The Transvaal from Within

ight, were detained in the lock-up at Johannesburg as ordinary felons, and escorted to the Pretoria gaol on the following morning. The scene on their arrival at Pretoria railway sta

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

covering-indeed at first it was not necessary, as the overcrowding and lack of ventilation very nearly resulted in asphyxiation. With an inhumanity almost incredible, in one instance one of the prisoners, suffering from fever and dysentery, was locked up for twelve hours with four others in such a cell without any sanitary provisions whatever. Friends in Pretoria induced the authorities, by means not unpopular in that place, to admit a better class of food than that allowed to the or

or three bail of ￡4,000 each was required; but bail was refused to Colonel Rhodes, Messrs. Phillips, Farrar, Hammond (the signatories to the letter), and J.P. FitzPatrick, the secretary of the Reform Committee. These five continued to occupy the undesirable premises for four weeks more

they should deposit ￡10,000 in sovereigns each as security that they would not break the conditions of their altered imprisonment. They were to reside in a cottage in Pretoria under strong guard, and they were to p

Mr. J. Rose Innes, Q.C., the leader of the Bar in Cape Colony, attended on their behalf. It was intimated to the Transvaal Government that Mr. Innes would represent the Imperial Government; but objection was made to this on the grounds that he had been admitted to the Pretoria Bar during the British administration, and had failed to comply with

is system appears to be a total disregard of the rules applying to evidence. A few instances will suffice. One of the first witnesses called was Judge Ameshof, who with Chief-Justice Kotzé and Mr. Kock formed the Government Commission appointed to meet the deputation from the Reform Committee on January 1. Judge Ameshof was duly s

he Government Commission?' when Judge Ameshof replied, 'Yes, but if you are going to ask me about anything that took place at that meeting, I cannot answer, because the meeting was a privileged one.' Mr. Wessels did not lose his opportunity, 'You have stated,' he said, 'that you are a Judge of the High Court?' The witness signified assent. 'And you mean to tell me,' Mr. Wessels continued, 'that you feel yourself free to divulge so much as it suits the Government to reveal, but that as soon as I wish to prove something to my clients' advantage the interview

jectured at various times, but that he had nothing in the nature of information or knowledge on the point. This did not satisfy Dr. Coster, who then pressed the question, 'Well, what did you think? What were your thoughts?' The witness objected to state what his thoughts were, as they could have no bearing on the fact, and might be absolutely wide of the mark. He could only repeat that he had no knowledge. The witness appealed to the Bench for protection. Mr. Wessels u

course of his address received a reprimand from the Bench for stating that he now recognized the force of the State Attorney's contention that the law of evidence as obtaining in South Afri

ief Justice Kotzé, and it was felt that something at least had been achieved by Mr. Schumacher, and the rights of a witness would be recognized. But the end is not always in sight in dealing with the Transvaal Government. The State Attorney in turn appealed from the single judge's decision to the full Bench. Judge Morice

nciple of evidence happened to be formulated by the two judges who had been ap

een seriously discussed, was then abandoned as being worse than useless, and calculated only to provoke more extreme measures against the prisoners by placing the Bench in a ridiculous position. It could not be expected that the Chief Justice

im whether he would pledge himself to this effect, and what, for instance, would be done in case a witness who had been heard at the preliminary examination should die before the main trial came off. The reply was, that in such a case of course the Government would be bound to use some of the evidence, but would use it with discretion and not unfairly. This undertaking provoked smiles even in court. The wisdom and fairness of Mr. Wessels' co

high treason-no distinction whatever being made in the references to them from the Bench. By this

restrictions would be removed, Dr. Coster having pledged himself to accept bail, and having actually drawn out the bail-bonds and submitted them to the solicitors of the accused for approval, and every arrangement having been completed-even to the finding of the additional security. They were however at the last moment curtly informed that bail would not be allowed. On this being reported to Mr. Chamberlain, he at once replied to the effect that he could not believe that a Government would revoke a promise made on their behalf by the State Attorney. Dr.

his stupid or treacherous advisers led him into blunders; as when, for instance, he tried to bounce without the intention of making good his implied threats; and when he sent his 4th of February despatch (publishing it in London before it reached Pretoria), strongly and ably reviewing the position, but spoiling all by a proposal which, whilst it had not been suggested to or discussed by the Rand people, and would not have

rongly against it, and that the President could not act against their wishes. When at a later stage a petition was presented by a number of burghers more or less in touch with the Uitlander community, who felt that the treatment of the leaders was havin

the district of Standerton addressed the Government, pointing out the undesirability of allowing a 'certain Advocate Wessels to defend the Jameson rebels,' and praying that the Government

the time was not well chosen unless the intention was to rouse feeling. The Volksstem, the Hollander-Boer organ, in an extremely violent article, described in detail the Slagter's Nek executions, and called upon the burghers to avenge on the persons of the Reformers their murdered countrymen; and it is a fact vouched for by persons by no means friendly to the Uitlander that certain Boers approached President Kruger, intimating to him that the beam had arrived, that it would not be necessary to bother about a trial, but that the four men should be hanged out of hand from the same scaffold which had served for their compatriots. It is but right to say that President Kruger's reply was a severe reprimand, and a rem

he petition were informed that it could not be received; that they must call again. Having called again and again, the petition was at last accepted and placed before the Government; but no reply w

ce against the accused. There remained Justices Jorissen, De Korté and Morice. Mr. De Korté was then threatened with suspension owing to pecuniary embarrassments, and would evidently not be allowed to preside. The fifth judge, Mr. Jorissen, had expressed himself so violently against the Reformers that he had himself recognized the impossibility of attainin

mself of insomnia, but in reality, as results proved, in order to employ a judge for this trial. His choice eventua

east one of his colleagues a black cap for the forthcoming trial. His attitude at the time is sufficiently indicated by what he wrote shortly after the trial, in defence of his action, 'I came up to put down rebellion. I have done so with a strong hand, and I believe that my judgment will bear good fruit in the future.' The prisoners could not but contrast the action of the Government in employing a

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

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Curti

erved on all ali

ican Republic, who, on behalf of the State,

and each or one or more of them, are

Republic, being citizens of, or residing in, this Republic, all and each or one or more of them wrongfully, unlawfully, and with a hostile intention to disturb, injure, or bring into danger the independence or safety of this Republic, treated, conspired, agreed with

of and with an armed and hostile troop, in the neighbourhood of Ottoshoop, district Marico, into the territory of this Republic, and had made a hostile invasion, and had violently attempted to penetrate through to Johannesburg aforesaid, wrongfully, unlawfully, and with a hostile intention to disturb, injure, or bring into danger the independence or safety of this Republic, gave, or attempted to give, the aforementioned Leander Starr Jameson during his hostile invasion aforesaid

in conjunction with Charles Leonard and Dr. H. Wolff, now fugitives, and other persons unknown to the State Attorney, appearing and acting as a committee named by them the 'Reform Committee,' wrongfully and unlawfully, and with a hostile intention to disturb, injure, or bring into danger the independence or safety of this Republic, have distributed, or ca

them the 'Reform Committee,' wrongfully and unlawfully, with hostile intention to disturb, injure, or bring into danger the independence or safety of this Republic, have arrogated to themselves, and have exercised and caused to be exercised, the functions, and powers belonging to the authorities of this Republic; by violence, or by threats of violence, have compelled, or caused to be compelled, the police of this Republic stationed at Johannesburg

the independence of this country was brought int

d conviction thereof, requests the judgment of t

s taken with the invading force at Doornkop) it appears Major White had brought as much of his previous correspondence as he could conveniently carry, together with diaries, notebooks, code-books, cipher-keys, etc. Nor was this all. He had brought a copy of the letter of invitation, certified by himself as magistrate in the Bechuanaland Protectorate. Revelations at and subsequent to the trial show that the State Attorney, on discovering this copy and finding that as a copy it would not be admitted and that he might experience some difficulty in proving it, prevailed upon Major White while in the Pretoria gaol to confirm his previous certificate, and to make an affida

en made through the exertion of the Transvaal authorities, the Select Committee of the Cape House of Assembly, and the Bow Street officers, found to their inexpressible disgust that the efforts which they had made were rendered futile by the capture of these documents; and they were hi

wn to them it was clear that the Government were determined to stretch every point in law to their own advantage and to indulge in few scruples as to the means to be employed to secure a conviction. The Judge, it was known, had been specially imported for this trial, and provisionally appointed to a seat on the Bench. As the c

whom appeal could be made were those who had in the earlier stages associated themselves with the Government against

overnment and the faction which both judge and jury avowedly represented, and tend only to aggravate the penalty. They would moreover have to face that trial as a body of over sixty men, many of whom could have reasonably set up special defences, many of whom were not even mentioned in any evidence which the Government had yet secured (with the exception of course of Judge Ameshof's privileged list), and could therefore reasonably expect to be discharged on making

llowing offer: If the leaders (the signatories to the letter of invitation) would consent to plead guilty to count 1 of the indictment, he would agree to withdraw as against them counts 2, 3, and 4; and in such case he would agree that the rank and file should plead guilty to counts 3 and 4 only, he withd

fence. Mr. Wessels endeavoured to obtain the same alteration in the indictment of the leaders, but this was refused on the ground that it would make the indictment ridiculous; and, apropos of the concession to the rank and file, Dr. Coster even expressed doubts as to whether, if the hostile intention were eliminated, any crime could be said to remain under the indictment. He however agree

is nature, the statute law would of course apply in preference to Roman-Dutch law. Dr. Coster said he presumed that this would be the case, but that he was not quite sure

namely, pleading guilty, and they agreed to this under the impression, which without doubt had been suggested and deliberately

aid that there was the possibility that the judge would invoke Roman-Dutch law and ignore the laws of the country, in which case it would be in his power to pass sentence of dea

the prisoners who had been involved in a less degree than others. The matter at that time appeared in one way to concern the leaders only. If they were willing to take upon themselves the burden of the charge and secure the acquittal of others by accepting the full responsibility, it could only be regarded as a chivalrous act. But there were some among the other the prisoners-'Irreconcilables,' as they were called-who considered themselves equally responsible with the leaders, who strongly objected to shifting any portion of their responsibility upon others, and who desired to stand with those who

on and camping of his force, were in the hands of the Government, and these were sufficient to convict every member of the Reform Committee under count 2 of the indictment in a trial before a Boer jury and by a special judge. Conviction under count 1 was assured by the letter of invitation and the admissions in the 'privileged' meeting with the Government Commission. Conviction under count 2 would be a distinct aggravation of the position of the four-or so it seemed then-whilst it would be a most serious thing for the rank and file; and it was finally decid

top Jameson, whilst those who joined the Reform Committee in the later stages were morally worse, since they had only joined when and because they knew that he had invaded the country. Mr. Gregorowski, at a later stage, defended his sentence on the leaders, but feared he had been 'far too lenient with the others.' It would be unfair therefore to suggest that the advice on which the prisoners had deci

. On the latter date, all being present, and pleas of guilty having been recorded, the State Attorney put in the cipher telegrams, the minutes of the 'privileged' meeting between the Government Commission and the deput

ours. The new-comer asked for no more than is conceded to emigrants by all the other Governments in South Africa, under which every man may, on reasonab

rovisions already deemed obnoxious and unfair were being made more stringent, and that we were being debarred for ever from obtaining the rights which i

, and a letter was written to Dr. Jameson, in which he w

e public meeting which was to have been held on January 6. In consequence of matters that came to our knowledge we sent on Dec

some of the exaggerated rumours which were then in circulation. We were convinced, however, that the Government and the burghers would not in the excitement of the moment believe that we had

in the excitement caused by the news of Dr. Jameson's coming, serious disturbances would be likely to occur, and

to include such men of influence as cared to associate themselves with the movem

urse of circulation to the effect that a force has crossed the Bechuanaland border renders it necessary to take active steps for the defence of Johannesburg and preservation of order. The

CY FITZ

reta

of intense excitement, and through the action of the Committee no aggressive steps whatever were taken against the Gov

rmed, the intense excitement caused by Dr. Jameson's ent

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

ound himself to maintain the independence of the Republic. On the same day the Gove

me (to use their own words) to 'offer us the olive branch,' and they told us that if we would send a deputation to Pretoria to

, consisting of Chief Justice Kotzé, Judge A

meson's presence on the border, and of his intention, by wr

in arms and agitating for our rights, the Government Commission handed to us

cepted his offer. Pending his arrival, no hostile step will be taken against Johannesburg, provided Johannesburg takes no hostile action

e, as it was ours, to avert bloodshed, and believing it to be their intention to g

as a mistake on the part of Dr. Jameson than the following offer which our deputatio

g unmolested, the Committee will guarantee, with their persons if n

we ceased all active operations for the defence of the town against any attack, and we did everything in o

we despatched Mr. Lace, a member of our Committee, as an escort to the courier carrying the High Commissi

Commissioner arrived in Pretoria. On Monday, th

, January

T to REFORM COMMI

High Commissioner endeavoured to obtain some indication of the steps which would be taken in the event of disarmament, but without success, it being intimated that the Government had nothing more to say on this subject than had already been embodied in the President's proclamation. The High Commissioner inquired whether

nt, met us in committee, and handed to us the follo

Pretoria, to SIR J.

esburg 7.36 a.m.

ly and honourably, and that if they do not comply with my request they forfeit all claim to sympathy from Her Majesty's Gove

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

me of the negotiations with the Government, when we were informed that the service

ssible to protect both the State and Dr. Jameson from the consequence of his action; that we have committed no breach of

before the Court, and submit to the

ILLIPS. FRANCIS RH

, April

cur with the a

JOHN HAYS

, April

to that portion of the statement referring to the negotiations with the Executive Council, Mr. Wolmarans at first smiled superciliously, then turned and addressed a remark to one of his colleagues, shrugging his shoulder at the same time, and at the conclusion of the reference looked across the room to where the jurymen sat, still smiling and shaking his head slowly and continuously for half a minute. To men accustomed to the decencies of British Courts of Justice this incide

d fairly entitle the prisoners to sympathy for their efforts to save a quondam colleague, however wrong he might have been. On the point of law, Mr. Wessels claimed that the Thirty-three Articles formed the basis of the State's law, that there was specific provision for such cases as this in those Articles, and that the punishment to be meted out to the prisoners should be in accordance with these statutes, modified as the Court in its judgment might deem fit. No sooner had Mr. Wessels resumed his seat than Dr. Coster, as was then thought, repenting the fulfilment of his promise and casting off all disguise, or, as is more probable, carried away by an over-mastering excitement and strong personal and racial feeling and stimulated by concentration upon one aspect only of the case, claimed the right to address the Court again after the advocate for the defence had spoken. Dr. Coster has the reputation among those who know him of being a thoroughly honourable and straight-forward gentleman. As a Hollander no doubt he felt deeply in a matter in which Holl

trial, believing that a nominal fine would be the penalty imposed. Many of them had taken return tickets from Johannesburg available for two days. The public throughout the Tra

ial means of getting information in Pretoria that imprisonment would be the lot of all and that the punishment on the leaders would be extremely severe; and they provided for this contingency accordingly. The manager of the Government newspaper in Pretoria informed two or three of those interested that the sentence of death would be passed upon

gathered in the Market Square, endeavouring to gain admittance to the Court. The prisoners were arranged in their former places in a special quarter of the building railed off for the purpose, with the exception of Messrs. Phillips, Farrar, Rhodes and Hammond, who were separated from the rest and placed in a special movable dock, which had been carried in over the heads of the people after the hour appointed

subject to which their plea of guilty had been made and accepted. He reviewed the law, and by a method of reasoning which has not commended itself to others he justified himself for setting aside special statutes and applying the Roman-Dutch law instead. In conclusion, he stated that he held the signatories of the letter to be directly responsible for the shedding of the burghers' blood at Doornkop, that he would therefore pass upon them the only punishment possible under Roman-Dutch law-namely death, and that whatever hope there might be in the merciful hearts of the Executive Council and in the President's great magnanimity, they should remember that in no other country would they have the slightest grounds for hope. The usual question as to whether there were any reasons why sentence of death should not be passed upon them having been put and the usual reply in the neg

,000 each, or as an alternative suffer another year's imprisonment, and thereafter to be banished from the State for a period

n at the time of the sentence, when a sergeant of police who was guarding the prisoners exclaim

ollowed during which the judge proceeded to note his judgments. Once his attention was drawn by a remark of an official to which he replied promptly, at the same time breaking into a broad smile, but suddenly recollecting the circumstances and the presence of th

hat as the plea involves capital punishment it will not be accepted; and a formal trial and sufficient evidence of the crime are required by the Court. That is done even in cases where the prisoner knows what the punishment will be! In the case of the Reformers the State Attorney had, it is true, informed Mr. Wessels that he would be obliged pro forma to put in certain evidence, but the reason was not given, and Mr. Wessels regarded it merely

hrough the streets to the gaol, the whole party moving at a foot pace. A little incident at the start did not fail to attract attention. The officer command

s smiling at them as they went past. The action was so remarkable, the expression on the State Secretary's face so unmistakable, that the Dutch guards accompanying the prisoners expressed their disgust. His triumph no doubt was considerable; but the enjoyment must have been short-lived if the accounts given by other members of the Executive of his behaviour a month later are to be credited. The

tence would be carried out and most people recognized that the ebullitions of that organ expressed the feelings of only a few rabid and witless individuals among the Hollanders themselves and were viewed with disgust by the great majority of them. At the same time the scene in court had been such as to

s for Ch

ied in

. On recovery, Mr. Curtis returned to the Transvaal, and deci