Council, of

which the following is the purport:

'The High Commissioner has offered his services with a view to a

peaceful settlement. The Government of the South African Republic has

accepted his offer. Pending his arrival, no hostile step will be

taken against Johannesburg, provided Johannesburg takes no hostile

action against the Government. In terms of a certain proclamation

recently issued by the President, the grievances will be earnestly

considered.'

We acted in perfect good faith with the Government, believing it to

be their desire, as it was ours, to avert bloodshed, and believing it

to be their intention to give us the redress which was implied in the

'earnest consideration of grievances.'

There can be no better evidence of our earnest endeavour to repair

what we regarded as a mistake on the part of Dr. Jameson than the

following offer which our deputation, authorized by resolution of the

Committee, laid before the Government Commission:

'If the Government will permit Dr. Jameson to come into Johannesburg

unmolested, the Committee will guarantee, with their persons if

necessary, that he will leave again peacefully as soon as possible.'

We faithfully carried out the agreement that we should commit no act

of hostility against the Government; we ceased all active operations

for the defence of the town against any attack, and we did everything

in our power to prevent any collision with the burghers--an attempt

in which our efforts were happily successful.

On the telegraphic advice of the result of the interview of the

deputation with the Government Commission, we despatched Mr. Lace, a

member of our Committee, as an escort to the courier carrying the

High Commissioner's despatch to Dr. Jameson, in order to assure

ourselves that the despatch would reach its destination.

On the following Saturday, January 4, the High Commissioner arrived

in Pretoria. On Monday, the sixth, the following telegram was sent to

us:

'Pretoria, _January 6, 1896._

'_From_ H.M.'s AGENT _to_ REFORM COMMITTEE, _Johannesburg._

'_January 6._--I am directed to inform you that the High Commissioner

met the President, the Executive, and the Judges to-day. The President

announced the decision of the Government to be that Johannesburg must

lay down its arms unconditionally as a [condition] precedent to a

discussion and consideration of grievances. The High Commissioner

endeavoured to obtain some indication of the steps which would be

taken in the event of disarmament, but without success, it being

intimated that the Government had nothing more to say on this subject

than had already been embodied in the President's proclamation. The

High Commissioner inquired whether any decision had been come to as

regards the disposal of the prisoners, and received a reply in the

negative. The President said that as his burghers, to the number of

8,000, had been collected and could not be asked to remain

indefinitely, he must request a reply "Yes" or "No" to this ultimatum

within twenty-four hours.'

On the following day Sir Jacobus de Wet, H.M.'s Agent, met us in

committee, and handed to us the following wire from his Excellency

the High Commissioner:

'HIGH COMMISSIONER, _Pretoria, to_ SIR J. DE WET, _Johannesburg._

'_Received Johannesburg 7.36 a.m., January 7, 1896._

'_Urgent_--You should inform the Johannesburg people that I consider

that if they lay down their arms they will be acting loyally and

honourably, and that if they do not comply with my request they

forfeit all claim to sympathy from Her Majesty's Government, and from

British subjects throughout the world, as the lives of Jameson and

prisoners are practically in their hands.'

On this, and the assurance given in the Executive Council resolution,

we laid down our arms on January 6, 7, and 8; on the 9th we were

arrested, and have since been under arrest at Pretoria, a period of

three and a half months.

We admit responsibility for the action taken by us. We frankly avowed

it at the time of the negotiations with the Government, when we were

informed that the services of the High Commissioner had been accepted

with a view to a peaceful settlement.

We submit that we kept faith in every detail in the arrangement with

the Government; that we did all that was humanly possible to protect

both the State and Dr. Jameson from the consequence of his action;

that we have committed no breach of the law which was not known to

the Government at the time that the earnest consideration of our

grievances was promised.

We can only now lay the bare facts before the Court, and submit to

the judgment that may be passed upon us.

(Signed) LIONEL PHILLIPS.

FRANCIS RHODES.

GEORGE FARRAR.

Pretoria, April 24, 1896.

I entirely concur with the above statement.

(Signed) JOHN HAYS HAMMOND.

Pretoria, April 27, 1896.

An incident which occurred during the reading of this statement

enabled the prisoners to realize how poor would have been their

chance of a fair trial before a Boer jury. On the right hand of the

judge seats had been reserved for higher officials. Several members

of the Executive were present in this quarter, and amongst them in a

very prominent position and facing the quarter reserved for the

burghers sat Mr. Wolmarans, a member of the Executive Council. When

Mr. Wessels came to that portion of the statement referring to the

negotiations with the Executive Council, Mr. Wolmarans at first

smiled superciliously, then turned and addressed a remark to one of

his colleagues, shrugging his shoulder at the same time, and at the

conclusion of the reference looked across the room to where the

jurymen sat, still smiling and shaking his head slowly and

continuously for half a minute. To men accustomed to the decencies of

British Courts of Justice this incident was rather revolting. When it

is remembered that the Government refused to produce the minute

referred to, and that through their representatives they claimed

'privilege' for the interview at which it was given, in order to

absolve themselves from appearing in Court, and that Mr. Wolmarans

himself sent the message to the Rand that the Government by the

withdrawal of its police gave practical evidence of holding out the

olive-branch, his conduct appears the more unprincipled.

The State Attorney in a purely formal address, in consonance with his

promise to Mr. Wessels not to seek exemplary punishment, asked for

punishment according to law. Mr. Wessels in reply made an eloquent

appeal on behalf of the accused and recited the circumstances which

led to their seeking redress in the manner in which they did. He

referred to the negotiations with the Government, to the part played

by the Reform Committee in the maintenance of order, to the fidelity

with which they had fulfilled their undertakings with the Government,

and to their attitude towards Dr. Jameson. His references to the

Government and to the existing abuses were made as judiciously as

possible. He referred candidly to the relationship with Dr. Jameson,

especially alluding to the efforts made to protect him from the

results of his own action and to stand by him even at the cost of

personal sacrifice, and claimed that such action towards their former

colleague within the limits set by them did not necessarily imply

treason against the independence of the State, but should fairly

entitle the prisoners to sympathy for their efforts to save a quondam

colleague, however wrong he might have been. On the point of law, Mr.

Wessels claimed that the Thirty-three Articles formed the basis of

the State's law, that there was specific provision for such cases as

this in those Articles, and that the punishment to be meted out to

the prisoners should be in accordance with these statutes, modified

as the Court in its judgment might deem fit. No sooner had Mr.

Wessels resumed his seat than Dr. Coster, as was then thought,

repenting the fulfilment of his promise and casting off all disguise,

or, as is more probable, carried away by an over-mastering excitement

and strong personal and racial feeling and stimulated by

concentration upon one aspect only of the case, claimed the right to

address the Court again after the advocate for the defence had

spoken. Dr. Coster has the reputation among those who know him of

being a thoroughly honourable and straight-forward gentleman. As a

Hollander no doubt he felt deeply in a matter in which Hollanderism

was the _casus belli_; as public prosecutor it was his duty to

prosecute, not to judge; and one prefers to think that in peculiar

and trying circumstances he forgot the pledge he had given and

remembered only the cause of his party. In a short but very violent

speech he depicted in the blackest terms the actions of the men

against whom he had agreed not to seek exemplary punishment, and

pointing out the provisions of the Roman-Dutch law, claimed that the

Court should apply it in this case in preference to the statutes of

the country, and demanded from the Court the severest possible

penalty which could be imposed under that law and under the

Thirty-three Articles and the Gold Law as well. With reference to the

last-named, Dr. Coster having mentioned the provision regarding the

confiscation of property, said that upon this point he would not

speak but would leave the matter to the judgment of the Court. The

Court was then adjourned until the morning of the 28th, ostensibly in

order to enable the judge to consider the evidence and make up his

mind.

The majority of the prisoners, utterly unsuspicious of what lay

before them, made all necessary arrangements to return to their homes

and avocations upon the conclusion of the trial, believing that a

nominal fine would be the penalty imposed. Many of them had taken

return tickets from Johannesburg available for two days. The public

throughout the Transvaal and South Africa anticipated nothing more

than a nominal punishment upon the majority and a fine of a few

thousand pounds upon the signatories to the letter of invitation.

Some of the prisoners however were better informed. News had been

obtained some days before the trial commenced that extra

accommodation was being prepared in the gaol, avowedly to provide for

the Reformers. Two of the accused visited the gaol and verified this.

Others of the accused, few in number, were informed by personal

friends who had special means of getting information in Pretoria that

imprisonment would be the lot of all and that the punishment on the

leaders would be extremely severe; and they provided for this

contingency accordingly. The manager of the Government newspaper in

Pretoria informed two or three of those interested that the sentence

of death would be passed upon the four leaders, as this had been

arranged; and men closely associated with the leaders themselves had

been confidentially informed beforehand that it was the intention of

the Government to pass sentence of death, and that the matter was a

cut-and-dried one. The information was given with a view to preparing

the prisoners for what awaited them.

On approaching the temporary Court-house (the Pretoria Market

Buildings having been altered for this purpose) on the morning of the

sentence, it was perfectly evident that some serious development was

afoot. The town was thronged with mounted burghers, State artillery,

and mounted and foot police. Every approach to the Court was guarded

and the streets were patrolled. Most of the population of Pretoria

were gathered in the Market Square, endeavouring to gain admittance

to the Court. The prisoners were arranged in their former places in a

special quarter of the building railed off for the purpose, with the

exception of Messrs. Phillips, Farrar, Rhodes and Hammond, who

were separated from the rest and placed in a special movable dock,

which had been carried in over the heads of the people after the hour

appointed for the sitting of the Court. The appearance of this dock

was recognized by all to be ominous, but some relief from the feeling

of foreboding was experienced when Judge Gregorowski after taking his

seat was observed to smile several times and to make some jocular

remark to one of the officials of the Court. The faces of the

officials however damped any hopes that were built upon the judge's

genial appearance.

Many of these gentlemen were personal and intimate friends of the

prisoners: some were connected by closer ties; and one of the most

trying experiences for the prisoners was to witness the complete

breakdown of the minor officials employed in the carrying out of this

tragic farce. The judge's first order was for the removal of all

ladies. The wives and relatives of many of the prisoners had been

warned by them beforehand of what was likely to happen and had

accordingly absented themselves, but there were nevertheless a good

number of ladies present. Judge Gregorowski then took the case in

hand, passed in review the circumstances, and dealt with much of the

evidence, including that taken at the preliminary examination and the

documents put in by Government which had not yet been seen by the

prisoners' advisers. He made no reference to the statement of the

principal accused, subject to which their plea of guilty had been

made and accepted. He reviewed the law, and by a method of reasoning

which has not commended itself to others he justified himself for

setting aside special statutes and applying the Roman-Dutch law

instead. In conclusion, he stated that he held the signatories of the

letter to be directly responsible for the shedding of the burghers'

blood at Doornkop, that he would therefore pass upon them the _only

punishment possible_ under Roman-Dutch law--namely death, and that

whatever hope there might be in the merciful hearts of the Executive

Council and in the President's great magnanimity, they should

remember that in no other country would they have the slightest

grounds for hope. The usual question as to whether there were any

reasons why sentence of death should not be passed upon them having

been put and the usual reply in the negative having been received, in

the midst of silence that was only disturbed by the breaking down of

persons in various parts of the hall--officials, burghers, and in the

general public--sentence of death was passed, first on Mr. Lionel

Phillips, next on Colonel Rhodes, then on Mr. George Farrar, and

lastly on Mr. Hammond. The bearing of the four men won for them

universal sympathy and approval, especially under the conditions

immediately following the death sentence, when a most painful scene

took place in Court. Evidences of feeling came from all parts of the

room and from all classes of people: from those who conducted the

defence and from the Boers who were to have constituted the jury. The

interpreter translating the sentence broke down. Many of the minor

officials lost control of themselves, and feelings were further

strained by the incident of one man falling insensible.

Sentence was next passed upon the other prisoners. They were

condemned to suffer two years' imprisonment, to pay a fine of £2,000

each, or as an alternative suffer another year's imprisonment, and

thereafter to be banished from the State for a period of three years.

It was added that the question of confiscation of their property

would be one for the Executive to deal with.

The action of Mr. Gregorowski has been variously described, but at no

time more graphically than at the time of the sentence, when a

sergeant of police who was guarding the prisoners exclaimed in the

peculiar Dutch idiom: 'My God! he is like a dog: he has bitten and

chewed and guzzled!'

After passing the minor sentences the judge gave a short address to

the burghers, in which he thanked them for their attendance and made

allusion with evident signs of satisfaction to the manner in which

the trial had been brought to a conclusion. A long delay followed

during which the judge proceeded to note his judgments. Once his

attention was drawn by a remark of an official to which he replied

promptly, at the same time breaking into a broad smile, but suddenly

recollecting the circumstances and the presence of the men sentenced

to death, placed his hand over his mouth and wiped the smile away.

The incident was of course noticed by many people in Court and helped

to strengthen the impression which a limited but sufficient

experience of Mr. Gregorowski had already created.

If the belief which now obtains, that the Reformers were enticed to

plead guilty and misled as to the probable consequences of that plea,

should outlive personal feelings and leave a permanent mark in South

African history, it will be because it survives a searching test. In

South Africa--as in many other countries--it is the invariable

practice of the Courts to decline to accept the plea of guilty to a

capital charge. The prisoner is informed that as the plea involves

capital punishment it will not be accepted; and a formal trial and

sufficient evidence of the crime are required by the Court. That is

done even in cases where the prisoner knows what the punishment will

be! In the case of the Reformers the State Attorney had, it is true,

informed Mr. Wessels that he would be obliged _pro forma_ to put in

certain evidence, but the reason was not given, and Mr. Wessels

regarded it merely as the _quid pro quo_ for accepting unquestioned

the written statement of the four accused! Mr. Gregorowski in

defending his sentence has stated that under Roman-Dutch law he had

no option but to pass sentence of death. Yet contrary to the custom

with which seventeen years' practice had made him familiar he

accepted the plea of guilty--and accepted it without a word of

explanation or of warning! Is it surprising that people should want

to know why?

The men were removed from Court under very heavy escort, the

condemned men being conveyed in a closed carriage and the rest of the

prisoners being marched through the streets to the gaol, the whole

party moving at a foot pace. A little incident at the start did not

fail to attract attention. The officer commanding a section of the

guard having issued his orders in Dutch and some confusion having

ensued, the orders were repeated _in German_, with a satisfactory

result.

One more incident--trifling perhaps in itself but leaving an

ineffaceable impression--occurred during the march to the gaol. As

the prisoners slowly approached the Government buildings, Dr. Leyds

accompanied by one friend walked out until within a few yards of the

procession of sentenced men (a great proportion of whom were

personally well known to him) and stood there with his hands in his

pockets smiling at them as they went past. The action was so

remarkable, the expression on the State Secretary's face so

unmistakable, that the Dutch guards accompanying the prisoners

expressed their disgust. His triumph no doubt was considerable; but

the enjoyment must have been short-lived if the accounts given by

other members of the Executive of his behaviour a month later are

to be credited. The man who stood in safety and smiled in the faces

of his victims was the same Dr. Leyds who within a month became

seriously ill because some fiery and impetuous friend of the

prisoners sent him an anonymous letter with a death's head and

cross-bones; who as a result obtained from Government a guard over

his private house; and who thereafter proceeded about his duties in

Pretoria under armed escort.

It is stated that the death sentence was commuted the same afternoon,

but no intimation of this was given to the prisoners and no public

announcement was made until twenty-four hours later. In spite of the

vindictive urgings of the Hollander newspaper, the _Volksstem_, few

could believe that the death sentence would be carried out and most

people recognized that the ebullitions of that organ expressed the

feelings of only a few rabid and witless individuals among the

Hollanders themselves and were viewed with disgust by the great

majority of them. At the same time the scene in court had been such

as to show that the Government party--the officials and Boers then

present--had not regarded the death sentence as a mere formality, but

had, on the contrary, viewed it as a deliberate and final judgment.

In such circumstances therefore it can be believed that the prisoners

themselves were not without misgivings.

Footnotes for Chapter VIII

{33} Died in prison.

{34} Unable, owing to illness, to stand trial

with the others. On recovery, Mr. Curtis returned to the Transvaal,

and decided to plead 'not guilty,' whereupon proceedings were

dropped.

The Transvaal from Within: A Private Record of Public Affairs · 第 9 / 14 章