a Chief from the southern portion of the Protectorate near the Liberian
frontier, charged with a similar offence. The District Commissioner
obtained information that this man had in his possession the “medicine”
belonging to a branch of the Society, and Court Messengers were detailed
to search his house, with the result that a large quantity of “medicine”
of various sorts was discovered and produced before the Court.
The accused in his defence stated that he had been one of the leaders of
the “War boys,” who operated with the British force during the 1898
Rebellion, and that the “medicine” produced had been seized by the War
boys from the rebels and was afterwards deposited for safe keeping in
his house; that the War boys had never returned to claim these
curiosities or trophies, and that the bags in which the “medicine” had
been kept had never been opened up until their seizure by the Court
Messengers. There was reliable evidence that a portion of the “medicine”
was Borfima, and it was apparent that some of the leather wrappings
round it had recently been repaired. From the evidence it was clear that
the prisoner had made use of the “medicine” for unlawful purposes, and
he was therefore found Guilty; but as he had been a great warrior and
had rendered valuable service to the Government during the 1898
Rebellion, a comparatively light sentence was passed on him.
Another Chief from yet another part of the country was indicted for
being in possession of Borfima without lawful authority. There was also
a second charge against him of having in his possession a Kukoi, i.e. a
special kind of whistle used for calling together members of the Human
Leopard Society. Information reached the District Commissioner of the
Island of Sherbro during the month of August, 1912, that the accused had
Borfima in his possession. This man was known to be of a rather
truculent disposition, and it was considered desirable that there should
be some show of force when his chief town was visited for the purpose of
effecting his arrest, as otherwise some resistance might have been met
with by the officers detailed for this duty. An armed party of the West
African Frontier Force accordingly made a surprise visit and surrounded
his house, and effected his arrest without any resistance being offered.
His house was then searched and a quantity of “medicines” found which
were produced in Court.
The accused admitted that the “medicines” belonged to him, but stated
that they had been left to him by his predecessor, and that during his
absence on one occasion while he was in Freetown they had been put in
his dwelling-house, and that he, fearing these “medicines,” had kept
them locked up in a leather bag. He further denied that any of the
“medicines” was Borfima. The witnesses for the prosecution all stated
that a portion of the “medicines” was Borfima, and it was apparent that
the wrappings of this particular “medicine” had been recently repaired.
The Court in delivering judgment pointed out that the accused, by
keeping this medicine in his possession, gave himself and others the
opportunity of using it, and that there was satisfactory evidence to
show that it was not kept for curiosity or for any legitimate object,
but for an unlawful purpose; however, as there was no evidence to show
that the Borfima had been taken to the scenes of any of the recent
murders, and there was no reason to believe it had, the Court took this
into consideration in deciding on the punishment to be imposed on the
accused. The sentence imposed was a term of two years’ imprisonment with
hard labour. The evidence regarding the Kukoi (whistle) was not
considered reliable, and on this charge he was found not guilty.
A number of other cases besides those mentioned occupied the time of the
Court for some weeks, and among them were a number of cases in which
prisoners were charged with being members of the Human Leopard Society.
As there were so many persons under arrest on this charge, the Crown
decided to proceed only against the important men concerned. Most of
these men were defended by counsel, who examined the witnesses for the
prosecution at great length, but in many cases they were unable to shake
their evidence. A number of these prisoners were proved to have been
present at various meetings of the Society at which the details of
several murders had been arranged, and the Court in giving judgment
stated that on the facts proved such persons were really accessories
before the fact to these murders and might on the evidence have been
found guilty on the capital charge had they been prosecuted for it, and
in those cases the Court felt compelled to pass the maximum sentence of
fourteen years’ imprisonment with hard labour.
The only other case of interest was one in which a man of some
importance in his chiefdom was charged with having in his possession
without lawful authority a certain article, to wit an iron needle of a
peculiar shape used for marking on initiation members of the HUMAN
LEOPARD SOCIETY.
The possession of this article is made an offence under the HUMAN
LEOPARD SOCIETY ORDINANCE, punishable with imprisonment up to fourteen
years. The case resolved itself chiefly into a discussion on a point of
law, the arguments in the case all turning on the word “branding.”
The case for the prosecution was that iron needles, made specially for
the purpose, were used in the following way: the needle was inserted
under the skin, the skin and flesh were raised, a razor then cut under
or over the needle in such a way as to make a small wound from which
blood flowed. A preparation called Nikori was then placed on the wound,
and the result was a peculiar scar or mark. It was contended that an
iron needle used for that purpose could be held to be a needle used for
branding persons.
For the defence it was argued by counsel that “branding” a person meant
applying a hot iron to his person, and that marking a person was not the
same as branding him; that the word “branding” by itself contained the
idea of burning, that the Statute was a highly penal Statute giving
exceptionally large powers to the Executive and imposing a heavy
punishment for breach of its provisions. It was further argued that the
needle was not even for “marking” members—that it was the razor which
actually made the mark; that although the needle might be used in the
process of marking it was no more used for “marking” the person than the
hand which held it.
[Illustration: THE PRISONERS OF A NATIVE CHIEFTAINESS, CRACKING
PALM-KERNELS.]
The Court held that the needle could not be held to be used for
“branding,” and found the accused not guilty, and he was discharged.
The Crown Prosecutor entered a _nolle prosequi_ in the case of a number
of other prisoners who had been committed for trial but against whom he
did not consider that he had sufficient evidence to justify him in
proceeding further, and these men, so far as the charges on which they
were committed for trial were concerned, were discharged from custody.
This completed the work of the Special Commission Court, which, after
sitting continuously from the 18th December, 1912, concluded its
sittings on the 15th May, 1913.
CHAPTER VIII
OTHER CASES OF LEOPARD MURDER; THE HUMAN BABOON SOCIETY
Although the work of the Special Commission Court was completed on the
15th May, 1913, there were at that date a large number of persons still
in custody who had not been committed for trial, and who therefore did
not come within the purview of that Court. It was decided that the
District Commissioner should hold an Enquiry under the Protectorate
Ordinance and report whether on the evidence given against any of these
men he considered such persons to be a danger to the peace of the
community.
The first enquiry made was in regard to charges preferred against a
number of men of the Imperri and Jung Chiefdoms of being connected with
the Human Leopard Society. Evidence was given by informers that all
these men were members of or connected with the Human Leopard Society,
and mention was made of a number of murders by the Society previously
unknown to the Authorities. Apart from the evidence of the informers
there was ample evidence to show that a number of these men had actually
assisted members of the Society, and the Governor-in-Council approved of
the deportation of twelve sub-chiefs and fourteen of the principle
Headmen of the Imperri and Jong Chiefdoms from the Northern Sherbro
District.
The next enquiry was in regard to charges made against thirty-six
sub-Chiefs and principal men of the Gallinas Chiefdom. Three informers
gave evidence that they had been members of the Human Leopard Society
and had, during their membership, been present at a number of murders,
each of these men admitting having given a victim himself and giving
details regarding the sacrifices. They said that all the persons who
were the subject of the enquiry were members of the Society, and
specified the various murders at which each of them had been present;
they also gave further evidence regarding the leopard mark and exhibited
the marks which they had received on initiation.
One of the witnesses was a boy aged eighteen years. His story was that
one evening in the previous year, as he was returning home from a visit
to a neighbouring village, night overtook him, and by mistake he took a
path leading to the Poro bush at Powolu, where he fell into a number of
people. He spoke to them, but no one answered. He then got afraid and
commenced to run away, when he was seized by some one who was assisted
by several others to make him a fast prisoner. He was then dragged
inside the Poro bush and a discussion took place, which he was able to
hear, as to whether they should kill him or not. The majority of the
members were for immediately killing him in accordance with the rules of
the Society, but it was pointed out that another victim had already been
secured, and further that as their prisoner was the son of a man of some
importance his absence might give rise to some awkward inquiries. It was
therefore agreed to give him the alternative of becoming a member of the
Society or of being immediately killed. The witness stated that he
agreed to join the Society. Borfima was then brought, and the “big man”
of the Society explained to him that the Borfima was the “mother” of the
Society and should be treated with the greatest veneration; that they
were its children and therefore brothers to each other, and in order to
join him to their brotherhood some of his blood had to be given to the
Borfima to drink; that when the blood was taken from him he should bear
the pain inflicted bravely and should not utter a sound, as otherwise it
would displease their “medicine” and might result in his being punished
in some unexpected way. The “Master” then marked him on the left buttock
by cutting a slice of flesh away and rubbing the blood that exuded from
the wound on to the Borfima. He was then made to swear an oath on the
Borfima not to reveal the secrets of the Society, and was forced to be
present and witness the killing of a girl who had been brought to the
Poro bush, and was made to eat some of the flesh of this victim.
Although there was no direct evidence apart from that of accomplices, it
was clear from the testimony of independent witnesses that all these
persons were so connected with the Society as to make it desirable to
have them removed from the Gallinas District, where it was stated they
exercised great influence over the people. All these men, with the
exception of eight sub-Chiefs who absconded to Liberia, have since been
deported to the Karina and Koinadugu Districts of the Protectorate.
[Illustration: LADIES OF THE SIERRA LEONE HINTERLAND.]
Some light was thrown on the means used to terrorize the ordinary
members of the community into keeping silence regarding anything they
may have heard concerning the crimes committed by the Society. When it
was discovered that the Government officers were making enquiries
regarding the Society an attempt was made “to swear” the whole
country—that is, to put all the people under an oath of secrecy. In one
Chiefdom this was done by swearing every one who was likely to be able
to give any information on a “medicine” called Tillah. If a person
breaks an oath on this “medicine,” even though he does so unwittingly,
the natives believe that the medicine will catch him and will infect him
with a disease which first attacks his lips and nose, which it eats
away, and which eventually kills him. There are a few lepers in this
Chiefdom, and they are pointed out as people who have broken, though
perhaps unintentionally, an oath taken on the Tillah.
Another exhibit which was produced in one of the cases before the
Special Commission Court was a stone image which is looked upon by the
Gallinas people in the light of a Deity. It is known by the name of
Toniahun. The meaning of the word Toniahun is “turn back to truth.” The
figure has been carved out from soapstone by some ancient sculptor, and
its features are more of the Arab than the Negro type. No woman will
look at this image for fear of becoming sterile, and they cover their
eyes if they approach it. This figure, notwithstanding its name, was
apparently also used for swearing persons on—i.e. to force them to state
that they knew nothing of the Human Leopard Society—and so great is the
fear of the Society and the various “medicines” employed by it that even
the parents of children who have been seized as victims cannot be
induced to assist the Authorities in bringing the guilty parties to
justice. Prior to July, 1912, no case of Human Leopardism or cannibalism
had ever been reported to have taken place in the Gallinas Country, and
the Authorities had no reason to suspect that any had taken place. It
was not until after a number of arrests had been made in other Districts
that it was brought to light that a flourishing branch of the Human
Leopard Society had existed in that District for many years, and details
of about a score of murders were given by members of the Society who had
turned informers. Although the existence of the Society must have been
known to hundreds of people, many of whom went about in terror of it,
the fear of the “medicines” of the Society acted as a sufficient
deterrent to keep the matter from the ears of all Europeans in that part
of the country, thus demonstrating the fear that an ordinary native has
of doing or saying anything which might bring him into collision with
the members of the Human Leopard Society, who might, with the aid of
their “medicines,” punish him in some fearful and unexpected way.
[Illustration: A NATIVE CHIEFTAINESS.]
The fact that the majority of the persons who were convicted or deported
under the Special Commission Court Ordinance were important members of
the Human Leopard Society must have the salutary effect of breaking up
for the time being this criminal organization; nevertheless, unless
vigorous measures are pursued and unless that part of the country is
more effectively policed, it is more than probable that the killing of
an occasional victim in order to renew their fetishes will be continued.
It must be a gradual evolution, which will be brought about by the
natives of those parts coming more in touch with European influence and
gradually losing faith in the potency of their “medicines.”
While the Special Commission Court was sitting three murders occurred in
the Koinadugu District, which hitherto as far as official knowledge goes
was entirely free from cannibalism of any kind. According to the
evidence given by a number of witnesses, the people of the Symira
Chiefdom had a very vexed question to settle in the selection from a
number of aspirants of a Paramount Chief as a successor to their late
Chief who died the previous year, and who left no near male relative who
could of right claim to succeed to the Chiefdom; and it was suggested by
these witnesses that the victims were provided as propitiatory offerings
by candidates for the Chiefdom.
A small girl aged about seven years was killed at Nerekora toward the
end of December, 1912; two days later another small girl about twelve
years of age was killed at Bafai; and early the following month another
girl aged about twelve to thirteen years was killed at Nerekora. All
these deaths were at first attributed to attacks by bush leopards, but
the evidence given by various witnesses was to the effect that these
three girls were murdered by members of the Human Leopard Society.
Another secret society known as the Human Baboon Society, which exists
in one of the northern Districts of the Protectorate, first came to
notice about five years ago, when a number of persons were charged
before the Circuit Court with the murder of a small child. During the
investigation connected with the death of the child, it came to light
that a number of persons in the vicinity of Port Lokkoh in the Karina
District had banded themselves together and had formed a society which
has since become known as the Human Baboon Society. In the case
mentioned no evidence could be obtained to corroborate the statements of
the informers, and the accused were found not guilty and discharged from
custody.
During the month of May, 1913, a small girl was killed near the village
of Bokamp, and, according to statements made by persons who turned
informers, she was murdered by members of the Human Baboon Society.
Their statements were to the following effect: That this Society was
formed about six years ago, and consists of twenty-one members made up
of eleven men and ten women; that seven victims, all young children, had
been provided at various times for the Society; that at their meetings
one of the members of the Society dresses himself in a Baboon skin and
attacks the victim with his teeth; that the spirit of all members of the
Society becomes centred in the person who is for the time being wearing
the Baboon skin, which, when not in use, is kept in a small forest,
where it is guarded by an evil spirit, and that the “Baboon” bites
pieces out of the victim which the other members of the Society devour.
The only explanation that the informers could or would give as to the
objects of the Society was that the founder of it had quarrelled with
his tribal ruler, who he alleged liberated one of the founders’ slaves
and placed him in authority over him; that he, the owner of the slave,
became so incensed that he turned himself into a “witch” and induced
others to join him in doing “evil things.”
Objects and reasons other than those given by the informers probably
exist, but it is doubtful whether they will ever be discovered.
The information in the hands of the Authorities, however, appears to be
sufficient to allow of effective measures being taken to put an end to
the existence of this Society.
_PART II_
CHAPTER IX
A NOTE ON SIERRA LEONE, PAST AND PRESENT
In acknowledging the congratulations of the people of Sierra Leone on
the occasion of his coronation, King George V referred to the Colony as
“my ancient and loyal Sierra Leone.” There is no question about the
Colony being an ancient one and one of the earliest though perhaps not
one of the brightest jewels of His Majesty’s now mighty Colonial Empire.
The harbour of Sierra Leone was discovered by the Portuguese towards the
end of the fourteenth century, and was named by its discoverers Sierra
Leone from supposing the mountains to abound in lions, though it has
also been asserted that the name was derived from the noise of the surf
on the shores, which resembles the roar of a lion.
At the present day there are no lions to be found along the coast of
tropical West Africa, but it is not improbable that they were numerous
in the days of the early Portuguese explorers and roared a challenge to
their ships when they put in to land.
[Illustration: EMPIRE DAY IN FREETOWN.]
The following lines by T. B. Rhodes in his “Bombastes Furioso,” apropos
of Col. Titus’ speech in the House of Commons on the Exclusion Bill on
the 7th January, 1681, shows that it was generally accepted as a fact
that lions abounded along the Coast of West Africa, which was the only
part of Tropical Africa known to Europeans in those days:—
“So have I heard on Afric’s burning shore
A hungry lion give a grievous roar:
The grievous roar echoed along the shore.
So have I heard on Afric’s burning shore
Another lion give a grievous roar,
And the first lion thought the last a bore.”
The coast-line and the rivers of Sierra Leone were explored by Pedro de
Cintra, a distinguished Portuguese navigator, in the year 1462, and this
constituted one of the last of the Portuguese discoveries carried on
under the direct influence and authority of Don Henry, the founder and
father of modern maritime discovery, who died the following year.
The record of the voyage so far as it affects Sierra Leone is described
as follows:—
“On quitting St. Jago we steered southerly by Rio Grande, which is on
the north of Ethiopia, beyond which we came to the high mountain of
Sierra Leone, the summit of which is continually enveloped in mist and
out of which thunder and lightning almost perpetually flashes and is
heard at sea from the distance of fifteen to twenty leagues.”
In 1481 the King of Portugal sent Susu, his ambassador, to Edward IV of
England, claiming title under the Bull of the Pope, and requested Edward
to forbid his subjects to navigate along the coast of Africa.
England first began to take an active interest in this part of Africa
about the middle of the sixteenth century. In 1551, in the reign of
Edward VI, some London merchants sent an English ship to trade for gold,
ivory, and Guinea pepper; and about three years later Captain John Lok
brought back a valuable cargo consisting of gold, ivory, and Guinea
pepper from what is now the Gold Coast Colony.
Sir John Hawkins landed at Sierra Leone on the 8th May, 1562, and it is
recorded of him that he was the first Englishman who gave public
countenance to the Slave Trade, which the Portuguese had been carrying
on for some years. He brought three ships and took cargoes of slaves
from Sierra Leone and other parts of West Africa and sold them to the
Spanish settlements in America. After Captain Hawkins returned to
England from his first voyage, Queen Elizabeth sent for him and
expressed her concern lest any of the African negroes should be carried
off without their free consent, which she declared would be detestable
and would call down the vengeance of heaven upon the undertakers; but it
is recorded that in the thirtieth year of her reign she was induced by
the subtle persuasion of some of her subjects to grant patents for
carrying on the slave trade from the north part of the Senegal to one
hundred leagues beyond Sierra Leone.
Sir John Hawkins made three voyages from the coast of Africa to the West
Indies and Spanish America with cargoes of slaves; and the good Queen
Bess, having overcome her scruples regarding this lucrative trade,
fitted out as a private enterprise two ships and sent them under the
command of Hawkins, who lost the whole of her money, the ships being
taken by the Spaniards. Sir Francis Drake, who at that time had command
of the barque of fifty tons called the _Judith_, escaped and returned to
England.
[Illustration: WHERE HAWKINS MAY HAVE LANDED FOR SLAVES.]
It is not surprising that the name of the great Elizabethan hero,
Hawkins, is not held in reverence by the inhabitants of Freetown, who
assert that, far from being a national hero, if he had lived in the
present day he would have been hanged for some of the acts committed on
their forbears. In this connection a story is told of a prominent Sierra
Leonean who, on hearing the words “Britons never shall be slaves” sung,
remarked with some feeling, to a near neighbour, “But they have
been—Julius Cæsar took them as slaves to Rome.”
Captain Keeling, who visited Sierra Leone in August, 1607, wrote the
following account of his visit:
“About 7 p.m. we anchored in twenty fathoms on hard sand, the south part
of Ilha Verde bearing E. and the Cape of Sierra Leone, which is a low
point, N. by E. about eight leagues distant. But the land over the Cape
is very high, and may be seen fifteen leagues off in clear weather.
About six next morning we made sail for the road, and had not less than
16, 15, 10 and 9 fathoms till we ranged north and south with the rocks
which lie about one and a half miles west of Cape Sierra Leone; and when
one mile from the nearest shore we had seven fathoms good shoaling
between us and the rock. Immediately when past the rock we had 20
fathoms, and shoaled to 18, 16, 12 and 10 fathoms all the way into the
roads, keeping very near the South shore; for a sand lies about two
miles from the North shore or a league from the South shore, and upon it
the sea continually breaks. We came to anchor in ten fathoms on good
ground, the point of Sierra Leone bearing W. by N., the north point of
the bay N. by W., and the sand or breaker N.N.E. In the afternoon we
were waved by some men on shore, to whom I sent my boat, which, leaving
two hostages, brought off four negroes, who promised us refreshments. My
skiff sounded between our anchorage and the breakers, finding fair
shoaling, with two fathoms water within two boats-length of the beach or
sand on which the sea breaks. All the previous observations of the
variation, since our coming from 2 N. latitude to this place proved
erroneous; for to each distance, having reference to any Meridian
eastwards, there must be added 30 leagues, and from such as referred to
western Meridians 30 leagues must be subtracted; for it appeared, by our
falling in with the land, that the ship was so much more westerly than
we supposed; myself, notwithstanding this error, being as much if not
more westerly than any of the Mariners. Yet every man must trust to his
own experience; for instruments may deceive, even in the hands of the
most skilful. The 7th August some negroes of a superior appearance came
aboard in my boat, for whom, as for all others, we had to leave one of
our men in hostage for every two of them. These made signs that I should
send some men up the country, and they would stay as hostages; I
accordingly sent Edward Bradbury and my servant William Cotterell with a
present to the Captain or chief, consisting of one coarse shirt, three
feet of bar iron, a few glass beads, and two knives. They returned
towards night, and brought me from the Captain one small gold earring
worth some eight or nine shillings; and as it was late the hostages
remained all night on board without any one in pawn for them. I sent my
boat, and brought off five tons of water, very good and easily come by.
[Illustration: THRESHING RICE, SIERRA LEONE PROTECTORATE.]
“I went ashore on the 11th, when the people came to us, accompanied by
their women, yet feared we might carry them away. We got plenty of
lemons very cheap, as they gave us 200 for a penny knife. The 13th I
bought an elephant tooth of 63 pounds weight for five yards of blue
calico and seven or eight pounds of bar iron. The 15th in an hour and a
half we took Six thousand excellent small fish called Cavallos. That
afternoon we bought two or three thousand lemons at the Village. It
rained so much at this place that we esteemed it a dry day when we had
three hours of fair weather. The 16th I allowed our weekly workers to go
on shore with me for recreation. In our walk we saw not above two or
three acres sown with rice—the surface of the ground being mostly a hard
rock. The 16th and 17th were quite fair; and on the latter I caused a
quantity of lemon-water to be made. The 20th John Rogers returned and
brought me a present of a piece of gold in form of a half-moon, worth
five or six shillings. He reported the people to be peaceable, the chief
without state, the landing to be two leagues up the river, and the
chief’s village eight miles from the landing. The 22nd I went on shore
and made six or seven barricos full of lemon juice; having opened a
firkin of knives belonging to the Company wherewith to buy limes. The
afternoon of the 7th September we went all on shore to try if we could
shoot an elephant, when we shot seven or eight bullets into him, and
made him bleed exceedingly, as appeared by his track; but night coming
on we had to go on board without effecting our purpose. The best road
and watering place is the fourth bay to the east of Cape Sierra Leone.
The tide where we rode flowed W.S.W., and the highest water upon a
spring tide was at the least 12 feet. I made no observation of the sun
in this road, neither aboard nor on shore, though I proposed to have so
done several times; but the Master made the road where we lay 8 36 N.,
Cape Sierra Leone being west, a league or four miles off. He also made
the variation 1 50 eastwards; but my instrument was out of order, and I
had not time to put it in repair. We weighed from Sierra Leone the 14th
September, with the wind all easterly; but it soon fell calm, and we
drove to the north, but drifted again S.W. by S., with the ebb, and when
the flood again made, we anchored in 15½ fathoms, Cape Sierra Leone
bearing N.E. by E. about seven leagues off. We had not less than ten
fathoms all this day. The 16th we found the current setting N. by W.”
William Finch, a British merchant who also visited Sierra Leone during
the year 1607, wrote the following lengthy and interesting account of
his visit:
“The island which we fell in with lieth some ten leagues south from the
bay of Sierra Leone in lat. 8 N., has no inhabitants, neither did I
learn its name. It has some plantains, and, by report, good watering and
wooding for ships; but about a league from the shore there is a
dangerous ledge of rock, scarcely visible at high water. The bay of
Sierra Leone is about three leagues broad, being high land on the South
side, full of trees to the very edge of the water, and having several
coves in which we caught plenty and variety of fish. On the farther side
of the fourth cove is the watering place, having excellent water
continually running. Here on the rocks we found the names of various
Englishmen who had been there. Among those was Sir Francis Drake, who
had been there twenty-seven years before; Thomas Candish, Captain
Lister, and others. About the middle of the bay, right out from the
third cove, lieth a sand, near about which there are not above two or
three fathoms, but in most other parts eight or ten close in shore. The
tide flows E.S.E., the highest water being six or eight feet, and the
tide is very strong. The latitude is 8 30 N.
“The King of Sierra Leone resides at the bottom of the bay, and is
called by the Moors Borea, or Captain Caran, having other petty kings or
chiefs under him; one whom he called Captain Pinto, a wretched old man,
dwells at a town within the second cove; and on the other side of the
bay is Captain Bolone. The Dominions of Borea stretch forty leagues
inland, from which he receives a tribute in cotton cloth, elephants’
teeth and gold; and has the power of selling his people as slaves, some
of whom he offered to us. Some of them have been converted to
Christianity by the Portuguese priests and Jesuits, who have a chapel,
in which is a table inscribed with the days that are to be observed as
holy. The King and a few of his principal attendants are decently
clothed in jackets and breeches; but the common people have only a
slight cotton-cloth round their waists, while the women have a kind of
short petticoat or apron down to their knees; all the rest of their
bodies, both men and women, being quite naked; the young people of both
sexes having no dress whatever. All the people, both men and women, have
all parts of their bodies very curiously and ingeniously traced and
pintred (tattooed), and have their teeth filed very sharp. They pull off
all the hair from their eyelids. The men have their beards short, black,
and cropped, and the hair on their heads strangely cut into crisped
paths or cross alleys; while others wear theirs in strange jagged tufts,
or other foolish forms; the women’s heads being all close shaved.
[Illustration: A NATIVE HUNTER]
“Their town contains not more than thirty or forty houses, all
irregularly clustered together, all thatched with reeds; yet each has a
kind of yard inclosed with mud walls like our hovels or hog-styes in
England. Instead of a locked and bolted door, the entrance is only
closed by a mat, having nothing to be stolen; and for bedsteads they
have only a few billets covered by a mat; yet some have hangings of
mats, especially about their beds. Their furniture consists of two or
three earthen pots to hold water, and to boil such provisions as they
can get; a gourd or two for palm wine; half a gourd to serve as a
drinking cup; a few earthen dishes for their loblolly or pottage; and a
basket or two for the Maria to gather cockles; and a knapsack for the
man, made of bark to carry his provisions, with his pipe and tobacco.
When a negro man goes from home he has always his knapsack on his back,
in which he has his provisions and tobacco, his pipe being seldom from
his mouth; besides which he has always his little sword by his side,
made by themselves of such iron as they get from the Europeans, his bow
also, and quiver full of poisoned arrows, pointed with iron like a
snake’s tongue, or else a case of javelins or darts having iron heads of
good breadth and made sharp, sometimes both. The men of this country are
large and well-made, strong and courageous, and civilized manners for
heathens; as they keep most faithfully to their wives, of whom they are
not a little jealous. I could not learn their religion, for though they
have some idols, they seem to know that there is a God in heaven, as,
when we asked them about their wooden puppets, they used to lift up
their hands to heaven. All their children are circumcised, but I could
not learn the reason why. They are very just and true in their dealings,
and theft is punished with instant death. When any one dies, a small
thatched roof is erected over his bier, under which are set earthen pots
kept always full of water, and some earthen plates with different kinds
of food, a few bones being stuck up around the body. To the South of
this bay, some thirty or forty leagues into the interior country, there
are very fierce people, who are cannibals, and sometimes infest the
natives of Sierra Leone.
“The inhabitants of Sierra Leone feed on rice, of which they only
cultivate what is indispensably needful for their subsistence, in small
patches near their dwellings, which they clear by burning the woods.
They likewise sow another very small grain, called pene, of which they
make bread, not much unlike winter savory. They rear a few poultry about
their houses, using no other animals for food, except when they
sometimes get a fawn of the wild deer, a few of which are found in the
mountains, or some wild fowl. They feed also on cockles and oysters, of
which there are vast quantities on the rocks and trees by the seaside,
but these have rather an insipid taste; and they catch plenty of
excellent fish, by means of weirs and other devices. They also feed on
herbs and roots, cultivating about their dwellings many plantains,
gourds, pumpkins, potatoes, and Guinea pepper.
“Tobacco likewise is planted by every one, and seems to constitute half
their food. The bowl of their tobacco pipe is very large, and made of
clay well burnt, into the lower end of which they thrust a small hollow
cane eighteen inches long, through which they suck the smoke, both men
and women swallowing most of it. Every man carries a small bag called a
tuffio in his knapsack, in which is his pipe and tobacco, and the women
have their pipes in their hands. They prepare their tobacco for smoking
by straining out its juice while quite green, and they informed us by
signs that it would otherwise make them drunk. They afterwards shred it
very small and dry on an earthen dish over the embers. On an island in
the bay we saw about half a dozen goats and nowhere else in this
country.
[Illustration: PICKING PALM-KERNELS.]
“They have innumerable kinds of fruits growing wild in the woods, in
which are whole groves of lemon trees, especially near the town and
watering place, and some few orange trees. Their drink is mostly water;
yet the men use great quantities of palmito wine, which they call moy,
giving little or none to the women. It is strange to see their manner of
climbing the palmito trees; which are of great size and height, having
neither boughs nor branches except near the top. Surrounding the tree
and his own body by means of a withe or band of twisted twigs, on which
he leans his back, and jerking up his withe before him, he foots it up
with wonderful speed and certainty, and comes down again in the same
manner, bringing his gourd full of liquor on his arm. Among their fruits
are many kinds of plums: one like a wheaten plum is wholesome and
savoury; likewise a black one, as large as a horse plum, which is much
esteemed and has an aromatic flavour. A kind called man-samillius,
resembling a wheaten plum, is very dangerous, as is likewise the sap of
the boughs which is perilous for the sight if it should chance to get
into the eyes. Among their fruits is one called benin-ganion, about the
size of a lemon with a reddish rind and very wholesome; also another
called bequill, as large as an apple, with a rough knotty skin which is
pared off, when the pulp below eats like a strawberry, which likewise it
resembles in colour and grain, and of which we eat much. There are
abundance of wild grapes in the woods; but having a woody and bitterish
taste. The nuts of the palmito are eaten roasted. They use but little
pepper and grains. There is a singular fruit growing six or eight
together in a bunch, each as long and thick as one’s finger, the skin
being of a brownish yellow colour and somewhat downy, and within the
rind is a pulp of a pleasant taste; but I know not if it be wholesome.
“I observed in the woods certain trees like beeches, bearing fruit
resembling beans, of which I noticed three kinds. One of these was a
great tall tree, bearing pods like those of beans, in each of which was
four or five squarish beans, resembling tamarind seeds, having hard
shells, within which is a virulent poison, employed by the negroes to
envenom their arrows. This they call Ogon. The second is smaller, having
a crooked pod with a thick rind; six or seven inches long, and half that
breadth, containing each five large beans an inch long. The third,
called quenda, has short leaves like the former, and much bigger fruit,
growing on a strong thick woody stock, indented on the sides, nine
inches long and five broad, within which are five long beans, which are
also said to be dangerous.
“I likewise saw trees resembling willows, bearing fruit like pease pods.
There is a fruit called Gola, which grows in the interior. This fruit,
which is enclosed in a shell, is hard, reddish, bitter, and about the
size of a walnut, with many angles and corners. The negroes are much
given to chew this fruit along with the bark of a certain tree. After
one person has chewed it a while, he gives it to his neighbour, and so
from one to another, chewing long before they cast it away, but
swallowing none of its substance. They attribute great virtues to this
for the teeth and gums; and indeed the negroes are usually as well
toothed as horses. This fruit passes also among them for money.
“Higher within the land they cultivate cotton, which they call innuma,
and of which they spin very good yarn with spindles, and afterwards very
ingeniously weave into cloths, three quarters of a yard broad, to make
their girdles or clouts formerly mentioned; and when sewed together it
is made into jackets and breeches for their great men. By means of a
wood called cambe they dye their purses and mats of a red colour.
“The tree on which the plantains grow is of a considerable height, its
body being about the thickness of a man’s thigh. It seems to be an
annual, and, in my opinion, ought rather to be reckoned among reeds than
trees; for the stem is not of a woody substance, but compacted of many
leaves wrapped close upon each other, adorned with leaves from the very
ground instead of boughs, which are mostly two yards long and a yard
broad, having a large rib in the middle. The fruit is a bunch of ten or
twelve plantains, each a span long and as thick as a man’s wrist,
somewhat crooked or bending inwards. These grow on a leafy stalk on the
middle of the plant, being at first green, but grow yellow and tender as
they ripen. When the rind is stripped off, the inner pulp is also
yellowish and pleasant to the taste. Beneath the fruit hangs down, from
the same stalk, a leafy sharp-pointed tuft, which seems to have been the
flower. This fruit they call banana, which they have in reasonable
abundance. They are ripe in September and October. We carried some with
us green to sea which were six weeks in ripening.
“Guinea pepper grows wild in the woods on a small plant like privet,
having small slender leaves, the fruit being like our barberry in form
and colour. It is green at first, turning red as it ripens. It does not
grow in bunches like our barberry, but here and there two or three
together about the stalk. They call it bangue.
“The pene of which their bread is made grows on a small tender herb
resembling grass, the stalk being all full of small seeds, not inclosed
in any husk. I think it is the same which the Turks call cuscus, and the
Portuguese Yfunde.
“The palmito tree is high and straight, the stalk being knotty and the
wood of a soft substance, having no boughs except at the top and these
also seem rather reeds than boughs, being all pith within inclosed by a
hard rind. The leaf is long and slender, like that of a sword-lily or
flag. The boughs stand out from the top of the tree on all sides, rather
more than a yard long, beset on both sides with strong sharp prickles,
like the saw teeth but longer. It bears a fruit like a small cocoa-nut,
the size of chestnut inclosed in a hard shell, streaked with threads on
the outside, and containing a kernel of a hard horny substance quite
tasteless, yet they are eaten roasted. The tree is called tobell and the
fruit bell. For procuring the palmito wine they cut off one of the
branches within a span of the head, to which they fasten a gourd shell
by the mouth, which in twenty-four hours is filled by a clear whitish
sap, of a good and strong relish, with which the natives get drunk.
“The oysters formerly mentioned grow on trees resembling willows in
form, but having broader leaves, which are thick like leather, and
having small knobs like those of the cypress. From these trees hang down
many branches into the water, each about the thickness of a
walking-stick, smooth, limber, and within, which are overflowed by every
tide and hang as thick as they can stick of—oysters, being the only
fruit of this tree.
“They have many kinds of ordinary fish, and some of which seemed to us
extraordinary, as mullets, rays, thorn-backs, old-wives with prominent
brows, fishes like pikes, gar-fish, cavallios, like makerel,
sword-fishes having snouts a yard long toothed on each side like a
saw-shark’s, dog-fish sharkers, resembling sharks but having a broad
flat snout like a shovel, shoemakers, having pendants at each side of
their mouths like barbels, and which grunt like hogs, with many others.
We once caught in an hour 6,000 fishes like bleaks. Of birds there are
pelicans as large as swans, of a white colour, with long and large
bills; herons, curlews, boobies, ox-eyes, and various other kinds of
water-fowl. On land great numbers of grey parrots, and abundance of
pintados or Guinea fowls, which are very hurtful to their rice crops.
There are many other kinds of strange birds in the woods, of which I
knew not the names; and I saw among the Negroes many porcupine quills.
There are also great number of monkeys leaping about the trees, and on
the mountains there are lions, tigers and ounces. There are but few
elephants, of which we only saw three; but they abound further inland.
The negroes told us of a strange beast, which our interpreter called a
carbuncle, which is said to be often seen, but only in the night. This
animal is said to carry a stone in the forehead, wonderfully luminous,
giving him light by which to feed in the night, and on hearing the
slightest noise he presently conceals it with a skin or film naturally
provided for the purpose. The commodities here are few, more being got
farther to the eastwards. At certain times of the year the Portuguese
got gold and elephants’ teeth in exchange for rice, salt, beads, bells,
garlick, French bottles, edge-tooles, iron barrs, and sundry specious
trifles, but for your toyes they will not give gold in this place but
victuals.”
In 1615 Sierra Leone was visited by the _Unity_, a ship of 360 tons, of
which William Cornelison Schonten was the master. This visit is
described as follows:—
“On the 1st August we came in sight of the high land of Sierra Leone, on
the 21st of that month, as also of the island of Madre Bomba, which lies
off the south point of Sierra Leone and north from the shallows of the
island of St. Ann. This land of Sierra Leone is the highest of all that
lie between Cape Verd and the coast of Guinea, and is therefore easily
known.
“On the 30th August they cast anchor in eight fathoms water on a fine
sandy bottom near the shore and opposite a village or town of the
negroes in the road of Sierra Leone. This village consisted only of
eight or nine poor thatched huts. The moorish inhabitants were willing
to come on board to trade, only demanding a pledge to be left on shore
for their security, because a French ship had recently carried off two
of the natives perfidiously. Aris Clawson, the junior merchant or
supercargo, went accordingly on shore, where he drove a small trade for
lemons and bananas in exchange for glass beads.
“In the meantime some of the natives came off to the ship, bringing with
them an interpreter who spoke many languages. They here very
conveniently furnished themselves with fresh water, which poured down in
great abundance from a very high hill, so that they had only to place
their casks under the waterfall. There were here whole woods of
lemon-trees, and lemons were so cheap that they might have had a
thousand for a few beads and ten thousand for a few common knives, so
that they easily procured as many as they wished, and each man had 150
for sea store. The 3rd September they found a vast shoal of fish
resembling a shoemaker’s knife. They left Sierra Leone on the 4th
September.”
[Illustration: “THE HIGH LAND OF SIERRA LEONE,” WITH HILL STATION IN THE
FOREGROUND.]
The next recorded visit to Sierra Leone was that of the _Desire_, whose
Master was Thomas Candesh, and this visit is described as follows:—
“They made Sierra Leone on the 23rd August, and reached its southern
side on the 25th, where they had five fathoms of the lowest ebb; having
had for about fourteen leagues, while running into this harbour, from
eight to sixteen fathoms. At this place they destroyed a negro town
because the inhabitants had killed one of their men with a poisoned
arrow. Some of the men went four miles up the harbour in a boat on the
3rd September, where they caught plenty of fish, and going on shore
procured some lemons. They saw also some buffaloes, on their return to
the ship. On the 6th they went out of the harbour of Sierra Leone and
staid one tide three leagues from the point at its mouth, the tide there
flowing S.W.
“The 7th they departed for one of the islands which lie about ten
leagues from the point of Sierra Leone, called the Banana Isle, and
anchored that same day off the principal isle, on which they only found
a few plantains.”
In 1622 a Dutch fleet consisting of eleven vessels put into the harbour
of Sierra Leone, where they stayed for about three weeks. The visit is
described as follows:—
“They anchored in the road of Sierra Leone on the 11th August. Here on
the 15th some of the crew being on shore ate freely of certain nuts
resembling nutmegs, which had a fine taste, but had scarcely got on
board when one of them dropt down dead, and before he was thoroughly
cold he was all over purple spots. The rest recovered by taking proper
medicines. Sierra Leone is a mountain on the Continent of Africa
standing on the South side of the mouth of the river Mitomba, which
discharges itself into a great bay of the sea. The road in which ships
usually anchor is in Lat. of 8° 26 N. This mountain is very high and
thickly covered with trees, by which it may be easily known, as there is
no mountain of such height anywhere upon the coast. There grows here a
prodigious number of trees producing a small kind of lemons called
limasses (limes), resembling those of Spain in shape and taste, and
which are very agreeable and wholesome if not eaten to excess. The fleet
arrived here at the season when this fruit was in perfection, and having
full leave from the natives the people eat them intemperately, by which
and the bad air the bloody flux increased much among them, so that they
lost forty men between the 11th August and the 5th September.
“Sierra Leone abounds in palm trees, and has some Ananas or Pine-apples
with plenty of wood of all sorts, besides having anchorage. They sailed
from Sierra Leone on the 4th September, on which day the Admiral fell
sick.”
In 1730 the Merchants of Havre and Nantz sent out some armed merchant
vessels with the alleged object of exterminating the pirates in Pirates’
Bay, Sierra Leone; history is silent as to the result of this
expedition. They visited the Colony of Gambia and destroyed some trading
centres owned by Englishmen.
By an Act of Parliament of 1763, 4 George III, Chapter 20, Senegal and
its Dependencies became vested in a Company which is described as the
Company of Merchants Trading in Africa, and by an Act of the following
year the property of the Company became vested in His Majesty King
George the Third, and the trade to Africa was declared open to all his
subjects, the officers and servants on the Coast being forbidden to
export negroes on their own account.
The Peninsula of Sierra Leone was purchased in 1787, and a number of
freed slaves and about sixty white women arrived from England the same
year. The Sierra Leone Company, which had been formed for philanthropic
purposes, was established by Act of Parliament, 31 George III, Chapter
55, of the 1st July, 1791, for a period of thirty-one years, and
annulled on the petition of the Company by an Act transferring to His
Majesty certain possessions and rights vested in the Company, and for
shortening the duration of the said Company and for preventing any
dealing or trafficking in buying or selling slaves within the Colony of
Sierra Leone on the 8th August, 1807. The Colony was formally
transferred to Governor Ledlum for the Crown on the 31st January, 1808.
Apart from anything else, Sierra Leone, on account of its very close
association with the abolition of the slave trade and the efforts made
to promote civilization in West Africa and to convert the natives to
Christianity, will always appeal to the sentiment of a large section of
the English public.
It was the famous ruling of Lord Chief Justice Mansfield in 1772 that a
slave setting foot in England became free, which inspired William
Cowper’s stirring lines:—
“Slaves cannot breathe in England: if their lungs
Receive our air, that moment they are free;
They touch our country and their shackles fall.”
* * * * *
“Freedom has a thousand charms to show
That slaves, howe’er contented, never know.”
Although the slave trade was abolished over a century ago, slavery still
exists in many parts of West Africa, and it was in a great measure due
to the raids by the Sofas and intertribal wars for the purpose of
obtaining slaves that a Protectorate was in 1896 declared over the
territory adjacent to the Colony of Sierra Leone. Domestic slavery still
exists, but it is a kind, patriarchal sort of slavery, and slaves are
allowed to purchase their freedom by paying, in the case of an adult, a
sum not exceeding £4, and in the case of a child a sum not exceeding £2;
many of them prefer to remain as domestic slaves or retainers, or, as
they describe it, “sit down to some person” who makes himself
responsible for their welfare. Their position is somewhat similar to
that of the serf under the old English feudal system.
All dealing in slaves has been made unlawful, and heavy penalties are
provided for any breach of this provision, whilst every slave or other
person who shall be brought or induced to come within the limits of the
Protectorate in order that such person shall be dealt or traded in,
sold, purchased or transferred as a pledge or security for debt, is
declared to be free. The principles underlying the administration of the
Protectorate have been to recognize as between natives the use of native
customs and laws, and to preserve the authority of the native rulers
while preventing any acts of aggression on their part.
The Protectorate Courts Jurisdiction Ordinance, 1903, provides that in
the Court of the District Commissioners or the Circuit Court judicial
cognizance may be taken of any law or custom not being repugnant to
natural justice. Courts of Native Chiefs are also recognized by the
above Ordinance, and such Courts are declared to have jurisdiction
according to native law and custom to hear and determine all civil cases
arising exclusively between natives, other than a case involving a
question of title to land between two or more Paramount Chiefs, and all
criminal cases arising exclusively between natives, other than Murder,
Slave-raiding, Cannibalism, and a few other of the more serious
offences, provided that the Chief shall in no case be permitted to
inflict punishment involving death, mutilation, or grievous bodily harm;
formerly it was the custom to hand over the wrong-doer to the injured
party, who could take his life or keep him as a slave until such time as
he or his family paid a sufficient sum to have him redeemed.
The administration by the native rulers is kept under close observation,
and they are encouraged to educate themselves in the application of
their own code. Each chief has his advisers or counsellors, some of whom
are selected by himself and others elected by the people. When a chief
dies it is not customary to announce the fact at once—his chief speaker
would announce first that he was suffering from a bad sickness, and was
therefore unable to attend the affairs of State, later he would announce
that he had gone to Futah—Futah Jalloh being in the eyes of the natives
a land rich in cattle and everything that they most desire. Steps would
then be taken to elect a new chief. The person usually selected would be
the senior male member of the deceased’s family, though they sometimes
go to the female side, as there is no Salic law to prevent such a
course. The person nominated is taken to a hut on the outskirts of the
town near the burial-place of the chief, where he lives out of sight of
all persons for two or three months; during this period he is supposed
to hold high converse with the mighty dead, and learn from them how to
govern wisely and well. After the lapse of this period the principal men
of the chiefdom visit him, and he is escorted into the town, which gives
itself up to wild enthusiasm. The chief elect is carried round the town
by a struggling, shouting mob, and at this stage it is permissible for
any one to strike him. The reason given for this ceremony is that it
enables the chief to feel the pain he will have in his power to inflict
on others, and in consequence it may teach him compassion. After the
chief has been formally elected and acclaimed, his body is sacred. Among
the Mendes, women are frequently elected to the chieftainship; a
chieftainess does not marry, but may have a consort, whom she changes at
will. She is also permitted, contrary to a strict rule regarding other
women, to join the Poro Society. The Bundu Society, a women’s society
which corresponds with the Poro for men, plays a very important part in
native life among the Mendes and Temnes. Bundu girls have to undergo
during their novitiate period an operation somewhat similar to that
performed on the Poro boys, and their backs and loins are cut in such a
manner as to leave raised scars which project above the surface of the
skin. They also receive their Bundu names by which they are afterwards
known. Their release from the Bundu bush is carried out with great
ceremony, and they are usually accompanied by persons wearing hideous
masks who personate Bundu devils. A procession is formed, which marches
through the town or village accompanied by musicians, who play on a
collection of instruments consisting of drums, rattles and timbrels. A
halt is made in the centre of the town and the girls are publicly
pronounced marriageable.
[Illustration: BUNDU GIRLS AND BUNDU DEVILS.]
The price paid for a wife varies according to the social position of the
parties, but the usual price is between £3 and £5, though a man who has
married a shrew will often sell her second-hand for a few shillings.
The majority of the people of the Protectorate are Pagans, but
Mohammedanism is rapidly spreading among them; and as no good Mohammedan
ever touches spirits, the advance of this faith may go a long way to put
a stop to the consumption of trade gin, which is the curse of the Coast.
The Government is doing everything possible to discourage its use as
currency, and the principle of local option has been encouraged with
good effect. One large District and portions of two other Districts have
been declared prohibited areas into which no spirits can be lawfully
imported.
One other matter which the Local Government is doing that is likely to
result in much good is the effort being made to instruct the native
chiefs and their people in sanitation and to teach them an elementary
knowledge of hygiene.
The Colony and Protectorate of Sierra Leone at the present time comprise
an area of approximately 30,000 square miles, and the population, given
at the census taken in 1911, is 1,400,000. The Colony has an area of
only 256 square miles and a population of 75,000, of which about 600 are
Europeans; it is of course the Colony that has so often been referred to
in song and story on account of the evil reputation of its climate; it
is a case of “give a dog a bad name and it sticks to him.”
Sierra Leone was and is still known, though now quite undeservedly, as
the White Man’s Grave. Mrs. Falconbridge, the wife of one of the early
agents of the Sierra Leone Company, records that during her residence in
the Colony (1793–4) it was usual to ask in the morning “how many died
last night.” This can still be heard in Freetown as a form of morning
greeting, but it now helps to start the day with a laugh, and that in
West Africa is about the best tonic known.
Captain Chamiers, in his “Life of a Sailor,” says: “I have travelled
east, I have travelled west, north and south, ascended mountains, dived
in mines, but I never knew and never heard mention of so villainous and
iniquitous a place as Sierra Leone. I know not where the Devil’s Poste
Restante is, but the place must surely be Sierra Leone.”
Burton, in commenting on the above on the occasion of a visit paid to
Freetown, the capital of the Colony, prior to writing his interesting
book “Wanderings in West Africa,” says in justice to the place, “Here,
as elsewhere, the saying may hold good that a certain person may,
perhaps, not be so black as he is painted.”
The educated Sierra Leonean is proud of the fact that the great Milton
in “Paradise Lost” referred to Sierra Leone, even though it was only in
connection with the awe-inspiring tornado to which the Colony is
frequently subject, in those lines:
“With adverse blast upturns them from the South
... black with thund’rous clouds from Sierra Leone.”
Sierra Leone as it exists to-day is, owing to segregation and up-to-date
sanitation, comparatively healthy for Europeans. The progress of the
Colony has been phenomenal during the last fifteen years, and the credit
is chiefly due to two energetic and far-seeing Governors in the persons
of Sir Frederick Cardew and Sir Leslie Probyn, who foresaw the great
benefit that would accrue by opening up the Protectorate, and this has
been done by building lines of railway into the rich palm-kernel belts
and encouraging the natives to gather the natural products of the
country for export.
The revenue of the Colony, which in 1898 was only £117,000, had
increased to £618,000 in 1913, and although the expenditure has
proportionately increased, the finances of the Colony may be looked upon
as satisfactory.
Freetown, the chief port and the seat of the Government, is a city with
a population of about 35,000 inhabitants, of which about two-thirds
belong to a class known as Creoles, the majority of whom are the
descendants of the liberated slaves. It is beautifully situated, at the
foot of a circle of hills on the summits of which are barracks belonging
to the Garrison Artillery, the West India and the West African Regiment;
and a short distance beyond lies Hill Station, the residence of the
majority of the European officials stationed in the Colony—Sugar Loaf, a
beautiful wooded mountain which rises to a height of nearly 3,000 feet,
forming a picturesque background. Altogether the natural beauties of
Freetown and its surroundings are many, though it is frequently asserted
by the jaded or bored temporary resident, that to enjoy the view really
one must see it from the stern of one of Messrs. Elder, Dempster’s ships
homeward bound.
[Illustration: COTTON TREE STATION, 9 A.M. BUNGALOW TRAIN, FREETOWN.]
In regard to the temporary resident—which every European must consider
himself, as, even with the greatest progress possible, Sierra Leone can
never be regarded as other than a black man’s country—a discussion
recently took place at a meeting of the members of the Hill Station
Sports Club on the interpretation of the words “permanent residents” and
“ordinary members” of the Club. One member humorously moved the deletion
of the words “permanent” and “ordinary,” assigning as his reason that
the only European “permanent” members were those in the cemetery, and
that there was a misuse of the word “ordinary” as no one who was
ordinary ever came to West Africa; needless to say the proposal was
carried _nem. con._ The European officials and officers of the garrison
are well provided for in the way of means of recreation. There are
numerous tennis courts, a golf link, stickie and squash courts, and a
cricket ground—and there is no doubt that the fact of being able to take
healthy and pleasant exercise reacts favourably on the health generally
of the white community. Hill Station is situated nearly 1,000 feet above
sea level and in the midst of most beautiful surroundings, and here the
European official can enjoy the refreshing breezes from the broad
Atlantic after leaving his office and the used-up atmosphere of
Freetown. The Station is connected by a line of rails six miles in
length with Freetown. The train is naturally not a “flying Scotchman,”
and some years ago the Railway Department were practising economy by
feeding their engines with firewood instead of coal; however, the train
service at present is as good as can be expected, and there are a
sufficient number of trains to meet the requirements of residents.
Hill Station is fortunate in having an excellent water supply laid on to
all the bungalows, which are roomy and comfortable; and, all things
considered, the Colonial Official’s lot in Sierra Leone is not an
unhappy one.
In the streets of Freetown there are natives of many races to be seen.
Chief among them are the Mendes and Temnes, but there are also many
Mandingos, Susus and Limbahs. The market women of Freetown, chiefly
Creole, are also one of the features of the place. They are keen
business women, and look upon it almost as a matter of honour to haggle
over the smallest commercial transaction. There are of course many
Creole traders who have shops of their own, where anything from a bag of
sand to a pearl necklace can be purchased, but the chief trade is in the
hands of European firms. The educated Creole youth usually looks for
employment as a clerk, and when once he has attained that object he
makes little further effort to improve his position.
According to the last census the Creole population shows a decrease of
over 6 per cent. during the ten years under review, while the other
native races in the Colony show a considerable natural increase. The
ordinary Creole has always shown a marked antipathy to agriculture, and
the principle here applies that when a nationality declines to cultivate
the earth, the first industry of life, that nationality has a tendency
to decrease.
Mission enterprise has not been a success in West Africa, and this is
probably due to the fact that the first stage in converting the pagan is
the effort made to break down his superstitious beliefs in good and evil
spirits, which are matters of the gravest importance in his social life.
Witches and vampires are still in fashion among them, and belong to the
good old-fashioned variety which come to your bedroom in the dead of
night, sit on your chest and suck your blood. It is not unusual to hear
even the more or less educated native complain that he has passed a most
unpleasant night because “witches” have visited him.
It is certainly no compliment to call a lady in this country a witch;
she is liable to be maltreated and even beaten to death, and it is not
uncommon for the police to be asked to protect a Freetown lady who is
suspected of being a witch.
[Illustration: FREETOWN FROM THE HARBOUR.]
It would appear from the criminal statistics that Freetown has a
demoralizing effect on the aboriginal native who comes from the
Protectorate to trade or obtain employment, and this is probably due to
the fact that he is free from tribal authority and that his
superstitious belief does not present any obstacle to his helping
himself to the white man’s property.
There is very little stigma attached to imprisonment, which, after all,
is the chief deterring factor in civilized countries; it does not
necessarily follow that a scale of punishments suitable for offences
committed by a civilized people is suitable for offences committed by an
uncivilized people, and there are strong arguments in favour of allowing
corporal punishment to be inflicted as well as imprisonment for offences
committed by uneducated natives. Imprisonment to the educated native is
of course a real punishment, though the social consequence following it
would not be as serious as in the case of a European.
Commercially the importance of Sierra Leone is small as compared with
its easterly neighbours, the Gold Coast Colony with its hinterland
Dependencies of Ashanti and the Northern Territories, and the huge new
Colony of Nigeria made up of three older Colonies, but of all our West
African Colonies Sierra Leone is probably the best known to the British
public, and with the fine harbour and important coaling station at
Freetown, its capital, Sierra Leone is a valuable link in the great
chain of Imperial communication.
APPENDIX
DESPATCH FROM THE GOVERNOR OF SIERRA LEONE REPORTING ON THE MEASURES
ADOPTED TO DEAL WITH UNLAWFUL SOCIETIES IN THE PROTECTORATE
THE GOVERNOR TO THE SECRETARY OF STATE
(Received 21 July, 1913.)
GOVERNMENT HOUSE, SIERRA LEONE,
_9th July, 1913_.
SIR,
I have the honour to transmit, for your information, a report on the
steps taken to deal with unlawful societies in the Protectorate.
I have, &c.,
E. M. MEREWETHER,
Governor.
Enclosure.
REPORT ON THE MEASURES ADOPTED TO DEAL WITH UNLAWFUL SOCIETIES IN
THE SIERRA LEONE PROTECTORATE.
For a number of years past the Northern Sherbro district has been the
principal field for the operations of an organization which goes under
the name of the Human Leopard Society. It has not yet been decided
whether the object of the Society is merely to satisfy the craving which
some savages have for human flesh, or whether the eating of human flesh
is only part of some ceremony which is believed to have the effect of
increasing the mental and physical powers of the members of the Society.
Whatever the object is, the result is a very powerful and widespread
secret organization, to which most, if not all, of the principal men of
certain districts belong.
2. Several cases of murder committed by this Society have at various
times come before the Circuit Court, and convictions have been obtained,
but the full extent of the Society’s operations was not brought to light
until last year, when the District Commissioner received information
that from 20 to 30 murders had been committed since the year 1907, the
Imperri sub-district and the country round Pujehun being the principal
centres of the trouble.
3. The District Commissioner reported the matter to the Government at
the end of July, and proceeded to arrest the persons who appeared to be
implicated. By the middle of October 336 persons had been arrested,
including several Paramount Chiefs and leading men from the different
chiefdoms. A company and a half of the West African Frontier Force were
sent down to the Northern Sherbro District to preserve order and assist
in guarding the prisoners.
4. The only direct evidence against the persons arrested was found in
the statements of certain of their number who turned King’s evidence.
These men admitted that they themselves were members of the Human
Leopard Society, and described what had taken place at the various
murders in which they had taken part.
5. In many cases there was no corroborative evidence, and all attempts
to obtain such evidence proved fruitless, a very strong oath of secrecy
having clearly been imposed on all the people. Even the relatives of the
victims, who were in most cases young boys and girls, were afraid to
give information.
6. It soon became clear that, although the District Commissioner and his
assistants relied on being able to prove a special mark indicating
membership of the Society, there was not sufficient evidence against
many of the persons arrested to justify their being committed for trial.
Accordingly, in order to assist the District Commissioner, who was
overwhelmed with work, the Solicitor-General was sent to the Northern
Sherbro District with instructions to go into the cases with him and
ascertain in how many there was a sufficiently strong _prima facie_ case
against the accused.
7. The result of the Solicitor-General’s enquiry was: out of 336 persons
who were detained in custody at Pujehun and Gbangbama, 42 were committed
for trial, three turned King’s evidence, and 291 were discharged after
the preliminary enquiry had been held. Later on, 66 other persons were
arrested, all of whom were committed for trial on various charges. The
total number committed was, therefore, 108.
8. The state of things disclosed by the reports of the District
Commissioner was so serious, and the pernicious influence of the Human
Leopard Society appeared to be so widely spread, that it was considered
necessary, in order to deal adequately with the situation, to give the
Government special powers. The Human Leopard and Alligator Societies
Ordinance of 1909 was accordingly amended in the following particulars:—
(_a_) The two Societies were declared to be unlawful societies.
(_b_) Power was given to the Governor to proclaim any chiefdom in
which a murder had been committed in connection with an unlawful
society, and to the District Commissioner to arrest and detain
any person in a proclaimed chiefdom on a warrant under his hand.
(_c_) It was made an offence to be a member of an unlawful society,
or to take part in the operations of any such society or of any
meeting of an unlawful society. The effect of this provision was
made retrospective.
(_d_) Powers of search were given to the police in the Colony, and
to court messengers and the West African Frontier Force in the
Protectorate.
(_e_) Power was given to the Governor-in-Council to order the
expulsion of any alien convicted under the Ordinance and
sentenced to imprisonment on the expiration of his term of
imprisonment. A copy of the amending Ordinance (No. 17 of 1912)
is attached.
9. It was further considered necessary to appoint a special tribunal to
deal with offences committed by members of unlawful societies, for the
following reasons:—
(1) The number of cases to be heard and the number of persons
committed for trial was so large that it would have been
impossible for the Judge of the Circuit Court to hear them
without seriously interfering with the ordinary criminal and
civil work of the Court.
(2) In the Circuit Court, native chiefs sit with the Judge as
assessors, and as it appeared from the reports of the District
Commissioner that many of the Paramount Chiefs in his District
were implicated in the crimes of the Human Leopard Society,
there was a danger of the Assessors being in sympathy with the
persons whom they would be called upon to try.
10. An Ordinance was accordingly passed empowering the Governor to
appoint a Court or Courts of Special Commissioners for the trial of
persons charged with offences committed in connection with unlawful
societies, whether before or after the commencement of the Ordinance,
and defining the powers and jurisdiction of the Court. A copy of the
Ordinance (No. 18 of 1912) is attached, together with a copy of
Ordinance No. 21 of 1912, by which certain amendments in matters of
detail were made.
11. Under Section 2 (2) a Special Commission Court consists of three
persons, one of whom must be a judge or barrister or solicitor of the
Supreme Court of the Colony or of any other Court in the British
dominions, and one of the members is appointed to be President of the
Court. By Section 10 the powers conferred by Sections 5 and 6 of the
Human Leopard and Alligator Societies Amendment Ordinance, 1912, and
various other powers conferred by the Human Leopard and Alligator
Societies Ordinance of 1909 are extended to persons convicted by a
Special Commission Court.
12. It was recognized that, in view of the terror inspired by the
Society and the oath of secrecy which was believed to have been imposed
on the people of the District, there would be great difficulty in
obtaining evidence; and that persons of whose connection with the
Society there was no moral doubt whatever might be acquitted for want of
sufficient evidence to satisfy legal requirements. Section 11 of the
Ordinance accordingly provides that in any such case, if the Court is of
opinion, after hearing all the evidence, that it is expedient for the
security, peace or order of the District that the accused person should
be expelled from the District, the Court may, notwithstanding his
acquittal, send to the Governor a report of the case, and thereupon the
accused may be expelled from the Colony and Protectorate.
13. The importance of having an officer of high legal attainments, and
one who had had previous experience of West Africa, as President of the
Court was obvious, and the Government was fortunate in being able to
secure the services of Sir William Brandford Griffith, late Chief
Justice of the Gold Coast. The other members of the Court, as it was at
first constituted, were Mr. A. Van der Meulen, Solicitor-General, and
Mr. K. J. Beatty, Police Magistrate, both of whom are barristers-at-law.
Later on, Mr. Van der Meulen went on leave, and his place was taken by
Lieutenant-Colonel H. G. Warren, District Commissioner of the Karene
District.
14. The Court commenced its sittings on the 16th December. Owing to the
large number of prisoners and witnesses, all of whom resided in the
Northern Sherbro District, it was decided that the Court should sit at
Gbangbama, in the Imperri chiefdom. The Crown was represented by Mr. E.
D. Vergette, Crown Prosecutor, assisted by Major R. H. K. Willans,
Acting District Commissioner, and Mr. C. S. H. Vaudrey, Assistant
District Commissioner. The prisoners were all represented by counsel.
15. The trials were conducted with the utmost care and patience. The
hearing of the first case occupied 11 days, of the second 36 days, and
of the third 28 days. The other cases were disposed of more rapidly.
16. In the third case the question of the initiation mark alleged to be
borne by members of the Human Leopard Society was very carefully gone
into. The accomplices showed the mark on their own persons, and
described how it was made. They also pointed out marks on the prisoners
which they alleged to be the mark of the Society. Unfortunately, their
evidence in some instances was contradictory, and they identified
different marks on the same person as being the initiation mark.
Moreover, it was proved, by taking persons haphazard in the Court who
were not suspected of any connection with the Society, that it was
hardly possible to distinguish the alleged Human Leopard mark from scars
caused by disease or slight injuries. The Court was, therefore, unable
to accept the mark as evidence of membership of the Society.
17. In view of this ruling, it was obviously useless to proceed with
cases in which the alleged mark formed the only corroboration of the
evidence of accomplices, and it was decided to enter a _nolle prosequi_
in such cases.
[Illustration: VIEW FROM GOVERNMENT HOUSE, FREETOWN.]
18. Out of 108 persons committed by the District Commissioner, 34 were
brought to trial, 71 were released after a _nolle prosequi_ had been
entered, and three died before trial. Of the persons brought to trial,
nine were convicted of murder and 10 others of lesser offences, the
remaining 15 being acquitted. Seven of the nine men convicted of murder
were executed, and in the case of the other two the capital sentence was
commuted for one of imprisonment for life. Of the 15 persons who were
acquitted 11 have since been expelled from the Colony and Protectorate
on the recommendation of the Court; and by arrangement with the
Government of Southern Nigeria those who have been sentenced to
imprisonment will be transferred to Lagos to undergo their sentences
there.
* * * * *
19. While it is permissible to believe that the action taken by the
Government has had the effect of checking the activities of the Human
Leopard Society, at all events for the time being, it would be by no
means prudent to assert that this criminal organization has been broken
up. Many persons of whose connection with the Society there is little or
no doubt are still at large, and probably there are not a few others who
have hitherto not come under the notice of the authorities.
20. The blind belief of the natives in the efficacy of the “medicines”
concocted by the Society (especially that known as “Borfima”); the power
and authority enjoyed by the possessors of these medicines; the fact
that periodical human sacrifices are considered to be necessary in order
to renew the efficacy of the medicines; and a tendency on the part of
some natives to cannibalism pure and simple—all these causes will
contribute to the survival of this baneful organization. It has held
sway for many years—possibly for centuries—and the task of stamping it
out will undoubtedly be one of great difficulty.
E. M. MEREWETHER,
Governor.
GOVERNMENT HOUSE,
FREETOWN,
_9th July, 1913_.
* * * * *
[Sidenote: Title.]
An Ordinance to amend the Human Leopard and Alligator Societies
Ordinance, 1909
NO. 17 OF 1912
[Sidenote: Enacting Clause.]
Be it enacted by the Governor of the Colony of Sierra Leone, with the
advice and consent of the Legislative Council thereof, as follows:—
[Sidenote: Short Title.]
1. This Ordinance may be cited as the Human Leopard and Alligator
Societies Amendment Ordinance, 1912.
[Sidenote: Proclamation of districts.]
2.—(1) Whenever it appears to the Governor that a murder has been
committed in connection with an unlawful society in any chiefdom, it
shall be lawful for him by proclamation to declare such chiefdom or any
part thereof to be a proclaimed district.
(2) In a proclaimed district it shall be lawful for a District
Commissioner to order the arrest and detention in custody of any person
whose arrest and detention he may consider desirable in the interests of
justice. A warrant under the hand of a District Commissioner shall be
sufficient authority to the person named therein to detain any such
person in such place as shall be mentioned therein.
[Sidenote: No. 28 of 1909.]
3. For the words “the/any Human Leopard Society and/or Alligator
Society” wherever they occur in the Human Leopard and Alligator
Societies Ordinance, 1909 (hereinafter called the Principal Ordinance),
shall be substituted the words “any unlawful society.”
[Sidenote: Unlawful societies.]
4.—(1) Every person who knowingly—
(_a_) is or has before the commencement of this Ordinance been a
member of an unlawful society; or
(_b_) takes or has before the commencement of this Ordinance taken
part in the operations of an unlawful society or of any meeting
thereof, shall, on conviction, be liable to imprisonment, with
or without hard labour, for a term not exceeding fourteen years.
(2) A Magistrate or District Commissioner on sworn information may
authorize any member of the Sierra Leone Police Force or West African
Frontier Force or a court messenger to search any person whom there is
good reason to suspect of being a member of an unlawful society or of
having taken part in the operations of an unlawful society, or of any
meeting thereof, and for this purpose may authorize any of the
afore-mentioned persons to enter any premises at any time and, if need
be, by force, on Sundays as well as on other days; and if any person
wilfully hinders, molests or obstructs any of the aforesaid persons in
searching such suspected person, every such person shall be liable, on
summary conviction, to a fine not exceeding fifty pounds or to
imprisonment, with or without hard labour, for a term not exceeding
twelve months.
5. For Section 12 of the Principal Ordinance shall be substituted the
following section:—
[Sidenote: Power of Governor-in-Council to order deportation.]
12. When any person shall have been convicted of complicity in any
murder committed in connection with an unlawful society, whether
before or after the commencement of this Ordinance, and the Governor
shall have decided to grant a pardon to such person on condition of
his undergoing a term of imprisonment with or without hard labour,
or when any person shall have been convicted of complicity in any
murder aforesaid not involving the punishment of death, or when any
person shall have been convicted of an offence under this Ordinance
or any Ordinance amending the same, and shall have been sentenced by
the Court to undergo a term of imprisonment with or without hard
labour, the judge before whom such person was so tried and convicted
shall forthwith send a report of such case to the Governor, and it
shall then be lawful for the Governor-in-Council to direct that such
person, not being an alien, shall be deported from the Colony or
Protectorate to any other British Colony, there to serve such term
of imprisonment in such prison as the Governor of such Colony may
direct.
[Sidenote: Expulsion of aliens.]
6.—(1) In the case of a convicted person, who is an alien, it shall be
lawful for the Governor-in-Council, after the completion of the term of
imprisonment awarded to such convicted person, to make an order (in this
Ordinance referred to as an expulsion order) requiring such alien to
leave the Colony or Protectorate within a time fixed by the order and
thereafter to remain out of the Colony and Protectorate.
(2) If any alien in whose case an expulsion order has been made is at
any time found within the Colony or Protectorate in contravention of the
order, he shall, on conviction, be liable to imprisonment, with or
without hard labour, for a term not exceeding ten years.
(3) Any person aiding or attempting to aid any person, in whose case an
expulsion order has been made, to return to the Colony or Protectorate,
and any person harbouring such person, shall be guilty of a misdemeanour
and shall, on conviction, be liable to imprisonment, with or without
hard labour, for a term not exceeding two years.
7. The schedule to the Principal Ordinance is hereby amended by adding
at the end thereof the following words:—
(6) A dress made of baboon skins commonly used by members of an
unlawful society.
(7) A “kukoi” or whistle, commonly used for calling together the
members of an unlawful society.
(8) An iron needle, commonly used for branding members of an
unlawful society.
[Sidenote: Interpretation of terms.]
8. In this Ordinance “unlawful society” means the Human Leopard Society,
the Human Alligator Society, or any other society existing for the
purpose of committing or encouraging or procuring the commission of
murder.
“Alien” means a person who is a natural-born subject or citizen of a
foreign state, or has been naturalized as such.
[Sidenote: Indemnity clause.]
9. Whereas various murders are alleged to have been committed in
connection with unlawful societies, and various persons have been
arrested and detained in custody in connection therewith;
Now it is hereby enacted that all persons who were before the
commencement of this Ordinance concerned in the arrest or detention in
custody of such arrested persons are hereby fully indemnified for
anything done by them in the arrest or detention in custody of such
arrested persons, and no action at law or otherwise shall be maintained
for such arrested persons having been so arrested and detained in
custody, and no writ of _habeas corpus_ shall be issued on their behalf.
[Sidenote: Extent of Ordinance.]
10. This Ordinance shall apply to the Colony and Protectorate.
Passed in the Legislative Council this Thirty-first day of October, in
the year of our Lord One thousand nine hundred and twelve.
F. A. MILLER,
Clerk of Legislative Council.
* * * * *
[Sidenote: Title.]
An Ordinance to constitute Special Commission Courts for the trial
of persons charged with offences committed in connection with
unlawful societies.
NO. 18 OF 1912
[Sidenote: Preamble.]
Whereas there exist in the Colony and Protectorate certain unlawful
societies formed for the purpose of committing murders;
And whereas many murders have recently been committed under the
influence of such unlawful societies;
And whereas, owing to the number of these murders, it is expedient to
try all persons charged with offences committed in connection with such
unlawful societies by a special tribunal;
[Sidenote: Enacting Clause.]
Be it therefore enacted by the Governor of the Colony of Sierra Leone,
with the advice and consent of the Legislative Council thereof, as
follows:—
[Sidenote: Short Title.]
1. This Ordinance may be cited as the Special Commission Ordinance,
1912.
[Sidenote: Special Commission Court.]
2.—(1) The Governor may from time to time direct a commission or
commissions to be issued for the appointment of a Court or Courts of
Special Commissioners for the trial in manner provided by this Ordinance
of persons, committed for trial before the Supreme Court of the Colony
or the Circuit Court of the Protectorate, for any of the following
offences committed in the Colony or Protectorate, whether before or
after the commencement of this Ordinance; that is to say,
(_a_) murder, committed in connection with an unlawful society;
(_b_) attempting or conspiring to commit murder in connection with
an unlawful society;
[Sidenote: No. 28 of 1909.]
(_c_) any of the offences under Section 2 of the Human Leopard and
Alligator Societies Ordinance, 1909, or under any Ordinance
amending that Ordinance;
and the Governor may by warrant assign to any such Court of Special
Commissioners (in this Ordinance referred to as a Special Commission
Court) the duty of sitting at the place named in the warrant, and of
there, without a jury and not assisted by any native chief, or
non-native or native assessors, hearing and determining, according to
law, the charge made against the person so committed for trial and named
in the warrant, and of doing therein what to justice appertains.
(2) A Special Commission Court shall consist of three persons to be
named in such commission, of whom one shall be a judge or barrister or
solicitor of the Supreme Court of the Colony or of any other Court in
the British dominions, and they shall try in open court, according to
the tenor of a warrant under this Ordinance, all persons named in the
warrant who may be brought before them for trial. The Governor shall
appoint one of the members of a Special Commission Court to be the
President thereof.
[Sidenote: No. 1 of 1870.]
(3) A member of a Special Commission Court shall take such oaths as are
prescribed by the Promissory Oaths Ordinance of 1870, to be taken by
Judges.
(4) The evidence taken on a trial before a Special Commission Court and
the reasons, if any, given by the members of the said Court in
delivering judgment, shall be taken down in writing by the President of
the said Court.
(5) A person tried by a Special Commission Court shall be acquitted
unless the whole Court concur in his conviction, and the members of the
said Court shall in all cases of conviction give in open court the
reasons for such conviction.
(6) The Governor shall from time to time provide for the payment of the
reasonable expenses of witnesses.
[Sidenote: Appointment of Assistant Master.]
3.—(1) There shall be attached to a Special Commission Court an
Assistant Master, who shall attend such Special Commission Court, when
sitting to try persons charged with offences under this Ordinance. Such
Assistant Master, while discharging or performing the duties of his
office, shall have all the powers of the Master of the Supreme Court of
the Colony.
(2) If at any time the Assistant Master shall be prevented by illness or
other unavoidable absence from acting in his office, it shall be lawful
for the Court to appoint from time to time a deputy to act for the said
Assistant Master and to remove such deputy at its pleasure, and such
deputy, while acting under such appointment, shall have the like powers
as if he were the Assistant Master.
[Sidenote: Regulations as to warrants and notice of trial.]
4.—(1) A warrant for the trial by a Special Commission Court of a person
charged with an offence shall be in the form contained in the Schedule
to this Ordinance.
(2) Not less than seven days before the sitting of any Special
Commission Court, notice thereof shall be published in the _Gazette_
stating the names of the Special Commissioners, the place at which the
Court will sit, and the day on which the sitting of the Court will
begin.
(3) An objection to the jurisdiction of a Special Commission Court to
try a person for any offence shall not be entertained by reason only of
any non-observance of the provisions of this section; but the Court, on
application, may adjourn the case, so as to prevent any person charged
being prejudiced by such non-observance.
[Sidenote: Regulations as to courts.]
5.—(1) If any member of a Special Commission Court dies, or if it
appears to the Governor that from illness or some reasonable cause it is
necessary that another person should be appointed in the place of a
member of a Special Commission Court, the Governor may, if he thinks it
expedient so to do, direct a supplemental commission to be issued,
appointing another person to fill the vacancy in such Court.
(2) Subject to the provisions of this Ordinance, and for the purpose of
the trial of any persons charged before them, a Special Commission Court
shall have the same privileges, powers and jurisdiction as if it were
the Circuit Court of the Protectorate, trying with native chiefs, or
non-native or native assessors an offender before such Court, and shall
follow, as far as possible, the practice and procedure of that Court,
and in hearing and determining the cases of all persons tried before a
Special Commission Court, such Court shall, as far as possible, be
guided in arriving at a decision by the laws in force in the Colony. A
Special Commission Court shall be a court of record, and the same
intendment shall be made in respect of all orders, writs, and process
made by and issuing out of such Special Commission Court, as if it were
a court of record acting according to the course and by the authority of
the common law.
(3) All the members of a Special Commission Court shall be present at
the hearing and determination of the case of a person tried before such
Court, but, save as aforesaid, the jurisdiction of the Court may be
exercised by any of such members, and any act of the Court shall not be
invalidated by reason of any vacancy among the members.
(4) The trial by a Special Commission Court of a person in pursuance of
a warrant under this Ordinance shall begin as soon as may be, but it
shall be lawful for the Court to postpone such trial on the request of
such person, or on account of the illness or absence of a witness, or on
account of a vacancy in the Court, or of the illness of such person, or
some other sufficient cause, and to discontinue a trial of a person,
when commenced, on account of a vacancy in the Court or the illness of
such person, or some other sufficient cause.
(5) Where a trial of a person is postponed or discontinued, the trial of
such person may take place before the same Court or any other Special
Commission Court, and shall take place as soon as may be.
(6) In the event of a trial of a person taking place before another
Special Commission Court, a new warrant shall be issued for the trial of
such person.
(7) A commission appointing a Special Commission Court shall not be
superseded or affected by the issue of another like commission, nor
shall the sitting or jurisdiction of such Court be affected by the
sitting of any such commission or of the Supreme Court of the Colony or
the Circuit Court of the Protectorate.
[Sidenote: No. 5 of 1896.]
[Sidenote: No. 12 of 1910.]
(8) A Special Commission Court shall be a Court within the meaning of
the Perjury Ordinance, 1896, and the Children (Criminal Law Amendment)
Ordinance, 1910.
[Sidenote: No. 14 of 1912.]
(9) The provisions of the Supreme Court Amendment Ordinance, 1912, shall
not apply to a trial of a person by a Special Commission Court.
(10) An objection to the jurisdiction of a Special Commission Court to
try a person in pursuance of a warrant under this Ordinance shall not be
entertained by reason only of any want of form in the warrant, or of any
mistake in the name or description of such person in the warrant, if it
is shown that the person tried is the person to whom the warrant
relates; and an objection to the proceedings of such Court for any want
of form on the trial of any person shall not be entertained, if no
injustice was thereby done to such person.
[Sidenote: Procedure.]
6.—(1) When a person is brought up for trial before a Special Commission
Court, he shall be triable for any offence, being one, or connected with
one, of the offences referred to in Section 2 of this Ordinance,
disclosed by the depositions taken by the Court of the District
Commissioner at the investigation of the charge, and the Special
Commission Court shall inform such person specifically of the charge
whereon he is to be tried, and shall record such charge in writing and
call upon such person to plead thereto.
(2) At any time before the trial, on application by a person charged
with an offence or by some person on his behalf, a copy of the written
charge, if any, of the depositions and of the statement of such person
so charged shall be supplied by the officer in whose custody the
originals are deposited at the time of such application, for which a
reasonable charge, not exceeding sixpence for every hundred words, may
be made, or the same may be supplied without payment, as shall to the
officer granting the application in his discretion seem expedient.
[Sidenote: Depositions of absent witnesses when admissible.]
7. The deposition of any witness taken by the Court of the District
Commissioner at the investigation of the charge in the presence of the
person charged, such person having had full opportunity of
cross-examining such witness, may be given in evidence before a Special
Commission Court if the witness be dead, or if the Court be satisfied
that for any sufficient cause his attendance cannot be procured.
[Sidenote: Audience of counsel.]
8. Barristers and solicitors of the Supreme Court of the Colony and
officers appointed by the Governor to prosecute shall be allowed to
appear and be heard at the trials of persons charged with offences
before a Special Commission Court.
[Sidenote: Power to inflict sentence of death.]
9. A Special Commission Court shall have power in capital cases to
inflict punishment of death, and when a sentence of death has been
passed, all the proceedings in the case shall with the least possible
delay be forwarded, together with a report from the Special Commission
Court, to the Governor, and no sentence of death shall be carried into
effect except upon the warrant of the Governor and in the mode and in
the place directed by him, and such warrant shall be the authority for
carrying the same into effect.
[Sidenote: Deportation.]
[Sidenote: No. 17 of 1912.]
[Sidenote: No. 28 of 1909.]
10. A Special Commission Court shall send to the Governor a report of
the cases of all persons convicted by such Court, and thereupon the
power of deportation and expulsion conferred by sections 5 and 6 of the
Human Leopard and Alligator Societies Amendment Ordinance, 1912, shall
extend to persons convicted by a Special Commission Court, and all the
applicable provisions contained in Sections 13, 14 and 15 of the Human
Leopard and Alligator Societies Ordinance, 1909, and in Section 6 of the
Human Leopard and Alligator Societies Amendment Ordinance, 1912, shall
extend to all persons deported or expelled under this Ordinance, and to
all persons aiding or attempting to aid such deported or expelled
persons unlawfully to return to the Colony or Protectorate, and to all
persons unlawfully harbouring such deported or expelled persons.
[Sidenote: Power to expel persons even if acquitted.]
11.—(1) If a person tried by a Special Commission Court shall be
acquitted, but the Court shall be of opinion that it is expedient for
the security, peace or order of the district in which the offence with
which such person was charged took place, that such person should be
expelled from such district, the said Court shall send to the Governor a
report of the case, and thereupon it shall be lawful for the
Governor-in-Council to make an order (in this Ordinance referred to as
an expulsion order) requiring such person to leave the Colony or
Protectorate within a time fixed by the order, and thereafter to remain
out of the Colony and Protectorate.
(2) If any person in whose case an expulsion order has been made is at
any time found within the Colony or Protectorate in contravention of the
order, he shall, on conviction, be liable to imprisonment, with or
without hard labour, for a term not exceeding ten years.
(3) Any person aiding or attempting to aid any person, in whose case an
expulsion order has been made, to return to the Colony or Protectorate,
and any person harbouring such person, shall be guilty of a misdemeanour
and shall, on conviction, be liable to imprisonment, with or without
hard labour, for a term not exceeding two years.
[Sidenote: Definition of unlawful society.]
[Sidenote: No. 17 of 1912.]
12. The expression “unlawful society” has the same meaning as in the
Human Leopard and Alligator Societies Amendment Ordinance, 1912.
[Sidenote: Extent of Ordinance.]
13. This Ordinance shall apply to the Colony and Protectorate.
[Sidenote: Duration of Ordinance.]
14. This Ordinance shall continue in force until the expiration of one
year next after the commencement thereof: Provided that the expiration
of this Ordinance shall not affect the validity of anything done in
pursuance of this Ordinance, and any person convicted under this
Ordinance may be punished as if this Ordinance continued in force, and
all prosecutions and other legal proceedings pending under this
Ordinance at the time of the expiration thereof may be carried on,
completed and carried into effect, and the sentences carried into
execution as if this Ordinance had not expired.
* * * * *
SCHEDULE. (Section 4.)
Whereas by a commission dated the day of and issued under and
by virtue of the Special Commission Court Ordinance, 1912, you have been
appointed Special Commissioners to form a Special Commission Court for
the trial in manner provided by the said Ordinance of persons committed
for trial before the Court of the for offences, in connection
with unlawful societies;
And whereas the persons whose names are set out in the Schedule hereto
have been committed for trial before the Court of the for
offences in connection with unlawful societies;
Now I, , Governor and Commander-in-Chief of the Colony of Sierra
Leone, hereby assign to you the said Special Commissioners the duty of
sitting at in the Protectorate (_or Colony_) of Sierra Leone, and
of there, without a jury and not assisted by any native chief or
non-native or native assessors, hearing and determining, according to
law, the charges made against the persons whose names are set out in the
Schedule hereto, and of doing therein what to justice appertains, and
this shall be to you a sufficient warrant in that behalf.
Given under my hand this day of
To
Governor.
SCHEDULE
Passed in the Legislative Council this Fifteenth day of November in the
year of our Lord One thousand nine hundred and twelve.
F. A. MILLER,
Clerk of Legislative Council.
* * * * *
An Ordinance to amend the Special Commission Ordinance, 1912
NO. 21 OF 1912.
Be it enacted by the Governor of the Colony of Sierra Leone, with the
advice and consent of the Legislative Council thereof, as follows:—
[Sidenote: Short title.]
1. This Ordinance may be cited as the Special Commission Court
(Amendment) Ordinance, 1912.
[Sidenote: Various amendments in No. 18 of 1912.]
2. The Special Commission Ordinance, 1912, is hereby amended,
(1) In section 1, by inserting the word “Court” after the word
“Commission.”
(2) By adding at the end of subsection (5) of section 2 the
following paragraph:—
“In all other matters the decision or opinion of the Court shall be
according to the decision or opinion of a majority of the
members of the Court.”
(3) In line 3 of section 3, by inserting the word “triable” after
the word “offences,” and in line 8 of the same section by
substituting the words “reasonable cause” for the words
“unavoidable absence.”
(4) In subsection (10) of section 5, by inserting the words “to be”
before the word “tried” in line 5 thereof.
(5) In section 6, by inserting the words “which may in the opinion
of the Court be” after the word “Ordinance” in line 4 thereof.
(6) In section 9, by inserting the words “the notes of evidence and”
after the word “passed” in line 2 thereof, and by inserting
after the word “case” in line 3 thereof the words “or copies
thereof certified under the hand of the Assistant Master.”
(7) In subsection (3) of section 11, by inserting the word
“unlawfully” before the word “harbouring” in line 3 thereof.
(8) By inserting the word “To” at the beginning of the Schedule, by
transferring the words “given under my hand this day
of Governor” in lines 19 and 20 of the Schedule to the end
of the Schedule to the Schedule, and by striking out the word
“To” in line 22 of the Schedule.
[Sidenote: Powers of Crown Prosecutor.]
3. An officer appointed by the Governor to prosecute at the trials of
persons charged with offences before a Special Commission Court shall,
for the purposes of such trials, have the same rights and powers as the
Attorney-General.
[Sidenote: Duration of Ordinance.]
4. The following section shall be substituted for section 14 of the
Special Commission Court Ordinance, 1912:—
“14. This Ordinance shall continue in force until the expiration of
one year next after the commencement thereof: Provided that the
expiration of this Ordinance shall not affect the validity of
anything done in pursuance of, nor the continuing validity of any
deportation or expulsion under this Ordinance, nor the liability to
punishment of any persons committing an offence under sections 10
and 11 hereof, and any person convicted under this Ordinance may be
punished as if this Ordinance continued in force, and all
prosecutions and other legal proceedings pending under this
Ordinance at the time of the expiration thereof may be carried on,
completed and carried into effect, and the sentences carried into
execution, and deportation and expulsion orders made, as if this
Ordinance had not expired.”
[Sidenote: Extent of Ordinance.]
5. This Ordinance shall apply to the Colony and Protectorate.
Passed in the Legislative Council this Thirteenth day of December, in
the year of Our Lord One thousand nine hundred and twelve.
F. A. MILLER,
Clerk of Legislative Council.
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Transcriber’s note:
1. Silently corrected typographical errors.
2. Retained anachronistic and non-standard spellings as printed.