Another complaint was that a number of witnesses, whose evidence had

been taken, were not called at the preparatory examination. It was

consequently felt that the Crown was in possession of information,

possibly of vital importance, which was being withheld, with the object

of in some way injuring the prisoner. This is seen at once, by anyone

acquainted with criminal procedure, to be futile if not frivolous,

because, under the Ordinance of 1845, under which the preparatory

examination was held, the greatest latitude is given to the Crown,

particularly where crimes are only _supposed_ to have been committed.

It must be remembered that, although there was reason for believing

that Dinuzulu had committed two, three or more specific acts of high

treason, there was also ground for supposing that a number of other

similar offences had been committed. Such inference, to anyone who

has read the foregoing pages, especially those describing the state

of affairs at Usutu, is a perfectly legitimate one, especially as

Dinuzulu was known to have been surreptitiously communicating with the

Chiefs of various other tribes throughout Natal and Zululand ever

since the proclamation of the Poll Tax Act in 1905. Nothing, then, was

more imperative from the point of view of the Crown, than not only to

confine attention to such overt acts as had already come to notice, but

to make special, persevering, and exhaustive efforts to probe to the

bottom Dinuzulu's conduct throughout the whole period of unrest. The

Attorney-General and the Justice of the Peace, and all those working

under these officers, were within their rights in doing what they did,

as reference to the Ordinance would show. Indeed, when one comes to go

into this side of the case, he cannot but wonder that the prosecution

was, in some respects, as lenient and considerate as it was.

The appointment of a special officer to hold the inquiry was necessary,

as, for political reasons, it was desirable to remove the prisoner from

the district in which the various alleged offences had been committed

to another. The case, being an extraordinary one, of far greater

gravity than the one that occurred in 1888, it is not surprising

the Government did not foresee that the various difficulties above

referred to were likely to arise. Nor, for the same reason, could they

anticipate, except in a vague way, the profound effect that would be

created by Dinuzulu on Native witnesses of Zululand and Natal, even

when he was in custody.[333] In attempting resolutely, though not

illegally, to secure all rights and privileges, the impression was

given to the Defence that the endeavours of the Crown were dictated

more by bias and prejudice, than by a desire to ensure justice being

done. As the Crown was so active, and quite properly so, it is not to

be surprised at that the Defence displayed a like degree of energy.

Ever since the arrest, it was the intention of the Government that

the Zulu Chief should be tried by a civil tribunal. It would,

indeed, have been possible to have arraigned him before a general

or special court-martial. Such procedure, however, was not at any

time contemplated. In view of the great length of the case, it was

impossible to bring it before the Supreme Court, firstly, because

that court had quite as much work to do as it could manage, secondly,

because, under the law constituting it, it would have been necessary

to empanel a jury, and, with a jury of Europeans in a purely Native

case and one which had already excited so much animus against Dinuzulu,

the prisoner might have incurred serious risk. Instances had already

occurred in preceding years of miscarriages of justice, just as they

have arisen in other parts of South Africa, owing to jurymen allowing

their feelings to get the better of them. In these circumstances, it

was decided to create a new court consisting of three judges, similar

to the one which, in 1888, tried the same man and his uncles--a court

which, as far as could be seen, gave every satisfaction both to the

Crown and to the defence.

The Bill creating this court[334] was brought before Parliament in

July, _i.e._ shortly before the conclusion of Dinuzulu's examination.

It became law[335] on the 15th August. The judges appointed were:

Sir William Smith, Kt., Puisne Judge, Transvaal Supreme Court; Henri

G. Boshoff, Puisne Judge, Native High Court, Natal; and Henrique C.

Shepstone, C.M.G., ex-Secretary for Native Affairs, Natal.

It may not be out of place here to call attention to machinery in

another part of the Empire provided to meet contingencies similar in

some respects to those which confronted Natal in 1907. It is common

knowledge that political offences occur from time to time within the

Indian Empire. Only a few months ago, the world was startled to hear

of a bomb being thrown at His Majesty's representative, with severe

bodily injury to himself and fatal results to one of his attendants. In

regard to such crimes, delay of a year in bringing the accused to trial

could not occur. The procedure is governed by Act of India, No. 14,

1908, which provides for the Magistrate who has taken cognizance of the

offence, or any other Magistrate to whom the case may be transferred,

holding an inquiry on receipt of an order in writing to that effect

from the Governor-General-in-Council or the Local Government. Such

inquiry is for the object of seeing if "the evidence offered upon the

part of the prosecution is sufficient to put the accused upon his

trial" for the offence, and the Magistrate "shall, for that purpose,

record on oath the evidence of all such persons as may be produced

in support of the prosecution, and may record any statement of the

accused, if voluntarily tendered by him." The Act goes on to provide

that "_the accused shall not be present during the inquiry ... unless

the magistrate so directs, nor shall he be represented by a pleader

during any such inquiry, nor shall any person have any right of access

to the court of the magistrate while he is holding such inquiry_." If

the Magistrate is satisfied that there is sufficient evidence to put

accused upon his trial for the offence specified, he frames a charge,

makes an order directing the latter to be sent to the High Court for

trial, and causes him to be supplied with a copy of the order, of the

charge, and of the evidence taken. The Magistrate, moreover, has the

power of examining supplementary witnesses after the order for trial,

and before the commencement thereof.

Thus, we see, the Indian legislation governs, not only the trial, but

the whole of the preliminary examination, and accords the Crown far

greater facilities than were enjoyed by the Attorney-General in Natal

under the Ordinance. Provision, such as this, would go a long way

towards removing the various obstacles encountered by the Crown in

the Dinuzulu affair. Under the Indian law, no martial law is required

to exclude the accused or his lawyer from being present during the

inquiry.[336] There is not a word in the Indian Act about the existence

of martial law, and yet the procedure provided is of a far more rigid,

exclusive and seemingly unjust character than what counsel for the

defence took exception to in Natal. The Indian Act further stipulates

that all persons sent for trial shall be tried by a special bench of

the High Court, consisting of three judges, and that "no trial before

the special bench shall be by jury."

The Indian Court, although a special one, is always composed of judges

of the High Court, and, therefore, prepared to come automatically into

existence as soon as the occasion arises. In the case of the Natal

Act, the court ceased to exist when the objects for which it had been

appointed had been served, consequently, should similar offences arise

in the future, a fresh Act would be required.

It would seem, then, that the Union Government would be well-advised

to pass an Act similar in principle to the one above referred to. By

so doing, the disagreeable position Natal found herself in during

the trial of Dinuzulu would be largely mitigated by eliminating, _ab

initio_, elements of discord and all appearance of injustice.

* * * * *

An Act indemnifying all authorities and persons acting under them, in

regard to acts during the existence of martial law, similar to that of

1906, was passed by the Legislature and assented to by the Governor

in August, immediately after which martial law was revoked (11th). A

decision was come to at the same time to appoint Mr. R.H. Addison,

acting Magistrate at Nongoma, Chief over the Usutu (Zulu) tribe, until

the result of Dinuzulu's trial had been made known. "The appointment

of a European Magistrate as Chief over a Native tribe, though not

frequent, is occasionally resorted to as a temporary measure when, in

circumstances like the present, it is considered desirable to keep in

close communication with the tribe, and there is no Native headman

through whom this can satisfactorily be done."[337]

After Dinuzulu's counsel had collected all the evidence they were able

and wished to do in Zululand, and their client's case had otherwise

been sufficiently prepared, arrangements were made for the Special

Court to begin its session at Greytown, viz. on the 3rd November.

The Town Hall was suitably fitted up for the purpose. The venue was

appropriate, seeing it was in the district in which the Rebellion

had started. Besides Dinuzulu, there were five other Natives to be

indicted. A beginning was made with the case of Cakijana, charged

with high treason. After a trial extending over a week, the prisoner

was found guilty and sentenced to seven years' imprisonment with hard

labour. Jombolwana, charged with the murder of Chief Sitshitshili, was

next tried. The sentence of death passed on him was carried out in

December.

The trial of Dinuzulu, the most important event that had ever occurred

in Greytown, began on the 19th of November. The accused had, however,

already pleaded on the 10th to an indictment of high treason,

consisting of twenty-three counts. His plea was 'not guilty' to

each. The Attorney-General (The Hon. T.F. Carter, K.C.) with Messrs.

D. Calder, W.S. Bigby and G.E. Robinson, appeared for the Crown,

whilst the Hon. W.P. Schreiner, K.C., with Messrs. E. Renaud and

R.C.A. Samuelson, were for the defence. Among those specially, though

unofficially, concerned were Misses Harriette E. and Agnes M. Colenso.

Although a large number of European witnesses gave evidence, the case

was purely a Native one. The proceedings were conducted in English and

Zulu, the principal interpreter being Mr. J.W. Cross, J.P., one of the

senior Magistrates of the Colony, and Magistrate at Greytown, as will

be remembered, when the Rebellion broke out.

In view of the large numbers of witnesses required by the prosecution

and the defence, and the long duration of the trial, it became

necessary for separate camps to be erected for them.

At the beginning of the trials, considerable interest was taken in the

proceedings by residents of Greytown and neighbourhood. This, however,

soon began to wear off until Dinuzulu himself gave evidence and, later

on, when counsel for the Crown and for the Defence were addressing.

The Court adjourned on the 22nd December, and resumed on the 4th

January, 1909. The prosecution closed on the 18th. Beginning on the

following day, the defence terminated on the 23rd February. By this

time, the Court had sat sixty-seven days; ninety-five witnesses had

been examined for the Crown, and sixty-eight for the Defence.

Of the witnesses called for the prosecution, forty-seven were Europeans

and forty-eight Natives. Of those for the defence, sixty-four were

Natives, including Dinuzulu (who took no less than ten and a half days

to give his evidence), and four Europeans. The evidence amounted to no

less than 6,148 typed folio pages.

Mr. Carter addressed on the 24th and 25th, and Mr. Schreiner, beginning

on the 25th, concluded on the 2nd March.

Judgment was delivered on the 3rd, that is, on the seventy-third day's

sitting. The prisoner was found guilty of high treason: (_a_) by

harbouring and concealing Bambata's wife and children for over fifteen

months; (_b_) by harbouring and assisting the ringleaders Bambata and

Mangati during the actual progress of the Rebellion; and (_c_) by

harbouring and concealing 125 named and other rebels at various times

between May, 1906 (when the Rebellion was at its height), and the date

of his arrest.

With regard to the most serious count of which he was found not guilty,

one of the judges felt it necessary to say: "The matter has given me a

great deal of concern, and, up to this very morning, the thought has

occurred to me again and again whether it would not be my duty to stand

out from the majority of the Court in the conclusion to which they have

arrived on this point." There "certainly is evidence which makes one

hesitate very much, as far as I am concerned, in giving the prisoner a

clean bill."

[Illustration:

HON. W.P. SCHREINER, MR. E. RENAUD, DINUZULU. MR. R.C. SAMUELSON,

K.C., M.LA., Advocate. Attorney.

Senior Counsel for

the Defence.

MISS H.E. COLENSO.]

The Attorney-General had already withdrawn two counts whilst some

of the others unavoidably overlapped, consequently it was felt

unnecessary to consider them. In respect of one, the Judge President

said as "two of the alleged conspirators are to be tried before this

court ... I think it better that we should give no finding." Dinuzulu,

after admitting a previous conviction for high treason in April, 1889,

(his age then being between twenty-one and twenty-two) was sentenced to

four years' imprisonment in respect of (_b_) and (_c_) "to date from

the 9th day of December, 1907" (_i.e._ the date of his surrender), and

a fine of £100 or twelve months' imprisonment in respect of (_a_), the

"twelve months to be cumulative, not concurrent."

Thus ended a State trial which will long be remembered in South Africa.

Remarkable for its intricacy and duration, it was even more so for the

deep and sustained interest aroused by its various issues among all

sections of the community, in Natal and Zululand, throughout South

Africa, and in England and elsewhere. Although practically the whole

of the evidence for the Crown and the Defence was laid by the press

before the public, attention tended to become more and more focussed on

the judgment of the court, a judgment from which there was no appeal.

And it was generally anticipated and hoped that such judgment would

supply a complete and decisive answer to the question as to the exact

extent to which Dinuzulu was implicated in the Rebellion of 1906. It

is, however, impossible to deny that the judgment, notwithstanding

the honest, persevering and exhaustive efforts of the Bench and the

Bar, failed to carry conviction home to many who, having followed

the proceedings, were at least familiar with the principal features.

Convicted on but three counts (and these not including the most

important) out of twenty-three, Dinuzulu was commonly believed to

have escaped far more lightly than he deserved, or than the evidence

appeared to permit. But, owing to the extreme length and complexity

of the case, people felt they had to be content with the result, as

there was neither opportunity nor inclination to examine the masses of

evidence for themselves in detail.

The result of the conviction, as anticipated by the President when

passing sentence, was that Dinuzulu not only forfeited the position of

Government Induna, but was formally deposed from his chieftainship.

To have left standing the Usutu kraal or the house constructed for him

at Eshowe, would have been but to perpetuate an impression amongst

a credulous people, that a Chief, convicted for the second time

of high treason, was returning to the country. It was because the

Natal Government could not for a moment contemplate such contingency

that the establishments were either removed or dismantled. Other

action, moreover, had to be taken. When the ex-Chief was arrested, as

previously pointed out, headmen were appointed to take charge of the

tribe. The arrangement, however, was purely temporary. But with the

deposition of the Chief, it became necessary to introduce some more

permanent and final arrangement. It was decided to break the tribe

up into three parts, and attach a section to each of three adjoining

tribes. Under the circumstances, the settlement gave satisfaction to

all concerned, and has continued to work well from that day to this.

* * * * *

On the conclusion of the trial, the President of the Court (Sir William

Smith) returned to the Transvaal, his place being taken by Mr. Justice

Dove Wilson of the Natal Supreme Court; Mr. Schreiner, too, went back

to Cape Town. Dinuzulu was removed to Pietermaritzburg.

It is but right here to call attention to the fact that notwithstanding

the consummate ability with which Mr. Schreiner had defended Dinuzulu,

necessitating absence from his practice at Cape Town for a period of

over four months--thereby, no doubt, involving him in considerable

pecuniary loss--the whole of his services in connection with the trial

were given gratis, an act which cannot but redound to his credit,

especially when one considers the inability of the prisoner or his

friends to pay such heavy charges as Mr. Schreiner might very properly

have made.

Instead of Greytown, the venue for the remaining cases became

Pietermaritzburg. Dinuzulu's indunas Mankulumana and Mgwaqo, also

charged with high treason, were tried on the 9th and 10th of March, the

Attorney-General prosecuting and Mr. Renaud appearing on behalf of the

accused. Both were found guilty of three counts in the indictment. The

former was sentenced to nine, and the latter to fifteen, months--in

respect of two counts--whilst both were sentenced to a fine of £50 or

eight months' imprisonment in respect of the third. In passing the

sentences, account was taken of the fact that they had already been

fifteen months in gaol.

As soon as the Union of the South African Colonies became imminent, and

shortly after the conclusion of Dinuzulu's trial, the Natal Ministry

proposed to the future Prime Minister the desirability of removing

Dinuzulu to some suitable part of South Africa, beyond the borders of

Natal. It was recommended that such portion of the sentence as remained

unexpired on the advent of Union should be remitted on condition that

the foregoing settlement was agreed to by the prisoner. The suggestion

at once met with the approval of General Botha. Dinuzulu was thereupon

taken from Pietermaritzburg to Newcastle, so as to be in readiness to

conform to the terms of his proposed release. He, however, was not

made acquainted with the reasons for his removal to Newcastle, except

that that place was regarded as more beneficial for his health than

Pietermaritzburg had appeared to be. Union came into force on the 31st

May, 1910. Towards the end of that month, Mr. J.C. Krogh, one of the

senior Magistrates of the Transvaal and formerly Special Commissioner

in Swaziland, was instructed by General Botha to proceed to Newcastle

and there, assisted by the Magistrate, Mr. B. Colenbrander, interview

Dinuzulu with the object of placing before him, and securing his

acceptance of, the following proposition, which the ex-Chief was told

General Botha was prepared to recommend to the Governor-General:

That he should be released from prison and the remainder of his

sentence remitted on the following conditions:

(_a_) Acceptance of domicile in the Transvaal at a place to be put at

his disposal by the Government.

(_b_) That, as from the date of release, his salary of £500 per annum

be again paid to him during good behaviour.

The result of the interview was that Dinuzulu unreservedly accepted

the conditions, and signed a formal document to that effect. On the

31st, the authority of the Governor-General-in-Council having been

obtained, and with the knowledge of Dinuzulu's friends (Miss Colenso

and the Hon. W.P. Schreiner), Dinuzulu was released and left Newcastle

by the afternoon train for Pretoria. At Pretoria, he came under the

Native Affairs Department of the Union, it being arranged that all

instructions would, in future, be received by him from or through that

Department.

Steps were taken to secure a farm on which he, his family and immediate

dependants could reside, with sufficient ground for agriculture,

grazing, etc. Some difficulty was at first experienced in finding land

suitable for one who, like Dinuzulu, had lived most of his life in the

mild climate of northern Zululand. The farm Rietfontein, seven or eight

miles from Middleburg, was eventually selected. To this he proceeded

early in 1911, accompanied by certain members of his family; his induna

Mankulumana was also permitted to join him.

The release, prior to expiration of the sentence and on the terms above

set forth, was generally approved in Natal, as also throughout South

Africa, and in England.

Almost simultaneously with Dinuzulu's expatriation, those Native

rebels who were still in prison, including the ones at St. Helena,

were released and allowed to return to their districts, except such

ex-Chiefs as Ndhlovu and Meseni, who were obliged to take up their

residence in districts other than their own.

FOOTNOTES:

[Footnote 331: Ten days after Dinuzulu's arrest, Mr. E.G. Jellicoe,

K.C., an English barrister, was selected to assist Mr. Renaud in the

defence. He arrived in Pietermaritzburg on the 19th January, attended

the examination on two or three occasions, after which, because unable

to make the Government conform to his wishes in various particulars, he

threw up the brief and, on the 7th February, returned to England.]

[Footnote 332: As soon as martial law was withdrawn, counsel for the

defence proceeded to Zululand to work up their case, a period of two

months being allowed before the accused was brought to trial.]

[Footnote 333: In 1888, although preliminary examinations were held,

the same difficulties were not experienced. The reason for this was

that the issues were far simpler than those of 1907.]

[Footnote 334: For trying, not only Dinuzulu, but other Native

political prisoners.]

[Footnote 335: Act No. 8, 1908.]

[Footnote 336: Many of the depositions in Dinuzulu's case were taken in

Nkandhla district whilst the country was still under martial law.]

[Footnote 337: Cd. 4328, p. 92.]

XXIII.

REVIEW OF POLICY FOLLOWED IN CONNECTION WITH DINUZULU.--HIS

STATUS.--HIS ATTITUDE DURING, AND SUBSEQUENT TO, THE REBELLION.

The amount of misunderstanding that has arisen in connection with

Dinuzulu, both in England and South Africa, is astonishing. Probably

no other case in South Africa has called forth quite such volumes of

criticism and vituperation. Natal has been accused of following towards

him a policy of petty injustice and malice--either because of refusal

to hold a non-judicial inquiry; or because, when the ex-Chief was

arrested, it suspended his salary without the consent of the Imperial

Government; or for deferring release of the rank and file of the

rebels; or maintaining martial law longer than appeared necessary, or

for some other reason. In these and other connections, the Colony and

its public officers have been reviled and held up to scorn by those who

did not know the facts, or did not care to know them. As Natal is still

held by various persons, chiefly such as live outside her borders,

to have been mistaken, and Dinuzulu nothing but a martyr to official

spleen and vindictiveness, it is perhaps not unfitting, in a work of

this kind, that an attempt should be made to examine the position from

a somewhat wider point of view than was possible during the trial or,

indeed, on any other occasion.

* * * * *

The history of the Zulus has already been dealt with briefly in the

Introduction, whilst the earlier events in Dinuzulu's life have also

been touched on here and there. It is necessary now to consider the

position he assumed on his return from St. Helena in 1898.

During the latter portion of his imprisonment, a great deal of

agitation arose among the colonists in favour of Zululand being annexed

to Natal, largely because land was required for growing sugar. As the

Imperial Government had, since 1887, been directly responsible for the

management of Zululand; as the cost of that territory's administration

was constantly increasing; and because of the agitation referred

to, a settlement was necessary under which Natal would assume the

administration and become responsible for Native affairs.

A history of the Zulu Rebellion, 1906, and of Dinuzulu's arrest, trial, and expatriation · 第 41 / 51 段